Welcome to the Paytm Merchant Services website, a payments service designed and offered by Paytm Labs Inc. and its affiliates (“Paytm” “we”, “us” and “our”) for small and medium-sized businesses in Canada. These Merchant Services Terms of Use (“Terms of Use”) are intended to explain our obligations as a merchant service provider and your obligations as a user and Subscriber when you access or use our Site, all mobile applications and other applications which provide access to the Service offered by Paytm from time to time. IT IS IMPORTANT THAT YOU READ ALL THE TERMS AND CONDITIONS CAREFULLY. These Terms of Use supplement your Submerchant Agreement with Paytm and also govern your access to and use of the Paytm Merchant Services.
If you access or use this Website and Paytm Merchant Services, you are agreeing to be bound by these Terms of Use and Paytm’s privacy policy available by clicking “Privacy Policy” hyperlink at the bottom of our Site pages (“Privacy Policy”) without any modification or qualification. You agree that your acceptance of these Terms of Use, and ongoing use of the Services, shall constitute your acceptance of this agreement. These Terms of Use extend to any future updates or supplements to the Website or the Services. IF YOU ARE DISSATISFIED WITH THE TERMS, CONDITIONS, RULES, POLICIES, GUIDELINES OR PRACTICES OF OPERATING OUR SERVICE, UNLESS EXPRESSLY SET OUT IN THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. If for any reason you are unable to meet all the conditions set forth in these Terms of Use, or if you breach any of the Terms of Use contained herein, your permission to use the Website or access any of the Services immediately lapses and you must destroy any materials downloaded or printed from the Website.
Paytm reserves the right to modify or change these Terms of Use at any time and for any reason without giving prior notice. We shall, however, notify you of significant changes by posting an announcement on the Site. If you access or use the Website and/or Services after we have made a change to this agreement, that will mean you agreed to the most recently updated version of this agreement. Your access and use of the Website and the Services is subject to the most current Terms of Use posted on the Site at such time. If you do not agree with the changes, you may close your account in accordance with Section L (Termination of Service) below. The most current version can be reviewed at any time by clicking “Terms of Use” hyperlink at the bottom of our Site pages.
In addition to the capitalized terms defined throughout these Terms of Use, the following terms shall have the following meanings
In order to access the Site, register for a Paytm Payment Account and use the Services, you must be a Canadian resident (in any Canadian province or territory except Quebec), at least the age of majority in the Canadian province or territory in which you reside at the time you register to open an Account, and capable of entering into a legally binding contract. You agree to provide accurate, current and complete information about the business and users as prompted by our registration form (including your e-mail address and mobile number) and to notify us of any changes to such information. By accepting these Terms of Use, you represent and warrant that you that meet the eligibility criteria in order to access the Site, register for a Paytm Payment Account and use the Services. We reserve the right to terminate your Paytm Payment Account, your use of the Services or access to the Website (with or without notice to you), if any information provided by you is determined to be false, fictitious, inaccurate, not current or incomplete.
By accepting this Agreement, you agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, “Communications”) that we provide (or may be required to send to you by Applicable Law) and all other communications in connection with your Account and your use of the Service, including any Communications in relation to delinquent accounts (which may also be by phone, and may be made by Paytm or by anyone on its behalf, including a third-party collection agent).
We will provide these Communications by emailing them to you at the primary email address listed in your Account registration, by emailing you a link or instructions on how to access them on a website, or (if permitted by law) by posting them on the Website. Communications are considered received by you within 24 hours of the time they are emailed to you or posted to our Website. You further agree that any electronic disclosures, notices or other Communications that we may deliver or provide you from time to time have the same meaning and effect as provided to you in writing (in paper form) and that your electronic signature has the same effect as your manual, physical signature.
By giving your consent, you are confirming that you are able to receive, open, and print or download a copy of any Communications provided to you electronically for your records. It is important for you to retain copies of Communications because they may not be accessible in your Account at a later date.
