Payment Terms
Payments Terms of Service
Please read these Payments Terms of Service
(“Payments Terms”) carefully as they contain important information about your
legal rights, remedies and obligations. By using the Payment Services (as
defined below), you agree to comply with and be bound by these Payments Terms.
Please note: Clause 21 of these Payments Terms
contains an arbitration clause.
Last Updated: 1st July 2019
These Payments Terms constitute a legally binding
agreement (“Agreement”) between you and AirAttix Storage Pvt. Ltd.
governing the Payment Services (defined below) conducted through or
in connection with the AirAttix Platform.
When these Payments Terms mention “AirAttix Payments,” “we,” “us,”
or “our,” it refers to the AirAttixStorage
Pvt. Ltd
(hereinafter “AirAttix” for the sake of
convenience)
The AirAttix Terms of
Service (“AirAttix Terms”) separately
govern your use of the AirAttix Platform. All
capitalized terms have the meaning set forth in the AirAttix
Terms unless otherwise defined in these Payments Terms.
Our collection and use of personal information in
connection with your access to and use of the Payment Services is described in AirAttix’s
Privacy policy.
1.
Scope and Use of the Payment Services
1.1 AirAttix Payments
provides payments services to Users, including payment collection services,
payments and payouts, in connection with and through the AirAttix
Platform (“Payment Services”).
1.2 AirAttix Payments may
temporarily and under consideration of the Users’ legitimate interests (e.g.,
by providing prior notice), restrict the availability of the Payment Services,
or certain services or features thereof, to carry out maintenance measures that
ensure the proper or improved functioning of the Payment Services. AirAttix Payments may improve, enhance and modify the
Payment Services and introduce new Payment Services from time to time. AirAttix Payments will provide notice to Users of any
changes to the Payment Services, unless such changes do not materially increase
the Users’ contractual obligations or decrease the Users’ rights under these
Payments Terms.
1.3 The Payment Services may contain links to
third-party websites or resources (“Third-Party Services”). Such
Third-Party Services are subject to different terms and conditions and privacy
practices and Users should review them independently. AirAttix
Payments is not responsible or liable for the availability or accuracy of such
Third-Party Services, or the content, products, or services available from such
Third-Party Services. Links to such Third-Party Services are not an endorsement
by AirAttix Payments of such Third-Party Services.
1.4 Your access to or use of certain Payment
Services may be subject to, or require you to accept, additional terms and
conditions. If there is a conflict between these Payments Terms and terms and
conditions applicable for a specific Payment Service, the latter terms and
conditions will take precedence with respect to your use of or access to that
Payment Service, unless specified otherwise.
2. Key Definitions
“Payout” means a payment initiated by AirAttix Payments to a User for services (such as Listing
Fees) performed in connection with the AirAttix
Platform.
“Payment Method” means a financial
instrument that you have added to your AirAttix
Account, such as a credit card, debit card, etc.
“Payout Method” means a financial instrument
that you have added to your AirAttix Account, such as
a PayPal account, direct deposit, a prepaid card, or a debit card (where
available).
3. Modification of
these Payments Terms
AirAttix
Payments reserves the right to modify these
Payments Terms at any time in accordance with this provision. If we make
changes to these Payments Terms, we will post the revised Payments Terms on the
AirAttix Platform and update the “Last Updated” date
at the top of these Payments Terms. We will also provide you with notice by
email of the modification at least fifteen (15) days before the date they
become effective. If you disagree with the revised Payments Terms, you may
terminate this Agreement with immediate effect. We will inform you about your
right of refusal and your right to terminate this Agreement in the notification
email. If you do not terminate your Agreement before the date the revised Terms
become effective, your continued use of the Payment Services will constitute
acceptance of the revised Payments Terms.
4. Eligibility,
User Verification
4.1 You must be at least 18 years old and able to
enter into legally binding contracts to use the Payment Services. By using the
Payment Services you represent and warrant that you are 18 or older.
4.2 AirAttix Payments may
make access to and use of certain areas or features of the Payment Services
subject to certain conditions or requirements, such as completing a verification
process or meeting specific eligibility criteria.
4.3 We may make inquiries we consider necessary to
help verify or check your identity or prevent fraud. Towards this end, you
authorize AirAttix Payments to screen you against
third party databases or other sources and request reports from service
providers. In some jurisdictions, we have a legal obligation to collect
identity information to comply with anti-money laundering regulations. This may
include (i) asking you to provide a form of
government identification (e.g., driver’s license or passport), your date of
birth, your address, and other information; (ii) requiring you to take steps to
confirm ownership of your email address, Payment Methods or Payout Methods; or
(iii) attempting to screen your information against third-party databases. AirAttix Payments reserves the right to close, suspend, or
limit access to the Payment Services in the event we are unable to obtain or
verify any of this information.
