Introduction and Terms of Use
The terms and conditions contained hereinafter (“TERMS OF USE”) shall apply to the use of the website www.Larvasoft Tech.co.in and 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 any Larvasoft Tech group company (“Larvasoft Tech” or “WE” or “OUR” or “US”) (collectively, “WEBSITE”).
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, separately put up 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 Larvasoft Tech. These Terms of Use do not alter in any way the terms or conditions of any other written agreement you may have with Larvasoft Tech for other services.
THE USER UNDERSTANDS AND UNCONDITIONALLY ACKNOWLEDGES THAT EVEN THOUGH THE USER MAY BE ALLOWED TO EXECUTE TRANSACTIONS ON THE PLATFORM OF Larvasoft Tech, THE FUNDS SHALL NOT BE SETTLED TO THE ACCOUNT OF SUCH USER PENDING COMPLETION OF KYC OBLIGATIONS ON THE PART OF THE USER IN ACCORDANCE WITH THE RBI’S KYC GUIDELINES (DEFINED BELOW). FURTHER, UPON NON-COMPLETION OF KYC OBLIGATIONS ON THE PART OF THE USER, AS MENTIONED ABOVE, TO THE SATISFACTION OF Larvasoft Tech, WE RESERVE THE RIGHT TO NOT RELEASE THE SETTLEMENT AMOUNTS TO THE USER AND MAY EVENTUALLY REVERSE THE FUNDS TO THE ACCOUNT FROM WHERE SUCH PAYMENT ORIGINATED.
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:
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 (that is provided separately), form an integral part of these Terms of Use and should be read contemporaneously 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. Any such changes by Larvasoft Tech 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, Payment and Settlement Systems Act, 2007, 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, Disputes and Grievance Redressal Policy and Privacy Policy (collectively, “POLICIES”), Larvasoft Tech offers the Services set forth in Schedule I herein.
Schedule I also contains descriptions and process flows of all Services that are offered to Users. These descriptions and process flows are set out in Part A to Part G in Schedule I.
Larvasoft Tech is constantly evolving in order to provide the best possible experience and information to its Users. You acknowledge and agree that the form and nature of the Services which Larvasoft Tech provides may change from time to time without any prior notice to you.
As part of this continuing process, you acknowledge and agree that Larvasoft Tech may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to Users generally at Larvasoft Tech’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 Larvasoft Tech when you stop using the Services.
You acknowledge and agree that if Larvasoft Tech 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 Larvasoft Tech shall intimate you regarding the same.
Larvasoft Tech 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 (“SPDI”) 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 SPDI by contacting the Grievance Officer (as provided below). However, in such a case, we may not be able to provide you some or all of our Services.
You acknowledge and agree that while Larvasoft Tech may not currently 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 set by Larvasoft Tech at any time, solely at Larvasoft Tech’s discretion.
By using our Services you agree that Larvasoft Tech disclaims any liability or authenticity of any information that may have become outdated since the last time that particular piece of information was updated. Larvasoft Tech 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, photoshoot rejects or press media stock. Please contact the Grievance 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 Larvasoft Tech. No other party is authorised to reproduce or republish these digital versions in any format whatsoever without the prior written permission of Larvasoft Tech.
Larvasoft Tech acknowledges and represents that it is and shall remain Payment Card Industry Data Security Standard (“PCI DSS”) certified. Further, Larvasoft Tech shall maintain compliance with PCI DSS Standard or other comparable industry standards governing physical/ logical security cardholder data across Larvasoft Tech environment and ensure that the card holder’s data is secured in accordance with the standards.
In order to access certain Services, you may be required to open a User account with Larvasoft Tech 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 Larvasoft Tech 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.
Notwithstanding anything else contained in any other agreement involving you and Larvasoft Tech 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.
