Hello and thank you for considering Zetheta. We request you to please refer to the Terms, Privacy Policy, Disclaimer and programme related information on the website before making any payments. These Payment Terms (“Payment Terms”) apply when you pay any money to us or any payment gateway on our website with which we have an agreement to collect money on our behalf. These Payment Terms are a legal agreement (“Agreement”) between you or your business (if you are signing up on behalf of a corporation or other legal entity) (collectively, “you”, or “your”) and Zetheta Algorithms Private Limited (“Zetheta”, “we”, “us”, or “our”).
If you are an individual representing an entity, you acknowledge that: (i) you have the appropriate authority to accept this Agreement on behalf of such entity; (ii) you are of legal age to form a binding contract or your parent or guardian are making the payment or have consented for you to make the payment, and (iii) you and the legal entity are not prevented from paying or wiring money to Zetheta under applicable laws.
Zetheta can accept payments globally but it does not have any presence, representative, office, branch, group entity or place of business in any place other than Mumbai, India. For the purposes of accepting money from you, Zetheta engages one or more online payment gateway(s) who provide payment aggregation services and facilitates collection of online payments for products/ services provided to you. Usually the amounts charged to you reflects in the Zetheta Account within 2 (two) banking days.
Unless expressly informed otherwise in a invoice sent by Zetheta, all payments accepted by Zetheta are for the purposes of licensing FinTech tools for a limited period of time as a trial or experiment or for actual use until the project duration which unless a short period is specified will be assumed to be of two months and will not exceed a period of six months in any circumstances.
DEFINITIONS: All the definitions and terms in the “Terms” page apply to this page of Payment Terms.
“Chargeback” means a Transaction that is disputed at your request or your card issuer’s request and includes retrieval requests for additional information on a Transaction.
“Financial Services Provider” means a person that is engaged in the business of providing a financial service and includes financial institutions.
“Zetheta Account” means the bank account opened by Zetheta to accept money from you.
“Payment Network(s)” means a card network, wallet, clearinghouse, or other payment system through which payment transactions process, clear, or settle. Examples of Payment Networks include Visa International Limited (India), Visa Europe Ltd., Visa U.S.A., Inc., Visa Canada Inc. and Visa International (collectively, “Visa”), MasterCard (India) Private Limited, MasterCard International Incorporated (collectively “MasterCard”), American Express, Diner’s Card, RuPay, clearinghouses, such as the National Payments Corporation of India, National Automated Clearing House Association and popular wallets such as JioMoney, Mobikwik, Airtel Money, FreeCharge, Ola Money, PayTM, Google Pay, and PayZapp or United Payments Interface (UPI) or entities such as PayPal Holdings Inc. (including their subsidiaries or associates) or Stripe Inc. (including their subsidiaries or associates).
“Payment Network Rules” means the written rules, regulations, releases, interpretations and other requirements (whether contractual or otherwise) imposed or adopted, and as amended from time to time, by the relevant Payment Network.
“Transactions” means types of payments from you with respect to sales of our products or services to you. “Transactions” includes transactions to facilitate a reversal or Chargeback of a Transaction.
Capitalised terms used in this Agreement but not otherwise defined in this Agreement shall have the definition provided in our Terms page.
PAYMENT TERMS:
As further described below, we or our payment gateway reserve the right to limit or cap, or to refuse to make or complete any Transaction requested or initiated through our payment gateway, for any reason, in our sole discretion, without any liability or obligation to you. We reserve the right to suspend or cancel any Transactions requested or initiated by you.
In the event that a payment under a Transaction is suspended, reversed, charged back (via a Chargeback), lost in transit due to systems issue or cancelled (either by us or by another party, such as a card issuer or a Payment Network) and the money is not credited to Zetheta Account, then we reserve the right to claim such amount from you or not provide the relevant product or services to you.
We will use commercially reasonable efforts to provide you with support to help resolve issues relating to the Transactions. You may contact us on any payment related issues. The Payment Network(s) and the Payment Gateway has the exclusive responsibility for the processing of Transactions, including the settlement of funds; however we will provide reasonable assistance in liaising between you and the Payment Gateway.
Zetheta does not guarantee or assume any liability for any Transactions authorized and completed that may later be reversed or charged back. You are solely responsible for all reversed or charged back Transactions regardless of the reason for, or timing of the reversal or Chargeback. We or the Payment Gateway may add or remove one or more types of Payment Networks or Payment Methods, at our or the Payment Gateway’s sole discretion, at any time, without prior notice to you.
