Terms and Conditions
The access to and use of this SpiderG platform is subject to the following terms and conditions of use ("Terms"). The words, “he”, "his", "You" “User” and "Customer" refer to the person(s) who opens the account and shall include both singular and plural. Reference to masculine shall include the feminine and third gender. The terms may be accepted by individuals or entities/non-individuals such as corporates, private limited companies, public limited companies, trusts, association of persons, public sector undertakings, non-government organisations, partnership firms etc. and the terms within the document need to be construed accordingly irrespective of the usage therein. Reference to any statute, ordinance or other law includes all regulations and other instruments and all consolidations, modifications amendments, re-enactments or replacements as may be applicable, for the time being in force. All headings, bold typing and italics (if any) have been inserted for convenience of reference only and do not define limit or affect the meaning or interpretation of these Terms.
The User shall comply with all such terms and conditions as SpiderG may prescribe from time to time with regard to the Services provided by it. All Transactions effected by or through this SpiderG platform, shall constitute legally binding and valid transactions between the user and SpiderG.
1. Changes to the terms and conditions:
2.1. For the purpose of these Terms, the following words and phrases shall have the meaning assigned to them under this Article.
2.1.1 "Acquiring bank" :-
means any bank or financial institution that processes debit card or credit card payments of the user
2.1.2 "Services" :-
means the service provided by SpiderG and Service Providers, if any, to Users, whereby a User can (i) receive payments from their vendors or other payers; or (ii) make payment to suppliers, beneficiaries or other payees, or (iii) make settlement by (a) NEFT/RTGS; or (b) credit/ debit card; or (c) net banking; or (d) any other mode of payment or settlement through banks, that may be accepted by SpiderG from time to time
shall mean any person [ individual resident in India and/or a company/partnership firm/sole proprietor/ or entity registered in India] who/which is registered on the SpiderG platform for using this SpiderG platform and/or who/ which subscribes for the Services through this SpiderG platform, to make or to receive payments to or from third parties or to make any settlement. The term "User" shall also cover such personnel of any User who are duly authorized to avail of the Services on behalf of the User.
2.1.4 "Settlement Account”: -
means such bank account maintained by SpiderG under the relevant guidelines of Reserve Bank of India or under any other law or regulation as may be applicable from time to time
2.1.5 "Payee”: -
means any person to whom a payment is made, using the Services, (and the term includes a User who uses the Services to receive payment).
2.1.6. "Payer" :-
means any person who makes a payment, using the Services (and the term includes a User who uses the Services to make payment).
mean any services or products which are purchased/ offered for sale by a User to third parties from time to time, Products shall not include those banned products and services that are listed in Annexure A.
2.1.8. "Service Provider”: -
means a bank, association, facility provider, card issuing institution, acquiring bank, other financial institution, card processor, clearing house networks or any such vendors or service providers, that SpiderG may engage with from time to time to provide the services
means a payment instruction that results in the successful transfer of monies or settlement (a) from a User to a Payee; or (b) from a Payer to a User.
2.1.10 "Transaction Amount":-
means the total amount payable/ receivable by a User/Payee. This amount shall include all applicable taxes, charges, interest, delivery costs, commissions and other such incidental charges etc.
Application programming interface (API) is a set of subroutine definitions, communication protocols and tools for building software and implies a software code that allows two software program to communicate with each other.
To be eligible to use the SpiderG Services, you must be (a) an entity eligible and registered to carry out business or operate in India; or (b) an individual who is at least 18 years old and a resident of India. The SpiderG platform and Services are intended solely for persons who can form legally binding contracts under Indian Contract Act, 1872 and who are 18 years of age or older and anyone who is not previously suspended or removed by SpiderG from availing the SpiderG Services or accessing the SpiderG Platform. Any access to or use of the SpiderG platform or Services by anyone under 18 is expressly prohibited. By using the SpiderG platform or Services User represents and warrants that he is 18 or older and is competent to contract. User also confirms and declares that his Payer/ Payee is similarly competent to contract. A User represents and warrants that he has full power and authority for using the Services and is in strict compliance of all laws as applicable from time to time. Finally, the user also represents not to impersonate any person or entity, or falsely state or otherwise misrepresent his identity, age or affiliation with any person or entity.
