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PaisaPay User Agreement

The updated PaisaPay User Agreement will take effect on September 21, 2016 for new users, and on October 21, 2016 for all other users. The updated User Agreement was posted on www.ebay.in on September 21, 2016. The previous amendment to this User Agreement is available here.
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under  as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document is published in accordance with the the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and user agreement for access or usage of www.ebay.in website.

These terms and conditions (“PaisaPay User Agreement” or “PaisaPay UA”) and the PaisaPay Rules and Policies (hereinafter  referred to as the “PaisaPay Rules and Pol icies” that have been incorporated by way of reference) between you and eBay India Private Limited, a company incorporated in India (hereinafter referred to as “eBay ”) and governs your use of the PaisaPay Facility which is an automated and electronic payment processing, collection and remittance facility provided by eBay India Private Limited on its website www.ebay.in (hereinafter referred to as "eBay Website"). You must read, agree with and accept all of the terms and conditions contained in this PaisaPay User Agreement and PaisaPay Rules and Policies as these terms constitute your legal and contractual obligations towards eBay.

This PaisaPay User Agreement and PaisaPay Rules and Policies shall be effective and binding upon your ‘acceptance’. ‘Acceptance’ shall mean your affirmative action in clicking on the ‘check box’ and on the ‘continue’ button as provided on the registration page or clicking on ‘Pay Now’ button while you are transacting as Guest User or such other actions that implies your acceptance. All payments made using the PaisaPay Facility are bound by the PaisaPay User Agreement and PaisaPay Rules and Policies. This PaisaPay User Agreement is in addition to eBay UA, as defined hereunder. If you do not agree or are not willing to be bound by the terms and conditions of this PaisaPay User Agreement and PaisaPay Rules and Policies, please do not click on the "check box " and on the “continue” button or do not click on ‘Pay Now’ button while you are transacting as Guest User and do not seek to obtain access to or otherwise avail PaisaPay Facility.

Please note that various underlined words and phrases are hyperlinked to various agreements, terms and conditions and rules and polices which are incorporated by way of reference.

You agree that eBay may appoint any service provider, including but not restricted to one or more of eBay’s affiliate and/or service provider(s) in India (“eBay Affiliate”) to provide backend operations and support on the instructions of eBay including, without limitation collection, processing and remittance of the Transaction Price under instructions of eBay using the existing authorised banking infrastructure and credit / debit/ cash card/ paymate/ oxicash / zipcash/ mobile wallets/ cash on delivery (COD) referred by any name including any other payment modes or options or infrastructure, compliance with applicable laws and regulations for the time being in force and as may be introduced from time to time either directly through Bank(s) or financial institution(s) or indirectly through Payment Aggregator(s) or through any facility that is duly authorized by or in compliance with regulations/guidelines issued by the Reserve Bank of India to provide enabling support facility for collection and remittance of payment.

eBay may amend this PaisaPay User Agreement and/or PaisaPay Rules and Policies at any time by posting a revised version on the eBay Website. All updates and amendments shall be notified to the Registered User via eBay Website’s Announcement Board (hereinafter referred to as an “AB Post”). The revised version will be effective at the time eBay posts it. In addition, if the revised version of PaisaPay User Agreement includes a Substantial Change, eBay will provide you with 30 days' prior notice of such Substantial Change/s by an AB Post or as per the Notification Preferences provided by Registered User to eBay.

Electronic Communications: When Buyer or Seller uses PaisaPay Facility or send emails or other data, information or communication to eBay, the Buyer or Seller agrees and understands that such Buyer or Seller is communicating with eBay through electronic records. Buyer or Seller consents to receive communications via electronic records from eBay periodically and as and when required. eBay will communicate with Buyer or Seller by email or by an AB Post notice or electronic records on the eBay Website or on PaisaPay Facility which will be deemed adequate service of notice / electronic record.

Eligibility and Registration with PaisaPay Facility:

Buyers: PaisaPay Facility is available to Buyers who have a Valid credit/ debit/ cash card/ paymate/  oxicash/ zipcash/ mobile wallets referred by any name including any other payment methods or options or infrastructure, compliant with applicable laws and regulations for the time being in force and as may be introduced from time to time either directly through Bank(s) or financial institution(s) or indirectly through Payment Aggregator(s) or through any facility that is duly authorized by or in compliance with regulations/guidelines issued by the Reserve Bank of India to provide enabling support facility for collection and remittance of payment or through Cash On Delivery option. There is no separate registration of Buyer in order to use PaisaPay Facility.

Sellers: To be eligible to sell goods and/or services on the eBay Website you need to (in addition to becoming a registered User of the eBay Website) undertake an additional separate PaisaPay Registration with the PaisaPay Facility and by doing so you accept and agree to be bound by the PaisaPay Seller Terms and Conditions which are in addition to this PaisaPay User Agreement and PaisaPay Rules and Policies and all applicable laws for the time being in force. 

1. Key Definitions:

Unless the context shall otherwise require: 

“Buyer” shall mean a Registered User / Guest User who contracts with a Seller to purchase, dispatch and deliver goods or services offered by the Seller on the eBay Website or enters into a Transaction with the Seller and uses the PaisaPay Facility to pay the Transaction Price.

