FEES AND PAYMENTS POLICY
THIS DOCUMENT IS AN ELECTRONIC RECORD UNDER THE INFORMATION TECHNOLOGY ACT, 2000 AND RULES THEREUNDER. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.
1.2. Users are required to peruse and understand the terms of this FPP Policy. If you do not agree to the terms contained in this FPP Policy, you will not be entitled to avail the benefits of the Application. The terms contained in this FPP Policy shall be accepted without modification and accordingly, you agree to be bound by the terms contained herein.
2. Fees and Payment Options
2.1. In order to ensure User convenience, Simbiz Technologies offers multiple payment options to Users. Simbiz Technologies, without prior notice to Users, reserves the right to add or delete payment options from the ones listed below:
2.1.1. Payment through net banking facilities;
2.1.2. Payment through select credit cards;
2.1.3. Payment through select debit cards;
2.1.4. Payment through store credit;
2.1.5. Payments through cash and cheque;
2.1.6. Payments through prepaid payment instruments and electronic wallets;
2.1.7. Payment through equated monthly instalments ("EMI "); and
2.1.8. Any other payment option as may be provided by Simbiz Technologies from time to time.
The payment options referred to above shall hereinafter collectively be referred to as "Payment Options". While reasonable endeavours are made to offer the Payment Options through varied banking channels, presently, Simbiz Technologies accepts payments only from major, select banking avenues which shall be notified by Simbiz Technologies. Simbiz Technologies does not accept payments made through international debit/credit cards issued outside India.
2.2. It is expressly clarified that accepting a User's payment through the Payment Options is solely at Simbiz Technologies discretion. Simbiz Technologies reserves the right to reject payment from a User through the Payment Options for any reason whatsoever. In order to further validate a User's transaction, Simbiz Technologies may request the User to submit a copy of the User's photo identity proof (such as the User's PAN card), failing which, Simbiz Technologies reserves the right to reject a User's payment made through the Payment Options.
2.3. While using the Payment Options, Users agree to provide correct, complete, and accurate financial information such as credit/debit card details or prepaid payment instrument account details which may be stored by Simbiz Technologies third-party payment gateway provider. Users shall not use a credit/debit card or prepaid instrument which is not lawfully owned by him/her or which the User has not been lawfully authorised to use. The User shall solely be responsible for the security and confidentiality of his/her financial information. Simbiz Technologies disclaims all liabilities that may arise as a consequence of any unauthorised use of the User's financial information and/or identity, including, details relating the Payment Options.
2.4. Simbiz Technologies shall not be held responsible and shall not assume any liability in respect of any loss or damage suffered by a User owing to:
2.4.1. a lack of authorisation for any transaction, including such transactions carried out on gift cards and vouchers issued to Users as a part of Simbiz Technologies promotions;
2.4.2. the exceeding of the credit/debit limit mutually agreed between the User and the issuing bank;
2.4.3. any payment issue arising out of technical glitches occurring during a transaction; or
2.4.4. a declination of transaction for reasons beyond Simbiz Technologies control.
2.5. Simbiz Technologies reserves the right to impose limits on the number of transactions a User may undertake over the Application. Should the User exceed such transaction limits imposed by Simbiz Technologies, Simbiz Technologies reserves the right to refuse to process such transactions. Simbiz Technologies may refuse to process transactions emanating from Users who have suspicious or questionable transaction history on the Application. Should Simbiz Technologies be dissatisfied with the credibility of a User or the genuineness of a transaction carried out on the Application, Simbiz Technologies shall have the right to reject such transactions. Simbiz Technologies may also choose to delay the dispatch of Products purchased by such Users or cancel the entire purchase at its sole discretion. The User agrees that Simbiz Technologies shall not be liable for any damage, interests or claims resulting from Simbiz Technologies decision to not process a transaction or delay in the processing of a transaction on account of a User's suspicious activity on the Application.
2.6. Unless specified otherwise, all the Products listed on the Application shall be sold in Indian Rupees either at the listed price, or at a discounted price, with applicable taxes. Despite Simbiz Technologies best efforts, there may be instances of mispricing of Products on the Application during or after the process of purchase of Products has been carried out by the User. While thorough processes of verification are carried out prior to the publication of Product prices on the Application, errors and discrepancies arising out of technical glitches and time lags is unavoidable.