In order to avail the Services, User must be registered with SpiderG and the Service Providers, if required. User shall provide SpiderG with all such documents as may be required by SpiderG. By registering with SpiderG, User agrees to provide true, accurate, current and complete information, failing which SpiderG may at any time reject User’s registration and terminate his right to use or access the SpiderG platform and/or Services. When User registers on the SpiderG, a User Account will be created, that is associated with User’s user name, password and other identifying information. User shall be responsible for anything that happens through his User Account.
The user will be required to submit the following information while registering:
- Require to submit the Bank Account Number and IFSC Code
The User is responsible to keep his primary email address up to date so that SpiderG can communicate with him electronically. The User authorises SpiderG directly or through third parties, to make any inquiries as SpiderG consider necessary to validate the identity, including as necessary to comply with the obligations under applicable laws and regulations. This may include asking the user for further information or documentation, requiring him to provide personal identification documents, valid identity proof and address proof.
6. Use of Services:
The Services may be used by User for making and receiving payments from and/or to Payer/Payee or making settlement of a valid and legal transaction.
To enable the User to use the Services, a link with login credentials will be communicated to the User on his mobile phone or notified email address and the User irrevocably and unconditionally accepts the sole responsibility for use, confidentiality and protection of said login credentials, including passwords, as well as for all orders and information and changes entered into the mobile/ e mail/web account using such login credentials. For use of services provided by SpiderG, the user hereby shall subscribe to a suitable plan as he may deem appropriate and make payment to SpiderG as per payment terms laid down hereunder.
SpiderG has no obligation to verify the authenticity of the Transaction once the transaction is generated through a valid login and authenticated through a password. The User shall at all times take all appropriate steps, including those as mentioned herein, to maintain the security and confidentiality of the information. SpiderG shall not be liable for any mistake or misuse of the Services by either the User or by any person authorized by the User, or by any person gaining access to the Services through the User. User agrees that SpiderG accepts all instructions originating from his Account in good faith and that they are genuine and, in a manner, consistent with commercially reasonable security standards. User shall indemnify and hold SpiderG safe and harmless for direct or indirect losses resulted as a result of the disclosure of sensitive information by or through User.
a) On receiving the necessary details from the Service Provider, SpiderG shall initiate the required payment to Payee/User/ as instructed by User/ Payer.
b) Confirmation of the Transaction performed using valid login credentials shall be conclusive evidence of a Transaction being effected.
c) User is responsible to furnish SpiderG with correct and current Payee or Payer information. In the event that the payment is in respect of a purchase or sale of product or services by the User/Payee, SpiderG shall not be required to ensure that the purchased Products and/or services have been duly delivered. In the event a User chooses to complain about a Transaction, the same should be communicated to SpiderG within 3 (three) days of the Transaction. The User expressly agrees and warrants that SpiderG is only an online intermediary / platform for facilitating the payment or settlement of transaction and hence is not responsible to the User or to any other third party for any wrong payment or defect in products delivered or any other dispute between the user and the payee or with banks
7. User Obligations:
a) Every User is responsible to (i) furnish correct and accurate information of the Payer/ Payee as may be required, on an independent basis; (ii) furnish to SpiderG forthwith on demand, the original copy/copies of proof of delivery of Products, invoices or other records pertaining to any Transaction; (iii) ensure that all licenses and registrations required by him are in full force and effect to enable them to carry on the business of sale/ purchase of Products and rendering of Services and agrees to furnish immediately copies of such licenses on request by SpiderG
b) User shall not (i) carry out any activity, which is banned, illegal or immoral, (ii) use the Services in any manner or in furtherance of any activity, which constitutes a violation of any law or regulation or which may cause SpiderG to be subject to investigation, prosecution or legal action.
