PayO - All-in-one digital banking and accounting platform

Terms of use

Effective Date: 1st March 2020
Last updated: 8th May 2020

Introduction

THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF THE INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.

THIS DOCUMENT IS PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF RULE 3(1) OF THE INFORMATION TECHNOLOGY (INTERMEDIARIES GUIDELINES) RULES, 2011 THAT REQUIRES PUBLISHING THE RULES AND REGULATIONS, PRIVACY POLICY AND TERMS OF USE FOR ACCESS OR USAGE OF THIS WEBSITE.

The domain name www.payobank.in (hereinafter referred to as the “Website”) is owned by Cubereum Technologies Private Limited, a company incorporated under the Companies Act, 2013, and having its registered office at #175 & 176, Dollors Colony, Bilekally, BG Road, Bangalore, Karnataka 560078 (“Cubereum” or “We”). The Website acts as an online banking and accounting platform to facilitate the users to conduct their banking/accounting/financing digitally in an efficient, cost-effective, and secure manner (hereinafter referred to as the “Services”).

We reserve a right, at our sole discretion, to change, modify, add or remove all or any of these terms of use (“Terms” or “Terms of Use”), at any time without any prior written notice to you. It is your sole responsibility to review these Terms periodically for updates and changes. Your continued use of the Website following the posting of changes shall be deemed to mean that you accept and agree to the revisions. As long as you comply with these Terms, Cubereum grants you a personal, non- exclusive, non-transferable, limited privilege to access and use the Website for your internal business operations.

  1. Definitions
    1. For the purpose of these Terms of Use, wherever the context so requires, the term:
      1. “Customer/s” shall mean any Person who, being the end consumer of the User, concludes a legal transaction with the User in furtherance of the services/products provided by the User to such Person, and whose information is provided by the User to Cubereum.
      2. “Force Majeure Event” shall mean any event that is beyond the reasonable control of Cubereum and shall include, without limitation, sabotage, fire, flood, explosion, act of God, pandemic, epidemic, civil commotion, strikes, lockouts or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, civil disturbances, unauthorized access to computer data and storage device, computer crashes, virus attacks, breach of security and encryption, and any other similar events not within the control of Cubereum and which Cubereum is not able to overcome.
      3. “Partner Banks” shall currently mean ICICI and Yes Bank and such other banks that may partner with Cubereum from time to time for the provision of the Banking Services by Cubereum.
      4. “Person” shall mean an individual, a corporation, a partnership, a joint venture, a trust, an unincorporated organization and any other legal entity.
      5. “User/s” shall mean and include any small and medium scale enterprise (SME), individuals, business place or users, or any designated employee of the SME, business place/entity, who desire to avail the Services using the Website.
      6. “User Data” shall mean and include any or all information submitted by the User on the Website, in accordance with these Terms.
      7. “User Bank Account” shall mean a non-interest-bearing account maintained by the User with a scheduled commercial bank, details of which are shared with Cubereum for the purposes of the Services.
      8. “Vendor” shall mean any Person who concludes a legal transaction with the User to receive services/products from such Person, and whose information is provided by the User to Cubereum.

    2. It is clarified that all references to ‘it', 'its’ and 'itself’, in the context of the User, under these Terms, shall be deemed to include references to Users of both the genders who are legal and natural entities.

  2. Acceptance of terms
    1. Please carefully read these Terms. In order to use the Website, the User must first agree to the Terms. By accessing, browsing or otherwise using the Website or the Services, the User is agreeing to these Terms and concluding a legally binding contract with Cubereum.
    2. The User is advised to read these Terms carefully before proceeding. The User may not use the Website if the User does not accept the Terms or is unable to be legally bound by the Terms.
    3. The User’s use of the Website is governed by these Terms and shall include the applicable policies which are incorporated herein by way of reference. By impliedly or expressly accepting these Terms, the User also accepts and agrees to be bound by all policies of Cubereum, including but not limited to its privacy policy (“Privacy Policy”), as amended from time to time.
    4. As a condition of the User’s access to and use of the Website, the User agrees that the User will comply with all applicable laws and regulations when using the Website.