You may withdraw your consent to receive Communications electronically by contacting us through Customer Support or as outlined in our Privacy Policy. If you withdraw your consent to receive Communications electronically, Paytm may deny your registration for an Account, restrict or close your Account, or charge you additional fees for paper copies.
You are responsible for ensuring your contact information is kept up to date, including without limitation your primary email address. You understand and agree that if Paytm Labs sends you an electronic Communication but you do not receive it because our record of your primary email address is incorrect, blocked by your service provider, or you are otherwise unable to receive electronic Communications, Paytm Labs will be deemed to have provided the Communication to you. Please note that if you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add Paytm Labs to your email address book so that you will be able to receive the Communications we send to you. You can update your contact information at any time by logging into your Account and editing your profile. If your primary email address becomes invalid such that electronic Communications sent to you by Paytm Labs are returned, Paytm Labs may close your Account, and You will not be able to transact any activity using your Account until we receive a valid, functional primary email address from you.
You may provide access to certain functions of the Service to authorized users (“authorized user”). An authorized user is someone designated by your company profile settings available on the Website. Such authorized users may have access to your Account information and perform various tasks as instructed by you which include but are not limited to creating invoices, categorizing transactions, and any other lawful tasks that you may prescribe and which you will be deemed to have authorized. If you administer your Paytm Payment Account on behalf of a business or corporation, you represent and warrant that you have the right to provide access to your authorized users.
Paytm may, without notice or liability, add, discontinue or revise any aspect, mode or design of the Services which include but not limited to the scope of service, time of service, or to the software/hardware required for access to the Services. Paytm may also limit the geographic locations or jurisdictions where certain Services may be available.
Without prejudice to the foregoing, should there be a failure of or error, omission, defect, deficiency, delay-causing downtime, or inability of a Subscriber to access the Services for any length of time, including as a result of the permanent termination of service, the Subscriber acknowledges and agrees that, except as otherwise set out herein, its only remedy for any error, omission, defect, deficiency, delay or other failures of the Site or the Services whatsoever is to discontinue using the Site and the Services.
You assume sole responsibility for and shall ensure that any information, data, documents or materials used, disclosed, entered into or created using the Website or in connection with the Services is accurate, reliable and complete and does not violate our content guidelines here. You authorize us and our service providers and their vendors and subcontractors to monitor your website and your use of the Services. You represent and warrant that you have obtained all required consents and comply with all Applicable Laws, including without limitation privacy legislation, in connection with any use and disclosure of information relating to the use of the Website and the Services. Paytm accepts no responsibility for the accuracy of any information, data, documents or materials entered into or created using the Website or the Services except as otherwise set out herein. The input, posting or uploading of any information and the storage of any information, data, documents or materials on the Service by us does not constitute our endorsement nor warranty as to the compliance of such information or materials with Applicable Laws, nor to the accuracy, timeliness, materiality, completeness, or reliability of such information or materials.
You agree to use the Website and the Services for the purposes that they were intended and only in accordance with the terms of this agreement.
If you register an Account, you agree, represent and warrant that you will provide us with true, current, complete and accurate information requested in the registration form and from time to time in connection with your use of the Services. Your registration for any Services constitutes consent to use any personal information which you provide us in such registration for the purposes set out in our Privacy Policy and for all uses ancillary thereto for which your consent may reasonably be implied. You also will select a username and password. You are responsible for keeping your user name, password, Account details, and all access credentials and information required in connection with your use of the Site or Services confidential and up to date. You understand and agree that you are liable for unauthorized use of your Paytm Payment Account.
If you are not the business owner and are registering an Account on behalf of a business, you represent and warrant that you have been authorized and directed by your business's principals to open the Account and that you have shared all user names, passwords and access credentials with other authorized representatives in your business and that you have provided us with the business contact information of at least one other person. If you leave the business and your business’s principal contacts us, we may be required to provide access to the Paytm Payment Account. You agree to hold harmless and release the Paytm Parties from any liability if we do so.