c) User undertakes and assures to SpiderG that payments shall not be made/ received in respect of any Products mentioned in the banned items list set out in Annexure A hereto.
d) User undertakes to inform SpiderG if he has any dealing or engages as a vendor/supplier/customer/dealer in any of such prohibited goods at any point of time
e) User shall act in compliance with all laws, rules and regulations and shall at all times comply with the guidelines set by Visa/Master Card/ acquiring banks/ Service Providers, as may be applicable from time to time
f) User shall not sell, provide, exchange, or otherwise disclose to third parties or use themselves (other than for the purpose of completing a Transaction, or as specifically required by law) any personal information about any third party, including the account details and mobile number, without obtaining the prior written consent of such third party.
g) User shall take all precautions as may be feasible or as may be directed by SpiderG to ensure that there is no breach of security and that the integrity of the link between their systems/ site, the SpiderG platform and the payment mechanism is maintained at all times. In the event of any loss being caused as a result of the link being breached or as a consequence of the link being improper or being in violation of the provisions of this clause, the loss shall be to the account of the User and the User shall indemnify and keep indemnified SpiderG and the Service Providers from any loss as may be caused in this regard.
h) User shall bear and be solely and exclusively responsible for the payment of all relevant & applicable taxes (including any applicable withholding taxes) as may be due from time to time
i) A User shall not at any time require any other user or any other person to provide him with any details of the accounts held by the other users with any Banks including, the passwords, account number, card numbers, mobile phone numbers and PIN which may be assigned to them by the Banks from time to time.
j) A User shall use the information regarding a Payee/ Payer (including name, address, e-mail address, telephone numbers and other data) conveyed to him whilst using the Services, only for the purpose of completing the Transaction for which it was furnished, and not to sell or otherwise furnish such information to others unless he has an independent source of such information or obtains the express written consent of such Payee/ Payer.
k) A User shall inform SpiderG of any change in his email address, mobile number, address, ownership or legal status or his cessation of business in writing forthwith on such change.
l) User shall not interfere with or damage the SpiderG platform, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology.
m) As a condition of use of the Services, the User will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, or violate the T&Cs. SpiderG reserves the right to suspend the user’s SpiderG account or restrict use of services or any such other action as SpiderG may deem fit [ including but not restricted to such legal recourses as may be available], without any prior notice to the user
n) User shall not impersonate any person or entity, falsely claim or otherwise misrepresent his affiliation with any person or entity, or access the accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted, perform any other similar fraudulent;
o) User shall not infringe SpiderG’s or any third party’s intellectual property rights, rights of publicity or privacy;
p) User shall not use the SpiderG Services or the SpiderG Platform in any manner that could damage, disable, overburden, or impair it, including, without limitation, using the SpiderG Services or the SpiderG Platform in an automated manner or otherwise;
q) SpiderG has the right to investigate and prosecute violation of any of the above to the fullest extent of the law or seek such legal recourse as available.[including but not restricted to indemnify and keep SpiderG and its officers, affiliates from any such losses or damages as SpiderG may incur on account of such violations and also right to adjust any money lying in the settlement account towards losses or damages that SpiderG may suffer on account of such violation, without prior notice to the user
(a) Transaction Fees:
Our fees is Transaction based
1 to 2 percent for payment In and .1 to .5 percent for payment out
The acquiring bank will authenticate, authorize, and process the payment instructions given by the Payer in respect of a Transaction upon fulfilment of valid criteria as set forth by the acquiring bank from time to time and accordingly transfer such approved Transaction Amount from the Payer’s bank account to the settlement account maintained by SpiderG
In consideration of the Services rendered by SpiderG to the User, the User shall pay to SpiderG a Transaction Fee that is more specifically detailed in the Fee Schedule defined in the Payment Terms
SpiderG shall deduct its Transaction Fees plus service tax per successful Transaction and make payment of the balance of the Transaction Amount to User/ Payee’s designated bank account. All other taxes, duties or charges shall be borne and paid by User, unless otherwise agreed between the Parties. SpiderG reserves the right to alter / modify / change the discount / commission or transaction fee payable at its discretion at any time without notice to the user.