5.1 In order to use the Payment Services, you must
have an AirAttix Account in good standing. If you or AirAttix closes your AirAttix
Account for any reason, you will no longer be able to use the Payment Services.
5.2 You may authorize a third party to use your AirAttix Account in accordance with the AirAttix
Terms. You acknowledge and agree that
anyone you authorize to use your AirAttix Account may
use the Payment Services on your behalf and that you will be responsible for
any payments made by such person.
6. Payment Methods
and Payout Methods
6.1 We may, and retain the right to, initiate
refunds of these amounts from your Payout Method. When you add a Payment Method
during checkout, we will automatically save that Payment Method to your AirAttix Account so it can be used for a future
transaction.
6.2 Please note that Payment Methods and Payout
Methods may involve the use of third-party payment service providers. These
service providers may charge you additional fees when processing payments and
Payouts in connection with the Payment Services (including deducting charges
from the Payout amount), and AirAttix Payments is not
responsible for any such fees and disclaims all liability in this regard. Your
Payment Method or Payout Method may also be subject to additional terms and
conditions imposed by the applicable third-party payment service provider;
please review these terms and conditions before using your Payment Method or
Payout Method.
6.3 You authorize AirAttix
Payments to store your Payment Method information and charge your Payment
Method as outlined in these Payments Terms. If your Payment Method’s account
information changes (e.g., account number, expiration date) as a result of
re-issuance or otherwise, you hereby agree to notify the same to AirAttix immediately failing which AirAttix
reserves every right to terminate your account or take other appropriate
actions.
6.4 You are solely responsible for the accuracy and
completeness of your Payment Method and Payout Method information. AirAttix Payments is not responsible for any loss suffered
by you as a result of incorrect Payment Method or Payout Method information
provided by you.
7.1 Generally
Generally speaking, AirAttix
Payments will collect the Total Fees as per the terms and conditions agreed
upon (inclusive of service charge and relevant taxes levied by the AirAttix platform) from a Customer at the time the
Customer’s booking request is accepted by the host, or at any other time
mutually agreed between the Customer and AirAttix
Payments.
7.2. Payouts
7.2.1 In order to receive a Payout you must have a
valid Payout Method linked to your AirAttix Account. AirAttix Payments will generally initiate Payouts to your
selected Payout Method: (i)
The
host will receive the payment on the fifth working day after commencement of
the booking in case of the goods storage.
(ii) In case of car park rental the host will receive the payment within
24 hours if the agreement is upto or less than 7 days . If the agreement duration is more than 7 days then
the host will receive the payment on the fifth working day.
7.2.2 The time it takes to receive Payouts once
released by AirAttix Payments may depend upon the
Payout Method you select and the Payout Method provider’s processing schedule. AirAttix Payments may delay or cancel any Payout for
purposes of preventing unlawful activity or fraud, risk assessment, security,
or investigation.
7.2.3 In the event of a Customer’s cancellation of
a confirmed booking, AirAttix Payments will remit a
Payout of any portion of the Total Fees due to you under the applicable
cancellation policy.
7.2.4 AirAttix Payments
will remit your Payouts in INR only.
7.2.5 For compliance or operational reasons, AirAttix Payments may limit the value of each individual
Payout. If you are due an amount above that limit, AirAttix
Payments may initiate a series of Payouts (potentially over multiple days) in
order to provide your full payout amount.
8. Financial Terms
for Customers
8.1 You authorize AirAttix
Payments to charge your Payment Method the Total Fees as per the terms and
conditions agreed upon for any booking requested in connection with your AirAttix Account. AirAttix
Payments will collect the Total Fees in the manner agreed between you and AirAttix Payments via the AirAttix
Platform. AirAttix Payments will generally collect
the Total Fees after the host accepts your booking request. Once the payment
transaction for your requested booking is successfully completed, you will
receive a confirmation email.
8.3 If a requested booking is cancelled either
because it is not accepted by the Host or you cancel the booking request before
it is accepted by the Host, any amounts collected by AirAttix
Payments will be refunded to you, and any pre-authorization of your Payment
Method will be released (if applicable). The timing to receive the refund or
for the pre-authorization to be released will vary based on the Payment Method
and any applicable payment system (e.g., Visa, MasterCard, etc.) rules.
8.4 You authorize AirAttix
Payments to perform the Payment Method verifications described in Sections 6
and 8, and to charge your Payment Method for any bookings made in connection
with your AirAttix Account. You hereby authorize AirAttix Payments to collect any amounts due, by charging
the Payment Method provided at checkout, either directly by AirAttix
Payments or indirectly, via a third-party online payment processor, and/or by
one or more of the payment methods available on the AirAttix
Platform.
9. Appointment of AirAttix Payments as Limited Payment Collection Agent
9.1 Each User collecting payment for services
provided via the AirAttix Platform (such as Host
Services) (“Providing User”) hereby appoints AirAttix
Payments as the Providing User’s payment collection agent solely for the
limited purpose of accepting funds from Users opting for/ availing such
services (“Availing Users”).