Furthermore, you are entirely responsible for any activities that occur under your Account. You agree to notify us immediately of any unauthorized access to or use of your Account. You agree to hold harmless and release the Paytm Parties from any loss or liability whatsoever that you may incur as a result of someone other than you using your username, password or account, either with or without your knowledge. You agree to indemnify the Paytm Parties for any damages, third-party claims or liabilities whatsoever that we may incur as a result of activities that occur on or through your account, whether or not you were directly or personally responsible.
We are responsible for the security of Cardholder Data that is collected, transmitted, stored, or processed by Us on Your behalf. “Cardholder Data” is defined as being the cardholder’s primary account number, and where a full unmasked card number is present, any of the cardholder name, expiration date, and/or service code. Paytm has developed strict security features to protect Cardholder Data, and as such it is required that this data only be used in anticipated ways and stored in appropriate places.
YOU ACKNOWLEDGE AND AGREE THAT YOU ARE PROHIBITED FROM ENTERING CARDHOLDER DATA INTO ANY FORM OR DATA ENTRY FIELDS ON THE SITE, EXCEPT INTO THOSE FIELDS INTENDED SOLELY FOR THAT PURPOSE (i.e. where Paytm explicitly requests such data be entered into such fields).
Appropriate fields are clearly marked with labels such as ‘Card number’ or by having a credit card icon precede them. For clarity, it is not permissible to store cardholder data in fields with labels such as ‘memo’ or ‘note’. Similarly, excluding payment forms, you must never enter CVV2 data into any fields in Paytm. You assume all responsibility for any Cardholder Data entered into the Site in violation of this Agreement.
Paytm and its licensors and suppliers own both the proprietary rights as well as the intellectual property rights to all URLs, materials, products, web content, web page designs, web page layouts, images, text, tools, utilities and software that make up the Services, but excluding your data and information which you provide to us or input using the Site and the Services. The technical procedures, processes, concepts and methods of operation that are inherent within the Site constitute trade secrets. The usage of our Services does not constitute a sale or transfer of any intellectual property rights to the users.
Paytm grants you a non-exclusive, non-transferable revocable limited license to access and use the Website and Services and related resources in accordance with these Terms of Use. You agree not to infringe our intellectual property and the intellectual property of any third parties with whom we have partnerships, and you will comply with the terms of any applicable license agreements. Any use of the Website or Services not specifically permitted under these Terms of Use is strictly prohibited.
Any information or data entered using the Site by a user or otherwise provided for accessing the Site on the user’s behalf shall at all material times remain the property of the user. The user represents and warrants to Paytm that user is the owner or licensee of the intellectual property rights in all such information and data and hereby grants to Paytm a worldwide, perpetual, royalty-free, nonexclusive right and license to use all content provided by the user in connection with the Site and the Services for uses related to the delivery of the Services.
Materials on and relating to the Site, including the Site content and any software downloaded from the Site, are protected by copyright, trademark and other intellectual property laws. Subject to your ownership of your user content and data, and except for the limited license granted herein, Paytm reserves all rights in and to such materials. The Subscriber will not make store, download, transfer, sell, reproduce, redistribute, transfer to any other server, modify, reverse engineer or copy the Services or any of the materials or software or any part of the Site or any content therefrom without Paytm’s express written consent. You will also take all reasonable steps to forestall any unauthorized use, copying or transfer of materials on or relating to the Site.
In the event that a user is required to download or use software in connection with the Services, he or she shall be unable to download and access such software unless he or she first agrees to the license agreement relating to such software. Use of any such software is governed by these Terms of Use and any such license agreement. In the event of any conflict between these Terms of Use and such license agreement, the license agreement shall prevail only in respect of the use of the software licensed pursuant to the license agreement.
Notwithstanding the above, you may, subject to the following conditions, use individual screen displays (screenshots) which you generate as a Subscriber using the Services. Your use of screenshots is subject to the following:
Paytm has rights to several trademarks which it uses in connection with the operation of the Site. Paytm does not grant the users any right or license to use the Paytm trademarks or any logo, tradename or other intellectual property other than as expressly set out herein and in other licenses between you and us.
