Merchant Service Agreement This Service Provider Agreement “Agreement” is intended, executed and agreed upon by the following parties.
Merchant Company (“Merchant”), a company incorporated under the companies Act, 1956, having its registered office in India (hereinafter refered to as “Merchant” which expression shall unless repugnant to the subject or context shall mean and include its successors and permitted assigns) which has intended to utilize the MODE FASHIONS INDIA PRIVATE LIMITED of first part. And MODE FASHIONS INDIA PRIVATE LIMITED (“MFPay”), a company incorporated under the companies Act, 1956, having its registered office at , No405 Sri Tirumala Millenium Apts,Manikchand Road,Uppal,Uppal,Telangana,India,500076 , (which expression shall unless repugnant to the subject or context shall mean and include its successors and assigns); agree to the terms and conditions set out hereunder of the other part.


1) Acceptance of Terms
The utilization of services of MFPay (refered to as Services in this article) is dependent on the terms of a legal agreement between you and the MFPay . This page sets out details on how the agreement stands and lays down the terms of that agreement (referred as Terms of Services (TOS) in this article). The name MFPay is utilized exchangeable with MFPay.in To avail the use of MFPay services, you first need to stand in agreement to the Terms. You agree you have no right to the utilization of Services, if you do not accept the terms of use. If you wish to accept the Terms, you might do so by: Clicking on the accept button, after reading the agreement terms. This option is designed and made available to the users by the MFPay.in in the user interface for any particular service; or If you are already utilizing MFPay services, in which case, it is deemed that you understand and stand in agreement with the terms laid out. MFPay will treat your utilization of services as an acceptance to the agreement of the terms right from the point of the utilization of services.


2) Provision of the Services being offered by MFPay
MFPay continuously endevours to enhance services so as to offer better experience and information to users. Herewith, there could be changes in form and nature of services offered. You acknowledge and agree that the services of MFPay may change from time to time without prior information to you. You acknowledge that MFPay, as a process of its continuing evolvement, may stop (permanently or temporarily) providing the services (all or any of the features within the Services) to you or its users at MFPay’s sole discretion without any prior notice. You may stop utilizing the Services at any given time. There’s no necessicity to specificially inform MFPay when you stop utilizing the services.
You acknowledge and stand in agreement that if MFPay disables access to your account; you will not be privileged to access the services, your account details or any other files or conent which are contained in your account. You acknowledge and stand in agreement that MFPay presently may not hold any fixed upper limits of transmissions you may receive or send through the Services, however, MFPay holds the right to set such fixed upper limits at any given time in future at its own discretion.
When utilizing MFPay services, you also stand in agreement of the following disclaimer: MFPay disclaims any liability that may arise out of information that becomes outdated since its last updation of the piece on the application. MFPay holds the right to change or amend corrections to any of its content on the website without giving prior information to you.
If not explicitly mentioned, all pictures, data, information contained on this website are considered to be in the public domain, which may include promotional materials, publicity photos, photoshoot rejects, press media stock. In case you happen to be the copywright owner of any content on website and you consider the said material violates the Copyright act in any way, please send an email for a Takedown request (using Contact details on home page) to the webmaster under the terms of the Digital Millennium Copywrite Act, mentioning the precise URL. MFPay has digitised its images on webiste. No person or party reserves the right to replicate or republish these digital versions in any format whatsoever without the prior written permission from MFPay.