9.2 Each Providing User agrees that payment made by
an Availing User through AirAttix Payments, shall be
considered the same as a payment made directly to the Providing User, and the
Providing User will provide the availed services to the Availing User in the
agreed-upon manner as if the Providing User has received the payment directly
from the Availing User. Each Providing User agrees that AirAttix
Payments may refund the Availing User in accordance with Clause 12 of this policy. Each Providing User understands that AirAttix Payments’ obligation to pay the Providing User is
subject to and conditional upon successful receipt of the associated payments
from Availing Users. AirAttix Payments guarantees
payments to Providing Users only for such amounts that have been successfully
received by AirAttix Payments from Availing Users in
accordance with these Payments Terms. In accepting appointment as the limited
payment collection agent of the Providing User, AirAttix
Payments assumes no liability for any acts or omissions of the Providing User.
9.3 Each Availing User acknowledges and agrees
that, notwithstanding the fact that AirAttix Payments
is not a party to the agreement between you and the Providing User, AirAttix Payments acts as the Providing User’s payment
collection agent for the limited purpose of accepting payments from you on
behalf of the Providing User. Upon your payment of the funds to AirAttix Payments, your payment obligation to the Providing
User for the agreed upon amount is extinguished, and AirAttix
Payments is responsible for remitting the funds to the Providing User in the
manner described in these Payments Terms, which constitute AirAttix
Payments’ agreement with the Availing User. In the event that AirAttix Payments does not remit any such amounts, the
Providing User will have recourse only against AirAttix
Payments and not the Availing User directly.
10.1 Fees
10.1.1 AirAttix Payments
may charge fees for use of certain Payment Services and any applicable fees
will be disclosed to Users via the AirAttix Platform.
10.1.2 If the agreement is less than or equal to 3
months then the customer will have to pay the entire booking amount in advance
and if the agreement duration if
of more
than 3 months then in that case Airattix will levy a charge equivalent to the three months
booking amount, meaning here by the customer agrees to make quarterly payments
of the booking amount.In both cases service charge and the relevant taxes added
in proportion.
10.2 Payment Authorizations
You authorize AirAttix
Payments to collect from you amounts due pursuant to these Payment Terms or the
AirAttix Terms. Specifically, you authorize AirAttix Payments to collect from you:
·
Any amount due to AirAttix
(e.g., as a result of your bookings, Booking Modifications, cancellations, or
other actions as a Customer, or user of the AirAttix
Platform), including reimbursement for costs prepaid by AirAttix
on your behalf, if any, by charging any Payment Method on file in your AirAttix Account (unless you have previously removed the
authorization to charge such Payment Method(s)) or by withholding such amounts
from your future Payouts. Any funds collected by AirAttix
Payments will set off the amount owed by you to AirAttix
and extinguish your obligation to AirAttix.
·
Any amount due to a Providing User from an Availing
User which AirAttix
collects as the Providing User’s payment collection agent as further set out in
Section 9 above.
·
Taxes, where applicable and as set out in the AirAttix Terms.
·
Any Service Fees or cancellation fees imposed
pursuant to the
AirAttixTerms
(e.g., if, as a Host, you cancel a confirmed
booking). AirAttix Payments will be entitled to
recover the amount of any such fees from you, including by subtracting such
refund amount out from any future Payouts due to you or take such appropriate
steps as per terms and conditions or any other AirAttix
policies.
·
Fees improperly paid to you as a Host. If, as a
Host, your Customer cancels a confirmed booking or AirAttix
decides that it is necessary to cancel a confirmed booking, and AirAttix issues a refund to the Customer in accordance with
clause 12 of this policy, you agree that in the event you have already been
paid, AirAttix Payments will be entitled to recover
the amount of any such refund from you, including by subtracting such refund
amount out from any future Payouts due to you.
·
Fees, costs and/or expenses associated with a
Damage Claim, as set out in the AirAttix Terms. If AirAttix Payments is unable to collect from your Payment
Method used to make the booking, you agree that AirAttix
Payments may charge any other Payment Method on file in your AirAttix Account at the time of the Damage Claim (unless
you have previously removed the authorization to charge such Payment
Method(s)). AirAttix Payments also reserves the right
to otherwise collect payment from you and pursue any remedies available to AirAttix Payments in this regard in situations in which you
are responsible for a Damage Claim pursuant to the AirAttix
Terms.
In addition to any amount due as outlined above, if
there are delinquent amounts or chargebacks associated with your Payment
Method, you may be charged fees that are incidental to our collection of these
delinquent amounts and chargebacks. Such fees or charges may include collection
fees, convenience fees or other third-party charges.