2.7. To enable Users to make payments for buying Products on the Application, in addition to this FPP Policy, the terms and conditions of the User's bank, applicable financial institution and/or card issuing association may be applicable. The User's bank, financial institution or card issuing association may decline or prevent the User from making electronic payments for buying the Products on the Application and Simbiz Technologies does not control the same and hence, shall not be at any point in time held liable.
2.8. Simbiz Technologies may, from time to time contract with third party payment service providers including banks, to open nodal bank accounts under applicable Indian laws. This will be done to facilitate the payments between Users and other third parties, apart from Simbiz Technologies. These third parties may include other service providers including payment aggregators, prepaid instrument providers, courier and logistic service providers etc. Upon successful delivery of the Products purchased by you through the Application, Simbiz Technologies shall initiate payments to third party service providers.
2.9. If it is brought to the User's notice that a payment has been deducted on his/her payment instrument(s) for purchase of Product(s) on the Application and the User is not aware of such purchase on the Application, the User is first, required to verify if his/her family members, friends or business colleagues were authorised to carry out the purchase of Product(s) on the Application. If, despite this, the User continues to be unable to identify the person who initiated the payment using his/her payment instrument(s) for purchase of Product(s) on the Application, the User may report such unauthorised purchase to Simbiz Technologies within 3 hours from the date on which the unauthorised purchase was carried out on the Application in order to enable Simbiz Technologies initiate investigations.
2.10. Payments made by the Users pursuant to loans availed from third party credit partners shall be permitted on the Application. However, the terms of such loans shall be entirely governed by the agreement executed between the Users and such credit partners, and Simbiz Technologies shall have no obligations and/or liabilities to the credit partners in this regard.
2.11. Simbiz Technologies does not levy any fee for browsing the Application. Simbiz Technologies may, in future, consider levying fees on the Users for using the Application, or for use of certain features of the Application. In such an event, you agree to pay any such fees, as applicable. Simbiz Technologies does not covenant or guarantee providing you with a notice prior to enforcing such a levy of fees. Your continued usage of the Application after such change in the fees will be considered to be your acceptance of such changes.
2.12. If the User carries out a purchase on the Application and the payment in lieu thereof has been invalidated, Simbiz Technologies reserves the right to retrieve the invalidated payment ("Invalidated Payment") from the User's store credits, if any. Should the User have insufficient store credits in order to facilitate such redemption of the Invalidated Payment, the User shall within 5 (five) business days from the date of receiving a written notice from Simbiz Technologies, remit the Invalidated Payment into Simbiz Technologies bank account, details of which shall be set out in the notice. If the User fails to remit the Invalidated Payment into Simbiz Technologies bank account despite having received the notice, Simbiz Technologies shall be entitled to initiate civil and/or criminal legal action against the defaulting User at his/her cost and peril.
2.13. Cash or cheque: The 'cash or cheque' Payment Option allows Users to make a cash and cheque payment to Simbiz Technologies authorised representative prior to the delivery of the purchased Product to the User. Simbiz Technologies reserves the right not to provide 'cash and cheque' Payment Option for certain Products (these could be Products specified by Simbiz Technologies or Products with value exceeding a specified amount), locations or certain Users based on their payment history. Users are required to peruse and accept the terms set out under the Return and Refund Policy [ insert appropriate hyperlink] which sets out the terms of refunds for transactions carried out using the 'cash and cheque' Payment Option.
2.14. Store credit: Simbiz Technologies may, at its sole discretion, grant Users with store credit. Such store credits can be used by the User for future purchases only on the Application. In the eventuality of a User wishing to deactivate his/her account with Simbiz Technologies or Simbiz Technologies suspending the User's account, the User agrees that all store credit available on the User's store credit account, if any, will automatically stand forfeited, and Simbiz Technologies will not be required to process any refunds of such store credits to the Users in any manner whatsoever. The User therefore agrees to use and exhaust any existing store credit prior to requesting for a deactivation of his/her account on the Application. Notwithstanding anything to the contrary, any refund of store credit to customers will be at the sole discretion of Simbiz Technologies. If Simbiz Technologies suspects any fraudulent activities, Simbiz Technologies reserves its right to hold back transfer of any store credits to customers.