Cash On Delivery” shall mean a transaction where the cash payment for the goods is collected from the buyer by the courier company or service provider at the time of delivering the goods.

“Delivery / Delivered” means physical or digital or otherwise delivery of the goods or services (for which a Transaction Price has been paid by the Buyer) by the Seller to the Buyer at the address specified by the Buyer or such other address as agreed between Buyer and Seller and informed to eBay Website or PaisaPay Facility. 

“Dispatch” or “Dispatched” shall mean that the goods (for which a Transaction Price has been paid by the Buyer or the buyer has confirmed to pay by Cash On Delivery) have been dispatched by the Seller to the Buyer at the address specified by the Buyer on eBay Website or on PaisaPay Facility at the time of Transaction.

“Dispatch Details” shall mean the correct and valid data, information, details or documents as specified by eBay in PaisaPay Rules and Policies from time to time, which a Seller is required to provide eBay indicating the fact of Proof of Dispatch and/or Proof of Delivery.

eBay UA shall mean the terms and conditions constituting the legal and binding contract between eBay and Registered User/ Guest User governing the use of the website www.ebay.in which has been independently and separately or jointly accepted and agreed to by a Registered User/ Guest User at the time of registration with eBay Website. The eBay UA shall be read in conjunction with this PaisaPay User Agreement and PaisaPay Rules and Policies which shall be incorporated in the eBay UA by way of reference and deemed to form a part and parcel of the eBay UA.

“Error” means a processing or other error consequent to which a Seller’s PaisaPay account is mistakenly debited or credited and/or that may display inaccurate details of a transaction in the account(s) of a Seller/Import Seller/Buyer/Service Provider/Logistic Partner/Bank(s) or any other entity or service provider as applicable.

“Foreign Seller” means a Seller domiciled outside India and has listed items for sale on www.ebay.in.  A Foreign Seller shall receive remittance of the Transaction Price subject to the applicable provisions of this Agreement and the PaisaPay Seller Terms and Conditions. Such remittance to the Foreign Seller shall be in a currency other than Indian National Rupee (INR).

“Guest User” shall have the meaning assigned to the term as per the eBay UA.

"Information" means any confidential and/or personally identifiable information or sensitive personal data or information related to your PaisaPay Registration or Registered User or Guest User, including but not limited to the following: name, email address, billing/shipping address, phone number and banking / financial information.

“Issuing Bank” in respect of a Buyer, means (a) the bank which has issued a Valid Credit / Debit Card to the Buyer or (b) the branch of a bank which maintains a Valid Bank Account in the name of Buyer; with which the Buyer pays the Transaction Price. Currently, PaisaPay Facility supports Online Bank Transfers from the Banks available while selecting PaisaPay Facility as the payment method. eBay may add or remove or suspend any one or more banks directly or through Payment Aggregator. Such change shall come into effect upon posting of the same on eBay Website.

“Logistics Partner” shall mean company(s) (including courier/logistic services company) who will deliver the goods to the buyer and collect the Transaction Price for Permitted Cash On Delivery transactions.

"PaisaPay Facility" means the automated payment (electronic or Cash On Delivery), collection and remittance facility provided by eBay to Buyers and Sellers as an adjunct activity to facilitate its online ecommerce marketplace business through eBay Website using the computer systems and computer networks of Issuing Banks and/ or Payment Aggregator directly or indirectly or such other methods and or options or infrastructure, compliant with applicable laws and regulations for the time being in force and as may be introduced from time to time either directly through Bank(s) or financial institution(s) or indirectly through Payment Aggregator(s) or through any facility that is duly authorized by or in compliance with regulations/guidelines issued by the Reserve Bank of India to provide enabling support facility for collection and remittance of payment and related electronic payment gateways or Cash On Delivery transactions, as may be permitted by eBay to the website seller(s) in its sole discretion and in accordance with PaisaPay User Agreement, PaisaPay Rules and Policies and PaisaPay Seller Terms and Conditions and subject to eBay UA.

 PaisaPay Registrationshall mean the opening of a Seller’s PaisaPay Facility account with the eBay Website to be managed and maintained by the Seller, subject to the PaisaPay User Agreement, PaisaPay Rules and Policies, PaisaPay Seller Terms and Conditions and the eBay UA. There is a separate registration for Sellers with PaisaPay Facility. Please click here to go to the PaisaPay Seller registration page and to read PaisaPay Seller Terms and Conditions.

PaisaPay Seller Terms and Conditionsmeans a set of contractual obligations required to be accepted and agreed to by a Seller to register with and use the PaisaPay Facility.

“Qualified Seller” shall mean a Seller who is eligible for the express remittance facility as per the parameters and conditions set out in the PaisaPay Rules and Policies and the PaisaPay Seller Terms and Conditions and in case of a legal person or body corporate the term Qualified Seller shall also include person(s) acting for or on behalf of such legal person or body corporate.

"Registered User" shall have the meaning assigned to the term as per the eBay UA and shall mean and include the term “User” and any reference to "you" or "your" shall be deemed to refer to you and your registration as a user.

"Substantial Change" means a change to the terms of this PaisaPay User Agreement that reduces your rights or increases your responsibilities.