It is hereby agreed and acknowledged by the User that the transaction fees charged by SpiderG in respect of a Transaction that has been settled or completed shall not be returned or repaid by SpiderG to the User or any other person irrespective of the Transaction being rejected, charged back, refunded or disputed.
9. Specific Terms:
a) SpiderG will not be responsible for any disputes between the Users and the Payers/ Payees, including issues regarding prices, delivery, non-delivery, deficiency of services or delay in delivery of the Products, quality of Products or services or otherwise. All such disputes will be dealt with by and between the User and the Payer/ Payee directly, and SpiderG shall not be a party to such disputes.
b) SpiderG cannot and does not guarantee the timings of any payments made or received as such timing is dependent upon User’s or the Payer’s bank, card issuing bank/ card processor (where a credit/ debit card is used), acquiring financial institution and other Service Providers. SpiderG assumes no liability and shall not be held responsible for any delays in delivery of payment or availability of funds when using the Services.
c) SpiderG shall not be a party to the contract between the User and any Payer/ Payee in any manner whatsoever. All contracts are directly between Users and their Payers/ Payees.
d) User shall be responsible for any miscommunication or incorrect User/ third party/ other information that may be provided to SpiderG at the time of enabling the Services for the User.
e) SpiderG/ Service Provider reserve the right to impose limits on the number of Transactions which may be charged on an individual credit card or other account during any time period and reserve the right to refuse to make payments in respect of Transactions exceeding such limit. SpiderG also reserves the right to impose limits on each and every amount which may be charged on an individual credit card or other account at any point of time. SpiderG/ Service Provider also reserve the right to refuse to make payments in respect of Transactions by Users with a prior history of questionable charges or for any other reason as the case may be
a) The User will not hold SpiderG liable in case of any improper/ fraudulent/unauthorized/ duplicate/erroneous use of his mobile and/or the web-based access or through any other platform. SpiderG will also not be liable for any direct or indirect consequences connected with the use/ misuse of User’s web/ mobile/ e mail account by any third party. If any third parties gain access to the Services, the User will be responsible and shall indemnify SpiderG against any liability, costs or damages arising out of such misuse / use by third parties based upon or relating to such access and use, or otherwise.
b) The User shall be fully liable for: (a) any unauthorised use of his mobile/ email account; and/or (b) all authorised Transactions on his web/mobile/email account.
c) Without prejudice to the remedies available to SpiderG and these Terms, SpiderG shall be under no liability whatsoever to the User in respect of any loss or damage arising directly or indirectly out of:
- any defect in any Products supplied to him or services rendered to him;
- any inability of a third party to supply or deliver the required Products or services in the necessary numbers or types or manner;
- the refusal of any person (including a Service Provider) to honour or accept a payment;
- the malfunction of any computer terminal or equipment;
- the utilization of the Services by any person other than by the User;
- any transaction which is unsuccessful or fails for any reason whatsoever, whether SpiderG has a prior notice of it or not;
- any mis-statement, error or omission in any details disclosed to SpiderG.
11. Refunds/ Chargebacks:
A Chargeback shall mean a Transaction that is uncollectible and returned to Service Provider/ SpiderG by User/ Payee or acquiring bank for a refund to the concerned Payer / User due to any of the following reasons:
a) Any payment which the User/ Payer refuses to honour or demands a refund of because the Products or services, purchased or sold or the delivery thereof, was not as promised or was defective, deficiency of service, incomplete and /or unsatisfactory for any reason whatsoever, or that payment for the same has already been made.
b) Any payments by a User/ Payer using the Services, which is returned by the acquiring bank for any reason whatsoever.
c) Any charge/debit arising out of any alleged hacking breach of security or encryption that may be utilized by Service Provider/ SpiderG/ Payee from time to time or
d) Any Transaction that is unsuccessful.