We reserve the right not to proceed with any Transaction you submit that we believe violates this Agreement, or that may expose you, us, the Payment Gateway, or any other third party to actual or potential risk or harm, including, but not limited to, fraud or other criminal or prohibited acts. You are hereby granting us authorisation to share information with law enforcement or regulatory authorities about you, your Transactions, or your payments.
To verify your identity (KYC), we may require you to provide information in addition to the information you provided when you applied for a programme. The additional information may include, among other things, financial statements, bank account summary, identity documents or residence proof for you or for any of the owners or principals of your business. If you are a non-individual, we may also request your permission to do a physical inspection at your place of business and to examine books and records that pertain to your compliance with this Agreement. We may request such information required to verify your identity at any time after permitting you to go through our programmes or enter/ log in to our platform.
Your failure to comply with any request for additional information, inspection or examination within five (5) days may result in cancellation of your log in rights and right to receive any services or documents from us. You may not be able to complete the programmes and receive necessary certifications or letters.
You shall not deduct any taxes at source or with holding taxes from the amount of Transaction and where such deductions or with holdings are necessary, you shall bear cost of such deductions or with holdings and gross up the amount payable on the Transaction to such higher amounts of such deductions or with holdings. You shall be solely liable to pay for any such deductions or withholdings.
You agree to indemnify and defend Zetheta, our affiliates, and their and our respective employees, directors, agents, payment gateway and service providers (collectively, the “Zetheta Entities”) against any claim, suit, demand, loss, liability, damage, action, or proceeding (each, a “Claim”) brought by a third party against Zetheta, and you agree to fully reimburse Zetheta for any Claims that result from: (i) your breach of any provision of this Agreement; (ii) any fees, fines, penalties, disputes, reversals, returns, Chargebacks or any other liability we incur that results from your Transactions; (iii) your inability to use, understand, comprehend or receive certifications or letters for the programmes enrolled by you; (iv) your negligent or willful misconduct or that of your owners, employees, contractors, or agents; (v) illegal/ illicit sources of funds used by you for the Transactions; or, (vi) third-party indemnity obligations we incur as a direct or indirect result of your acts or omissions, including, but not limited to, indemnification of the Payment Gateway or any Payment Network.
We will have the final decision-making authority with respect to any Claims. You will be required to reimburse us for any liability incurred by the Zetheta Entities. You will not receive a refund of any fees paid to us.
If you are liable for any amounts owed to us as a result of a Claim, you shall make such payments immediately to us. If you do not do so, we may engage in collections efforts to recover such amounts from you at your cost and expense and even hire recovery agents or assign the receivable amounts to any third party without your consent.
We have the right to change or add to the terms of this Agreement at any time, and to change, delete, discontinue, change the prices for, or impose conditions on any feature or aspect of fees, charges or payments that we in our sole discretion deem to be reasonable in the circumstances. Any new Transactions after our publication of any such changes shall constitute your acceptance of this Agreement as modified.
You may be offered advertisements, services, products, and promotions provided by third parties and not by us when using our website. If you decide to use these third-party services, you will be responsible for reviewing and understanding the terms and conditions associated with these services. You agree that we are not responsible for the performance of these services. Our website or application may contain information or links to third-party websites as a convenience to you. The information or inclusion of any website link does imply an approval, endorsement, or recommendation by us. You agree that your access to any such website is at your own risk, and that the site is not governed by the terms and conditions contained in this Agreement. We expressly disclaim any liability for these websites. Please remember that when you use a link to go from our website to another website, our Terms and Privacy Policy is no longer in effect for such other websites. Your browsing and interaction on any other website, including those that have a link on our website, is subject to that website’s own rules and policies.
No party will be liable for delays in processing or other non-performance caused by such events as fires, telecommunications failures, utility failures, power failures, equipment failures, labor strife, riots, war, terrorist attack, non-performance of our vendors or the payment gateway or suppliers, acts of God, or other causes over which the respective party has no reasonable control, except that nothing in this section will affect or excuse your liabilities and obligations under this Agreement, including, without limitation, for reversals, Chargebacks, claims, fines, fees, refunds or unfulfilled products and services.