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Last updated on September 25th, 2020
This page states the Terms and Conditions under which you (Visitor) may visit this Websites https://www.BankNyou.com (hereinafter referred to as ‘Websites’). If you do not accept the Terms and Conditions stated here, we would request you to exit the Websites. Nalsan Enterprises Pvt Ltd under the brand name “BankNyou” reserve their respective rights to revise these Terms and Conditions at any time by updating this post. You should visit this page periodically to re-appraise yourself of the Terms and Conditions, because they are binding on all Visitors of these Websites. The terms and conditions contained hereinafter (“TERMS OF USE“) shall apply to the use of the website www.BankNyou.com or any other linked pages, products, software(s), API keys, features, content or application services (including but without limitation to any mobile application services) in connection therewith, offered from time to time by BankNyou (“BankNyou” or “WE” or “OUR” or “US“) (collectively, “WEBSITE“, “SDK”).
Any person logging on to or using the Website (even when such person does not avail of any services provided in the Website (“SERVICES“)(hereinafter referred to as a “USER“, “SELLER“, “YOU” or “CLIENT“) shall be presumed to have read these Terms of Use (which includes the Privacy Policy, link to which is put on the WEBSITE) and unconditionally and irrevocably accepted the terms and conditions set out herein (these Terms of Use). These Terms of Use, together with the rest of the Policies (defined below), constitute a binding and enforceable agreement between the User and BankNyou. These Terms of Use do not alter in any way the terms or conditions of any other written agreement you may have with BankNyou for other services.
BankNyou brand belongs to ‘M/s Nalsan Enterprises Pvt Ltd’, a company incorporated under the Companies Act, 2013 having its registered office at Flat no. 412, 5 BSZ Marg ITO Delhi 110002, India and includes its successors and assigns. BankNyou owns and manages the Websitehttp://www.BankNyou.com
‘SELLER’ refers to the person or entity with whom BankNyou has valid agreement for participation in the Service offered on this Website by BankNyou.
‘Customer’ refers to the person or entity who have made payment to the SELLER using BankNyou Services.
‘Payment Account’ refers to any valid account of the Customer, including the bank accounts maintained with any bank or financial institution, from which the Customer has made payment to the Merchant, in consideration of goods and services purchased by the Customer.
‘Payment Instruction’refers to instruction given by the Customer using BankNyou Services for effecting payments to Merchant.
‘Applicable Law’ shall mean any law, statute, ordinance, rule, regulation, directive, guideline, policy or other pronouncement, including judicial decisions, having the effect of law in the jurisdiction of each party in India or elsewhere, order, decree, clearance, approval, requirement, or other governmental restriction or any similar form of decision, or determination by, or any interpretation or administration of any of the foregoing by, any statutory or regulatory authority, whether in effect as of the date of this agreement or thereafter and in each case as amended.
‘Guidelines’ shall mean guidelines as may be notified by Reserve Bank of India (RBI) from time to time.
Please read the terms set out hereunder carefully before agreeing to the same. If you do not agree to these Terms of Use (including any referenced policies or guidelines), please immediately terminate your use of the Website. You can accept the Terms of Use by:
• Clicking to accept or agree to the Terms of Use, where this option is made available to you by BankNyou in its User interface for its Services; or
• Using the Services. In this case, you understand and agree by using the BankNyou Service, BankNyou will treat your use of the Services as acceptance of the Terms of Use from that point onwards.
For the purpose of these Terms of Use, wherever the context so requires, the term “User” shall mean and include any natural or legal person who has agreed to these Terms of Use on behalf of itself or any other legal entity.
It is clarified that the Privacy Policy (provided separately on the BankNyou website), forms an integral part of these Terms of Use and should be read simultaneously with the Terms of Use. Illegality or unenforceability of one or more provisions of these Terms of Use shall not affect the legality and enforceability of the other terms of the Terms of Use. For avoidance of doubt, if any of the provisions becomes void or unenforceable, the rest of the provisions of these Terms of Use shall be binding upon the User.
The Terms of Use may be revised or altered by us at our sole discretion at any time without any prior intimation to the User. The latest Terms of Use will be posted here along with the date of change. Any such changes by BankNyou will be effective immediately. By continuing to use this Website or to access the Services / usage of our Services after changes are made, you agree to be bound by the revised/ amended Terms of Use and such amendments shall supersede all other terms of use previously accepted by the User. You are solely responsible for understanding and complying with all applicable laws of your specific jurisdiction, including but not limited to the provisions of the RBI Guidelines on Regulation of Payment Aggregators and Payment Gateways, Prevention of Money Laundering Act, 2002, Know Your Customer (KYC) / Anti-Money Laundering (AML) / Combating Financing of Terrorism (CFT) guidelines issued by the Department of Regulation, RBI (the “KYC GUIDELINES“) etc., that may be applicable to you in connection with your business and use of our Services.