As a result of the rapid nature of movements of funds, once a payment has been initiated through the Services, it may not be possible to retract the same using the Services.
Any such retraction of a payment shall be between user and payee directly and a chargeback can be considered only if the Payee refunds the amount back.
In the event of a Chargeback situation arising in case of any Products or services purchased by a User or Payer, for which payment has not yet been made to the Payee or User, the User or Payer shall be advised by SpiderG to resolve the issue with the Payee or User at the earliest and SpiderG shall then settle the payment in accordance with the solution agreed upon by the Parties once the same is communicated to SpiderG.
In any event, chargeback request may be entertained only if the payee refunds the amount and hence SpiderG is under no obligation otherwise.
In the event of a Chargeback situation arising in case of any Products purchased by a User/ Payer, for which payment has been made to the Payee/User / Service Provider, the User/ Payer shall be advised to resolve the issue with the Payee/User / Service Provider at the earliest and shall then settle the payment in accordance with the solution agreed upon by the Parties only if the Payee refunds the amounts back .
SpiderG shall not be responsible to make payments in respect of any Chargeback unless it has received the requisite amounts from the concerned acquiring bank/ Service Provider/ Payee/ User. In the event of the receipt by SpiderG of an amount of a Chargeback from the acquiring bank / Service Provider, SpiderG shall pass on to User/ Payer such amount received by them within 7 days.
If either SpiderG or Service Provider suspects, on reasonable grounds, that a User has committed a breach of these Terms or any other agreement with SpiderG or any act of dishonesty or fraud against SpiderG/ any Service Provider, SpiderG shall be entitled to (a) suspend all payment under these Terms; (b) deactivate/ suspend your User Account and disable your password; and (c) terminate User’s access to the SpiderG platform or the Services; pending enquiries by SpiderG. User may cancel his User Account at any time by sending SpiderG’s an email to that effect.
User shall keep SpiderG safe and harmless and indemnified from and against any and all liability (including but not limited to liabilities, judgments, damages, losses, claims, costs and expenses,) or any other loss that may occur, arising from or relating to any claim, suit or proceeding brought against SpiderG by another User/ Service Provider/ third party for reasons including, but not limited to (i) delivery, non-delivery or delay, deficiency or mistake in respect of the Products purchased sold or services rendered; (ii) a breach, non-performance, non-compliance or inadequate performance by the User of any of the terms, conditions, representations, obligations or warranties made by him; (iii) any acts, errors, misrepresentations, wilful misconduct or negligence of the User, or his employees, subcontractors and agents in performance of their obligations under these Terms; (iv) infringement of Intellectual property rights, privacy rights of third parties; (v) third party claims or suits.
User agrees not to disclose or attempt to use or personally benefit from any non-public information that he may learn on the SpiderG platform or through the Services.
This obligation shall continue until such time as the non-public information has become publicly known through no action of your own. If the User is compelled by order of a court or other governmental or legal body (or have notice that such an order is being sought) to divulge any such non-public information, he agrees to forthwith and diligently notify SpiderG and cooperate fully with SpiderG in protecting such information to the extent possible under applicable law.
15. Intellectual Property Rights:
The SpiderG platform content and the trademarks, service marks and logos contained therein ("Marks") are owned by or licensed to SpiderG, subject to copyright and other intellectual property rights under the law and international conventions. Such SpiderG platform content may not be copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, uploaded, or otherwise exploited without the prior written consent of SpiderG.
17. Disclaimer of Warranties:
THE CONTENT AND FUNCTIONALITY ON THE SPIDERG PLATFORM IS PROVIDED WITH THE UNDERSTANDING THAT SPIDERG IS NOT HEREIN ENGAGED IN ITSELF FOR MAKING PAYMENTS. SPIDERG IS AN INTERMEDIARY BETWEEN BANKS, SERVICE PROVIDERS AND USERS.
ALL CONTENT AND FUNCTIONALITY ON THE SPIDERG PLATFORM IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SPIDERG MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE ACCURACY, OR ADEQUACY OF THE SPIDERG PLATFORM OR THAT THE SERVICES PROVIDED OR THE FUNCTIONALITY ON THIS SPIDERG PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE.