“Seller” shall mean a Registered User who registers as a seller with PaisaPay Facility by accepting PaisaPay Seller Terms and Conditions and in case of a legal person or body corporate the term Seller shall also include person(s) acting for or on behalf of such legal person or body corporate. Seller also includes the Foreign Seller. All obligations of Seller under this PaisaPay UA shall be applied on Foreign Seller Mutatis Mutandis unless specified otherwise.

“Transaction” means every electronically generated commitment to purchase and /or every electronic generated valid purchase by Buyer of the goods or services listed by a Seller on the eBay Website. 

“Transaction Price” means the price of the goods or service for every Transaction and shall include, if applicable, the shipping charges, insurance charges and all other taxes, duties, costs, charges and expenses in respect thereof as charged by the Seller.

“Valid Credit/ Debit Card” currently means a Visa or a MasterCard credit card or an American Express Card which is not listed in Visa / Master / American Express's current warning bulletin and is lawfully owned by the user of the card at the time of a Transaction as well as at the time of refund from PaisaPay Facility.

“Valid Cash Card” shall mean a multi services prepaid payment card whose validity is checked by the issuer.     

“Valid Bank Account” in relation to a Buyer (“Buyer Bank Account”) shall mean a valid and operational bank account in the name of Buyer. In relation to a Seller (“Seller’s Bank Account”) shall mean a valid and operational banking account maintained by Seller with a bank, including, in the case of  Foreign Seller a bank outside India, or any branch of such bank, in the name of Seller or Foreign Seller as the case may be, details of which shall be provided by the Seller or Foreign Seller to eBay as a part of PaisaPay Registration or at a later date in lieu of or in addition to the original Seller’s Bank Account. Both the Buyer Bank Account and Seller Bank Account are required to be with a branch of a nationalized or foreign bank as per applicable Indian/foreign laws or other banks which are registered with or approved by Reserve Bank of India and such branch and/or account of the Buyer and Seller supports Reserve Bank of India’s retail electronic / online banking system including, without limitation, National Electronic Funds Transfer (“NEFT”) and/or Real Time Gross Settlement (“RTGS”) and/or Immediate Payment System (“IMPS”) and/or Unified Payment Interface (“UPI”) and supported by PaisaPay Facility.

2. Capitalized terms not defined in the PaisaPay User Agreement shall have the same meaning as assigned to them in eBay UA.

3. Nature of Relationship: You understand, agree and accept that the nature of your relationship between you as a Registered User/ Guest User and eBay in relation to PaisaPay Facility is as follows:

  • Transactions, Transaction Price and all commercial terms such as Delivery, Dispatch of goods and/or services are as per principal to principal bipartite contractual obligations between Buyer and Seller and PaisaPay Facility is merely used by the Buyer and Seller to facilitate the completion of the Transaction. Use of the PaisaPay Facility shall not render eBay liable or responsible for either the non–delivery, non- receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the goods and /or services listed on eBay Website.

  • You have specifically authorised eBay to collect, process, facilitate and remit payments and / or the Transaction Price electronically or through Cash On Delivery to and from other Registered Users/ Guest User in respect of Transactions through PaisaPay Facility. Your relationship with eBay is on a principal to principal basis and by accepting this PaisaPay User Agreement you agree that eBay is an independent contractor for all purposes, and does not have control of or liability for the goods or services that are listed on eBay Website that are paid for using the PaisaPay Facility. eBay does not guarantee the identity of any Registered User/ Guest User nor does it ensure that a Buyer or a Seller will complete a Transaction.

  • You understand, accept and agree that the PaisaPay Facility provided by eBay is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through Cash On Delivery, collection and remittance facility for the Transactions on the eBay Website using the existing authorised banking infrastructure and Credit Card payment gateway networks. Further, by providing PaisaPay Facility, eBay is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.

4. PaisaPay Facility for Buyers:

  • You, as a Buyer, understand that upon initiating a Transaction You are entering into a legally binding and enforceable contract with the Seller to purchase the goods and /or services from the Seller using the PaisaPay Facility, and You shall pay the Transaction Price through Your Issuing Bank to the Seller using PaisaPay Facility.

  • You, as a Buyer, may agree with the Seller through electronic communication and electronic records and using the automated features as provided by PaisaPay Facility on any extension / increase in the Dispatch and/or Delivery time and the Transaction shall stand amended to such extent. Any such extension / increase of Dispatch / Delivery time or subsequent novation / variation of the Transaction should be in compliance with PaisaPay Rules and Policies.

  • You, as a Buyer, shall electronically notify PaisaPay Facility using the appropriate PaisaPay Facility and/or eBay Website features immediately upon Delivery or non-Delivery within the time period as provided in PaisaPay Rules and Policies. Non-notification by You of Delivery or Non-delivery within the time period specified in the PaisaPay Rules and Policies shall be construed as a deemed Delivery in respect of that Transaction. In case of Cash On Delivery transactions, Buyer is not required to confirm the receipt of goods or services.

  • You, as a Buyer, shall be entitled to claim a refund of the Transaction Price (as Your sole and exclusive remedy) in case You do not receive the Delivery within the time period agreed in the Transaction or within the time period as provided in the PaisaPay Rules and Policies, whichever is earlier. In case you do not raise a refund claim using PaisaPay Facility within the stipulated time then this would make You ineligible for a refund and under such circumstances You may be eligible to file a claim for ‘Item Not Received’ under the eBay Guarantee*.