10.3 Refunds:
10.3.1 Any refunds or credits due to a User pursuant
to the AirAttix Terms will be initiated and
remitted by AirAttix Payments in accordance with
these Payments Terms.
10.3.2 AirAttix Payments
will process refunds within 96-120 hours (i.e., 4-5 working days) after the
booking has been cancelled, however, the timing to receive any refund will vary
based on the Payment Method and any applicable payment system (e.g., Visa,
Mastercard, etc.) rules.
10.3.3 AirAttix will
process refunds as stipulated in clause 12 of this Payment Policy.
10.4 Payment Processing Errors
We will take steps to rectify any payment
processing errors that we become aware of. These steps may include crediting or
debiting (as appropriate) the same Payout Method or Payment Method used for the
original Payout to or payment by you, so that you end up receiving or paying
the correct amount. This may be performed by AirAttix
Payments or a third party such as your financial institution. In some cases, AirAttix reserves the right to use any other different
payout method to process payments.
10.5 Collections
10.5.1 If AirAttix
Payments is unable to collect any amounts you owe under these Payments Terms, AirAttix Payments may engage in collection efforts to
recover such amounts from you.
10.5.2 You hereby explicitly agree that all
communication in relation to amounts owed will be made by electronic mail or by
phone, as provided to AirAttix and/or AirAttix Payments by you. Such communication may be made by
AirAttix, AirAttix
Payments, or by anyone on their behalf, including but not limited to a third-party
collection agent.
11.1 You as a Customeragree to pay the Host if any
damage is caused to the host premises because of the nature of the good. AirAttix shall not be liable in any case to compensate the
host for the loss suffered. It is the responsibility of the host to check the
condition, nature of the goods at the time of storage. Host also hereby agrees
that if any damage is caused due to nature or condition of the goods then the
host shall only make a claim against the customer and airattix
shall not be liable for any damage caused to the host premises.
11.2 If, any time during the subsistence of the
Agreement between the host and the customer, the goods stored by the customer are
damaged due to acts, actions, or omissions, etc of the Host, then in that case the
host is liable to pay for the compensation/ damages as per the actual market
value of the goods after a claim to that effect has been put up by the customer
with photographs in accordance. The customer can mail his claim on
legal@airattix.com
. The claim uploaded by the customer will be only
for the sake of records of the company and Airattix
will not act as a mediator for the compensation recovery process and the issue
has to be resolved by the host and the customer by and between themselves
amicably.
12. REFUND AND CANCELLATION:
12.1 One month is to be considered as 30 days for
the purpose of enforcement of the agreement between the host and the customer.
For the purpose of enforcement of any of the AirAttix
Policies, check in time shall be 10:00 am and check out time will be 09:00 am
on any particular day for all the bookings.
12.2
Cancellation of agreement by the customer:
12.2.1 If the customer cancels the agreement 48 hours prior to the
commencement of the booking for storage space and 24 hours prior for parking
space, then the entire booking amount will be refunded to the customer except
for the service charge levied by the AirAttix
Platform.
12.2.2 If the customer cancels the agreement within 48 hours of the
commencement of the booking for storage space and within 24 hours for the
parking space then in that case the refund amount will be based on following
terms.
·
If the agreement is for duration for not more than a
month (<1 month) then in that case the customer will not be entitled for any
refund.
·
If the agreement is more than one month’s duration,
then in that case the customer will not be entitled for any refund for the
month in which the customer terminates the agreement. For the subsequent
month/s the customer shall receive a total refund of 25% of the booking amount
paid by the customer for the subsequent month/s after deducting the necessary
service charge levied by AirAttix.
12.3
Premature termination by the Customer
12.3.1 If the agreement is for a duration of a month or less (<1
month) and if the customer terminates the agreement after commencement of the
agreement duration, then the customer shall not be liable to any refund
whatsoever.
12.3.2 If the agreement is for a duration of
more than 1 month then if in case any time after commencement of the agreement
the customer terminates the said agreement then customer shall not be entitled
for any refund for the month in which he terminates the agreement. The customer
shall only be entitled to refund of the amount paid by the customer for the
successive months. The Service charge paid to AirAttix
against the booking will not be refunded in any case.
12.3.3 if the agreement is for a duration of more than one month and in
case the customer terminates the agreement before the expiry of the said
agreement without paying the booking amount/ instalments for the subsequent
month/s, then in that case the customer shall be liable to pay AirAttix 50% of the total booking amount due for the
subsequent months within 7 days from the date on which
such intimation is sent by AirAttix to customer on
his registered email address.
12.3.4 If the outstanding amount is not paid by the customer within the
prescribed time, then the customer gives AirAttix
every right to recover the said outstanding amount and to
temporarily/permanently delete the account of the customer on the AirAttix platform for such breach.
