Professional Documents
Culture Documents
BY ACCESSING THE SITE, REGISTERING FOR OR USING THE AMAZON PAY SERVICE
DESCRIBED BELOW, YOU (ON BEHALF OF YOURSELF OR THE BUSINESS YOU REPRESENT)
AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT (INCLUDING
ALL POLICIES), EACH AS MAY BE MODIFIED FROM TIME TO TIME. IF YOU DO NOT AGREE
TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE OR ACCESS THE SERVICE.
This User Agreement (the "Agreement") is between the applicant (if registering as an
individual) or the business employing the applicant (if registering as a business) ("you" and
"your") and Amazon Pay (India) Private Limited ("Amazon", "we", "us", "our"). The
Agreement applies to your use of our payment processing services and related services
currently branded as "Amazon Pay" ("Amazon Pay Service" or the "Service"). Our Service
enables users with Personal Accounts (described in Section 2.1.1 below) to login on the
websites of users with Seller Accounts (as defined in Section 2.1.2 below) using their
Credentials (as defined in Section 1.4 below) and make payments to users with Seller
Accounts using internet or mobile-based services and applications (an "Application") and
enables users with Seller Accounts to provide login facility to their website to the users with
Personal Accounts and to receive payments from such users with Personal Accounts. This
Agreement applies to your use of the Service whether you make or receive payments or
access the Service using an Application operated by a third party or one owned or controlled
by us or any entity, domiciled in India, in which Amazon or its group companies have directly
or indirectly, certain economic interest (an "Affiliate"), including our primary site at
https://amazonpay.in/ , which will be available at launch, (the "Site") and the Seller Central
site ("Seller Central"), or using any service, website or application operated by a third party.
This Agreement explains our and your respective legal rights and obligations
concerning all aspects of our relationship, including without limitation account
restrictions, your consent to receive electronic notices and dispute resolution. This
Agreement incorporates and you hereby accept and agree to the applicable policies,
notices, procedures, notices, specifications, FAQs, guides and guidelines that are
provided or made available to you, appear on the Sites or are referenced in this
Agreement and which we may modify from time to time (collectively,
the "Policies"). In the event of any conflicts between the Policies and the terms in
this introduction and Section 1 to 33 below, the Policies will prevail.
1.2 Creating Accounts. Your Account is linked to your Amazon Account. To create a
new Account, you must either (a) register using your existing Amazon Account, or (b)
complete the registration process for new users by entering all of the required
information. If you register using your Amazon Account, the information in your
Amazon Account will be used to complete the registration information for your
Account. You may be required to provide additional information based on your
account type or the service that you want to use with your Account. If you do not
have an existing Amazon Account at the time you register with the Service, a new
Amazon Account will be automatically and concurrently established in your name
with the same e-mail address/phone number and password you provide to us. For
purposes of this Agreement, an "Amazon Account" is either (a) any customer
account that you have established for purchasing products and/ or services, or (b) a
seller account that you have established for selling your products and/ or services
through a website owned or controlled by Amazon.com, Inc., or any Affiliate, or
operated by Amazon.com, Inc., or its Affiliates (the "Amazon Network Sites"),
including without limitation those websites currently located at www.amazon.com,
www.amazon.in, www.amazon.co.uk, www.amazon.de, www.amazon.fr,
www.amazon.ca, www.amazon.co.jp, www.amazon.it, www.amazon.es and any
successor or replacement websites.
1.4 Your Email Address/Phone Number. Your email address/phone number and a
password that you select will be used to access our Site and for communications with you
(as further described in Section 9). You also may be prompted to answer several security
questions or select other issued security access keys or credentials that may be used to
enable access to the Service and authorize transactions. Your password and access keys are
your "Credentials". You are responsible for maintaining the secrecy and security of your
Credentials and for restricting access to your computer, and you agree to accept
responsibility for all activities that occur under your Account or password. You should take
all necessary steps to ensure that the password is kept confidential and secure. You should
not disclose your Credentials to any third party (other than third parties authorized by you
to use your Account). If any of your Credentials is compromised, you must notify us
immediately by using our Contact Us form so that we can suspend use of your Account with
our Service in order to avoid unauthorized transactions. You must also notify us through
Contact Us if you wish to request us to unblock your Account. You will not be financially
responsible for any use of your Account by an unauthorized person due to the loss or
compromise of your Credentials occurring after you properly notify us (as described in
Section 2.3.1) of the loss or compromise, unless you act fraudulently.