Any amendment or rectification of your Registration Data in the User account can be carried out by accessing the “User account” section on the Website. You may choose to delete any or all of your User content/ information or even the User account at any time. Processing such deletion may take some time, but the same shall be done by Larvasoft Tech. We may maintain backup of all User content for such time as may be required under applicable laws and for operational purposes of Larvasoft Tech. You are solely responsible for maintaining the confidentiality of your account and password and for any activity that occurs in or through your account. We will not be liable to any person for any loss or damage which may arise as a result of any failure on your part to protect your login ID or password or any other credential pertaining to your account. You should take all necessary steps to ensure that the password is kept confidential and secure. In case you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner, you should inform us immediately at [email protected]. In the event of any dispute between two or more parties as to ownership of any particular account with Larvasoft Tech, you agree that Larvasoft Tech shall be the sole arbitrator for such dispute and that Larvasoft Tech’s decision in this regard will be final and binding on you.
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 or share any information that:
You agree and understand that Larvasoft Tech reserves the right to remove and/or edit such detail/ information. If you come across any information as mentioned above on the Website, you are requested to immediately contact our Grievance Officer.
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 to use the data owned by Larvasoft Tech (as available on the Website or through any other means like API(s) etc.) only for personal purposes and not for any commercial use unless agreed to by Larvasoft Tech in writing.
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 Larvasoft Tech, unless you have been specifically allowed to do so in a separate agreement with Larvasoft Tech. 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 any robots.txt file present on the Services.
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 Larvasoft Tech, 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 Larvasoft Tech 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 Larvasoft Tech may suffer) of any such breach. You further agree to the use of your data by us in accordance with the Privacy Policy.
Larvasoft Tech 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.
If you have opted for use of Larvasoft Tech’s ‘subscriptions’ product by virtue of which your customers have set up a standing instruction (“RECURRING PAYMENT INSTRUCTION”) to charge his/ her chosen payment method (such as credit card, debit card or bank account) as per the billing cycle communicated by you to Larvasoft Tech, then you consent that the relevant amount will be charged to such payment method as per the billing cycle communicated to Larvasoft Tech. You agree that Larvasoft Tech shall continue to charge the relevant amount to the relevant customer’s chosen payment method as per such billing cycle until you or the customer terminates the Recurring Payment Instruction.
You further agree that if the customer revokes his/ her consent to the Recurring Payment Instruction then you shall inform us of the revocation in writing for us to cease processing the Recurring Payment Instruction forthwith upon the revocation but no later than 7 (seven) days prior to the next instance of charge to the customer. If such intimation of revocation of Recurring Payment Instruction is made less than 7 (seven) days prior to the next instance of charge to the customer or is not made at all, Larvasoft Tech shall not be liable for any charge applied to the customer for that month pursuant to the revocation or not be liable at all, as applicable. You agree to make good any losses suffered by us on account of demands or claims from customers arising as a consequence of your failure in notifying us about a customer’s revocation of the Recurring Payment Instruction.
ou represent and warrant that you have full legal capacity and authority to agree and bind yourself to these Terms, you are eighteen years of age or older are an Indian resident and have all requisite licences, registrations, rights, power, and authority in full force to enter into this Terms and Conditions. If you represent an entity, organisation, or any other legal person, you confirm and represent that you have the necessary power and authority to bind such entity, organisation, or legal person to these Terms.
To access Larvasoft Tech Services, you may be required to complete certain underwriting processes with us. As part of this process, you may need to provide us with Underwriting Documents, such as information or documents that may be necessary to confirm your eligibility for our Services.
By uploading the Underwriting Documents, you authorize Larvasoft Tech and any third-party service provider we engage with to process them and determine your eligibility for the Services. Any processing of your information will be in accordance with our Privacy Policy, and may be subject to additional terms of service if a third-party is involved.
Furthermore, during the Term, we at Larvasoft Tech may request Additional Information or supporting documents that may be required as a part of our internal checks and due-diligence for continued use of the Services. You agree to provide this information promptly upon request and authorize us to process it.