12
.4 Cancellation of the agreement by the host:
12.4.1 If the host cancels the
agreement within 48 hours, prior to the commencement of the agreement then the
entire booking amount paid by the customer shall be refunded to the customer
except the service charge. Also the host will be liable to comply by the
following things:
·
The host will be liable to pay 25% of the booking
amount to Airattix which may be adjusted in his
subsequent listings;
·
The host’s listing calendar for the cancelled
agreement period will be blocked meaning thereby the host shall not be able to
accept any other booking till the duration agreed by the customer and the host
in the cancelled agreement is expired.
·
If the host wishes to justify the reasoning behind
cancellation of the agreement, then the host may write to
legal@airattix.com
. AirAttix reserves the right to verify the authenticity and
to take such necessary action against the host, if any, based on the
authenticity of the information provided by the host.
12.5 Premature Termination by the Host:
12.5.1
If
the host, after commencement of the booking duration, cancels the booking
before the expiry of the said booking, then in that case, the host agrees to
reimburse all amount received by the host against his/her listing for a
particular month for which the hosts terminates the booking prematurely, within
7 days from the date on which the host receives invoice from
AirAttix
for reimbursement on the
registered email ID of the host. In case of storage space an additional charge
of Rs. 1,000/- shall be levied and included in the reimbursement invoice by AirAttix towards the transportation cost incurred by the
customer due to the such premature termination.
12.5.2
The
customer will receive a complete refund of the rent amount paid in advance against
the booking amount for the month in which the agreement is terminated and the subsequent months.
The Service charge paid to AirAttix against the
booking will not be refunded in any case. The customer will receive Rs. 1000/-
in addition recovered from the host as a penalty for transportation charges.
12.5.3
The
host’s listing calendar for the terminated agreement period will be blocked,
meaning thereby the host shall not be able to accept any other booking till the
duration agreed by the customer and the host in the terminated agreement is
expired
12.5.4
If the host fails to reimburse the said
amount within stipulated time then the host gives every right to AirAttix to recover the amount from the host by exhausting
all legal remedies at the disposal of AirAttix and to
block and/or remove the account of the host from the AirAttix
platform till the amount is recovered.
12.5.5
If
in case during the subsistence of the agreement, the host terminated the
agreement before the expiry of the agreement due to bona fide reasons, then in
that case the customer agrees to remove his goods/vehicle and handover the
peaceful and vacant possession of the storage/ parking space to the host within
5 working days from the date of such termination.
12.5.6
The
customer hereby agrees that the customer alone will be responsible for finding
any other alternate storage/parking space and also agrees to bear
transportation charges in such cases.
12.6
In certain circumstances, AirAttix may decide, in its sole discretion, that it is
necessary to cancel a pending or confirmed booking and initiate corresponding
refunds and payouts. This may be for reasons (i)
where AirAttix believes in good faith, while taking
the legitimate interests of both parties into account, this is necessary to
avoid significant harm to AirAttix, other Members,
third parties or property, or (ii) for any of the reasons set out in these
Terms.
You are solely responsible for compliance with any
and all laws, rules, regulations, and tax obligations that may apply to your
use of the Payment Services. In connection with your use of the Payment
Services, you may not and you agree that you will not and will not assist or
enable others to:
-
breach or circumvent any
applicable laws or regulations, agreements with third parties, third-party
rights, or the AirAttix Terms,
Policies or Standards;
-
use the Payment Services for
any commercial or other purposes that are not expressly permitted by these
Payments Terms;
-
register or use any Payment
Method or Payout Method with your AirAttix
Account that is not yours or you do not have authorization to use;
-
avoid, bypass, remove,
deactivate, impair, descramble, or otherwise circumvent any technological
measure implemented by AirAttix Payments or any
of AirAttix Payments’ providers or any other
third party to protect the Payment Services;
-
take any action that damages
or adversely affects, or could damage or adversely affect, the performance
or proper functioning of the Payment Services;
-
attempt to decipher,
decompile, disassemble, or reverse engineer any of the software used to
provide the Payment Services; or
-
violate
or infringe anyone else’s
rights or otherwise cause harm to anyone.
14. Intellectual
Property Ownership, Rights Notices
14.1 The Payment Services are protected by
copyright, trademark, and other applicable laws. You acknowledge and agree that
the Payment Services, including all associated intellectual property rights,
are the exclusive property of AirAttix, AirAttix Payments and its licensors. You will not remove,
alter or obscure any copyright, trademark, service mark or other proprietary
rights notices incorporated in or accompanying the Payment Services. All
trademarks, service marks, logos, trade names, and any other proprietary
designations of AirAttix or AirAttix
Payments used on or in connection with the Payment Services are trademarks or
registered trademarks of AirAttix or AirAttix Payments in India. Trademarks, service marks,
logos, trade names, and any other proprietary designations of third parties
used on or in connection with Payment Services are used for identification
purposes only and may be the property of their respective owners.