  • You, as a Buyer, understand that the PaisaPay Facility may not be available in full or in part for certain category of goods and/or services and/or Transactions as mentioned in the PaisaPay Rules and Policies and hence You may not be entitled to a refund in respect of the Transactions for those goods and /or services and, under such circumstances, You may be eligible to file a claim for ‘Item Not Received’ under the eBay Guarantee*.

  • PaisaPay Refund Rules: You, as a Buyer, understand that refund of Transaction Price shall be made in accordance with the applicable laws of Republic of India and as per the rules mentioned below and in accordance with PaisaPay Rules and Policies;

    • Except for Cash On Delivery transaction, refund, if any, shall be made at the same Issuing Bank from where Transaction Price was received.

    • For Cash On Delivery transactions, refunds, if any, will be made via demand draft or electronic funds transfer system as approved by the Reserve Bank of India in favour of the buyer (As per registration details provided by the buyer). 

    • Refund shall be made in Indian Rupees only and shall be equivalent to the Transaction Price received in Indian Rupees. Buyer shall be liable and shall bear any foreign exchange conversion risk, loss, charges or fees.

    • For electronics payments, refund shall be made through PaisaPay Facility using NEFT / RTGS / IMPS or any other online banking / electronic funds transfer system approved by Reserve Bank India (“RBI”). 

    • Refund shall be conditional and shall be with recourse available to eBay in case of any misuse by Buyer.

    • Refund shall be subject to Buyer complying with PaisaPay Rules and Policies.

5. Paisa Pay Facility for Sellers:

  • You, as a Seller, shall be required to Dispatch the goods and/or services for every Transaction to the Buyer within the time period as provided in PaisaPay Rules and Polices to ensure that the goods and/or services are Delivered within timely manner. You, as a Seller, may use the automated features and tools to negotiate, through electronic communication and electronic records, with the Buyer to extend / increase the Dispatch and/or Delivery time and other commercial terms and the Transaction shall be amended to such extent and in such manner between You, the Seller, and the Buyer. Any such extension / increase of Delivery time or subsequent novation /variation of contract terms of the Transaction should be in compliance with PaisaPay Rules and Policies.

  • Seller shall provide Dispatch Details to eBay in such manner and within such time period as provided in PaisaPay Rules and Policies failing which the Transaction shall stand cancelled.

  • Rules for Dispatch: Sellers agrees that Seller shall not violate any of the following rules for Dispatch and that:

    • Seller shall Dispatch the goods and/or services only using a delivery channel which provides appropriate ‘Proof of Dispatch’ and ‘Proof of Delivery’ documentation. Such Proof of Dispatch and Proof of Delivery (PODs) documentation relating to the Delivery shall be maintained by Seller (other than Foreign Sellers) for a period of minimum nine (9) months from the date of the Dispatch. The PODs should be furnished to eBay on demand within the timeframe as notified from time to time. Foreign Seller shall at all the times maintain Proof of Dispatch and Proof of Delivery (POD) [including the Airway bill (AWB) or any other document that contains the name and address of the buyers] relating to the Dispatch and Delivery of their products and shall provide copy(ies) of the same as and when demanded by eBay.

    • Seller shall provide the Dispatch Details which are trackable and shall provide eBay the copy of Air Way Bill (“AWB”) of the Dispatch of the goods/products to the Buyer.

    • Seller agrees that the Dispatch Details shall be true, correct and duly authorized and shall not be misleading, fraudulent, false, unauthorized or otherwise illegal and shall not contain any misrepresentation of facts.

    • Seller’s failure to provide Dispatch Details or providing Dispatch Details not complying with PaisaPay Rules and Policies shall result in consequences as more specifically stated in the PaisaPay Rules and Policies and which may lead to suspension and/or termination of PaisaPay Facility and/or suspending and/or terminating Seller’s PaisaPay Registration and/or any consequent actions as specified in the eBay UA.

  • Rules for remittance to Seller: Seller agrees that the Transaction Price paid by a Buyer will be remitted to Seller’s Bank Account contingent upon the following events:

    • Buyer confirming the Delivery of goods and/or services in the Transaction, or

    • Buyer not taking any action on PaisaPay Facility to confirm Delivery within such time period as provided in PaisaPay Rules and Policies despite confirmation of Dispatch of goods and /or services by Seller to the Buyer.

    • Buyer’s refund claim is rejected by eBay due to any breach of this PaisaPay User Agreement, PaisaPay Rules and Policies, eBay UA and any applicable laws.

    • For permitted sellers, Cash On Delivery transaction remittances of buyer payments will be made only after PaisaPay reconciles the payments received from the logistics/courier company or any service provider unless otherwise decided by eBay in its sole discretion.

  • Remittances to the Seller for their successful transactions under PaisaPay excluding COD transactions would be in compliance with directions issued by Reserve Bank of India for opening and operation of accounts and settlement of payments for electronic payment transactions involving intermediaries vide its notification RBI/2009-10/231 DPSS.CO.PD.No.1102 / 02.14.08/ 2009-10 dated November 24, 2009 (“RBI Intermediary Guidelines”).