1.5 Our Role. Amazon Pay (India) Private Limited has its registered office at
No.26/1, Brigade World Trade Centre, 8th Floor, Dr. Raj Kumar Road, Bangalore-
560055, Karnataka. Except for our limited role in processing payments that you
authorize or initiate, we are not involved in any underlying sales transaction
between the buyer and the seller. The availability of payment methods to buyer may
vary depending on the website you make purchases on. In this limited capacity, we
are neither the buyer nor the seller of the products or services the seller offers for
sale and are not a party to the sales contract. Subject to Section 5, we will not
mediate disputes between buyers and the seller or enforce or execute the
performance of any sales contract. The seller is the seller of record for all sales via
the Service. A buyer’s obligation to pay for a product purchased via the Service is
satisfied when the buyer properly pays us in full for that product via the Service. We
are not a fiduciary or trustee of either the buyer or the seller. We do not guarantee
payment by or on behalf of any buyer. We do not accept deposits or issue credit. We
may use the services of one or more third parties, Affiliates, processors, and/or
financial institutions to provide the Service and process transactions (each
a "Processor").
2. Your Account
2.1 Types of Accounts
2.1.1 Personal Account. Your Personal Accounts permits you to access the
information in your Amazon Account and to login on websites of users with Seller
Accounts and make purchases on such websites where Amazon Pay Service is
accepted. You may use certain features of the Service by completing your
registration on the Site. Some features may be limited based on where you are
located and what we know about you. You agree to provide any information that we
may require or that may be required by law or our financial institutions to provide
the Service.
2.1.2 Seller Account. Seller Accounts may be accessed through Seller Central. Seller
Account is only for sale of products and/or services, as applicable, in connection with
the Services. To have a Seller Account, you must be undertaking such sale in the
course of your own business, trade or profession and not for domestic or household
purposes or as a consumer.
2.3.1 General. Subject to the limitations in this Agreement, in the event that you
timely notify us that an unauthorized or erroneous transaction has been made from
your Account using Amazon Balance, we will immediately investigate your Account
usage and issue a refund of the Amazon Balance if we find that your Account has
been compromised and, where applicable, take any other action necessary to restore
your Account to the state it would have been in had the unauthorized transaction
not taken place. We are not responsible for any unauthorized transaction done from
your Account through cards/Bank Accounts and request you to directly contact your
Card issuer/Bank for any assistance. To be eligible for a refund, you must notify us
without undue delay on becoming aware of any unauthorized or incorrectly
executed transactions from your Account and, in no event later than 30 (thirty) days
(in respect of a transaction relating to physical products) or 7 (seven) days (in respect
of a transaction relating to digital products) after the transaction date, unless we
failed to make available in accordance with Section 2.2 the information related to
that transaction.
2.3.2 Your Responsibility. You are responsible for all losses relating to an
unauthorized transaction from your Account if you have acted fraudulently or failed,
either intentionally or through gross negligence, to use your Account in accordance
with the terms of this Agreement, to protect your Credentials, or to notify us of the
unauthorized transaction as required in Section 2.3.1.
3.2 Account Limits. Your use of the Service may be subject to account limits,
including sending, receiving, and withdrawing limits. These limits are determined
based on performance and risk factors, including without limitation our assessment
of the risk associated with your Account, a seller’s or buyer’s location, the
registration information you provide and our ability to verify it, and the
requirements of applicable law. Notwithstanding any account limits, we may delay
or reject a transaction from any buyer or otherwise suspend an Account if we suspect
the transaction or an Account is being used without authorization, fraudulently,
suspiciously or is otherwise unusual based on prior transaction activity and
application of our internal fraud controls.