  3. Membership eligibility
  4. Use of the Website is available only to persons who can enter into legally binding contracts under the Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents and persons of unsound mind are not eligible to use the Website. Any person under the age of 18 shall not register on the Website and shall not transact on or use the Website. Any minor accessing, using or transacting on the Website in violation of these Terms shall be doing so at their own risk and Cubereum shall not be responsible or liable for any activities or interactions of such minor on the Website. Cubereum reserves the right to terminate any person’s membership and/or refuse to provide such person with access to the Website if it is brought to Cubereum’s notice or if it is discovered that such person is not eligible to use the Website.

  5. Account and registration obligations
    1. The Website allows only limited and restricted access to the Services for unregistered users.
    2. In order to use the Website, as part of the registration process, the User will have to create an account on the Website (“User Account”), which can be done by the User entering its identifying information, its e-mail address, password other contact, information about organisation or individual (collectively hereinafter “Login Credentials”). Users are solely responsible for maintaining the confidentiality of Login Credentials, and to the extent allowed by law, Users accept responsibility for all activities on User account authenticated through User’s Login Credentials, whether authorized or not. Each User agrees to keep User Login Credentials confidential and secure, and Users will not give or make Login Credentials available, directly or indirectly, to any unauthorised individual. Users acknowledge and agree that if Users allow, whether through action or inaction, a person to gain access to Login Credentials, with or without permission, the User is authorising that person to use the Services, and User will be responsible for all transactions that result from such access, even if User did not want the transactions performed, and even if they are unauthorized or fraudulent. Cubereum shall not be held liable in any manner whatsoever for lack of any such authorisation whilst creating the User Account.
    3. While registering with Cubereum to use the Website, the User shall not:
      1. create a User Account for anyone other than the User, unless such person's prior permission has been obtained;
      2. use a User Account that is the name of another person with the intent to impersonate that person;
      3. use a name for the User Account that is a name that is otherwise offensive, vulgar or obscene or otherwise unlawful; or
      4. create more than one User Account on the Website.

    4. Once registered, in order to log into the User Account on the Website, the User will be required to provide the e-mail address and password used at the time of registration (“User Account Information”).
    5. Once logged in, to facilitate the provision of Services to the User, the User will be required to provide Cubereum with certain information, which shall include, inter alia, the type of business and industry of the User, Goods & Services Tax (GST) registration details, Know Your Customer details, details of the User Bank Account and the User’s address.
    6. The User agrees that the information that it provide to us at all times, including at the time of registration, will be true, accurate, up-to-date, and complete. The User agrees that if it provides any information that is untrue, inaccurate, not up-to-date or incomplete or becomes untrue, inaccurate, not up-to-date or incomplete or if Cubereum has reasonable grounds to suspect that such information is untrue, inaccurate, not up-to-date, incomplete, or not in accordance with the these Terms, Cubereum shall have the right to indefinitely suspend or terminate or block access to the User Account on the Website and refuse to provide the User access to the Website.
    7. The User shall not transfer or share its User Account Information with anyone. The User is solely responsible for maintaining the confidentiality of the User Account Information and for all activities that occur under the User Account.
    8. If there is reason to believe that there is likely to be a breach of security or misuse of the User Account, we may request the User to change the password or we may suspend access to the User Account without any liability to Cubereum, for such period of time as we deem appropriate in the circumstances. Cubereum shall not be liable for any loss or damage arising from the User’s failure to comply with this provision. In addition to the above, Cubereum reserves the right to take any and all action, as it deems necessary or reasonable, regarding the security of the Website and the User Account Information.
    9. In no event and under no circumstances shall Cubereum be held liable to the User for any liabilities or damages resulting from or arising out of the User’s use of the Website, theft of the User Account Information, use of the User Account Information or release of the User Account Information to a third party or User’s authorisation to allow another person to access and use the Website using the User Account.
    10. The User understands that once it registers as a user on the Website, the User may receive Short Message Service (SMS) messages, and phone calls from Cubereum on its registered mobile number and the User may receive e- mails on its registered e-mail address. These messages, e-mails and calls could relate to the User’s registration, transactions that the User carries out through the Website and promotions that are undertaken by Cubereum. The User, hereby, by way of accepting these Terms consents to the receipt of such communication from Cubereum. The User shall indemnify Cubereum for any liabilities including financial penalties, damages, reasonable expenses if the User’s mobile number is registered with Do Not Disturb (DND) database. If the User does not wish to receive communication from Cubereum by way of e-mails, call or SMS notifications anymore, the User can send an email to info@payobank.in.
    11. The User agrees to, (i) immediately notify Cubereum of any misappropriation or unauthorised use of the User Account Information or any other breach of security; and (ii) ensure that it exits from the User Account at the end of each session. Cubereum cannot and will not be liable for any loss or damage arising from the User’s failure to comply with this Clause. The User may be held liable for losses incurred by Cubereum or any user or visitor of the Website due to authorised or unauthorised use of the User’s User Account, as a result of the User’s failure in keeping its User Account Information confidential.