Subject to these Terms of Use, Merchant Onboarding Policy, KYC Policy, Disputes and Grievance Redressal Policy and Privacy Policy (collectively, “POLICIES“), BankNyou offers the Services which is mentioned on the website and in its Merchant Contracts.
It’s BankNyou endeavour to provide the best possible experience to its Users and hence the services are constantly improved upon. You acknowledge and agree that the form and nature of the Services which BankNyou provides may change from time to time without any prior notice to you.
As part of this continuing process, you acknowledge and agree that BankNyou may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to Users generally at BankNyou’s sole discretion, without any prior notice. You may stop using the Services at any point of time. You do not need to specifically inform BankNyou when you stop using the Services.
You acknowledge and agree that if BankNyou disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account, and BankNyou shall intimate you regarding the same.
You acknowledge and agree that BankNyou may have set a fixed upper limit on the number of transmissions you may send or receive through the Services, such fixed upper limits may be reset by BankNyou at any time, solely at BankNyou’s discretion.
BankNyou reserves the right to delete your User information stored in your account including but not limited to all or any personal information or any sensitive personal data or information (“Personal Information”) stored in your User account. Alternately, a User may notify us if they do not wish that we retain or use the personal information or Personal Information by contacting the Nodal Officer (provided further). However, in such a case, we may not be able to provide you some or all of our Services.
By using our Services you agree that BankNyou disclaims any liability or authenticity of any information that may have become outdated since the last time that particular piece of information was updated. BankNyou reserves the right to make changes and corrections to any part of the content of this Website at any time without any prior notice to you. Unless stated otherwise, all pictures and information contained on this Website are believed to be in the public domain as either promotional materials, publicity photos or press media stock. Please contact the Nodal Officer by an e-mail if you are the copyright owner of any content on this Website and you think the use of the above material violates the terms of the applicable Copyright law in any manner. In your request, please indicate the exact URL of the webpage to enable us to locate the same. We will endeavour to address your concerns and take necessary steps, if required. Please note that all images displayed on the Website have been digitised by BankNyou. No other party is authorised to reproduce or republish these digital versions in any format whatsoever without the prior written permission of BankNyou.
BankNyou acknowledges and represents that it is and shall remain Payment Card Industry Data Security Standard (“PCI DSS“) certified. Further, BankNyou shall maintain compliance with PCI DSS Standard or other comparable industry standards governing physical/ logical security cardholder data and ensure on a best effort basis that the card holder’s data is secured in accordance with the standards.
In order to access BankNyou Services, you will be required to sign a User contract with BankNyou by providing information about yourself (such as identification or contact details) as part of the registration process (“REGISTRATION DATA“) for the Services, or as part of your continued use of the Services.
You agree that any Registration Data you give to BankNyou will always be accurate, correct, complete and up to date. If you provide any information that is untrue, inaccurate, incomplete, or not current or if we have reasonable grounds to suspect that such information is in violation of applicable law or not in accordance with the Terms of Use (whether wholly or in part), we reserve the right to reject your registration and/ or indefinitely suspend or terminate your User account and refuse to provide you access to the Website. Further, you agree to indemnify and keep us indemnified from and against all claims resulting from the use of any detail/ information/ Registration Data that you post and/ or supply to us. We shall be entitled to remove any such detail/ information/ Registration Data posted by you without any prior intimation to you if found to be in contravention of the Guidelines or Applicable Laws.
Notwithstanding anything else contained in any other agreement involving you and BankNyou and/ or any other third party, in order to ensure that we are not violating any right that you might have in your Registration Data, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights (but no other rights) that you have in the Registration Data, in any media now or in future known, with respect to your Registration Data solely to enable us to use such Registration Data that you have supplied to us.
You further consent and authorize BankNyou to verify your Registration Data as may be required for your use of and access to the Service offered on this Website, as applicable
Any amendment or rectification of your Registration Data can be carried out by sending an email to the Nodal Officer. Further you also agree that BankNyou, under the RBI Guidelines for Payment Aggregator is required to perform a yearly KYC check and hence you shall provide your KYC Data to BankNyou every year to enable such checks.
Upon successful registration, BankNyou will provide you access to its dashboard which islinked to your User. BankNyou will provide you the UserID and Password for this access. You are responsible for maintaining the confidentiality of the UserID, Password, Registration Data, Payment Data and Authentication Data, and are fully responsible and liable for all activities that occur under your password or account or Secret Key.
