"3Five8 Technologies", "We" represent the "Service Provider" and are interchangeable. It also represents any subsidiary company of 3Five8 Technologies Pvt. Ltd.
"Products" imply all offerings of 3Five8 Technologies, that are SaaS (Software as a Service) Products including but not limited to the Portals: apartmentadda.com, adda.io, addagatekeeper.io and the Mobile Apps: ADDA, ADDA Admin, ADDA GateKeeper.
"Association" and "Society" are used interchangeably. This Term can also be used to indicate Property Builder, Facility Management Company, or any organisation authorised by Payers to collect from them.
“APGI” shall mean ADDA Payment Gateway Integration, and will imply all screens on the Products of 3Five8 Technologies where Online Payment functionality is made available.
"APGI User" means any person holding a Valid Credit Card/Debit card/Net Banking Account and who desires to pay the Association for the Services listed by the Association on the Products of 3Five8 Technologies, and makes payment for the same over the Internet on any of the 3Five8 Technologies’ Products using a Valid Credit Card/Debit Card/NetBanking Account.
“Issuing Bank” in respect of a APGI User, means the bank which has issued the Valid Credit Card to the APGI User with which APGI User makes the payment.
“Service” exclusively means any service that the Association offers to provide / has provided to the APGI User, the payment for which is being made by the APGI User.
“Card Associations” shall mean and include Master Card, Visa, Diners, American Express etc. which authorizes and enables credit card transactions.
3Five8 Technologies integrates Payment Gateway in its Products, and makes it available for the collection of Dues by Associations subscribing to its Products on the Software as a Service model.
The APGI User utilises the APGI upon agreement with the below Terms. While the Terms apply to every APGI User, it is of utmost importance for the Association to understand and agree to these Terms before Activation of the APGI.
2. COVENANTS OF THE ASSOCIATION
1. The Association shall ensure that all charges levied against the APGI User is valid and is meant to be collected using the “APGI”. It will also maintain relevant Documentations (e.g., Bye-Laws, Membership Details ) to substantiate all charges levied against the APGI User.
2. The Association shall not input Credit/Debit Card or NetBanking Data on the APGI themselves or by the staff, on behalf of the APGI User.
3. 3Five8 Technologies will not be a party to any Agreement between the Association and the APGI Users – whatsoever. All agreements will be between the Association and the APGI Users.
4. The Association shall ensure that all licenses and registrations required by the Association are in full force and effect to enable the Association to collect relevant charges/taxes from the APGI User.
5. The Association assures and guarantees to the 3Five8 Technologies, the Card Associations, Acquiring Banks, Facility Providers that the Association shall comply with all rules, byelaws and standards set by the Card Associations, Acquiring Banks, the Facility Providers and further assures and guarantees that the following products and services shall not be sold to the APGI Users using the APGI- 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) Copyright unlocking devices which includes Mod chips or other devices designed to circumvent copyright protection 8) Copyrighted media which includes unauthorized copies of books, music, movies, and other licensed or protected materials 9)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, websites, 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 include 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; 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 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 the Country where the Association belongs.
The Association further confirms, undertakes and assures 3Five8 Technologies, the Card Associations, the Acquiring banks and the facility providers that in the event of violation of any of the byelaws and Standards of the Card Associations, Acquiring Banks, Facility Providers and 3Five8 Technologies by the Association AND any penalty imposed by the Card Associations, Acquiring Banks, Facility Providers on 3Five8 Technologies for any violation for any reason whatsoever, the Association shall on receipt of the claim from 3Five8 Technologies undertakes forthwith without any demur, protest, dispute or delay, to pay to 3Five8 Technologies the amount of the penalty / fine imposed by the Card Associations, AcquiringBanks, Facility Providers on 3Five8 Technologies.
The Association hereby undertakes and agrees to indemnify 3Five8 Technologies, the Facility Providers and the Acquiring Banks and hold 3Five8 Technologies, the Facility Providers and the Acquiring Banks harmless and keep 3Five8 Technologies, the Facility Providers and the Acquiring Banks at all times fully indemnified and held harmless from and against all actions, proceedings, claims, liabilities (including statutory liability), penalties, demands and costs (including without limitation, legal costs of 3Five8 Technologies, the Facility Providers and the Acquiring Banks on a solicitor/attorney and own client basis), awards, damages, losses and/or expenses however arising directly or indirectly as a result of:
a) any breach or non-performance by the Association of any of the Association’s undertakings, warranties,covenants, declarations or obligations under this Agreement; or
b) any claim or proceeding brought by the APGI User or any other person against 3Five8 Technologies, the Facility Providers and the Acquiring Banks in respect of any services offered by the Association; or
c) any act, neglect or default of the Association’s agents, employees, licensees or APGI Users; or
d) any loss or liability arising to 3Five8 Technologies or the Acquiring Banks or the Facility Providers Banks in respect of any services offered by the Association; or
e) any claim by any other party against 3Five8 Technologies, the Facility Providers and the Acquiring Banks arising from sub-clause (a), (b),(c) or (d) above.
Example of specific situations could result in a charge back claim.
a) The APGI User moves out of the Residential Complex, the Move-Out fee is levied on the APGI User. The APGI User makes payment using his credit card, and later claims to the Credit Card company, claiming it to be an incorrect Payment. In this situation, the responsibility rests with the Association to have adequate documentation, to prove that the APGI User was a Member of the Association, as well as Bye-Laws that substantiate charging of the Move-Out Fee. In absence of such substantiations, or upon non-acceptance of any such substantiation by the Acquiring Bank, Credit Card company or Card Associations, any resulting charge back (cancellation of the payment by the credit card) has to be refunded by the Association.
b) The APGI User uses a stolen Credit Card to make a Payment. The Credit Card company will later cancel all these payments, which must promptly be refunded by the Association.
(2)The indemnities under this Article are in addition to and without prejudice to the indemnities given elsewhere in this Payment Gateway Terms and all the indemnities provided herein shall survive the termination of the Subscription Agreement.
5. NO WARRANTY
(1) 3Five8 Technologies, the Acquiring Banks and the Facility Providers disclaims all warranties, express or implied, written or oral, including but not limited to warranties of merchantability and fitness for a particular purpose. The Association acknowledges that the 3Five8 Technologies, the Facility Providers and the Acquiring Bank’s services may not be uninterrupted or error free. The Association also acknowledges that the services provided by the Acquiring banks and the facility providers to 3Five8 Technologies which is passed on to the Association under the APGI agreement, can be in any event be brought to an abrupt end in any event whatsoever by any of the acquiring banks or the facility providers for any reason whatsoever.
2) 3Five8 Technologies’ sole obligation and the Association’s sole and exclusive remedy in the event of interruption to the Services or loss of use and/or access to the Products of 3Five8 Technologies, the facility Providers facilities and the Acquiring Bank’s Payment Mechanism and services, shall be to use all reasonable endeavors to restore the Services and/or access to the Payment Mechanism as soon as reasonably possible.
Without prejudice to any other provision of this Agreement, 3Five8 Technologies, the Facility Providers and the Acquiring Banks does not warrant that: -
a. The Products of 3Five8 Technologies, the facility providers facilities and the Acquiring Bank’s Payment Mechanism will be provided uninterrupted or free from errors or that any identified defect will be corrected; or
b. is free from any virus or other malicious, destructive or corrupting code, program or macro; or
(3) For the avoidance of doubt, in no event shall 3Five8 Technologies, the Facility Providers and the Acquiring Banks be liable to the Association or any other third party for any of the following:
a. amounts due from APGI User in connection with any service obtained by the APGI User from the Association; b. any applicable taxes and Government levies;