  6. Services offered on the website
    1. The User upon being successfully registered with Cubereum will be provided access to a dashboard (linked to the User Account) which shall contain details of all transactions undertaken by the User through the Website.
    2. Cubereum, as part of the Services, offers an array of services on the Website to the User vis-à-vis the User Account, as enumerated in detail below.
    3. Collection Services
      1. As part of the Services, the User whilst availing of our collection services, can generate an unlimited number of invoices, and send these invoices to its Customers. Under this Service, Cubereum also keeps a track of all the payments pending to be received by the User and sends automated payment reminders to the Customers. This Service shall hereinafter be referred to as the “Collection Service/s”.
      2. The Collection Service helps the User in ensuring that no invoice or details of any of its Customers are misplaced.
      3. Once payments are received by Cubereum from the relevant Customer, as part of the Collection Services, Cubereum deposits such payments into the User Bank Account within a period 3 (Three) working days of receipt of payment or such other period as determined by Cubereum on case to case basis.
      4. Cubereum undertakes to notify the User on a day to day basis of all transactions undertaken by Cubereum pursuant to the provision of these Collection Services. It shall be the sole responsibility of the User to regularly check its User Account for any such notifications.
      5. The User acknowledges and understands that through the Collection Services provided on the Website, Cubereum is merely providing a medium to generate invoices and facilitate payments, as and when received, to the User in accordance with these Terms. The User further acknowledges and understands that Cubereum shall not be liable or responsible for any actions or inactions of the Customers and hereby disclaims any and all responsibility and liability in that regard. Cubereum shall further not be required to mediate or resolve any dispute or disagreement that may arise between the User and its Customer.
      6. Cubereum offers no guarantee or warranty that pursuant to the Collection Services, there would be a satisfactory/prompt response or any response at all from the Customer or that the payments corresponding to the invoices will be received by the User on time.

    4. Payment Services
      1. As part of the Services, the User whilst availing of our payment services, can receive an unlimited number of invoices from its Vendors and store details of the same in the User Account. Under this Service, Cubereum also facilitates payments to be made by the User to its Vendors. This Service shall hereinafter be referred to as the “Payment Service/s”.
      2. The Payment Service offers a convenient and secure way to make payments towards the User’s Vendors using the User Bank Account. The User acknowledges and understands that once a payment is made to the Vendor in accordance with these Terms, the User shall not be entitled to stop or seek a reversal of the payment made to the relevant Vendor.
      3. The User acknowledges and understands that through the Payment Services provided on the Website, Cubereum is merely providing a medium to facilitate payments to the Vendors in accordance with these Terms. The User further acknowledges and understands that Cubereum shall not be liable or responsible for any actions or inactions of the Vendors and hereby disclaims any and all responsibility and liability in that regard. Cubereum shall further not be required to mediate or resolve any dispute or disagreement that may arise between the User and its Vendor.
      4. The User acknowledges and understands that Cubereum shall not be liable or responsible if it is unable to affect any payments due to any one or more of the following circumstances:
        • (a) If the payment instruction(s) or the Vendor details issued by the User is/are incomplete, inaccurate, invalid and delayed;