Further, you agree to:
1. immediately notify BankNyou of any unauthorized use of your password or account or Secret Key or any other breach of security, and
2. ensure that you exit / log-out from your account after every time you use the Dashboard. Any transaction or activity pursuant to use of your account or password shall be deemed to be your transaction or activity and BankNyou shall have no obligation to verify the authenticity of any such transaction or activity. BankNyou does not assume any responsibility and cannot and will not be liable for any loss or damage arising from your negligence or failure to exit or log-out your account.
If you forget your password, you can request for a new password. On BankNyou being satisfied of your identity (which satisfaction shall be entirely at the discretion of BankNyou), BankNyou shall communicate a new password to you at the e-mail address registered by you with BankNyou. You shall be responsible for continuing to maintain this e-mail address. BankNyou shall not be liable if it declines to furnish the password by reason of it not being satisfied as to your identity.
For your security reasons you have to change this new password as soon as it is received by you, and until then this password shall be deemed to be your password and you will be responsible and liable for all transactions or activities pursuant thereto. Upon generation of the new password, BankNyou shall discontinue the use of the old password. However, you shall be responsible and liable for all transactions that are carried out by the use of the old password, till the time of discontinuation of the old password.
Notwithstanding anything stated elsewhere in the TERMS OF USE, and despite correct use of your Merchant account and password, BankNyou shall be entitled in its sole discretion (but shall not be bound) to seek offline and/or additional written or other confirmation from you of any instruction, transaction or activity as BankNyou may deem fit.
You understand and undertake that you shall be solely responsible for your Registration Data and User content and undertake to, neither by yourself nor by permitting any third party to host, display, upload, modify, publish, transmit, update, sell or share any information that falls in the categories specified under the list of Prohibited Services hereunder.
You agree to use the Services only for purposes that are permitted by (a) these Terms of Use and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by BankNyou, unless you have been specifically allowed to do so in a separate agreement with BankNyou. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in the Seller Agreement.
You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services) on this Website.
Unless you have been specifically permitted to do so in a separate agreement with BankNyou, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
You agree that you are solely responsible for (and that BankNyou has no responsibility to you or to any third party for) any breach of your obligations under the Terms of Use and for the consequences (including any loss or damage which BankNyou may suffer) of any such breach. You further agree to the use of your data by us in accordance with the Privacy Policy.
BankNyou may share any Content (defined hereinafter) generated by the User or their Registration Data with governmental and regulatory agencies who are lawfully authorised for investigative, protective and cyber security activities. Such information may be transferred for the purposes of verification of identity, or for prevention, detection, investigation, prosecution pertaining to cyber security incidents and punishment of offences under any law for the time being in force.
In order to access and use the Service you must be an individual of at least eighteen (18) years of age who can enter into legally binding contracts under applicable law or a corporation, trust, association of persons or firm which can enter into legally binding contracts under applicable law.
In case of a corporation, trust, association of persons or a firm, you must be authorised to agree to the TERMS OF USE and to access, use and avail of the Service. If you do not qualify, you shall not access or use the Service.
If you are not a Resident Indian, you may access, use and avail of the Service only to the extent that the laws of India and those of your country permit you to do so. You agree that you will be solely and absolutely liable for any liability incurred by you in this regard and you will indemnify BankNyou against any liability incurred by BankNyou in this regard.
The User represents and warrants that it will be financially responsible for all of User’s usage (including the purchase of any Service) and access of the Website. The User shall also be responsible for use of User’s account by others. The Terms of Use shall be void where prohibited by applicable laws, and the right to access the Website shall automatically stand revoked in such cases.
For the purposes of these Terms of Use, the term “CONTENT” includes, without limitation, information, data, text, logos, photographs, videos, audio clips, animations, written posts, articles, comments, software, scripts, graphics, themes and interactive features generated, provided or otherwise made accessible on or through the Services.
You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to BankNyou (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by BankNyou or by the owners of that Content, in writing and in a separate agreement.
BankNyou reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service.
BankNyou reserves the right to moderate, publish, re-publish, and use all User generated contributions and comments (including but not limited to reviews, profile pictures, comments, likes, favourites, votes) posted on the Website as it deems appropriate (whether in whole or in part) for its product(s), whether owned or affiliated. BankNyou is not liable to pay royalty to any User for re-publishing any content across any of its platforms.
If you submit any material on the Website, you agree thereby to grant BankNyou the right to use, moderate, publish any such work worldwide for any of its product(s), whether owned or affiliated.
You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, your use of the Services will be at your own risk.
You agree that you are solely responsible for (and that BankNyou has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which BankNyou may suffer) by doing so.