You warrant that the Underwriting Documents and Additional Information you provide are truthful, complete, and up-to-date. If we determine that the information you provide is unreliable, fraudulent, or deficient, we reserve the right to refuse to provide you with the Services, including Payment Aggregation Services on the Larvasoft Tech Platform. If we later discover any deficiencies in the information you provided, we may suspend your Larvasoft Tech Account. In such cases, the Payment Partner reserves the right to settle all pending Transaction Amounts with you, return pending Transaction Amounts to the Customers, or hold the pending Transaction Amounts for further investigation.
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 Larvasoft Tech (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 Larvasoft Tech or by the owners of that Content, in writing and in a separate agreement.
Larvasoft Tech 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.
Larvasoft Tech 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, favorites, votes) posted on the Website as it deems appropriate (whether in whole or in part) for its product(s), whether owned or affiliated. Larvasoft Tech 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 Larvasoft Tech 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 Larvasoft Tech 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 Larvasoft Tech may suffer) by doing so.
You acknowledge and agree that Larvasoft Tech (or Larvasoft Tech’s licensors) owns all legal and proprietary right, title and interest in 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 Larvasoft Tech and that you shall not disclose such information without Larvasoft Tech’s prior written consent.
Unless you have agreed otherwise in writing with Larvasoft Tech, nothing in the Terms of Use gives you a right to use any of Larvasoft Tech’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 Larvasoft Tech, 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.
User agrees and unconditionally undertakes to comply with all applicable commercial and public anti-bribery and anti-corruption laws (including but not limited to the provisions of Foreign Corrupt Practices Act, 1977, Prevention of Corruption Act, 1988, Prevention of Money Laundering Act, 2002, Foreign Contribution (Regulation) Act, 2010, and any amendments thereto) which prohibit the User, its/ his/ her officials, representatives, agents or any other person associated with or acting on behalf of such User from giving, offering, promising to offer, receiving/ accepting or acting in any other manner so as to induce a payment, gift, hospitality or anything of value (either directly or indirectly) whether from within the country or from abroad to government officials, publics servants, regulatory bodies, judicial authorities, persons in positions of authority, elected or contesting electoral candidates, political parties or office bearers thereof or any other third party or person in order to obtain an improper commercial/business advantage of any kind. Government Officials include any government employee, candidate for public office, an employee of government – owned or government — controlled companies, public international organizations and political parties. User also agrees not to give, offer, pay, promise or authorize to give or pay, directly or through any other person, anything of value to anybody for the purpose of inducing or rewarding any favorable action or influencing a decision in favor of the User. The User also unconditionally agrees and undertakes that it is compliant with and shall do/ undertake all acts necessary to continue to be compliant with the provisions of ‘The Know Your Customer (KYC) / Anti-Money Laundering (AML) / Combating Financing of Terrorism (CFT) guidelines issued by the Department of Regulation’, RBI, as amended from time to time.
Nothing in these Terms of Use, including this paragraph 8, shall exclude or limit your warranty or liability for losses unless they are excluded or limited by applicable law. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law. Larvasoft Tech disclaims any implied warranty for Services and any use thereof.
You expressly understand and agree that your use of the Services is at your sole risk and that the Services are provided on an “as is” and “as available” basis.
In particular, Larvasoft Tech, its subsidiaries and affiliates, and its licensors do not represent or warrant to you that:
Any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained by you from Larvasoft Tech or from the use of Services shall create any warranty not expressly stated in these Terms of Use.
Larvasoft Tech further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
The User/ seller hereby represents and warrants:
it’s appointed agencies or regulators to conduct audits, including for compliance with the Policies and provisions of applicable laws.