2.15. EMI: The EMI Payment Option allows Users to make staggered payments for the purchase of Products from the Application. The EMI Payment Option can be availed only for the purchase of Products with a minimum cart value as may be prescribed by Simbiz Technologies from time to time. The EMI Payment Option is only available for payment through credit cards issued by selected banks as specified on the Application. The terms and conditions of the relevant banks shall be applicable on all payments made by Users using the EMI Payment Option, and Simbiz Technologies will not be responsible or liable for any issues or claims arising from the use of this Payment Option.
3. Cash Transactions
3.1. Compliance with laws: The User agrees to not use the Application as a medium to conduct any illegal activities. The User shall comply with all applicable laws (including the Prevention of Money Laundering Act, 2002, and all rules and regulations issued by the Reserve Bank of India) while transacting in cash or other applicable modes of payment to purchase Products on the Application. If Simbiz Technologies becomes aware or is suspicious that any User is engaging in such illegal activities, Simbiz Technologies reserves the right to immediately suspend the account of such User on the Application, and report such User to appropriate regulatory authorities.
3.2. Maximum order amount: The 'cash' Payment Option on the Application will not be available to Users if: (i) the aggregate value of all orders placed by a User on the Application on a calendar day; or (ii) the aggregate value of a single order on the Application, in each case, is in excess of INR 1,99,999.
3.3. PAN: The User agrees to provide Simbiz Technologies with the details of its permanent account number (PAN) as and when required by Simbiz Technologies and in any event, for all transactions in excess of INR 49,999 on the Application, for which payment has been made through the 'cash' Payment Option.
3.4. Soiled / counterfeit notes: Simbiz Technologies and its authorised personnel reserve the right to reject payment by the 'cash' Payment Option if, in the opinion of Simbiz Technologies and / or Simbiz Technologies authorised personnel, the currency notes offered by the User are inter alia (i) soiled notes; (ii) torn notes; or (iii) appear to be counterfeit notes/not legal tender.
3.5. Combination of Payment Options: With respect to a single payment for the purchase of the Products on the Application (which may include a tranche payment of advance/balance portion), the Users will not be permitted to make payment through more than a single (a) online/electronic payment mode (including credit/debit cards, net banking, pre-paid wallets, etc.), and (b) offline payment mode (including cash, cheque, etc.). At the time of placing an order on the Application, the Users will be required to select and confirm its preferred mode of payment for each payment tranche required to be made by it. Upon such selection and confirmation, the Users will not be permitted to modify the preferred payment mode, and will have to make payment only through such selected payment modes.
3.6. Full payment: The User shall only be permitted to take delivery of the Products upon realisation of the full amount by Simbiz Technologies.
3.7. Convenience Fee: Simbiz Technologies reserves the right to charge the User a convenience fee (for an amount as may be decided by Simbiz Technologies from time to time) for every transaction made using the 'cash or cheque' Payment Option.
4.1. The User agrees to indemnify, hold harmless and keep Simbiz Technologies, its affiliates, associates and partners and their respective directors, staff, officers, employees, agents and representatives of all the foregoing, indemnified at all times from and against any and all suits, actions, legal or administrative proceedings, claims, demands, liabilities, damages, losses, cost, fines or penalties of any kind or nature whatsoever, including legal fees and all other direct and indirect expenses whatsoever in connection with, or incidental to the performance of this FPP Policy, and in any manner directly or indirectly caused, occasioned or contributed to in whole or in part, by reason of:
(i) any act, omission, fault, or negligence whether active or passive, or of anyone acting under the User's direction or control or on the User's behalf, including the User's failure to comply with any applicable laws;
(ii) breach of any User's representation, warranty, covenant under or pursuant to this FPP Policy; and
(iii) all fraudulent activities undertaken by the User independently or in collusion with other Users.
4.2. Simbiz Technologies shall not be liable for any incidental, indirect, special, or consequential damages (including lost profits or lost revenues) under this FPP Policy, regardless of whether such liability arises in tort, contract, breach of warranty, indemnification or otherwise.
5. Grievance Redressal
Any grievances relating to the FPP Policy may be directed by you to the grievance officer of Simbiz Technologies who can be contacted at:
Name: Bharath Reddy
Phone Number: +91-9418536349
6. Applicable Law and Dispute Resolution
The FPP and applicable additional terms/policies shall be governed by and interpreted and construed in accordance with the laws of India. Any disputes pertaining to the FPP shall be subject to the exclusive jurisdiction of the appropriate courts in Mumbai.