14.2 You will not use, copy, adapt, modify, prepare
derivative works based upon, distribute, license, sell, transfer, publicly
display, publicly perform, transmit, broadcast, or otherwise exploit the
Payment Services, except as expressly permitted in these Payments Terms. No
licenses or rights are granted to you by implication or otherwise under any
intellectual property rights owned or controlled by AirAttix,
AirAttix Payments, or its licensors, except for the
licenses and rights expressly granted in these Payments Terms.
We welcome and encourage you to provide feedback,
comments, and suggestions for improvements to the Payment Services
(“Feedback”). You may submit Feedback by emailing us, through the “Contact”
section of the AirAttix Platform. Any Feedback you
submit to us will be considered non-confidential and non-proprietary to you. By
submitting Feedback to us, you grant us a non-exclusive, worldwide,
royalty-free, irrevocable, sub-licensable, perpetual license to use and publish
those ideas and materials for any purpose, without compensation to you.
16.1 If you choose to use the Payment Services, you
do so voluntarily and at your sole risk. To the maximum extent permitted by
law, the Payment Services are provided “as is”, without warranty of any kind,
either express or implied.
16.2 Notwithstanding AirAttix
Payments’ appointment as the limited payment collection agent of Providing
Users for the purposes of accepting payments from Availing Users through the AirAttix Platform, AirAttix
Payments explicitly disclaims all liability for any act or omission of any User
or other third party. AirAttix Payments does not have
any duties or obligations as agent for each Providing User except to the extent
expressly set forth in these Payments Terms, and any additional duties or
obligations as may be implied by law are, to the maximum extent permitted by
applicable law, expressly excluded.
16.3 If we choose to conduct identity verification
on any User, to the extent permitted by applicable law, we disclaim warranties
of any kind, either express or implied, that such checks will identify prior
misconduct by a User or guarantee that a User will not engage in misconduct in
the future.
16.4 The foregoing disclaimers apply to the maximum
extent permitted by law. You may have other statutory rights or warranties
which cannot lawfully be excluded. However, the duration of any statutorily
required warranties shall be limited to the maximum extent (if any) permitted
by law.
You acknowledge and agree that, to the maximum
extent permitted by law, the entire risk arising out of your access to and use
of the Payment Services remains with you. If you permit or authorize another
person to use your AirAttix Account in any way, you
are responsible for the actions taken by that person. Neither AirAttix Payments nor any other party involved in creating,
producing, or delivering the Payment Services will be liable for any
incidental, special, exemplary, or consequential damages, including lost
profits, loss of data or loss of goodwill, service interruption, computer
damage or system failure or the cost of substitute products or services, or for
any damages for personal or bodily injury or emotional distress arising out of
or in connection with (i) these Payments Terms, (ii)
from the use of or inability to use the Payment Services, or (iii) from any
communications, interactions, or meetings with other Users or other persons
with whom you communicate, interact, transact, or meet with as a result of your
use of the Payment Services, whether based on warranty, contract, tort
(including negligence), product liability, or any other legal theory, and
whether or not AirAttix Payments has been informed of
the possibility of such damage, even if a limited remedy set forth herein is
found to have failed of its essential purpose.
To the maximum extent permitted by applicable law,
you agree to release, defend (at AirAttix Payments’
option), indemnify, and hold AirAttix Payments and
its affiliates and subsidiaries, and their officers, directors, employees, and
agents, harmless from and against any claims, liabilities, damages, losses, and
expenses, including, without limitation, reasonable legal and accounting fees,
arising out of or in any way connected with (i) your
breach of these Payments Terms; (ii) your improper use of the Payment Services;
(iii) AirAttix Payments’ Collection and Remittance of
Occupancy Taxes; or (iv) your breach of any laws, regulations, or third-party
rights.
19. Termination,
Suspension, and other Measures
19.1 This Agreement will continue unless and until
it is terminated, suspended or other measures are taken as described in this
Section 20.
19.2 You may terminate this Agreement at any time
by following the termination procedures specified in the AirAttix
Terms. Terminating this Agreement will also serve as notice to cancel your AirAttix Account pursuant to the AirAttix
Terms. If you cancel your AirAttix Account as a Host,
AirAttix Payments will provide a full refund to any
Customers with confirmed booking(s). If you cancel your AirAttix
Account as a Customer, AirAttix Payments will
initiate a refund for any confirmed booking(s) based on the Listing’s
cancellation policy.
19.3 Without limiting our rights specified below, AirAttix Payments may terminate this Agreement for
convenience at any time by giving you thirty (30) days' notice via email to
your registered email address.
19.4 AirAttix Payments
may immediately, without notice terminate this Agreement if (i) you have materially breached your obligations under this
Agreement; (ii) you have provided inaccurate, fraudulent, outdated, or
incomplete information; (iii) you have violated applicable laws, regulations,
or third-party rights; or (iv) AirAttix Payments
believes in good faith that such action is reasonably necessary to protect
other Users, AirAttix, AirAttix
Payments, or third parties.