You acknowledge and agree that BankNyou (or BankNyou’s licensors) owns all legal and proprietary right, title and interest in and to the contents of the website and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by BankNyou and that you shall not disclose such information without BankNyou’s prior written consent.
Unless you have agreed otherwise in writing with BankNyou, nothing in the Terms of Use gives you a right to use any of BankNyou’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
Unless you have been expressly authorized to do so in writing by BankNyou, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized User of such marks, names or logos.
BankNyou is committed to and complies with anti-bribery laws including governing laws of the Indian Penal Code, 1860, Prevention of Corruption Act 1988, Prevention of Money Laundering Act, 2002 and other laws prohibiting bribery or corruption. By using this website you agree that you will comply with anti-bribery laws including governing laws of the Indian Penal Code, 1860, Prevention of Corruption Act 1988, Prevention of Money Laundering Act, 2002 and other laws prohibiting bribery or corruption and not engage in any act of bribery as defined under the Applicable Laws.
If BankNyou is intimated, by the Acquiring Bank or a Card Payment Network, that a customer has reported an unauthorised debit of the customer’s payment instrument (“FRAUDULENT TRANSACTION“), then BankNyou shall be entitled to suspend the settlement of the amount associated with the Fraudulent Transaction during the pendency of inquiries, investigations and resolution thereof by the Acquiring Bank or the Card Payment Network.
Subject to paragraph below, if the Fraudulent Transaction results in a Chargeback, then the Chargeback shall be resolved in accordance with the provisions relating to Chargeback as set out under these Terms of Use.
If the amount in respect of a Fraudulent Transaction has already been settled to the User pursuant to these Terms of Use, any dispute arising in relation to the said Fraudulent Transaction, following settlement, shall be resolved in accordance with the RBI’s notification RBI/DPSS/2019-20/174 DPSS.CO.PD.No.1810/02.14.008/2019-20, dated March 17, 2020, DBR.No.Leg.BC.78/09.07.005/2017-18, dated July 6, 2017 read with RBI’s notification DBOD. LEG. BC 86/09.07.007/2001-02 dated April 8, 2002 and other notifications, circulars and guidelines issued by the RBI in this regard from time to time.
You agree that you will not accept payments in connection with businesses, business activities or business practices, including but limited to the following:
• Adult goods and services which include pornography and other sexually suggestive materials (including literature, imagery and other media), escort or prostitution services, website access and/or website memberships of pornography or illegal sites;
• Alcohol which includes alcohol or alcoholic beverages such as beer, liquor, wine, or champagne etc.;
• Body parts which include organs or other body parts;
• Bulk marketing tools which include email lists, software, or other products enabling unsolicited email messages (spam);
• Cable descramblers and black boxes which include devices intended to obtain cable and satellite signals for free;
• Child pornography which includes pornographic materials involving minors;
• Copyright unlocking devices which include mod chips or other devices designed to circumvent copyright protection;
• Copyrighted media which includes unauthorized copies of books, music, movies, and other licensed or protected materials;
• Copyrighted software which includes unauthorized copies of software, video games and other licensed or protected materials, including OEM or bundled software;
• Counterfeit and unauthorized goods which include 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;
• Drugs and drug paraphernalia which include illegal drugs and drug accessories, including herbal drugs like marijuana, salvia and magic mushrooms etc.;
• Drug test circumvention aids which include drug cleansing shakes, urine test additives, and related items;
• Endangered species which include plants, animals or other organisms (including product derivatives) in danger of extinction;
• Gaming/ gambling which include lottery tickets, sports bets, memberships/ enrolment in online gambling sites, and related content;
• Government IDs or documents which include fake IDs, passports, diplomas, and noble titles;
• Hacking and cracking materials which include manuals, how-to guides, information, or equipment enabling illegal access to software, servers, website, or other protected property;
• Illegal goods which include materials, products, or information promoting illegal goods or enabling illegal acts;
• Miracle cures which include unsubstantiated cures, remedies or other items marketed as quick health fixes;
• Offensive goods which include literature, products or other materials that inter alia:
• Defame or slander any person or groups of people based on race, ethnicity, national origin, religion, sex, or other factors;
• Encourage or incite violent acts; or
• Promote intolerance or hatred.