Remittance to the Foreign sellers for their successful transactions under PaisaPay Facility would be in compliance with the directions issued by the Reserve Bank of India for processing and settlement of import and export related payment facilitated by Online Payment Gateway Service Providers vide its notification RBI/2015-16/185 A.P. (DIR Series) Circular No. 16 dated September 24, 2015 (“RBI OPGSP Guidelines”).

eBay has appointed Citibank as the nodal bank. eBay functioning as an intermediary shall maintain separate nodal accounts for domestic and cross border transactions. eBay may at its sole discretion add, replace or remove any nodal bank (“Nodal Bank”) without intimating You. Remittance to Seller for PaisaPay COD transactions shall be made through Cheque/ Demand Draft or Online Bank Transfer to Seller Bank A/c.

Seller shall be liable and shall bear any foreign exchange conversion risk, loss, charges, fees or bank charges or fees as applicable for the remittance in the currency other than Indian National Rupee (INR) under the PaisaPay Facility.

Foreign Seller shall, on demand of eBay from time to time, provide the copy of invoice and airway bill to eBay containing the name and address of the buyers as an evidence of import, failing which eBay reserves its right to withheld the remittance to the Seller under the PaisaPay Facility.

You hereby agree and accept that:

  • The Bank account details provided by You for the remittance of the Transaction Price are accurate and in full compliance with the applicable provisions of law and regulations.

  • You shall at all times, without any notification by eBay, observe compliance with applicable provisions of anti-money laundering statute(s), rules or regulations as may be mandated by the concerned Banks where Your account/s are maintained and/or by the Reserve Bank of India or any central, state or local authority in India, or in the case of a Foreign Seller, any central, state, local authority of the country of domicile of such Foreign Seller or the country where the bank account is located.

  • You shall at all times keep updated the Know Your Customer (KYC) and applicable verification documents in compliance with applicable provisions of law. You shall submit the updated Know Your Customer (KYC), and/or verification documents or additional verification details to eBay for record.

  • eBay may, without any advance notification to you, submit to any Indian or Foreign Central, State or Local statutory or regulatory authority any/all details of your account, remittances, transaction history, related accounts (please see 7(c) below), KYC and verification documents and information/details submitted by You or on Your behalf or identified by eBay in the course of its investigation as mentioned at clause (6) below for onward submission to statutory and/or regulatory authorities.

  • eBay places full reliance on the representation made you at (1) above and you shall at all times indemnify and keep eBay indemnified from any costs, charges, expenses, damages, including but not limited to legal costs incurred by eBay to defend any statutory and/or regulatory allegation of compliance due to an act of omission and/or commission by you, whether willful or otherwise with this clause.

  • You hereby authorize eBay, directly or through third parties, to make any enquiries that eBay considers to validate your KYC requiring further information or documentation, or requiring You to provide tax identification number etc.

  • If at any time, eBay has reasons to believe that you have not, for any reason whatsoever, whether willful or otherwise, failed to comply with this clause, then eBay may at its discretion and without further notice to you initiate any/all of the following actions:

    • hold the remittance of Transaction Price due/payable to you

    • inform the concerned regulator

    • investigate and apply restrictions to sell and receive remittance for your account and also accounts that in the opinion of eBay are directly or indirectly related to you or your business or transactions in any manner (‘related accounts’)

    • suspend your and/or related accounts account

    • initiate appropriate legal remedies against you and/or related accounts.

  • Rules for Express Remittance for Qualified Sellers: Seller agrees that eBay may offer to provide the Express Remittance (as more fully defined and described in the PaisaPay Rules and Policies) to Qualified Sellers. Express Remittance shall be subject to the RBI Intermediary Guidelines and arrangement / directions of Nodal Bank. eBay at its sole discretion may make such offer to Qualified Seller and the same shall not be construed as a right but only as a privilege. Qualified Seller understands that eBay reserves the right to withdraw Express Remittance at any time for any violation of the PaisaPay User Agreement and/or the PaisaPay Rules and Policies and/or failure by the Qualified Seller to maintain or comply with the parameters for eligibility as set out in the PaisaPay Rules and Policies. Qualified Seller agrees that the Transaction Price paid by a Buyer will be remitted to Qualified Seller’s Bank Account contingent upon the following:

    • Qualified Seller providing the valid and accurate Dispatch Details into the PaisaPay Facility computer system.

    • Cash on delivery transaction payments made by buyer will be remitted as mentioned above unless otherwise decided by eBay in its sole discretion, no express remittances facility is provided to sellers for Cash On Delivery payments made by Buyer.

6. Restricted Activities:

You agree, undertake and confirm that your use of the Website shall be strictly governed by the following binding principles: 

"Your Information" is defined as any information you provide to us or other users of the Website ("Users") in the registration (as Registered User or as Guest User), bidding, buying or listing process, in the feedback area or through any e-mail feature. You are solely responsible for Your Information, and we act only as a passive conduit for your online distribution and publication of Your Information.