You own all of your business’s private data, content and all information which you enter and use in connection with the Services. We do not claim any rights, proprietary or otherwise over any data or information which you may use or disclose in connection with the Service or Website. Notwithstanding the above, there may be circumstances in which we may be required to disclose data, such as the following:
If we are required to disclose your data or information, unless prohibited by Applicable Law, we will use our best efforts to provide you with reasonable notice in the circumstances and if appropriate the right to challenge any such request. Paytm’s Privacy Policy sets out in greater detail how we strive to protect your privacy and limit disclosure of your personal information.
While using the Services, we may also collect information from you about someone else. If you provide us with personal information about someone else, you are obligated to ensure that you are authorized to disclose that information to us, and that we, without further action, may collect, use, and disclose that information for the purposes described in our Privacy Policy.
Paytm may require you to assist with any requests by the individual to access or update their information, and you agree to do so.
You acknowledge that we may retain a copy of transactional information gathered through the use of the Site and other information uploaded on the Account. We may, in certain circumstances, export user information outside the Province of Ontario and outside of Canada. We shall not share personal information with anyone except in the manner provided in our Privacy Policy.
The users shall access the information stored using the Services for lawful purposes only and may not use such information for the purpose of committing or furthering fraudulent or illegal acts or for committing any acts that would give rise to both or either civil and criminal liability.
No user shall use any means to restrict or prevent another user from accessing or enjoying the Website.
No user shall be permitted to upload material to the Site that he or she ought to know infringes on the intellectual property of others, or upload material that places unnecessary load as to affect the performance of our Websites, systems and equipment. You may not use the Site or the Services in a manner which could block access to, impair, damage, compromise, overburden or otherwise disable the Website or any of our servers or security. You may not attempt to gain unauthorized access to the Website or to any other user’s accounts, computer systems or networks through password mining, keystroke logging, hacking or any other means, or otherwise interfere with other users’ use of the Services. You will not upload any files that contain viruses, Trojan horses, malware, spyware, worms, corrupted files or any other material or software that may damage the operation of another computer. Any and all materials uploaded are subject to Applicable Laws.
No user shall lease, sell, pledge, sublicense, assign or otherwise deal with the software belonging to Paytm in a manner that is inconsistent with our intellectual property rights over the software.
No user shall promote any commercial interest, falsify or delete any information on the Site, collect personal information without express authority to do so, violate any Applicable Laws, create a false identity or utilize the Website under false pretences.
If Paytm, in its sole discretion, believes that you have engaged in any prohibited activities or otherwise do not comply with this agreement, we may close, suspend or limit your access to your Account, the Website or our Services. We may refuse to provide our Services to you in the future or we may take legal action against you.
Notwithstanding any other provision of these Terms of Use or any document or agreement between you and Paytm, neither Paytm nor its service providers will have any liability to you (in tort, contract or otherwise, even if we have been advised of the possibility of such claim or damage or such claim was reasonably foreseeable) for any loss, claim, cost, demands, causes of action, proceedings, or expenses whatsoever (collectively, “Damages”) that you assert or sustain as a result of, related to or in connection with, your access to or use of the Website, the Services and any related applications and third-party services, except for Damages directly attributable to Paytm’s gross negligence or willful misconduct arising directly from the performance by Paytm of its obligations under these Terms of Use. For greater certainty, this limitation of liability extends to any Damages that you may suffer as a result of Paytm or a service provider acting or refusing to act on any payment instruction or communication you provide, and to any authorized or unauthorized use of your Paytm Payment Account. To the extent permitted by Applicable Law, in no event shall Paytm Parties (and our third party service providers) be liable to you or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to this agreement or your use of, or inability to use, the Site or Services, even if we have been advised of the possibility of such Damages.
Except as otherwise provided for in these Terms of Use, Paytm, its licensees, and third-party service providers make no warranty or condition, express or implied, including, but not limited to, any warranty as to title, non-infringement of intellectual property, merchantability or fitness for a particular purpose, or that the Site, the Services or any Third-Party Sites or Additional Services, and any related content, materials, software and functionality will: (i) be fit or suitable for any specific purpose or intended use; (ii) meet the user’s requirements and expectations; (iii) be uninterrupted, flawless, timely, accurate, reliable, secure or error-free; or (iv) be free of viruses, malicious software or harmful elements.