The User shall indemnify and hold Larvasoft Tech, its subsidiaries, affiliates, promoters, directors, employees, contractors, licensors and agents and any other related or third parties involved with Larvasoft Tech in any manner whatsoever, harmless from and against all losses arising from claims, demands, actions or other proceedings as a result of:
Subject to the overall provisions stated above, you expressly understand and agree that Larvasoft Tech, its subsidiaries, affiliates, promoters, directors, employees, agents and licensors shall not be liable to you for:
The limitations on Larvasoft Tech’s liability to you shall apply whether or not Larvasoft Tech has/ had been advised of or should have been aware of the possibility of any losses to you.
Larvasoft Tech shall not be in breach of its obligation hereunder if it is delayed in the performance of, or is unable to perform (whether partially or fully) its obligations (provide the Services) as a result of the occurrence of a Force Majeure Event (defined below).
Force Majeure Event means any event, whatever be the origin, not within the reasonable control of Larvasoft Tech, which Larvasoft Tech is unable to prevent, avoid or remove or circumvent by the use of reasonable diligence. Force Majeure event shall include, but shall not be limited to, acts of god, acts, orders, directions of governmental/ regulatory/ judicial/ quasi-judicial/ law enforcement authorities/ agencies which hinders Larvasoft Tech from performing its obligations under any agreement, including these Terms of Use, with you, war, hostilities, invasion, armed conflict, act of foreign enemy, embargoes, riot, insurrection, labour stoppages, outages and downtimes systems failures experienced by a facility provider, revolution or usurped power, acts of terrorism, sabotage, nuclear explosion, earthquake, pandemic, epidemic, hacking or man in the middle attack or similar attacks/ intrusions, fires, typhoons, storms and other natural catastrophes.
Any payment obligations of Larvasoft Tech, in case of a Force Majeure event, shall be limited by and be subject to the fulfillment of the payment obligations of the partners banks/ financial institutions, counterparties and any other parties involved in or intrinsically linked to the provision of the Services of Larvasoft Tech.
The User may receive or have access to certain confidential and proprietary information, including without limitation, information belonging and/or relating to Larvasoft Tech and its affiliates, marketing prospects, contractors, officers, directors or shareholders, personal data of customers of the User, financial and operational information, billing records, business model and reports, computer systems and modules, secure websites, reporting systems, marketing strategies, operational plans, proprietary systems and procedures, trade secrets and other similar proprietary information, including technical “know-how”, methods of operation, business methodologies, software, software and technology architecture, networks, any other information not generally available to the public, and any items in any form in writing or oral, clearly identified as confidential (“CONFIDENTIAL INFORMATION”).
The User shall keep Confidential Information in confidence. The User shall use commercial, reasonable and necessary safety measures and steps to maintain the confidentiality and secrecy of the Confidential Information from public disclosure, and the User shall at all times maintain appropriate measures to protect the security and integrity of the Confidential Information. The User shall not, without Larvasoft Tech’s prior written consent, divulge any of the Confidential Information to any third party other than the User’s officers, employees, agents or representatives who have a need to know for the purposes of these Terms of Use. The User shall take all reasonable steps to ensure that all of its directors, managers, officers, employees, agents, independent contractors or other representatives comply with this paragraph 12 whenever they are in possession of Confidential Information as part of this Agreement. The User shall use the Confidential Information solely in furtherance of and in connection with the Services contemplated under these Terms of Use. The User further agrees that the Confidential Information will not be used by him/ her and his/ her representatives, in any way detrimental to the interests of Larvasoft Tech.
The User hereby unconditionally and irrevocably agrees and undertakes to take all necessary measures to ensure that the User’s website or any other computer system that is being used to effect Transactions by the usage of Services, do not store/ save any customer card or any other such related data. You further undertake that you shall be responsible for ensuring complete and absolutely privacy, anonymity and security of all customer data flowing through your systems during the usage of the Services by you.