6A. In connection with Your use of the eBay Website, or the PaisaPay Facility, or in the course of Your interactions with eBay, You shall not:

  • Breach any provision of this PaisaPay User Agreement, PaisaPay Rules and Policies, eBay UA or any other agreement that you have entered into with eBay (including any rules or policies);

  • Violate any law, statute, ordinance, or regulations including (for example, Foreign Exchange Management Act, 1999 and any rules notified there under, Customs Act, Information and Technology Act, 2000, Prevention of Money Laundering Act, 2002 and rules, Foreign Contribution Regulation Act, 1976 and rules, Income Tax Act, 1961 and rules, Export Import Policy of government of India, the Indian Penal Code, the Consumer Protection Act and allied laws);

  • Unauthorized use or any attempt thereto of a Valid Credit Card / Debit Card/ Cash Card/ paymate/ oxicash / zipcash / mobile wallets / COD referred by any name including any other payment methods or options or infrastructure or any other financial instrument or infrastructure directly or indirectly through Payment Aggregator(s) or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or Valid Bank Account / PaisaPay Facility or use without the proper authorization of the legal holder of the Valid Credit / Debit/ Cash Card / Valid Bank Account/ paymate/ oxicash / zipcash /mobile wallets / COD referred by any name including any other payment methods or options or infrastructure or any other financial instrument or infrastructure directly or indirectly through Payment Aggregator(s) or through any such facility that is duly authorized by or in compliance with regulations/guidelines issued by the Reserve Bank of India to provide enabling support facility for collection and remittance of payment  on eBay Website;

  • Infringe eBay's or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;

  • Act in a manner that is defamatory, trade libelous, unlawfully threatening or unlawfully harassing;

  • Provide false, inaccurate or misleading Information regarding Your personal details/identity or your Transaction or Proof of Delivery or Proof of Dispatch or Dispatch Details;

  • Send or receive funds in violation of any laws or regulations;

  • Refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to eBay;

  • Attempt to "double dip" during the course of a dispute by receiving or attempting to receive funds from both eBay and the Seller, bank, or credit / debit/ cash card/ paymate/ oxicash  / zipcash/ mobile wallets/ COD referred by any name including any other payment methods or options or infrastructure or any other financial instrument or directly or indirectly through Payment Aggregator(s) or through any facility that is duly authorized by or in compliance with regulations/guidelines issued by the Reserve Bank of India to provide enabling support facility for collection and remittance of payment for the same transaction;

  • Use an anonymizing proxy;

  • Control a PaisaPay Registration account that is linked to another PaisaPay Registration account that has engaged in any of these restricted activities.

  • Conduct your business or use the PaisaPay Facility in a manner that results in or may result in complaints, disputes, claims, reversals, chargebacks, fees, fines, penalties and other liability to eBay, eBay’s Affiliate, a User, a third party or you;

  • Have a credit score from a credit reporting agency that indicates a high level of risk whether associated with your use of the PaisaPay Facility or otherwise; ;

  • Use PaisaPay Facility in a manner that eBay, eBay’s Affiliate, Visa, MasterCard, or any Bank/Payment company/Service Provider may reasonably believe to be an abuse of the credit / debit/ cash card/ paymate/ oxicash  / zipcash/ mobile wallets/COD referred by any name including any other payment methods or options or infrastructure or any other financial instrument directly or indirectly through Payment Aggregator or through any facility that is duly authorized by or in compliance with regulations/guidelines issued by the Reserve Bank of India to provide enabling support facility for collection and remittance of payment system or a violation of credit card association rules;

  • Disclose or distribute another User's Information to a third party, or use the Information for marketing purposes or any other unauthorized purpose unless you have received the User's express consent to do so;

  • Take any action that imposes an unreasonable or disproportionately large load on eBay’s or eBay Website infrastructure;

  • Facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or Information;

  • Use any robot, spider, other automatic device, or manual process to monitor or copy eBay Website or parts thereof without our prior written permission of eBay;

  • Use any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere, with eBay Website or the PaisaPay Facility ;

  • Take any action that may cause eBay to lose any aspects of the PaisaPay Facility from eBay’s internet or other service providers, payment processors, or other suppliers;

  • Use PaisaPay Facility to test credit card behaviors

Any Registered User attempting to commit or committing any of the above mentioned restricted activities or violating the eBay UA, the PaisaPay User Agreement, PaisaPay Seller Terms and Conditions and/or PaisaPay Rules and Policies and/or the RBI Guidelines and/or applicable laws shall inter-alia result in the termination and /or suspension of the PaisaPay Facility. eBay reserves the right to report any such illegal activity to the appropriate enforcement agencies and /or initiate civil or criminal prosecutions against you in a court of law.

6B. You shall not host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item that:

[Note: The bold and underlined text in the following paragraphs is inserted in accordance with the Information Technology (Intermediaries guidelines) Rules 2011. Please note that in accordance with the Information Technology (Intermediaries guidelines) Rules 2011 in case of non-compliance with rules and regulations, user agreement and privacy policy for access or usage of intermediary computer resource, the Intermediary has the right to immediately terminate the access or usage rights of the users to the computer resource of Intermediary and remove non-compliant information.]

(a) belongs to another person and to which You does not have any right to;

(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;

(c) harm minors in any way;

(d) infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;

(e) violates any law for the time being in force;

(f) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

(g) impersonate another person;

(h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;

(i) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.

Please note that the Department of Industry Policy and Promotions (DIPP) under the Ministry of Commerce and Industry of the Government of India issued a Press Note No. 3 (2016 Series) on March 29, 2016. According to this Press Note No. 3,

  • Post sale, delivery of the goods to the customers and customer satisfaction will be responsibility of seller.