• Offensive goods which include crime scene photos or items, such as personal belongings, associated with criminals;
• Pyrotechnic devices, combustibles, corrosives and hazardous materials which include explosives and related goods, toxic, flammable, and radioactive materials and substances;
• Regulated goods which include 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;
• Securities which include government and/ or public sector unit bonds, stocks, debentures or related financial products;
• Tobacco and cigarettes which include cigarettes, cigars, chewing tobacco, and related products;
• Traffic devices which include radar detectors/ jammers, license plate covers, traffic signal changers, and related products;
• Weapons which include firearms, ammunition, knives, brass knuckles, gun parts, gun powder or explosive mixtures and other armaments;
• Wholesale currency which includes discounted currencies or currency exchanges;
• Live animals or hides/ skins/ teeth, nails and other parts etc. of animals;
• Multi-level marketing collection fees;
• Matrix sites or sites using a matrix scheme approach;
• Work-at-home approach and/ or work-at-home information;
• Drop-shipped merchandise;
• 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;
• The User providing services that have the potential of casting the payment gateway facilitators in a poor light and/ or that may be prone to buy and deny attitude of the cardholders when billed (e.g. adult material/ mature content/ escort services/ friend finders) and thus leading to chargeback and fraud losses;
• Businesses or website that operate within the scope of laws which are not absolutely clear or are ambiguous in nature (e.g. web-based telephony, website supplying medicines or controlled substances, website that promise online match-making);
• Businesses out rightly banned by law (e.g. betting & gambling/ publications or content that is likely to be interpreted by the authorities as leading to moral turpitude or decadence or incite caste/ communal tensions, lotteries/ sweepstakes & games of chance;
• Businesses dealing in intangible goods/ services (e.g. software download/ health/ beauty Products), and involved in pyramid marketing schemes or get-rich-quick schemes;
• Any other product or service, which in the sole opinion of either the Acquiring Bank, is detrimental to the image and interests of either of them/ both of them, as communicated by either of them/ both of them to the User from time to time. This shall be without prejudice to any other terms & conditions mentioned in these Terms of Use;
• Mailing lists;
• Virtual currency, cryptocurrency, prohibited investments for commercial gain or credits that can be monetized, re-sold or converted to physical or digital goods or services or otherwise exit the virtual world;
• Money laundering services;
• Database providers (for tele-callers);
• Bidding/ auction houses;
• Activities prohibited by the Telecom Regulatory Authority of India; and
• Any other activities prohibited by applicable law.
The above list is subject to additions/ amendments (basis changes/ amendments to applicable laws) by BankNyou without prior intimation to you.
Transactions may be disputed anytime within up to 120 (one hundred twenty) days, from the date of transaction by a buyer, as per the Card Payment Network Rules. Disputes resolved in favour of a buyer may result in reversal of payment to such buyer (“CHARGEBACK“). In the event of rejection/ suspension of payments to the seller, chargebacks, refunds and/or any other dispute relating to the transactions contemplated under these Terms of Use (“DISPUTED TRANSACTION“), on any grounds whatsoever, we will forthwith notify the seller of the same.
On such notification the seller will conduct an internal review of such matter and will, within 5 (five) working days from receipt of notification, respond to us in writing either:
• Requesting us to refund (“Refund Request”) the payment received by the seller in respect of such Disputed Transaction Refund Monies; or
• Providing us with a statement explaining how the Disputed Transaction is not warranted, together with all documentary evidence in support of contesting such Disputed Transaction.
All refunds shall be made to the original method of payment. In the event that the seller provides a Refund Request to us or fails to contest such Disputed Transaction within the aforesaid 5 (five) working days or contests Disputed Transaction without providing supporting documentation to us, payment service providers, Card Payment Network and/ or issuing institution’s satisfaction, we will be entitled to recover the Refund Monies from credits subsequently made to the escrow account with respect to payments made by the seller’s buyers.
In the event that we are unable to recover the Refund Monies as aforesaid, due to the amounts credited to the escrow account being lower than the Refund Monies, BankNyou shall be entitled to recover such Refund Monies (or any part thereof) from the User by (i) raising a debit note in respect of such monies; and/ or (ii) setting-off the remaining Refund Monies against the future payables to the seller and refund the same to the respective buyers. The seller will be liable to make payment of the Refund Monies or part thereof which has not been recovered by us forthwith. It is hereby agreed and acknowledged by the parties that the Fees charged by us in respect of the Disputed Transaction will not be refunded or repaid by us to the seller, buyer or any other person. Further, the Chargeback will be provided within 1 (one) week of the transaction and maximum amount of the Chargeback payable by BankNyou to the buyer will be the value of the transaction only.
These Terms of Use and any dispute or claim arising under it will be governed by and construed in accordance with the laws of India. The Users agree that any legal action or proceedings arising out of these Terms of Use or in connection with these Terms of Use may be brought EXCLUSIVELY in the competent courts/ tribunals having jurisdiction in Delhi, India and the Users irrevocably submit themselves to the jurisdiction of such courts/ tribunals.