You expressly acknowledge and agree that the Site and the Services are provided on an “as is” basis and you agree to use the Site and Services and any content, materials and software related to the Site and Services at your own risk, to determine the suitability of the Site and Services for your intended use, and to verify all results obtained using the Website and the Services.
Paytm offers a number of additional services, including certain online services related to the use of the Site (such as, for example, access to online banking, online payments, digitization and other online services) that are provided by financial institutions and other third-party service providers each with their own terms and conditions which apply to those services in addition to these Terms of Use (“Additional Services”). In addition, the Website may display, include or make available through links content, data, information, applications or materials that are provided and maintained by third parties (“Third Party Sites”).
The Additional Services and Third-Party Sites are not provided by or under the control of Paytm. When you access and use Additional Services and Third-Party Sites, you will be subject to and governed by the specific additional service terms and conditions and your access to and conditions of use of such Additional Services and Third-Party Sites may be limited in accordance with the terms of use that apply to such Additional Services and Third-Party Sites which may, in each case, change from time to time. You represent and warrant that you have the right to provide us with usernames, passwords, personal information and other access credentials which we may require to access any third-party services or accounts in connection with the Services.
Some of the functionality of the Services and Website interoperate with and are highly dependent upon, application programming interfaces (APIs) from third parties, such as Google and Amazon. If at any point such third-party services cease to make themselves or their APIs available to us on reasonable terms, we may cease to provide those third-party services without entitling you to a refund, credit or other compensation. Your only recourse shall be to stop accessing and using the Site and the Services. In addition, if you authorize us to do so, we may grant third-parties access to some or all (depending on the permission you give) of your private data, content and information through our own API for use in connection with their services.
You acknowledge that all Additional Services, Third Party Sites and APIs are completely independent of Paytm and that we have no control over them. The availability of such third-party services in connection with the use of our Services does not constitute an endorsement, warranty, or representation as to the fitness, suitability, merchantability, title, non-infringement, quality, or accuracy of the third-party provider or its products or services. Nothing in these Terms of Use grants you any licenses to third party trademarks or content, which shall remain the exclusive property of the respective owners. In addition, we may at any time in our discretion and without notice to you, discontinue providing our API to such third-party services. You acknowledge that any use of the products and services offered by such third-party services providers (e.g. for the purposes of payment processing, direct deposit services) will be at your sole risk. We accept no liability whatsoever whether arising out of contract, tort or otherwise for any Damages caused or alleged to be caused by, or in connection with, the use of or reliance on such Additional Services, Third-Party Sites or API’s provided by third party service providers and you agree to hold harmless and release the Paytm Parties from any liability relating thereto whether or not such use is ancillary to your use of our Website or Services.
If these Terms of Use are inconsistent with the specific additional service terms and conditions that apply to the Additional Services or Third-Party Sites or services, those specific additional service terms and condition will control.
If you elect to have Paytm access information from third party accounts by providing the access information to such third-party account, one of our service providers (the “Bank Data Providers”), will access such third-party accounts for the purposes of performing the Services. This can include aggregation of bank transaction data as well as account verification. By providing the requisite access information to Paytm, you grant us and our Bank Data Providers permission and authority to access the relevant third party accounts, on your behalf or on behalf from the principal account holder, and retrieve the relevant information to make it available as part of the Services and agree to be bound by our Bank Data Providers terms of use in addition to these Terms of Use. You are not permitted to provide Paytm with any access information for any third-party accounts for which you are not the principal account holder unless you have the authority to act on behalf of the principal account holder.
Paytm is not obligated to review the information for any purpose, including but not limited to accuracy. It is entirely your responsibility to ensure the accuracy, completeness and timeliness of any information provided to us or any third-party service providers in connection with any of the Services.