  • In marketplace model, payment for sale may be facilitated by e-commerce entity in conformity with the guidelines of the Reserve Bank of India.

  • In marketplace model, any warranty/ guarantee of goods and service sold will be responsibility of the seller.

7. Set-off and Errors:

  • Set off Past Due Amounts: If a Seller has a past due amount owed to eBay or an Affiliate, eBay subject to applicable law may debit to pay or recover any such amount from the remittance under PaisaPay Facility.

  • Negative Balances: If Seller’s PaisaPay account has a negative balance, eBay may subject to applicable law set-off the negative balance with any funds that Seller subsequently receives into Seller’s PaisaPay Account(s). If Seller has more than one Account, eBay subject to applicable law may set off the negative balance in one Account by using any balance that Seller maintain in its other PaisaPay Account(s). In the event that a negative balance is offset by eBay pursuant to this paragraph, it may be bundled with another debit coming out of Seller’s PaisaPay Account.

  • eBay Errors. eBay will rectify any Error that we discover. If the Error results in Seller’s receipt of less than the correct amount to which Seller is entitled, eBay will credit your Account for the difference and vice versa. If the Error results in Seller’s receipt of more than the correct amount to which Seller is entitled, eBay will debit the extra funds from Seller’s PaisaPay Account and vice versa.

  • Reimbursement for Seller’s Liability. In the event that Seller is liable for any amounts owed to eBay, eBay may immediately remove such amounts from Seller’s PaisaPay Account balance. If Seller does not have a balance that is sufficient to cover Seller’s liability, Seller’s remaining balance (if any) will be removed, Seller’s PaisaPay Account will have negative balance up to the amount of Seller’s liability, and Seller will be required to immediately reimburse eBay through an alternative method. If Seller does not do so, eBay may engage in collection efforts to recover such amounts from Seller. 

8. Holds:

  • Risk-Based Holds. eBay, in its sole discretion, may place a hold on any or all of the payments Seller receives when eBay believes there may be a high level of risk associated with Seller, Seller Account, or any or all of Seller’s transactions. eBay’s determination may be based on different factors and eBay may rely on information it receives from third parties. If eBay places a hold on a payment, the funds will appear as pending balance or withheld and the payment status will indicate the hold. If eBay places a hold on any or all of the payments Seller receives, eBay will provide you with notice of our actions. eBay will release the hold on any payment after 30 Days from the date the payment was received into your Account unless eBay has a reason to continue to hold the payment such as (a) the receipt of a Dispute, Claim, Chargeback, or Reversal, (b) eBay believes that Seller has violated the terms of this Agreement or any other eBay Policy and that such a violation results in the need to continue holding the funds, or (c) eBay believes that Seller may be engaging in potentially fraudulent or suspicious activity and/or transactions. In such an event, eBay may continue holding the payment in your Account until the matter is resolved pursuant to this Agreement. eBay, in its sole discretion, may release the hold earlier under certain circumstances, for example when Seller uploads tracking information of the item Seller shipped.

  • Disputed Transaction Holds. If a User files a Dispute, Claim, Chargeback or Reversal on a payment Seller received, eBay may place a temporary hold on the funds in Seller’s PaisaPay Account to cover the amount of the liability. If a dispute is resolved in favor of Seller or the transaction is eligible for eBay Seller Protection, eBay will lift the temporary hold. If dispute is not resolved in favor of Seller, eBay will remove/debit the funds from Seller’s PaisaPay Account. This process also applies to any claim that a buyer files directly with eBay through the eBay Guarantee* program.

9. No Interest:

eBay is only a facilitator of collection and remittance of Transaction Price. No interest or any benefits whatsoever is given to or can be claimed by the Buyer on Transaction Price collected by eBay through PaisaPay Facility.

10. Data Privacy:

The personal information / data provided by Buyer to PaisaPay Facility during the course of a Transaction will be treated as strictly confidential and retained in accordance with the eBay Privacy Policy and applicable laws and regulations including but not limited to Information Technology Act 2000 and rules there under. Our current Privacy Policy is available at http://pages.ebay.in/help/policies/privacy-policy.html If you object to your Information being transferred or used in this way please do not use the Website.

11. Disclaimer:

All Transactions are on principal to principal basis and bipartite contracts between the Buyer and the Seller. eBay, by providing PaisaPay Facility, does not in any way become a party to the Transaction.  PaisaPay Facility is only a payment processing, collection and remittance facility provided on the eBay Website and by providing such a facility eBay or eBay’s India Affiliate is neither involved in the buying and selling of goods and/or services on the eBay Website nor is responsible for any non-performance or breach of any contract entered into between the Buyer and Seller. Any claim for refund of the amount paid through PaisaPay Facility for any reason whatsoever {except for when Buyer has informed eBay that the Buyer has not received the Delivery within the time period agreed mentioned in PaisaPay Rules and Polices (including any subsequent changes as made on PaisaPay Facility), and eBay through PaisaPay Facility has refunded or initiated the refund of Transaction Price to the Buyer} shall be to the account of the Seller and eBay shall not be responsible for the same.

12. Your Consent:

By using the Site and/ or by providing your information, you consent to the collection and use of the information you disclose on the Site by eBay in accordance with eBay Privacy Policy.