Exceptions: The aforesaid confidentiality obligations shall impose no obligation on the User with respect to any portion of Confidential Information which:
The User shall notify Larvasoft Tech immediately upon discovery of any unauthorized use or disclosure of Confidential Information or any other breach of this paragraph 12. The User will cooperate with Larvasoft Tech in every reasonable way to help Larvasoft Tech regain possession of such Confidential Information and prevent its further unauthorized use.
Remedies: Parties acknowledge that irreparable damage may occur on breach of the terms and provisions set out in this paragraph 12. Accordingly, if the User breaches or threatens to breach any of the provisions set out in this paragraph 12, then Larvasoft Tech shall be entitled, without prejudice, to seek all the rights and remedies available to it under applicable law, including a temporary restraining order and an injunction restraining any breach of the provisions set out in this paragraph 12. Such remedies shall not be deemed to be exclusive but shall be in addition to all other remedies available under applicable law or in equity.
Subject to paragraphs 14.2 and 14.3 below, if Larvasoft Tech 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 Larvasoft Tech 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 14.3 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.
Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.
The manner, mode and extent of advertising by Larvasoft Tech on the Services are subject to change without any specific notice to you.
In consideration for Larvasoft Tech granting you access to and use of the Services, you agree that Larvasoft Tech may place such advertising on the Services.
By accepting these Terms of Use, you authorise us to hold, receive, disburse and settle funds on your behalf. Your authorisation permits us to generate an electronic funds transfer between the payment system providers and the escrow account to process each payment transaction that you authorise.
Thereafter, you authorise us to transfer the payments received from your buyers to the bank account designated by you for this purpose at the time of registration (“ACQUIRING BANK”). Your authorisation will remain in full force and effect until your Larvasoft Tech account is closed or terminated.
By signing up on Larvasoft Tech, You grant permission to Larvasoft Tech and its employees, and agents to contact You via electronic communications including, but not limited to, e-mail, text message/SMS, telephone calls and other means of electronic messaging for purposes of facilitating services provided by Larvasoft Tech, and for any other matters including Larvasoft Tech’s marketing efforts. You may opt out of this consent at any time by providing Larvasoft Tech with written communication evidencing the withdrawal of such permission.
“CARD PAYMENT NETWORK RULES” refer to the written rules, regulations, releases, guidelines, processes, interpretations and other requirements (whether contractual or otherwise) imposed and adopted by the Card Payment Networks. These Card Payment Networks have infrastructure and processes to enable transaction authorisation. The Card Payment Networks require you to comply with all applicable guidelines, rules, and regulations formulated by them.
The Card Payment Networks reserve the right to amend their guidelines, rules and regulations. We may be required to amend modify or change these Terms of Use pursuant to amendments to the Card Payment Network Rules and such amendments, if any, shall be deemed to be binding on the Users with immediate effect.
You agree to fully comply with all programs, guidelines, requirements that may be published and/ or mandated by the Card Payment Networks. Notwithstanding our assistance in understanding the Card Payment Network Rules, you expressly acknowledge and agree that you are assuming the risk of compliance with all provisions of the Card Payment Network Rules, regardless of whether you are aware of or have access to those provisions. MasterCard, Visa and American Express make excerpts of their respective rules available on their internet sites.
In the event that your non-compliance of Card Payment Network Rules, results in any fines, penalties or other amounts being levied on or demanded of us by a Card Payment Network, then without prejudice to our other rights hereunder, you shall forthwith reimburse us in an amount equal to the fines, penalties or other amount so levied or demanded or spent by us in any manner in relation to such fines, penalties and levies. If you fail to comply with your obligations towards the Card Payment Networks, Larvasoft Tech may suspend settlement or suspend/ terminate the Services forthwith.