          (b) If the User Bank Account has insufficient funds/credit limits to cover for the amount as mentioned in the payment instruction(s);

          (c) If the funds available in the User Bank Account are under any encumbrance or charge;

          (d) If the payment made to the Vendor is not processed by such Vendor upon receipt;

          (e) If the payment cannot be made due to occurrence of a Force Majeure Event.

          (f) In case the bill payment is not effected for any reason, You will be intimated about the failed payment by an e-mail.

      5. Cubereum undertakes to notify the User on a day to day basis of all transactions undertaken by Cubereum pursuant to the provision of these Payment Services. It shall be the sole responsibility of the User to regularly check its User Account for any such notifications.

    5. Banking Services
      1. As part of the Services, the User whilst availing of our banking services, can open a non-interest bearing current account with the Partner Banks (“User Current Account”) without any logistical hassles/delay (such Service hereinafter referred to as the “Banking Services”). The User shall be required to submit duly filled application form/s along with the prescribed set of documents stipulated from time to time, to the satisfaction of the Partner Bank.
      2. The User acknowledges and understands that through the Banking Services provided on the Website, Cubereum is merely facilitating the quick and hassle-free opening of the User Current Account with the Partner Bank and shall, therefore, not be liable or responsible for any actions or inactions of the Partner Bank in relation to the User Current Account and hereby disclaims any and all responsibility and liability in that regard. Cubereum shall further not be required to mediate or resolve any dispute or disagreement that may arise between the User and its Customer.

    6. Other Ancillary Services
    7. In addition to the above, upon being registered, Cubereum shall provide the following services to the User on the Website:

    8. The User agrees and understand that Cubereum cannot and will not be responsible, under any circumstance whatsoever, for any inaccurate information that may be given by the User to Cubereum in relation to any of the Services (including without limitation information in relation to the Customers and Vendors of the User) provided by Cubereum on the Website. The User further agrees and understands that Cubereum, under no circumstance, shall be required to verify or authenticate the information provided by the User for availing any of the Services provided by Cubereum on the Website. The User is advised to use due caution when providing any information to Cubereum accordingly.
    9. The User hereby agrees that Cubereum has the right to change modify, suspend, or discontinue and/or eliminate any aspect(s), features or support or functionality of the Services as it deems fit at any time without notice. Further, Cubereum has the right to amend these Terms from time to time without prior notice to you. Cubereum makes no commitment, express or implied, to maintain or continue any aspect of the Services and/or the Website (as the case may be). The User agrees that Cubereum shall not be liable to the User or any third party for any modification, suspension or discontinuance of any of the Services.
    10. The User further agrees that the provision of Services on the Website may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. Cubereum strives to keep the Website up and running; however, all online services suffer occasional disruptions and outages, and Cubereum isn’t liable for any disruption or loss you may suffer as a result. Cubereum shall further not be held liable for any loss of data, technical or otherwise, information, particulars supplied by the User, due the reasons beyond its control like corruption of data or delay or failure to perform as a result of a Force Majeure Event.
    11. Cubereum reserves the right to decline to provide you all or any part of the Services on its Website at its sole discretion. The User agrees not to challenge such decision.