SPIDERG DONOT WARRANT TO THE USER THAT :-
- THE INFORMATION OR CONTENTS PROVIDED ON THE SPIDERG PLATFORM WILL BE ACCURATE, COMPLETE AND UPDATED;
- THE USE OF THE SERVICES WILL MEET THE USER’S REQUIREMENTS;
- THE USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR;
- ANY INFORMATION OBTAINED BY THE USER AS A RESULT OF USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT THE USER’S OWN DISCRETION AND RISK AND THAT THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO WARRANTY OF ANY KIND, IMPLIED, EXPRESS OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, IS GIVEN IN CONJUNCTION WITH SPIDERG’S SERVICES OR ANY DATA/CONTENT.
SPIDERG DOES NOT WARRANT THAT PRODUCTS/SERVICES OR ANY CONTENT/DATA WILL BE PROVIDED UNINTERRUPTED OR FREE FROM ERRORS OR THAT ANY IDENTIFIED DEFECT WILL BE IMMEDIATELY CORRECTED. FURTHER, NO WARRANTY IS GIVEN THAT PRODUCTS/SERVICES OR ANY DATA/CONTENT ARE FREE FROM ANY COMPUTER VIRUS OR OTHER MALICIOUS, DESTRUCTIVE OR CORRUPTING CODE, AGENT, PROGRAM OR MACROS. BANK PROVIDE THE PRODUCTS/SERVICES AN "AS IS", "WHERE IS", "WITH ALL FAULTS" BASIS.
USER HEREBY ACKNOWLEDGES THAT HIS USE OF THIS SPIDERG PLATFORM AND THE SERVICES IS AT HIS SOLE RISK.
UNDER NO CIRCUMSTANCES SHALL SPIDERG OR ANY OF ITS PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, ATTORNEYS AND THEIR RESPECTIVE HEIRS, SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SPIDERG PLATFORM OR THESERVICES, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SPIDERG PLATFORM, EVEN IF SPIDERG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.
18. Limitation of Liability:
USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF HIS ACCESS TO AND USE OF THE SPIDERG PLATFORM AND SERVICES, REMAINS WITH HIM. NEITHER SPIDERG NOR ANY OTHER PARTY INVOLVED IN PROVIDING OR DELIVERING THE SPIDERG PLATFORM OR SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES, OR IN CONNECTION WITH THESE TERMS, AS A RESULT OF HIS USE OF THE SPIDERG PLATFORM OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SPIDERG HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
EXCEPT FOR SPIDERG’S OBLIGATIONS TO MAKE PAYMENTS THROUGH THE SETTLEMENT ACCOUNT AS ENVISAGED HEREIN, IN NO EVENT WILL SPIDERG'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND USER’S USE OF THE SPIDERG PLATFORM AND SERVICES, EXCEED THE AMOUNT OF INDIAN RUPEES ONE THOUSAND ONLY IN AGGREGRATE AT ALL TIMES OR THE AMOUNT PAID BY THE USER FOR AVAILING SPIDERG PLATFORM, WHICHEVER IS LESSER
19. General Terms:
1. Unless otherwise set out, all payments may only be made in Indian Rupees.
2. SpiderG may, change any fee or charge or institute new fees or charges. The User agrees to pay all fees and charges so levied.
3. SpiderG shall not make any refunds of any amounts other than as agreed by these Terms.
4. The User hereby accepts that he may, from time to time, receive from SpiderG or its associates, communications such as service announcements, advertisements or administrative communications.
5. SpiderG’s sole obligation and User’s sole and exclusive remedy in the event of interruption to the Payment Services or loss of use and/or access to the Payment Services, shall be to use all reasonable endeavors to restore the Payment Services as soon as reasonably possible.
6. In no event shall SpiderG or a Service Provider be liable to a User or any other third party for any applicable taxes and government levies.
