The Terms and Conditions contained herein shall apply to any person (“User”) using the services of Maxvalue Credits and Investments Ltd (MAXVALUE) for the payment of EMI/EWI/EDI through an online payment gateway service (“Service”) offered by Payment Gateway Service provider, through MAXVALUE’s website i.e. https://maxvaluecredits.com/. Each User is therefore deemed to have read and accepted these Terms and Conditions.
Please be aware, however, that MAXVALUE will release specific personal information about the User if required to do so in the following circumstances
a) in order to comply with any valid legal process such as a search warrant, statute, or court order, or Income Tax authority, or
b) if any of User’s actions on MAXVALUE’s website violate the Terms of Service or any of MAXVALUE’s guidelines for specific services, or c) to protect or defend MAXVALUE’s legal rights or property, the MAXVALUE site, or MAXVALUE Users; or d) to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the security, integrity of MAXVALUE website/offerings.
B. General Terms and Conditions for Online-Payments
1. Once a User has accepted these Terms and Conditions, he/ she may login the ID with his/her already registered mobile number and with the OTP generated in the registered mobile number and avail the Services.
2. MAXVALUE’s rights, obligations, undertakings shall be subject to the laws in force in India, as well as any directives/ procedures of Government of India, and nothing contained in these Terms and Conditions shall be in derogation of MAXVALUE's right to comply with any law enforcement agencies request or requirements relating to any User’s use of the website or information provided to or gathered by MAXVALUE with respect to such use. Each User accepts and agrees that the provision of details of his/ her use of the Website to regulators or police or to any other third party in order to resolve disputes or complaints which relate to the Website shall be at the absolute discretion of MAXVALUE.
3. If any part of these Terms and Conditions are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect.
4. These Terms and Conditions constitute the entire agreement between the User and MAXVALUE. These Terms and Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the User and MAXVALUE with respect to the online payment. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
5. The entries in the books of MAXVALUE and/or the Payment Service Providers kept in the ordinary course of business of MAXVALUE and/or the Payment Service Providers with regard to transactions covered under these Terms and Conditions and matters therein appearing shall be binding on the User and shall be conclusive proof of the genuineness and accuracy of the transaction.
C. Limitation of Liability
1. MAXVALUE has made this Service available to the User as a matter of convenience. MAXVALUE expressly disclaims any claim or liability arising out of the provision of this Service. The User agrees and acknowledges that he/she shall be solely responsible for his/ her conduct and that MAXVALUE reserves the right to terminate the rights to use the Service immediately without giving any prior notice thereof.
2. MAXVALUE and/or the Payment Service Providers shall not be liable for any inaccuracy, error or delay in, or omission of (a) any data, information or message, or (b) the transmission or delivery of any such data, information or message; or (c) any loss or damage arising from or occasioned by any such inaccuracy, error, delay or omission, non-performance or interruption in any such data, information or message. Under no circumstances shall the MAXVALUE and/or the Payment Service Providers, its employees, directors, and its third party agents involved in processing, delivering or managing the Services, be liable for any direct, indirect, incidental, special or consequential damages, or any damages whatsoever, including punitive or exemplary arising out of or in any way connected with the provision of or any inadequacy or deficiency in the provision of the Services or resulting from unauthorized access or alteration of transmissions of data or arising from suspension or termination of the Services.
3. MAXVALUE and the Payment Service Provider(s) assume no liability whatsoever for any monetary or other damage suffered by the User on account of:
(I) the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Payment Gateway or Services in connection thereto; and/ or
(ii) Any interruption or errors in the operation of the Payment Gateway.
4. The User shall indemnify and hold harmless the Payment Service Provider(s) and MAXVALUE and their respective officers, directors, agents, and employees, from any claim or demand, or actions arising out of or in connection with the utilization of the Services.
5. The User agrees that MAXVALUE or any of its employees will not be held liable by the User for any loss or damages arising from your use of, or reliance upon the information contained on the Website, or any failure to comply with these Terms and Conditions where such failure is due to circumstance beyond MAXVALUE’s reasonable control.
D. Miscellaneous Conditions:
1. The User agrees, understands and confirms that his/ her personal data including without limitation details relating to debit card transmitted over the Internet may be susceptible to misuse, hacking, theft and/ or fraud and that MAXVALUE or the Payment Service Provider(s) have no control over such matters.