  7. Cubereum is an intermediary
    1. Cubereum has developed a software application (“Software Application”) and established the Website. Cubereum merely acts as an intermediary by creating a platform between the User/s, Customers, Vendors and the Partner Banks by means of the Software Application and Website. The User acknowledges and agrees that the Website is strictly a technology platform and infrastructure for connecting various stakeholders to the User. Cubereum shall not be liable for any reason whatsoever for the Services and for any transactions consummated on the Website and shall bear no liability for the consequences to the User, of the User’s use of the Website and the Services.
    2. All commercial/contractual terms are offered by and agreed to between the Users, its Customers and/or Vendors and/or Partner Banks (as may be applicable) (hereinafter, the “Third Parties”). The commercial/contractual terms include without date, period and mode of delivery, warranties related to products and services and after sales services related to products and services (as may be applicable). Cubereum does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the User and the Third Parties.
    3. Cubereum is not responsible for any non-performance or breach of any contract entered into between the User and the Third Parties. Cubereum cannot and does not guarantee for the performance of any transaction concluded on the Website.
    4. PLEASE NOTE THAT CUBEREUM IS NOT AN AUTHORISED AGENT OF ANY OF THE THIRD PARTIES AND WHILST PERFORMING ANY AND ALL THE SERVICES IS ONLY ACTING AN ONLINE INTERMEDIARY FACILITATING THE TRANSACTIONS WITH THE THIRD PARTIES IN A LIMITED CAPACITY AND DOES NOT BEAR ANY RESPONSIBILITY FOR DELIVERY, AUTHENTICATION OR ANY OTHER KIND OF LOGISTICAL SUPPORT UNLESS EXPRESSLY MENTIONED.

  8. Use of the website
    1. The User agrees, undertakes and covenants that, during the use of the Website, the User shall not host, display, upload, modify, publish, transmit, update or share any information that:
      1. belongs to another person or entity and to which you do not have any right.
      2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another person's privacy, hateful or racially or ethnically objectionable, or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever.
      3. is misleading in any way.
      4. involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming".
      5. infringes upon or violates any third party's rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorised disclosure of a person's name, email address, physical address or phone number) or rights of publicity.
      6. provides instructional information about illegal activities such as violating someone's privacy, or providing or creating computer viruses.
      7. tries to gain unauthorised access or exceeds the scope of authorised access to the Website or to profiles, blogs, communities, account information, bulletins, or other areas of the Website or solicits passwords or personally identifying information for commercial or unlawful purposes from other users of the Website.
      8. engages in commercial activities without Cubereum’s prior written consent such as engages in contests, sweepstakes, barter, advertising etc.
      9. interferes with another user’s use of the Website.
      10. refers to any website or URL that, in Cubereum’s sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms.
      11. deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature.
      12. contains software viruses or any other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, diminish value of, covertly intercept or steal any system, data or personal information.

    2. The User agree and acknowledge that it shall not use the Website and the Services for any illegal or unauthorised purpose or use the Website in any way that is unlawful, or harms Cubereum. The User agrees to comply with all laws, rules and regulations applicable to its use of the Website and the Services. The User further agrees and acknowledges that it shall use the User Account on the Website only for its business purposes.
    3. The User may not decompile, reverse engineer, or disassemble the contents of our Website or modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from our Website or remove any copyright, trademark registration, or other proprietary notices from the contents of our Website.
    4. The User shall not advertise or sell the Services made available on the Website or domain names or otherwise (whether or not for profit) belonging to Cubereum, or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum to do the same for commercial purposes of any kind.
    5. Cubereum shall have the right, but not the obligation, to monitor access to or use of the Website and the User Account to ensure the User’s compliance with these Terms or applicable laws or other legal requirements, at its sole discretion.
    6. The User understands and acknowledges that any transactions contemplated through the Website of Cubereum will not violate any applicable laws or regulations for the time being in force in or outside India. The User shall be responsible for complying with applicable laws in respect of such transactions including but not limited to the Prevention of Money Laundering Act, 2002, the Prohibitions of Benami Property Transactions Act, 1998 and Income Tax Act, 196, including any amendments thereof.