7. In no event will SpiderG’s total liability to User for all liabilities, losses, damages and causes of action arising out of or relating to these terms and conditions; or the User’s use of the SpiderG platform; however, caused, exceed the amount paid by User, if any, for utilising the SpiderG platform or One Thousand Rupees (Rs.1000), in aggregate, at all times whichever is lesser.
8. Any link on the SpiderG platform to a third-party site is not an endorsement of that third-party site or platform. The use or browsing by a User of any other SpiderG platform shall be subject to the terms and conditions in each such SpiderG platform.
9. SpiderG does not endorse any advertiser or merchant linked to its SpiderG platform. In case of any such endorsement, the User must verify all information provided by the merchants/ advertisers before arriving at his decision to purchase any Product.
10. The User’s participation in any event/ contest/ promotion shall be governed by the terms and conditions mentioned in the respective event/ contest/ promotion along with these Terms.
11. SpiderG shall not be liable for any unauthorised access to the User’s data or any unauthorized transmissions sent through the SpiderG Services.
12. SpiderG shall have the right, at its sole discretion, to:
- restrict or terminate a User's access to its Services;
- modify or discontinue its Services or any part thereof;
- require a User to provide details in respect of any transactions and any other details as required by SpiderG from time to time; without incurring any liability therefor.
13. SpiderG shall have the right, in its sole discretion, for any or no reason, and without penalty, to suspend or terminate a User’s use of the SpiderG platform and its Services or any part thereof, with or without notice.
14. The User shall not (whether on-line or otherwise) describe itself as agent or representative of SpiderG or make any representations to any customer or any third party or give any warranties which may require SpiderG or Service Provider to undertake to or be liable for, whether directly or indirectly, any obligation and/or responsibility to customer or any third party.
15. SpiderG shall not be liable for any breach of these Terms due to any force-majeure event such as act of god, fire, lightning, explosion, flood, inclement weather conditions, power failures, failure in any communication systems, equipment breakdown, strikes, lock-out or any other cause beyond the control of SpiderG.
16. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.
17. SpiderG may assign or transfer its rights and obligations to any other party.
18. In case of any dispute between the parties on the interpretation or implementation of these Terms, the appropriate court in Mumbai shall have exclusive jurisdiction.
19. No failure or delay by SpiderG in exercising any right, power or privilege shall operate as a waiver thereof.
20. All claims, matters and disputes are subject to the sole and exclusive jurisdiction of the competent courts in Pune, State of Maharashtra
For any queries / details Users can contact:
SpiderG -Gladiris Technologies Pvt.Ltd.
401, 4th Floor, Business Avenue, Lane No.6 Koregaon Park, Pune-411001 Or Write to us at firstname.lastname@example.org
Annexure A: Banned items
1) Adult goods and services which includes pornography and other sexually suggestive materials (including literature, imagery and other media); escort or prostitution services.
2) Alcohol which includes Alcohol or alcoholic beverages such as beer, liquor, wine, or champagne.
3) Body parts which includes organs or other body parts.
4) Bulk marketing tools which includes email lists, software, or other products enabling unsolicited email messages (spam).
5) Cable descramblers and black boxes which includes devices intended to obtain cable and satellite signals for free.
6) Child pornography which includes pornographic materials involving minors.
7) Scrupulous Copyright unlocking devices which includes Mod chips or other devices designed to circumvent copyright protection.
8) Scrupulous Copyrighted media which includes unauthorized copies of books, music, movies, and other licensed or protected materials.
9) Scrupulous Copyrighted software which includes unauthorized copies of software, video games and other licensed or protected materials, including OEM or bundled software.
10) Counterfeit and unauthorized goods which includes replicas or imitations of designer goods; items without a celebrity endorsement that would normally require such an association, fake autographs, counterfeit stamps, and other potentially unauthorized goods.
11) Drugs and drug paraphernalia which includes illegal drugs and drug accessories, including herbal drugs like salvia and magic mushrooms.
12) Drug test circumvention aids which includes drug cleansing shakes, urine test additives, and related items.