3.3 Acceptable Use. You will at all times adhere to all applicable laws, rules, and regulations
applicable to your use of the Service, including without limitation our Acceptable Use Policy
posted on the Site. Without limiting the foregoing, you may not act as a payment service
provider, intermediary, aggregator or otherwise resell the Service on behalf of any third
party, including without limitation the processing and transmission of funds for any third
party. We may inspect your Account for any reason, including without limitation to
investigate any alleged violation of this Agreement or any third-party complaints.
4.2 Payment Methods. Generally, you may make payments using three types of
payment methods: payments by a credit, debit, and other payment cards that we
accept ("Card" or "Cards") or by electronically transferring money from a valid bank
for the use with the Service ("Bank Accounts") or by using Amazon Balance (as
defined in Section 4.5 below). Such list of payment methods may be modified by us
from time to time. Not all payment methods may be available to you and their
availability to make payments for transactions may vary. We may restrict the
available payment method to manage risk or based on the type of transaction.
Sellers also may select not to accept certain payment types. You may be required to
verify that you control the Cards or Bank Accounts that you register prior to using
them for transactions or to obtain additional payment privileges.
4.3 Cards. If you use your Card to make payments for transactions that do not
involve the sale of products or services, you may be charged a cash advance or other
fee directly by your Card issuer. We are not responsible for these fees.
4.4 Bank Accounts. Funds transfers from your Bank Account usually take one to two
business days to complete. You may be charged a return fee for any direct debit
transfer request that is rejected by the holding financial institution for any reason
(a "Return Fee"), including without limitation rejections caused by insufficient funds
in your Bank Account, closure of your Bank Account, or if the Bank Account number
or other information you provided is incorrect. Applicable Return Fees may vary
based on the jurisdiction in which you are located. Your location is determined by
the address that is associated with your Personal Account. You authorize us to debit
your Card or to make an electronic fund transfer from your Bank Account to collect
such Return Fee. We do not accept cash, money orders, or wire transfers.
4.6 Collection of Payments. We will collect payments that you make in the
regulated account that we operate with a bank in accordance with the applicable
law ("Designated Account") before the settlement of the payments to the seller. We
will use the Designated Account for the collection, pooling and settlement of the
funds to the beneficiary sellers. Reversal of payments processed by us will be in
accordance with the return and refund policy of the Seller and will be facilitated by
us through the Designated Account. All reversals of payments will be credited to the
payment instrument that was originally used by you for making the payment, unless
you specifically communicate otherwise to us.
4.7 Refunds. Any transaction that has failed or was unable to be fully complete due
to a reason not attributable to you, including unauthorized, erroneous or incorrect
transaction contemplated under Section 2.3.1 of this Agreement or transaction
executed defectively as contemplated under Section 3.5 of this Agreement, or a
transaction that failed due to failure in communication links, will be reversed in
accordance with the timelines and terms prescribed by the RBI from time to time,
including through circular dated September 20, 2019 bearing reference number
DPSS.CO.PD No.629/02.01.014/2019-20.
5.2 Seller Responsibilities. If you are a seller, you agree to cooperate with us to
resolve complaints submitted through our Amazon Pay A-z Guarantee Policy. The
Policy provides a complaint process to buyers in the event that you fail to deliver
any products or services as promised. You will respond to our inquiries and deliver
to us any information reasonably requested by us regarding any disputed sales
transactions within 3 (three) business days of our request (if the inquiry relates to
sale of digital products/services) or 7 (seven) business days of our request (if the
inquiry relates to sale of physical goods). If a buyer files a complaint, we may place
the disputed amount on hold and you will not be able to redeem the amount until
the complaint is resolved.