  9. Payment terms
    1. Subscription plan for initial access to our Services may start with a free trial. The time period for the free trial period may last at the sole discretion of Cubereum. The User’s eligibility for a free trial including the time for such free trial and the Services available to be provided to the User during free trial period is at the discretion of Cubereum and such free trial can be modified, suspended or terminated by Cubereum at any point of time without giving notice to the User. The User shall be entitled to all Services upon upgrading to a premium account. Provided however that the decision regarding what Services will be made available to the User shall solely vest with Cubereum.
    2. The Services, including but not limited to upgrading to a premium account, may require the User to pay convenience fees in order to avail such Services.
    3. Convenience fees payable by the User are based on different subscription plans mentioned below.
      1. Monthly Convenience Fees upon completion of free trial period, at the sole discretion by Cubereum.
      2. Annual Convenience Fees upon completion of free trial period, at the sole discretion by Cubereum.

    4. Subject to the above clause 8.3, it is clarified that the convenience fees payable by the User will be charged by Cubereum on the basis on the turnover of the businesses of each User. Notwithstanding anything to the contrary contained in these Terms, Cubereum reserves the right to update the convenience fees payable by the User from time to time with or without prior notice to the User/s.
    5. If the User chooses to upgrade to a premium account, based on the convenience fee payable by the User for the Services availed, the User expressly authorises Cubereum and Cubereum’s payment processor to charge the payment method the User provides for the applicable convenience fee. All fees and applicable taxes, if any, are payable in Indian Rupees. All fees payable by the Users to Cubereum in accordance with these Terms are non-refundable.
    6. The User shall be responsible for the accuracy and authenticity of the information provided by it, including the bank account number/credit card details and any other information requested during the payment process. The User agrees and acknowledges that Cubereum shall not be liable and in no way be held responsible for any losses whatsoever, whether direct, indirect, incidental or consequential, including without limitation any losses due to delay in processing of payment instruction or any credit card fraud.
    7. The User can keep track of the User Account by locating the settings page on the User’s profile on the Website and selecting the ‘Account’ tab which will display the expiry date of the User’s subscription. It is clarified that the User shall have the right to cancel its paid subscription at any time by locating the settings page on the User’s profile, selecting the ‘Account’ tab and further clicking on "Cancel Plan”.

  10. Content
    1. Cubereum does not claim any ownership rights in the files, images, location data, videos, bank details, financial information, sounds, applications, information relating to User’s customers and vendors and all forms of data or communication (collectively, “Content”) that you provide to Cubereum through the Services (“User Content”).
    2. Cubereum gathers and compiles information and data about our users and their usage of the Services on a collective basis, in a manner which reveals personally identifiable information about individual users. The User understands, acknowledges, and agrees that Cubereum is the sole owner of all such aggregated data for all purposes, and has the unrestricted right to use such data and to disclose or distribute such data to third parties as it deems fit, throughout the world, in any media or form.
    3. Cubereum may use User Content in a variety of different ways as permitted by the Privacy Policy displayed on the Website.
    4. Except for the Content, all of the content available through the Services (including the right to sue for passing off, design rights, reports, data, databases, tools, code, photographs, pictures, video, interfaces, web-pages, designs, text, graphics, images, information, software (“Software”), audio and other media files, their selection and arrangement, materials and all other intellectual property rights) are owned by Cubereum and/or are licensed to us by a third party (“Our Content”). The User acknowledges and accepts that the User is expressly prohibited from using Our Content except where we grant the User a limited license to use Our Content in connection with the Services. Our name and logo ‘PayO’ is our registered trademark/service mark. To the extent that there are trademarks, service marks and/or logos from other organisations on our Services, they are the trademarks, service marks and logos of those respective organisations. The User is granted no general right or commercial license with respect to our trademarks, service marks and logos or of the trademarks, service marks or logos of those other organisations
    5. Based on the User’s confirmation, Cubereum may facilitate the demonstration of our Services at the location sought by the User. The User acknowledges that it has not been induced by any statements or representations of any Person with respect to the quality, contents or conditions of the Services and that User has relied solely on the investigations, examinations and inspections by the User. The User has chosen to make such investigations, examinations and inspections and Cubereum has afforded the User the opportunity for full and complete investigations, examinations and inspections.