13) Endangered species which includes plants, animals or other organisms (including product derivatives) in danger of extinction.
14) Gaming/gambling which includes lottery tickets, sports bets, memberships/ enrolment in online gambling sites, and related content.
15) Government IDs or documents which includes fake IDs, passports, diplomas, and noble titles.
16) Hacking and cracking materials which includes manuals, how-to guides, information, or equipment enabling illegal access to software, servers, watomites, or other protected property.
17) Illegal goods which includes materials, products, or information promoting illegal goods or enabling illegal acts.
18) Miracle cures which includes unsubstantiated cures, remedies or other items marketed as quick health fixes.
19) Offensive goods which includes literature, products or other materials that: a) Defame or slander any person or groups of people based on race, ethnicity, national origin, religion, sex, or other factors b) Encourage or incite violent acts c) Promote intolerance or hatred.
20) Offensive goods, crime which includes crime scene photos or items, such as personal belongings, associated with criminals.
21) Prescription drugs or herbal drugs or any kind of online pharmacies which includes drugs or other products requiring a prescription by a licensed medical practitioner.
22) Pyrotechnic devices and hazardous materials which includes fireworks and related goods; toxic, flammable, and radioactive materials and substances.
23) Regulated goods which includes air bags; batteries containing mercury; Freon or similar substances/refrigerants, chemical/industrial solvents, government uniforms, car titles or logos, license plates, police badges and law enforcement equipment, lock-picking devices, pesticides; postage meters, recalled items, slot machines, surveillance equipment; goods regulated by government or other agency specifications.
24) Securities, which includes stocks, bonds, or related financial products.
25) Tobacco and cigarettes which includes cigarettes, cigars, chewing tobacco, and related products.
26) Traffic devices which includes radar detectors/ jammers , license plate covers, traffic signal changers, and related products.
27) Weapons which includes firearms, ammunition, knives, brass knuckles, gun parts, and other armaments.
28) Wholesale currency which includes discounted currencies or currency exchanges.
29) Live animals or hides/skins/teeth, nails and other parts etc of animals.
30) Multi-Level Marketing collection fees.
31) Matrix sites or sites using a matrix scheme approach.
32) Work-at-home information.
33) Drop-shipped merchandise.
34) Any product or service which is not in compliance with all applicable laws and regulations whether federal, state, local or international including the laws of India.
35) The User shall not sell, purchase, provide or exchange a cardholder's name or MasterCard / Visa account number information in any form obtained by reason of a MasterCard/ Visa Card transaction to any third party other than its MasterCard/ Visa acquiring member-Citrus Pay, or pursuant to a government /statutory or competent body's request.
36) Pyrotechnic devices, combustibles, corrosives and hazardous materials which includes explosives, fireworks and related goods; toxic, flammable, and radioactive materials and substances
37) Regulated goods which includes air bags; batteries containing mercury; Freon or similar substances/refrigerants; chemical/industrial solvents; government uniforms; car titles; license plates; police badges and law enforcement equipment; lock-picking devices; pesticides; postage meters; recalled items; slot machines; surveillance equipment; goods regulated by government or other agency specifications
38) Relate to a) promotion of hate, violence, racial intolerance or the financial exploitation of a crime, (b) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (c) certain sexually oriented materials or services, (d) to store, track, transfer, and manage balances of digital currencies, like Bitcoin or Ethereum or cryptocurrencies or by whatever name so called
39 ) Relate to transactions that (a) show the personal information of third parties in violation of applicable law, (b) support pyramid or ponzi schemes, matrix programs, other "get rich quick" schemes or certain multi-level marketing programs, (c) are associated with purchases of annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (d) involve currency exchanges or check cashing businesses, (e) involve certain credit repair, debt settlement services, credit transactions or insurance activities, or (f) involve offering or receiving payments for the purpose of bribery or corruption or money laundering in any manner whatsoever by whatever name as called or (g) ) Securities which includes stocks, bonds, or related financial products
Last Updated On : 8th May 2019