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.
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).
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.
4.1 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.
6.1 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.
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.
7.2.1 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.
8.1 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.
9.1 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.
10.1.1 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.
10.3.1 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.
10.5.1 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 firstname.lastname@example.org . 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 email@example.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.
14.1 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.
19.1 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.
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 firstname.lastname@example.org. 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.
21.1 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 email@example.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.
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 firstname.lastname@example.org