3) Users’ Services
To gain access to Services, it is necessary that you provide personal information about yourself (such as identification, contact details, place of residence, etc.). This constitutes a part of the registration process for utilizing the Service. You acknowledge and agree that whatever information provided by you to use the Service or the continuous use of Services is accurate and up-to- date.
You agree that you are only entitled to use the Services for purposes allowed by (a) the Terms and (b) any applicable law, regulations or generally accepted practices or guidelines in the relevant jurisdictions.You agree to utitlize data or any other material owned by MFPay (as existing on website or through means like API, etc) only for personal purposes. You shall at no point utilize the material for commercial purposes or gains unless earlier agreed with MFPay and have a written permission to do so.
You agree never to access or attempt to access any of the Services by way of other means and manners other than the MFPay’s interface. Unless, you have a separate agreement with MFPay to specifically perform certain actions. You agree that access or attempt to acess any of website’s content employing automated means (such as scripts, webcrawlers and others) and you will at all times comply with the directives in the any robot.txt files present on the Services.
You agree that you will not involve in activities or be a part of involvement by other parties that interferes with or disrupts the Services (or the servers and networks which are connected to the Services) You agree that you will not reproduce, copy, trade, trade or resell Services for any purpose without obtaining the explicit permission or having a separate agreement with MFPay.
You acknowledge and agree that you will be held responsible for any breach of obligations under the Terms as well for the consequences. This includes loss or damage to MFPay. If such an incident takes place, MFPay will not be responsible to you or any third party.You agree that all data provided on Services or otherwise will be utilized as per MFPay‘s Privacy Policy

4) Content in the Services
You must be aware that Content (including data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) offered to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to MFPay (or by other persons or companies on their behalf). You hold no rights to modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by MFPay or by the owners of that Content, either in writen consent or a separate agreement. MFPay holds the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any service.
You agree that MFPay reserves the right to moderate, publish, replicate, and use all user-generated contributions and comments (including but not limited to reviews, profile pictures, comments, likes, favorites, votes) as it may deem rightful and appropriate ( whether in whole or in part) for its product(s), whether owned or affiliated. MFPay is not liable to pay any kind of royalty to the user for re-publishing any of the content across any of its platforms.
You also agree that any material you submit on the website is by design granted the right to use, moderate, publish any such work worldwide for any of its product (s), whether owned or affiliated. You agree you are completely responsible for any content you create, transmit or display while using the Services and for the consequenes of your actions (including loss or damage which MFPay may suffer). MFPay has no responsibility to you or any third pary in such consequence of events.

5) Proprietary Rights
You acknowledge and agree that MFPay (or MFPay Licensors) hold all legal right, title and interest in and to the Services, including IPR ( Intellectual Property Rights) which exist in the Services (whether registered or not, and wherever in the world they may exist). You agree that the information in Services, which may be designated confidential, is not to be disclosed to other persons or parties without prior written consent from MFPay.
Unless, there is a written agreement with MFPay, you are not to use any of MFPay’s trade names, trade marks, service marks, logos, domain names and other distinctive brand features. This is not permitted as per the Terms.
Unless, there is a written authorization from MFPay Ray, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization which may raise doubts and confusion about the owner or authorized user of such marks, names or logos.

6) Exclusion of Warranties
Nothing in these terms, including sections 6 and 7, shall exclude or limit MFPay’s warranty or liability for losses which may not be lawfully excluded or limited by applicable law. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law.
You agree and acknowledge that your utilization of the services is at your own risk and the services are offfered “as is” and “as available”. Specifically, MFPay, its subsidiaries and affialiates, and its licensors do not represent or offer warranty to you that:

1. Your use of Services will meet your necessities or requirements
2. Your use of services will be seamless, uninterrupted, timely, secure or free from errors
3. There is no guarantee that the information you obtained as a result of the use of the services is accurate or reliable or trustworthy
4. That defects in the operations or functionality of any software provided to you as part of the services will be corrected.
Further, you acknowledge and agree that any material you download or obtain through the use of the Services is performed at your own risk and you will fully be responsible for any damage to your computer or loss of data that takes place. MFPay cannot be held responsible for such untoward incidents. No advice or information, whether oral or written, obtained by you from MFPay or through or from the services shall create any warranty not expressly stated in the terms.
MFPay further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.

7) Limitation of Liability
Subject too overall provision paraphrased above, you expressly understand and agree that MFPay, its subsidiaries and affiliates and its licensors shall not be aliable to you for:
Any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability… this shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss.
Any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of Any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the services
The deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the services
Your failure to provide MFPay with accurate account information
Your failure to keep your password or account details secure and confidential
The limitations on MFPay liability to you in paragraph 7 above shall apply whether or not MFPay has been advised of or should have been aware of the possibility of any such losses arising.