In consideration of the Services rendered by us, you shall pay Larvasoft Tech a fee (“FEE”). Larvasoft Tech reserves the right to revise the Fee periodically and will intimate you of any such change within reasonable time. Larvasoft Tech reserves the right to levy additional fees on transactions undertaken through corporate cards. This additional fee shall at least be 1% (one percent) of transaction amount, over and above applicable credit card fees. On receipt of the payments in the nodal account, we will endeavour to instruct the nodal bank to transmit the payments payable to the seller, after deducting our Fee, from the nodal account to the seller’s designated bank account, within 3 (three) bank working days (or such other period as may be prescribed by the Reserve Bank of India from time to time) from completion of transaction. Subject to any other provisions of these Terms of Use and completion of transaction, the seller acknowledges that we will settle the payments only upon actual receipt of payments in the nodal account and upon reconciliation of the payments by the Acquiring Banks, our payment gateway and the nodal bank. The seller will bear and be responsible and liable for the payment of all relevant taxes in relation to the payments made under these Terms of Use.
Sellers receive the amount (minus Larvasoft Tech’s Fee) in their bank account within T+3 bank working days where T is defined as the date of intimation of the completion of the transaction. Larvasoft Tech shall be entitled to charge on the Fee, taxes applicable from time to time (“APPLICABLE TAXES”). It is agreed that any statutory variations in Applicable Taxes during the subsistence of this Agreement shall be borne by the User.Monthly invoices shall be raised by us in respect of the Fees charged for transactions processed during such month. Any reasonable dispute in respect of an amount (or a portion thereof) mentioned in an invoice must be communicated by the User via notice (“INVOICE DISPUTE NOTICE”) within a reasonable period of time but no later than thirty (30) calendar days from the date of the invoice. Larvasoft Tech shall use good faith efforts to reconcile any reasonably disputed amounts within reasonable time from the receipt of the Invoice Dispute Notice.
In respect of invoices received by the Client, it is agreed that if the User pays over applicable taxes under the Indian Income Tax laws and furnishes to us the TRACES certificate in respect of such taxes paid, then we shall reimburse to the User, on a quarterly basis, the amount in respect of such taxes paid.
Once a payment is authenticated by payment service providers, money shall be moved to the escrow account and the first settlement shall be initiated only after all required documents (in hard copies) are received by Larvasoft Tech.
All risks associated with the delivery of the goods or service will solely be that of the seller and not of Larvasoft Tech. Also, all disputes regarding quality, merchantability, non-delivery, delay in delivery or otherwise will be directly between the seller and the buyer without making Larvasoft Tech and/ or the payment service providers, a party to such disputes.
Further, Larvasoft Tech also reserves the right to close, suspend, limit or put on hold the User’s access to the account with Larvasoft Tech and/ or the funds available therein, including settlements pertaining to the User under inter alia the following scenarios:
Such right to close, suspend, limit or put on hold the User’s access to the account with Larvasoft Tech shall continue till such time that such User submits genuine KYC documents or credentials to the satisfaction of the relevant authorities as per the extant rules, regulations or guidelines with regard to KYC, as well as to the satisfaction of Larvasoft Tech without prejudice to any other legal remedy that Larvasoft Tech is entitled to prefer as per applicable law.
You agree that you will not accept payments in connection with businesses, business activities or business practices, including but limited to the following:
The above list is subject to additions/ amendments (basis changes/ amendments to applicable laws) by Larvasoft Tech 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:
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, Larvasoft Tech 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 Larvasoft Tech to the buyer will be the value of the transaction only.
Notwithstanding anything to the contrary in these Terms, if the Acquirer or the Issuer charges the Chargeback Amount to Larvasoft Tech, then the Client/ You agrees and acknowledges that Larvasoft Tech is entitled to charge such Chargeback Amount to the Client/ You by way of deduction from the Transaction Amounts to be settled to the Client/ You.
In case of any technical issues, please raise a support ticket from your service dashboard. We endeavour to deliver Service to you within 15 (fifteen) working days of bank approval, failing which you can terminate a transaction related to Service at any time and get a full refund.
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 Bengaluru, India and the Users irrevocably submit themselves to the jurisdiction of such courts/ tribunals.