Authorization to Call Seller; Mobile Telephone Numbers and Recording Calls. 

By providing eBay a telephone number (including a mobile telephone number), Seller consents to receiving calls, including autodialed and prerecorded messages from eBay at that number. If eBay determines that a telephone number Seller has provided to us is a mobile telephone number, we may categorize it as such in our systems and in Seller Account Profile, and Seller consents to receive text messages from us about Seller’s use of the eBay or PaisaPay Services at that number.

13. Limit on volume of Transactions:

eBay reserves the right to impose limits on the number of Transactions or Transaction Price which eBay may receive from on an individual Valid Credit/ Debit/ Cash Card / Valid Bank Account/ paymate/ oxicash / zipcash/ mobile wallets referred by any name including any other payment methods  or options or infrastructure, compliance with applicable laws and regulations for the time being in force and as may be introduced from time to time either directly through Bank(s) or any other financial instrument directly or indirectly through Payment Aggregator(s) or through any facility that is duly authorized by or in compliance with regulations/guidelines issued by the Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual Buyer during any time period, and reserves the right to refuse to process Transactions exceeding such limit.

Reject / hold processing of Transactions:

eBay reserves the right to refuse to process Transaction Price in respect of Transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with eBay or breach / violation of any law or any charges imposed by Issuing Bank or breach of any policy of any other eBay website or other websites directly or indirectly controlled by eBay Inc. of USA.

eBay may do such checks as it deems fit before approving the receipt of/ buyers commitment to pay (for Cash On Delivery transactions) Transaction Price from the Buyer for security or other reasons at the discretion of eBay. As a result of such check if eBay is not satisfied with the creditability of the Buyer or genuineness of the Transaction / Transaction Price, it will have the right to reject the receipt of / buyers commitment to pay Transaction Price.

eBay may delay notifying the PaisaPay Payment Confirmation as mentioned in PaisaPay Rules and Policies i.e. informing Seller to Dispatch, if eBay deems suspicious or for Buyers conducting high Transaction volumes to ensure safety of the Transaction and Transaction Price. In addition, eBay may, through PaisaPay Facility, hold Transaction Price and eBay may not inform Seller to Dispatch or remit Transaction Price to law enforcement officials (instead of refunding the same to Buyer) at the request of law enforcement officials or in the event the Buyer is engaged in any form of illegal activity.

The Buyer and Seller acknowledge that eBay will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction / Transaction Price or any delay in processing a Transaction / Transaction Price which is beyond control of eBay.

14. Delays:

PaisaPay Facility excluding COD is an automated and electronic facility. eBay shall make reasonable efforts to ensure that requests for electronic debits and credits involving Issuing Bank are informed to the Nodal Bank in a timely manner. However, a number of factors, several of which are outside of eBay’s control (including without limitation actions of Issuing Bank, Nodal Bank and the bank or credit / debit/ cash card/ paymate/ oxicash / zipcash / mobile wallets referred by any name including any other payment methods or options or infrastructure, compliance with applicable laws and regulations for the time being in force and as may be introduced from time to time either directly through Bank(s) or financial instrument(s) or directly or indirectly through Payment Aggregator(s) or through any facility that is duly authorized by or in compliance with regulations/guidelines issued by the Reserve Bank of India to provide enabling support facility for collection and remittance of payment where the Transaction Price is remitted / refunded), may contribute to delays when the Transaction Price are either collected or remitted by eBay through PaisaPay Facility. eBay neither makes any representations nor makes any warranties regarding the amount of time needed to complete processing, including delays in the banking system and nor shall eBay be liable for any actual or consequential damages arising from any claim of delay.

15. Compliance with Laws:

Buyer and Seller shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment ) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using PaisaPay Facility and eBay Website.

16. Grievance Officer:

In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer is published on the Website.

17. Buyer’s arrangement with Issuing Bank:

All Valid Credit / Debit/ Cash Card/ paymate/ oxicash / zipcash / mobile wallets referred by any name including any other payment methods or options or infrastructure or any other financial instrument directly or indirectly through Payment Aggregator(s) or through any facility that is duly authorized by or in compliance with regulations/guidelines issued by the Reserve Bank of India to provide enabling support facility for collection and remittance of payment for transactions are processed using a Credit Card payment gateway or appropriate payment system infrastructure. All Credit / Debit/ Cash Card / paymate/ oxicash / zipcash / mobile wallets referred by any name including any other payment methods or options or infrastructure, compliance with applicable laws and regulations for the time being in force and as may be introduced from time to time either directly through Bank(s) or financial institution(s) or indirectly through Payment Aggregator(s) or through any facility that is duly authorized by or in compliance with regulations/guidelines issued by the Reserve Bank of India to provide enabling support facility for collection and remittance of payment for transactions on PaisaPay Facility will also be governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank and payment instrument issuing company.

All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support PaisaPay Facility to provide these services to the Registered Users. All such Online Bank Transfers on PaisaPay Facility are also governed by the terms and conditions agreed to between Buyer and the respective Issuing Bank.

If any clause of the PaisaPay User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the PaisaPay User Agreement or eBay UA or PaisaPay Seller Terms and Conditions. 

This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable as amended by the Information Technology (Amendment) Act 2008 and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

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