  11. User data retention
  12. User agrees and provides its consent to Cubereum to retain the User Content. Cubereum may need User Content for providing best possible products and services to the Users, providing and managing User’s account, providing and managing User’s access to Cubereum’s Services, responding to communications, personalising and tailoring User’s experience on Cubereum’s Services or for any other legal and contractual use. Cubereum retains User Content for as long as Cubereum needs to, in order to use it in accordance with these Terms, and/or for as long as Cubereum has User’s consent to keep it. In any event, Cubereum will conduct an annual review to ascertain whether Cubereum requires to keep User Content. User Content will be deleted if Cubereum no longer needs it in accordance with the Terms.

  13. Links to third party websites
  14. The Website may contain links and interactive functionality interacting with the websites of third parties. Cubereum is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such website. Before enabling any sharing functions to communicate with any such website or otherwise visiting any such website, Cubereum strongly recommends that the User reviews and understands the terms and conditions, privacy policies, settings, and information-sharing functions of each such third-party website.

  15. Representations
  16. The User hereby represents and warrants that it has validly entered into these Terms and has the legal power to do so. The User further represents and warrants that it shall be solely responsible for the due compliance with these Terms.

  17. Privacy Policy
  18. As elaborated under the Privacy Policy, Cubereum will keep all confidential information confidential and shall not disclose it to anyone except as required by law, and shall ensure that such confidential information is protected with security measures and a degree of care that it would apply to its own confidential information. Cubereum acknowledges that its employees, directors, agents and contractors shall use the confidential information only for the intended purpose for which it is provided. Cubereum shall use all reasonable endeavours to ensure that its employees, directors, agents and contractors acknowledge and comply with the provisions of these Terms of confidentiality as if such person was subject to these Terms of confidentiality. If the User objects to its information being transferred or used, the User should not use the Website.

  19. Proprietary rights
  20. The Website and the Services provide therein are protected by copyright laws as well as other intellectual property laws as applicable. Cubereum and its licensors shall retain ownership in and to the Website and the Services and to all related intellectual property rights, including without limitation copyrights, trademarks, trade names, database rights and patents. The User is granted only a limited right to use the Website and the Services subject to these Terms of Use and no intellectual property rights are or will deemed to be transferred or licensed or assigned to the User except as contemplated herein.

  21. Indemnification
  22. The User agrees to indemnify and hold harmless Cubereum, its owners, licensors, suppliers, affiliates, subsidiaries, group companies (as applicable) and their representatives, directors, agents, and employees, from any claims, suits, proceedings, disputes, demands, liabilities, damages, loss, costs, demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of the User’s breach of these Terms of Use, Privacy Policy and other policies, or the User’s violation of any law, rules or regulations or the rights (including infringement of any intellectual property rights) of a third party.

  23. Assignment
  24. Cubereum reserves the right, at its own discretion, to freely assign and transfer the rights and obligations under these Terms of Use to any third party.

  25. Deleting the user account
    1. The User can delete the User Account and terminate its use of the Services at any time by locating the ‘delete profile’ option in the settings section of the User’s profile. Once the User has deleted the User Account, its licence will be revoked and the User will no longer have access to the User’s profile on the Website. Cubereum does not accept any liability for deletion of information or content from the User’s profile upon such deletion of User Account. The User acknowledges and accepts that certain User Content may remain even after the deletion of the User’s profile.
    2. If the User cancels/deletes the User Account before the expiry of its current/active subscription in accordance with these Terms the User’s cancellation/deletion of the User Account will take effect immediately and the User shall not be charged again, provided however that the User will not be entitled to receive any refund for remaining period of the User’s subscription.