6. Implementation
6.1 Technical Specifications. You will comply with any technical and operational
specifications provided or made available by us with respect to the Service
(the "Specifications"). We reserve the right to update or modify the Specifications
at any time. Prior to making your website or service generally available for
commercial use with our Service, you will test your site or service to ensure that it
operates properly with the Specifications. You will correct any material errors,
defects or other non-compliance of which you become aware, including from review
and test results provided by us.
7.2 Termination by You. Unless otherwise agreed in writing by you, you may
terminate this Agreement at any time by contacting customer service and closing
your Account. Upon closure of your Account, any pending transactions will be
cancelled. If an investigation is pending at the time you close your Account, we may
hold money as permissible in terms of applicable law. If you are later determined to
be entitled to some or all of the money in dispute, we will remit the corresponding
funds to your bank account registered with us.
8. PRIVACY
8.1 Please review our Amazon Pay Privacy Notice (Annexure 5), which also governs
your visit to this Site to understand our practices. The personal information / data
provided to us by you during the course of usage of the Site will be treated as strictly
confidential and in accordance with the Privacy Notice and applicable laws and
regulations. If you object to your information being transferred or used, please do
not use the Site.
8.2 We may use information or data (including personal information) available with
us for compliance with applicable laws, including reporting of cyber security
incidents and breaches, furnishing of reports to regulatory authorities, etc.
9. CARDS DATA
9.1 At the outset, we confirm that we do not store your card credentials / complete
card data and do not permit our merchants to store your card data, except as
required and in compliance with applicable guidelines, and subject to the safeguard
standards prescribed under applicable laws.
9.2 Card Tokenisation. We may offer you an option to tokenize your cards data,
based on our arrangement with third-parties token service providers (like card
networks) or persons authorised by them. The tokenisation facility will enable you
to secure your card details, and have them available for use for future transactions
in a safe and secure manner. By making a payment using your card to a merchant or
on a site/platform, and providing your consent, you expressly authorise us to
request the token service provider to generate the token for your card and utilize
the same to process your card transaction, if the tokenisation facility is made
available for your card by the relevant card network/ issuer bank. We will thereafter
be able to offer you the saved card experience using such details. You understand
that such tokenization will be as per the RBI guidelines and may require you to
provide consent/ tokenise cards for each merchant/ their platform, as the case
maybe. Such card data will be used by us as per the applicable terms and conditions.
You will be able to find details regarding your tokenised cards on the Amazon App,
with help to deregister tokens as well. Please refer FAQs below for more details on
card tokenization. For any other questions, you can reach out to our customer
support.
9.3 If however, you do not provide your consent, or do not wish to save your card
details, please note that you will be required to enter your card details for every
single transaction, and we will not be able to save the details to provide you a saved
card experience.
10. COMMUNICATIONS
When you visit this Site or send e-mails to us, you are communicating with us
electronically. You will be required to provide a valid phone number while placing
an order with us. We may communicate with you by e-mail, SMS, phone call or by
posting notices on the Site or by any other mode of communication. For contractual
purposes, you consent to receive communications including SMS, e-mail or phone
calls from us with respect to your order.
13. TRADEMARKS
Please refer to Amazon Pay Brand Guidelines (Annexure 2) to see a non-exhaustive
list of Amazon trademarks. In addition, Amazon designs, graphics, logos, page
headers, button icons, scripts, service names and other marks indicated on our Site
are trademarks (collectively, "Trademarks"), or trade dress of Amazon.com Inc. in
the U.S. and/or its subsidiaries in the European Union and/or other jurisdictions.
Amazon's Trademarks and trade dress may not be used in connection with any
product or service that is not Amazon's, in any manner that is likely to cause
confusion among customers or in any manner that disparages or discredits Amazon.