8) Advertising
A few of the services may be sustained by advertising revenue and may display advertisements. The advertisements may target the content of information stored on the Servies, queries made through the Services or other information.
MFPay may change its manner, mode and extent of advertising on the Services without giving any prior or specific notice to you.
In return for MFPay granting you access to and use of the services, you agree and acknowledge that MFPay may place its advertising on the services.

9) Authorization
By accepting the terms of this Agreement, you authorize us to hold, receive, disburse and settle funds on your behalf. Your authorization will permit us to create an electronic funds transfer between the payment System Providers and our Nodal Account to process each payment Transaction that you authorize. Thereafter, you authorize us to transfer the payments received from your Buyers to the bank account designated by you for this purpose at the time of registration. Your authorization will remain in full force and effect until your MFPay Account is closed or terminated.

10) Card Association Rules
“Card Association Rules” refer to the guidelines and processes established and defined by the Card Associations. These Card Associations have infrastructure and processes to enable transaction Authorization and they require you to comply with all applicable guidelines, rules, and regulations formulated by them.
The Card Associations hold the right to amend their guidelines, rules and regulations. We may be required to amend modify or change this Agreement in pursuant to amendments to the Card Association Rules and such amendments if any shall be deemed to be binding on the Users.
You agree and acknowledge to wholly complying with all programs, guidelines, requirements Associations. that may be Notwithstanding published our and/or assistance in mandated by the Card understanding the Card Association Rules, you expressly acknowledge and agree that you are assuming the risk of compliance with all provisions of the Card Association Rules, regardless of whether you are aware of or have access to those provisions. MasterCard, Visa and American Express make excerpts of their respective rules available on their internet sites.
In the event that your non-compliance of Card Association Rules, results in any fines, penalties or other amounts being levied on or demanded of us by a Card Association, then without prejudice to our other rights hereunder, you shall forthwith reimburse us in an amount equal to the fines, penalties or other amount so levied or demanded.

11) Settlements
On receipt of the Payments in the Nodal Account, we will endeavour to instruct the nodal bank to transmit the Payments payable to the Seller, afterdeducting our Fees, from the Nodal Account to the Seller’s designated bank account, within 2 (two) Business Days (or such other period as may be prescribed by the RBI from time to time) from Completion of Transaction. Subject to any other Clause of this Agreement and Completion of Transaction, the Seller acknowledges that we will settle the Payments only upon actual receipt of Payments in the Nodal Account and upon reconciliation of the Payments by the Acquiring Banks, our payment gateway and the nodal bank. The Seller will bear and be responsible and liable for the payment of all relevant taxes in relation to the Payments made under this Agreement. Sellers receive the amount (minus our charges) in their bank account within T+2 days where T is defined as the date of intimation of the completion of the transaction.
Once a payment is authenticated by Payment Service Providers, money is moved to MFPay Nodal Bank Account and the first settlement will be initiated only after all required documents (in hard copies) are received by MFPay.
All risks associated with the Delivery will be solely that of the Seller and not MFPay. Also, all disputes regarding quality, merchantability, non-Delivery, delay in Delivery or otherwise will be directly between the Seller and the Buyer without making MFPay and/or the Payment System Providers, a party to such disputes.