  26. Termination of user account by Cubereum
    1. The User Account can be terminated at any time by:
      1. User; in accordance with Clause 18 or by ceasing to use the Website/Services.
      2. Cubereum; in its sole discretion for any reason or no reason including the User’s violation of these Terms or lack of use of the Website. The User acknowledges that the termination of Services may be affected without any prior notice, and Cubereum may immediately deactivate or delete the User Account and all related information and/or bar any further access to the User Account or the Website. Further, the User agrees that Cubereum shall not be liable for any discontinuation or termination of services by any third party.

    2. The disclaimer of warranties, the limitation of liability, and the governing law provisions shall survive any termination of these Terms.

  27. Disclaimer of warranties
  28. THE WEBSITE, SERVICES AND ALL INFORMATION, CONTENT, MATERIALS ON OR OTHERWISE MADE AVAILABLE TO THE USER THROUGH THE SERVICES AND THE WEBSITE ARE PROVIDED BY CUBEREUM ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. CUBEREUM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE AND THE SERVICES, THE ACCURACY OR COMPLETENESS OF THE CONTENTS AND THE ACCURACY OF THE INFORMATION. CUBEREUM SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO THE USER’S DEVICES OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, DOCUMENT OR INFORMATION. THE USER EXPRESSLY AGREES THAT THE USE OF THE WEBSITE AND SERVICES IS AT THE USER’S SOLE RISK. CUBEREUM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE AND THE SERVICES OR THE CONTENTS INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULL EXTENT PERMITTED BY LAW, CUBEREUM DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE WEBSITE AND THE SERVICES AND ITS CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.

  29. Limitation of liability
  30. IN NO EVENT SHALL CUBEREUM, OR ITS REPRESENTATIVES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM THE USER’S ACCESS TO AND USE OF THE SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SECURE SERVERS AND/OR ANY AND ALL PERSONAL AND/OR BUSINESS AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY; AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE/MOBILE APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CUBEREUM IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE ABOVE AND NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, THE MAXIMUM AGGREGATE LIABILITY (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR EQUITY) OF CUBEREUM VIS-À-VIS ANY USER, REGARDLESS OF THE FORM OF CLAIM, SHALL BE LIMITED TO THE AGGREGATE OF FEES PAID BY THE USER TO CUBEREUM. THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY HEREIN.

  31. Severability and waiver
  32. These Terms, the Privacy Policy and other referenced material herein or on the Website, are the entire agreement between the User and Cubereum with respect to the Services, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between the User and Cubereum with respect to the Services and govern the future relationship. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

  33. General information
    1. These Terms and the relationship between Cubereum and the User are governed by the laws of India without regard to any conflict of law provisions of any jurisdiction. The User agrees to submit to the exclusive jurisdiction of the courts in India, except that we may seek injunctive relief in any jurisdiction in order to enforce our rights under these Terms.
    2. Under these Terms no person other than Cubereum and the User shall have any rights in relation to your access and/or use of the Website and the Services, provided that Cubereum’s third party licensors may take action against the User to enforce any infringement of their intellectual property rights or other rights.

  34. Governing law and dispute resolution
  35. These Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall exclusively be in Bangalore, India. In the event of any dispute arising out of these Terms the same shall be settled by a binding arbitration conducted by a sole arbitrator, appointed jointly by both parties and governed by the Arbitration and Conciliation Act, 1996. The venue of arbitration shall be Bangalore, India and the language used shall be English.

  36. Grievance officer
  37. In accordance with the Information Technology Act, 2000 and Rules made thereunder, the name and contact details of the Grievance Officer are provided below:

    Name: Pratik Mundra
    Address: 175&, 176, Bannerghatta Main Rd, Dollars Colony, Bengaluru, Karnataka 560076
    Contact: +91-8618292495
    Email ID: info@payobank.in

    If you wish to make a complaint regarding any violation of the provisions of these Terms, you may send a written complaint to the Grievance Officer, who shall redress the complaint in accordance with the provisions of the Information Technology Act, 2000 and Rules made thereunder.

  38. How to contact us
  39. If the User has questions or concerns about these Terms, please contact Cubereum at info@payobank.in.