2. Although all reasonable care has been taken towards guarding against unauthorized use of any information transmitted by the User, MAXVALUE does not represent or guarantee that the use of the Services provided by/ through it will not result in theft and/or unauthorized use of data over the Internet.
3. MAXVALUE, the Payment Service Provider(s) and its affiliates and associates shall not be liable, at any time, for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of information contained on the Website.
4. The total e-payment online transactions are executed using state of the art technology (SSL) to ensure secured transaction. MAXVALUE shall not be liable for any failure by the User or third party making payment of Fees to properly protect data from being seen on their screen by other persons or otherwise obtained by such persons, during the online payment process or in respect of any omission to provide accurate information in the course of the online payment process.
E. Debit Card, BBPS, Bank Account Details
1. The User agrees that the debit card details provided by him/ her for use of the aforesaid Service(s) must be correct and accurate and that the User shall not use a debit card, that is not lawfully owned by him/ her or the use of which is not authorized by the lawful owner thereof. The User further agrees and undertakes to provide correct and valid debit card details.
2. The User may pay his/ her EMI/EWI/EDIs to MAXVALUE by using a debit card or BBPS or through online banking account. The User warrants, agrees and confirms that when he/ she initiates a payment transaction and/or issues an online payment instruction and provides his/ her card / BBPS/ bank details:
i. The User is fully and lawfully entitled to use such debit card, BBPS, bank account for such transactions;
ii. The User is responsible to ensure that the card/ BBPS/bank account details provided by him/ her are accurate;
iii. The User authorizes debit of the nominated card/ BBPS/bank account for the payment of fees selected by such User along with the applicable Fees.
iv. The User is responsible to ensure that sufficient credit is available on the nominated card/ BBPS/ bank account at the time of making the payment to permit the payment.
F. Transaction Charges
MAXVALUE does not charge any processing fee or service charge from the Users for online payment. However Users have to bear the necessary transaction charge plus service tax applicable for online payment of EMI/EWI/EDI. This charge will be taken by e-payment solution provider for giving this service. Charges are mentioned in MAXVALUE payment Portal where User proceeds for online payment.
G. Payment Gateway /Net Banking Disclaimer
The Service is provided in order to facilitate access to pay EMI/EWI/EDI online. MAXVALUE or the Payment Service Provider(s) do not make any representation of any kind, express or implied, as to the operation of the Payment Gateway other than what is specified in the Website for this purpose. By accepting/ agreeing to these Terms and Conditions, the User expressly agrees that his/ her use of the aforesaid online payment Service is entirely at own risk and responsibility of the User.
H. Refund and Cancellation Policy
1. Refund for Charge Back Transaction: In the event there is any claim for/ of charge back by the User for any reason whatsoever, such User shall immediately approach MAXVALUE with his/ her claim details and claim refund from MAXVALUE alone. Such refund (if any) shall be made only by MAXVALUE via payment gateway or by means of a demand draft or such other means as MAXVALUE deems appropriate. No claims for refund/ charge back shall be made by any User to the Payment Service Provider(s) and in the event such claim is made it shall not be entertained.
2. In these Terms and Conditions, the term “Charge Back” shall mean, approved and settled credit card or net banking purchase transaction(s) which are at any time refused, debited or charged back to merchant account (and shall also include similar debits to Payment Service Provider's accounts, if any) by the acquiring bank or credit card company for any reason whatsoever, together with the bank fees, penalties and other charges incidental thereto.
3. Refund for fraudulent/duplicate transaction(s): The User shall directly contact MAXVALUE for any fraudulent transaction(s) on account of misuse of Card/ Bank details by
a fraudulent individual/party and such issues shall be suitably addressed by MAXVALUE alone in line with their policies and rules.
4. Server Slow Down/Session Timeout: In case the Website or Payment Service Provider’s webpage, that is linked to the Website, is experiencing any server related issues like ‘slow down’ or ‘failure’ or ‘session timeout’, the User shall, before initiating the second payment, check whether his/her Bank Account has been debited or not and accordingly resort to one of the following options:
(i) In case the Bank Account appears to be debited, ensure that he/ she does not make the payment twice and immediately thereafter contact MAXVALUE via e-mail or any other mode of contact as provided by MAXVALUE to confirm payment.
(ii) In case the Bank Account is not debited, the User may initiate a fresh transaction to make payment
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