19.5 In addition, AirAttix
Payments may limit or temporarily or permanently suspend your use of or access
to the Payment Services (i) to comply with applicable
law, or the order or request of a court, law enforcement, or other
administrative agency or governmental body, or if (ii) you have breached these
Payments Terms, the AirAttix Terms, applicable laws,
regulations or third-party rights, (iii) you have provided inaccurate,
fraudulent, outdated, or incomplete information regarding a Payment Method or
Payout Method, (iv) any amounts you owe under these Payments Term are overdue
or in default, or (v) AirAttix Payments believes in
good faith that such action is reasonably necessary to protect the personal
safety or property of AirAttix, its Users, AirAttix Payments, or third parties, or to prevent fraud or
other illegal activity.
19.6 In case of non-material breaches and where
appropriate, you will be given notice of any measure by AirAttix
Payments and an opportunity to resolve the issue to AirAttix
Payments' reasonable satisfaction.
19.7 If you are a Host and we take any of the measures
described in this Section we may refund your Customers in full for any and all
confirmed bookings, irrespective of pre-existing cancellation policies, and you
will not be entitled to any compensation for pending or confirmed bookings that
were cancelled.
19.8 If your access to or use of the Payment
Services has been limited or this Agreement has been terminated by us, you may
not register a new AirAttix Account or attempt to
access and use the Payment Services through other an AirAttix
Account of another User.
20. Applicable Law
and Jurisdiction
These Payments Terms will be interpreted in
accordance with the laws of India. Any dispute arising from or in connection
with these Payments Terms shall be submitted to legal@airattix.com. The seat
and venue of arbitration shall be ‘Pune’. The arbitration proceedings shall be
conducted in English. The arbitral award rendered is final and binding upon
both parties. Each party shall bear its own costs in relation to the
arbitration.
21. Dispute
Resolution and Arbitration Agreement
21.1 This Dispute Resolution and Arbitration
Agreement shall apply if you (i) are contracting with
AirAttix; or (ii) bring any claim against any AirAttix Payments
21.2 Overview of Dispute Resolution Process.
AirAttix Payments is committed to participating in a
consumer-friendly dispute resolution process. To that end, these Payments Terms
provide for a two-part process for individuals to whom Section 21.1 applies:
(1) an informal negotiation directly with AirAttix’s
customer service team, and (2) a binding arbitration administered by the
arbitrator duly appointed by AirAttix.
-
Claims can be filed at
legal@airattix.com
and our nominated Legal Advisor will get back to you regarding your
claim
;
-
Arbitrators must disclose
any bias, interest in the result of the arbitration, or relationship with
any party;
-
The seat of the arbitration
shall be in Pune, India;
-
The arbitrator can grant any
remedy that the parties could have received in court to resolve the
party’s individual claim.
21.3
Pre-Arbitration Dispute Resolution and
Notification
. Prior to initiating an arbitration,
you and AirAttix Payments each agree to notify the
other party of the dispute and attempt to negotiate an informal resolution to
it first. We will contact you at the email address you have provided to us; you
can contact AirAttix’s customer service team by
emailing us. If after a good faith effort to negotiate one of us feels the
dispute has not and cannot be resolved informally, the party intending to
pursue arbitration agrees to notify the other party via email prior to
initiating the arbitration. In order to initiate arbitration, a claim must be
filed with the arbitrator as stated in clause 21.2.
21.4 Agreement to Arbitrate.
You and AirAttix Payments
mutually agree that any dispute, claim or controversy arising out of or
relating to these Payments Terms or the applicability, breach, termination,
validity, enforcement or interpretation thereof, or to the use of the Payment
Services (collectively, “Disputes”) will be settled by binding individual
arbitration (the “Arbitration Agreement”). If there is a dispute about whether
this Arbitration Agreement can be enforced or applies to our Dispute, you and AirAttix Payments agree that the arbitrator will decide
that issue.
21.5 Exceptions to Arbitration Agreement.
You and AirAttix Payments each agree that the
following claims are exceptions to the Arbitration Agreement and will be
brought in a judicial proceeding in a court of competent jurisdiction: (i) Any claim related to actual or threatened infringement,
misappropriation or violation of a party’s copyrights, trademarks, trade
secrets, patents, or other intellectual property rights; (ii) Any claim seeking
emergency injunctive relief based on exigent circumstances (e.g., imminent
danger or commission of a crime, hacking, cyber-attack).
21.6 Arbitrator’s Decision. The
arbitrator’s decision will include the essential findings and conclusions upon
which the arbitrator based the award. Judgment on the arbitration award may be
entered in any court with proper jurisdiction. The arbitrator may award
declaratory or injunctive relief only on an individual basis and only to the
extent necessary to provide relief warranted by the claimant’s individual
claim.