12. Prohibited Services
You agree you will not accept payments in connection with the following businesses, business activities or business practices:
1. embassies, foreign consulates or other foreign governments
2. door-to-door sales,
3. offering substantial rebates or special incentives to the Cardholder subsequent to the original purchase,
4. negative response marketing,
5. engaging in deceptive marketing practices,
6. sharing Cardholder’s data with another merchant for payment of up-sell or cross-sell product or service,
7. evading Card Network’s chargeback monitoring programs,
8. engaging in any form of licensed or unlicensed aggregation or factoring,
9. airlines,
10. age restricted products or services,
11. bail bonds,
12. bankruptcy lawyers,
13. bidding fee auctions,
14. collection agencies,
15. chain letters,
16. check cashing, wire transfers or money orders,
17. counterfeit goods (e.g. knock-offs, imitations, bootlegs)
18. currency exchanges or dealers,
19. firms selling business opportunities, investment opportunities, mortgage consulting or reduction, credit counselling, repair or protection or real estate purchases with no money down,
20. credit card and identity theft protection,
21. cruise lines,
22. essay mills,
23. flea markets (firms/individuals operating from a booth, on a part time basis with no lease or telephone availability; whether indoor or outdoors),
24. drug paraphernalia,
25. extended warranties,
26. fortune tellers,
27. “get rich quick” schemes;
28. gambling (including but not limited to lotteries, Internet gaming, contests, sweepstakes, or offering of prizes as an inducement to purchase goods or services),
29. sports forecasting or odds making,
30. illegal products or services,
31. mail-order brides,
32. marijuana dispensaries and related businesses,
33. money transmitters or money service businesses,
34. multi-level marketing or pyramid schemes,
35. online, mail, or telephone order pharmacies or pharmacy referral services,
36. prepaid phone cards, phone services or cell phones,
37. pseudo pharmaceuticals,
38. quasi-cash or stored value,
39. securities brokers,
40. sexually-oriented or pornographic products or services,
41. shipping or forwarding brokers,
42. substances designed to mimic illegal drugs,
43. telemarketing,
44. timeshares,
45. online, mail, or telephone order tobacco or e-cigarette sales,
46. weapons and munitions
47. virtual currency or credits that can be monetized, re-sold or converted to physical or digital goods or services or otherwise exit the virtual world,
48. Products/services intended to inflict or promote revenge, harassment, and other forms of abuse, humiliation and intimidation, or
49. Long-term subscriptions (i.e., two year, three year, lifetime, etc.).

13) Transaction Disputes
As per the Card Association Rules, Transactions may be disputed at anytime up to 180 (One Hundered Eighty) days, from the Transaction date by the Buyers. In terms of disputes resolved in favour of the Buyers, there may be reveral of Payments to the Buyers. In the event of rejection/suspension of Payments to the Seller, Chargebacks, refunds and/or any other dispute relating to the Transactions contemplated under this Agreement (“Disputed Transaction”), on any grounds whatsoever, we will forthwith notify the Seller of the same. On such notification the Seller will conduct an internal review of such matter and will, within 5 (five) days from receipt of notification, revert to us in writing either:
1. requesting us to refund (“Refund Request”) the Payment received by the Seller in respect of such Transaction (“Refund Monies”); or
2. Providing us with a statement explaining how the Disputed Transaction is not warranted together with all documentary evidence in support of contesting such Disputed Transaction. In the event that the Seller provides a Refund Request to us or fails to contest such Disputed Transaction within the aforesaid 5 (five) day period or contests Disputed Transaction without providing supporting documentation to ours, Payment System Providers, Card Association and/or Issuing Institution’s satisfaction, we will be entitled to recover theRefund Monies from credits subsequently made to the Nodal Account with respect to Payments made by the Seller’s Buyers.
In the event that we are unable to recover the Refund Monies as aforesaid, due to the amounts credited to the Nodal Account being lower than the Refund Monies, we will deduct the remaining Refund Monies from the Security Deposit and/or set-off the remaining Refund Monies against the future payables to the Seller and refund the same to the respective Buyers. The Seller will be liable to make payment of the Refund Monies or part thereof which has not been recovered by us forthwith. It is hereby agreed and acknowledged by the Parties that the Fees charged by us in respect of the Disputed Transaction will not be refunded or repaid by us to the Seller, Buyer or any other person.

14) Technical Issues & Delivery Policy
In case of encountering any technical issues, please raise a support ticket by emailing [email protected] or from your service dashboard to let us know of the same. Alternatively, you may also contact us on +91 70816 38496 in urgent matters. If the service is not delivered within 15 days of bank approval, you may terminate at any time after the said period and get a full refund.

15) Governing Law
This Agreement will be governed by and construed in accordance with the laws of India. The Users agree that any legal action or proceedings arising out of this courts/tribunals Agreement having may be jurisdiction brought in exclusively Bengaluru in in the competent India and irrevocably submit themselves to the jurisdiction of such courts / tribunals.