Subject to the terms and conditions of this Agreement and Amazon Pay Merchant
Agreement and provided your Seller Account is in good standing, we grant you a
non-exclusive, non-transferable, non-assignable, revocable right to use the
"Amazon Pay" and other related Trademarks designated by us solely in accordance
with our brand guidelines and such other documentation as we make available from
time to time. You may not use the Trademarks except as expressly permitted herein,
and may not sublicense these rights or otherwise permit any party to use the
Trademarks. You acknowledge that we and our Affiliates are the sole owners of the
Trademarks, and you agree to do nothing inconsistent with that ownership. We may
revoke your license at any time in its sole discretion. Upon the termination or
expiration of this Agreement, you shall immediately cease and discontinue all
further use of the Trademarks. All goodwill arising out of your use of the Trademarks
will inure to the sole benefit of us and our Affiliates. All other trademarks not owned
by us that appear on the Site or Seller Central or in connection with the Service are
the property of their respective owners, who may or may not be affiliated with,
connected to, or sponsored by Amazon. We and our Affiliates may use your name,
logo, service name or trademarks as designated by you solely as necessary to
provide the Service in accordance with our Specifications and other Policies
(including without limitation in co-branded web pages used to process orders). We
and our Affiliates may use your name or logo to identify you as a participating
merchant unless you request otherwise.
14. RESERVATIONS
Other than the limited use and access rights and licenses expressly set forth in this
Agreement, we and our Affiliates reserve all right, title and interest (including all
intellectual property and proprietary rights) in and to the Service, the Amazon
Materials (described below), our or our Affiliates’ Trademarks, and any other
technology, software and intellectual property that we provide, make available or
use to provide the Service, Site and the Amazon Materials. Except for the limited use
and access rights described in this Agreement, you do not, by virtue of this
Agreement, acquire any ownership interest or rights in the Service, the Site, the
Amazon Materials, our Trademarks, or such other technology, software or
intellectual property provided or made available by us or our Affiliates.
17. CHILDREN
Use of this Site is available only to persons who can form a legally binding contract
under the Indian Contract Act, 1872. If you are a minor i.e. under the age of 18 years,
you may use this Site only with involvement of a parent or guardian.
If you do post content or submit material, and unless we indicate otherwise, you
grant Amazon Pay (India) Private Limited and/or its Affiliates a nonexclusive,
royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce,
modify, adapt, publish, translate, create derivative works from, distribute, and
display such content throughout the world in any media. You grant Amazon Pay
(India) Private Limited and/or its Affiliates and sub-licensees the right to use the
name that you submit in connection with such content, if they choose.
You represent and warrant that you own or otherwise control all of the rights to the
content that you post or you otherwise provide on or through the Site: that, as at
the date that the content or the material is submitted to the Site: the content and
the material is accurate; that use of the content you supply does not breach any
applicability of this User Agreement and will not cause injury to any person or entity
(including that the content is not defamatory); that the content is lawful. You will
indemnify Amazon Pay (India) Private Limited and/or its Affiliates for all claims
brought by a third party against it or its Affiliates arising out of or in connection with
any of these warranties. Amazon has the right (but not the obligation) to monitor
and edit or remove any activity or content. Amazon takes no responsibility and
assumes no liability for any content posted by you or any third party.
You agree that the rights you grant above are irrevocable during the entire period
of protection of your intellectual property rights associated with such content and
material. You agree to waive your right to be identified as the author of such content
and your right to object to derogatory treatment of such content. You agree to
perform all further acts necessary to perfect any of the above rights granted by you
to Amazon Pay (India) Private Limited, including the execution of deeds and
documents, at its request.
23. TAX
Unless stated otherwise, any and all fees payable by you pursuant to this Agreement
are exclusive of applicable national, state or local sales or use taxes or value added
tax or service tax or goods and services tax ("Taxes") that Amazon is legally obligated
to charge under the applicable legislation. If we are required to deduct any income
tax or other withholdings on any payments to be made to you, we will have the right
to deduct the required amounts and pay such amounts to the applicable regulatory
authority on your behalf. You will not make any claim against us in respect of any
deduction made pursuant to this Section. Throughout the term of the agreement,
you will provide us with any forms, documents, or certifications, including
Permanent Account Number as may be required by us to satisfy any information
reporting or withholding tax obligations with respect to any payments under the
Deed and you confirm that you would duly pay any applicable taxes on your income,
as applicable under this agreement on all amounts on which taxes are not or
inadequately withheld and report and file a return of income under the applicable
laws and provide the necessary certifications in this respect.