Paytm may terminate this agreement and your use of the Website at any time and for any reason with reasonable notice to you and without notice if you breach any of these terms or we suspect you of fraud or suspect that your Paytm Payment Account has been compromised in any way. Subscribers may use the Website on an at-will basis until the agreement has been terminated by either party pursuant to the terms of this agreement or any related license agreement. You may also terminate this agreement by following the “Close your Paytm Account” instructions found on your Account page. You may only request to close your Account if all amounts owing to us have been paid in full. You may not close your Account to evade investigation of any nature. We may close or suspend your Account, use of our Services or Website for any reason, within our reasonable discretion including, but not limited to, where we have reasonable cause to do so because:
In the case of a company, upon an order or a resolution being passed for the purposes of winding up the business activities other than for the purposes of amalgamation, merger or reconstruction or upon a composition agreement being made with the creditors.
Upon such termination, you must immediately cease using our Services and Website indefinitely. We may at our option immediately block your access to your Account, the Website and Services.
Legal Status of Paytm Inc. The websites www.paytmlabs.com, www.paytm.ca, business.paytm.com, business.paytm.ca and the names Paytm, Paytm Canada, Paytm Labs, Paytm Business, Business with Paytm, Paytm for Business, are and shall remain the property of Paytm Labs Inc. a company incorporated under the Canada Business Corporations Act.
Business Use Only. You acknowledge and agree that you will only use the Website and the Services outlined in these Terms of Use as well as Business with Paytm for business purposes and not for personal, family or household purposes.
Force Majeure. Neither party should be held liable for a delay or failure in performance of these Terms of Use for Services caused by reason of any occurrence of unforeseen event beyond its reasonable control, including but not limited to, acts of God, natural disasters, power failures, server failures, third-party service provider failures or service interruptions, embargo, labour disputes, lockouts and strikes, riots, war, floods, insurrections, legislative changes, and governmental actions. The party so affected by the unforeseen event shall be so excused on a day-to-day basis for the period of time equal to that of the underlying cause of delay.
Severance. All provisions of these Terms of Use are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. If any of these Terms of Use should be determined to be unenforceable the remaining Terms of Use shall survive and remain in full force and effect and continue to be binding and enforceable.
Governing Law and Dispute Resolution. Except as otherwise set out herein, these Terms of Use shall in all respects be governed by and interpreted, construed and enforced in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein as applied to agreements entered into and to be performed entirely within Ontario, without regard to its choice of law or conflicts of law principles that would require application of law of a different jurisdiction. The parties hereto irrevocably submit and attorn to the exclusive jurisdiction and venue of the courts of the Province of Ontario, Canada.
You waive all rights to a trial by jury in connection with any legal proceeding or dispute against us. You further agree that any dispute or proceeding which you may bring against us shall be conducted on an individual basis and not a class-wide basis and that any such proceeding or dispute shall not be consolidated with any other dispute or proceeding which might arise between us and any other user.
Interpretation. The division of these Terms of Use into sections and the inclusion of section headings contained in this document are for reference purposes only and shall not affect the construction or interpretation of this agreement. The singular includes the plural, and the plural includes the singular. All references to “herein,” “hereunder,” “hereinabove,” or like words shall refer to these Terms of Use as a whole and not to any particular section, subsection, or clause contained in these Terms of Use. The terms “include” and “including” are not limiting. Reference to any agreement or other contract includes any permitted modifications, supplements, amendments, and replacements.
No Waiver, Remedies. No delay or omission to exercise any right or remedy accruing upon any breach or default hereunder (or to insist upon the strict performance in any respect or on any occasion) shall impair any such right or remedy nor be construed as a waiver of any such breach or default or of any similar breach or default thereafter occurring, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right or remedy. No waiver (or consecutive waivers) of any single breach or default shall operate or be construed as a waiver of any subsequent breach or default.
The remedies provided in these Terms of Use are cumulative and not exclusive of any remedies provided to Paytm under Applicable Law.
Headings. The headings used in this Agreement are inserted for convenience only and will not affect the interpretation of any provision