21.7 SeverabilityIn the event that any
portion of this Arbitration Agreement is deemed illegal or unenforceable, such
provision shall be severed and the remainder of the Arbitration Agreement shall
be given full force and effect.
21.8 Changes. Notwithstanding the
provisions of Section 3 (“Modification of these Payments Terms”), if AirAttix Payments changes this Section 21 (“Dispute
Resolution and Arbitration Agreement”) after the date you last accepted these
Payments Terms (or accepted any subsequent changes to these Payments Terms),
you may reject any such change by sending us written notice (including by
email) within thirty (30) days of the date such change became effective, as
indicated in the “Last Updated” date above or in the date of AirAttix Payments’ email to you notifying you of such
change. By rejecting any change, you are agreeing that you will arbitrate any
Dispute between you and AirAttix Payments in
accordance with the provisions of the “Dispute Resolution” section as of the
date you last accepted these Payments Terms (or accepted any subsequent changes
to these Payments Terms).
21.9 Survival. Except as provided in
Section 21.7 and subject to Section 19.7, this Section 21 will survive any
termination of these Payments Terms and will continue to apply even if you stop
using the Payment Services or terminate your AirAttix
Account.
22.1 Except as they may be supplemented by
additional terms and conditions, policies, guidelines, or standards, these
Payments Terms constitute the entire Agreement between AirAttix
Payments and you regarding the subject matter hereof, and supersede any and all
prior oral or written understandings or agreements between AirAttix
Payments and you regarding the Payment Services.
22.2 No joint venture, partnership, employment, or
agency relationship exists between you or AirAttix
Payments as a result of this Agreement or your use of the Payment Services.
22.3 If any provision of these Payments Terms is
held to be invalid or unenforceable, such provision will be struck and will not
affect the validity and enforceability of the remaining provisions.
22.4 AirAttix Payments’
failure to enforce any right or provision in these Payments Terms will not
constitute a waiver of such right or provision unless acknowledged and agreed
to by us in writing. Except as expressly set forth in these Payments Terms, the
exercise by either party of any of its remedies under these Payments Terms will
be without prejudice to its other remedies under these Payments Terms or
otherwise permitted under law.
22.5 You may not assign, transfer, or delegate this
Agreement and your rights and obligations hereunder without AirAttix
Payments’ prior written consent. AirAttix Payments
may without restriction assign, transfer, or delegate this Agreement and any
rights and obligations, at its sole discretion, with thirty (30) days’ prior
notice. Your right to terminate this Agreement at any time remains unaffected.
22.6 This Agreement does not and is not intended to
confer any rights or remedies upon any person other than the parties.
Notwithstanding the foregoing, the parties agree that the payment card networks
are third-party beneficiaries of this Agreement for purposes of enforcing
provisions related to payments, but that their consent or agreement is not
necessary for any changes or modifications to this Agreement.
22.7 Unless specified otherwise, any notices or
other communications permitted or required under this Agreement, will be in
writing and given by AirAttix Payments via email, AirAttix Platform notification, or messaging service.
23. Additional Clauses for Users that are Businesses
The following paragraphs also apply if you are
using the Payment Services as a representative (“Representative”) acting
on behalf a business, company or other legal entity (in such event, for
purposes of the Payment Terms, “you” and “your” will refer and apply to that
business, company or other legal entity).
23.1 You accept the Payment Terms and you will be
responsible for any act or omission of employees or third-party agents using
the Payment Service on your behalf.
23.2 You and your Representative individually
affirm that you are authorized to provide the information described in section
6 above and your Representative has the authority to bind you to these Payment
Terms. We may require you to provide additional information or documentation
demonstrating your Representative’s authority.
23.3 You represent and warrant to us that: (i) you are duly organized, validly existing and in good
standing under the laws of India and that you are registering for receiving the
Payment Services; and (ii) you have all requisite right, power, and authority
to enter into this Agreement, perform your obligations, and grant the rights,
licenses, and authorizations in this Agreement.
23.4 If you are using your Payment Method for the
benefit of your employees or other authorized third-party in connection with AirAttix for Work, as permitted by your account, you
authorize AirAttix Payments to charge your Payment
Method for bookings requested by employees at your company or other permitted
third-party.
23.5 For any Payout Method linked to your AirAttix Account, you authorize AirAttix
Payments to store the Payout Method, remit payments using the Payout Method for
bookings associated with your AirAttix Account and
take any other action as permitted in the Payment Terms in respect of the Payout
Method.
23.6 You agree that if you are using AirAttix platform for or on behalf of any legal entity,
company or business, then appropriate tax will be levied by AirAttix
for your use of the platform.
24. Contacting AirAttix
Payments
You may contact AirAttix
Payments regarding the Payment Services using the information below:
Contact hotline number : 1800-532-8899 (From 10am to 6pm)
or
email us at info@airattix.com