25. LOSSES
We will not be responsible for any business loss (including loss of profits, revenue,
contracts, anticipated savings, data, goodwill or wasted expenditure) or any other
indirect or consequential loss that is not reasonably foreseeable to both you and us
when you commenced using the Site.
30. DISPUTES
Any dispute relating in any way with your visit to this Site or usage of the Service
shall be submitted to the exclusive jurisdiction of the courts at Delhi.
32. ASSIGNMENT
You may not assign or transfer any rights, obligations, or privileges that you have
under this Agreement without our prior written consent. Subject to the foregoing,
this Agreement will be binding on each party’s successors and permitted assigns.
Any assignment or transfer in violation of this Section will be deemed null and void.
33. WAIVER
If you breach this Agreement and we take no action, we will still be entitled to use
our rights and remedies in any other situation where you breach this Agreement.
E-mail: notice@amazon.in
Subject Line: Claim of Objectionable Content
or
Fax: 040-39922887
or
Amazon Pay (India) Private Limited, No.26/1, Brigade World Trade Centre, 8th Floor,
Dr. Raj Kumar Road, Bangalore- 560055, Karnataka
Please note that this procedure is exclusively for notifying us of Objectionable
Content posted on the Site. Please provide your address, telephone number, and e-
mail address when sending the notice to us.
Important Warning: Giving false, misleading or inaccurate information in the Notice
to us may result in civil and/ or criminal liability.
Signed:
Dated:
39. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF RIGHTS
INFRINGEMENTS
If you believe that your rights are being infringed, you may fill out and submit the Notice
Form. We respond expeditiously to rights owners and their agents who complete and
submit the Notice Form to communicate concerns about any alleged infringement.
Upon receipt of a Notice Form we may take certain actions, including removing information,
all of which are taken without any admission as to liability and without prejudice to any
rights, remedies or defenses, all of which are expressly reserved. Furthermore, in submitting
a Notice Form, you grant to us the right to use, reproduce, modify, adapt, publish, translate,
create derivative works from, and display its content throughout the world in any media.
This includes forwarding the Notice Form to the parties involved in the provision of the
allegedly infringing content. You agree to indemnify us for all claims brought by a third
party against Amazon arising out of or in connection with the submission of a Notice Form.
Important Warning: giving false, misleading or inaccurate information in the Notice
Form to Amazon may result in civil and/or criminal liability. You should contact a
legal advisor should you have any questions.
Notice Form:
If you believe that your rights are being violated by an item or information on the
Site, you may fill out and submit the Notice Form (below). This signed form can be
sent via e-mail or Fax to the Grievance Officer:
E-mail: notice@amazon.in
Subject Line: Claim of Infringement
Or
Fax: 040-39922887
Or
Amazon Pay (India) Private Limited, No.26/1, Brigade World Trade Centre, 8th Floor,
Dr. Raj Kumar Road, Bangalore- 560055, Karnataka
(We will accept an e-mail with the subject line "Claim of Infringement" or Fax, unless by
prior agreement we have agreed with you for an alternative receipt mechanism).
Please fill out the Notice form using the corresponding numbered paragraphs to frame your
communication.
13. I saved my card while shopping on Amazon.in, but the saved card is
not available when I am using Amazon Pay to make a payment on other
merchant(s). Why is this?
As per RBI guidelines, your saved card must be unique to each merchant. This means
that your card saved on Amazon.in for shopping may not be saved by default when
you are using Amazon Pay on other merchant(s). In such cases, you can enter your
card details again and provide your consent to save the card uniquely on the other
merchant(s).