TERMS AND CONDITIONS OF USE:
Roundpay Techno Media Private Limited (the “Company”) operates a web/mobile application known as “Khata360 App” (the “App”), available on Google Play Store, iOS, and other similar platforms, as well as a website https://khata360.com/ (the “Website”). Together, the App and the Website are referred to as the “Platform”. These terms and conditions (“Terms”) govern the use of or access to the Platform and the Services (as defined below).
These Terms form a legally binding contract between the Company and any user (referred to as “you” or “User”) of the Services. By accessing or using the Platform, you signify your acceptance of these Terms. If you do not agree to all of these Terms, please do not access the Platform or use the Services.
SERVICES
The Platform provides Users with an online digital ledger book where they can record ledger entries with their customers (“Users”), and also allows Users to generate payment links for their customers to settle their dues (collectively, “Services”). These Services may include additional features and services provided by the Company in the future.
ONBOARDING
To use the Services, Users must create a profile (“Profile”) on the Platform using their email ID and phone number, among other details. Users are responsible for ensuring the accuracy of the information provided and must update their details promptly if there are any changes.
Users are responsible for maintaining the security of their username and password and must notify the Company immediately at [email protected] in case of any unauthorized use of their Profile.
Users agree to receive communications from the Company regarding transactions, payment requests, Service information, promotional offers, and other relevant matters.
KNOW YOUR CUSTOMER POLICY
Users may be required to upload KYC Documents to verify their eligibility for certain Services. The Company and its third-party service providers may process these documents in accordance with the Privacy Policy and these Terms.
Users agree to provide accurate and up-to-date KYC Documents and additional documents (“Top-Up Documents”) as required. Failure to provide correct information may result in limited or denied access to certain Services.
TRANSACTION INFORMATION
Users may upload Transaction Information related to their business transactions on the Platform, which may include details of sales, costs, and payments. Users must inform their customers about the use of the Platform for recording transactions and obtain necessary consents from customers regarding communication preferences.
THIRD PARTY SERVICES
The Platform may include Third Party Services or links to such services. Users acknowledge that these services are provided by third parties and agree that their use of Third Party Services is at their own risk. The Company disclaims all warranties related to Third Party Services.
USER RESPONSIBILITIES
Users are responsible for the accuracy of the information provided and must comply with all applicable laws. Users must not misuse the Services, infringe third-party rights, or engage in unlawful activities. Prohibited activities include but are not limited to sale of regulated goods, counterfeit products, tobacco, liquor, and engagement in illegal gambling.
The Company encourages Users to ensure compliance with anti-money laundering laws and accepts no liability for non-compliance.
INTELLECTUAL PROPERTY
All rights, title, and interest in and to the Platform and Services, including all intellectual property rights arising out of the Platform and Services, are owned by or otherwise lawfully licensed by the Company. Subject to compliance with these Terms, the Company grants the User a non-exclusive, non-transferable, non-sub licensable, royalty-free, revocable, and limited license to use the Platform and Services in accordance with these Terms and its written instructions issued from time to time.
Users should assume that everything they see or read on the Platform is protected under the Indian Copyright Act, 1957 and other intellectual property laws of India and may not be used except with the prior written permission of the Company.
The Company may freely use, copy, disclose, publish, display, and distribute without any payment of royalty, acknowledgement, prior consent, or any other form of restriction arising out of the User’s intellectual property rights. Except as stated in these Terms, nothing in these Terms should be construed as conferring any right in or license to the Company’s or any third party’s intellectual rights. The contents of this Platform, including but not limited to the text and images herein and their arrangements, unless otherwise noted, are copyright-protected in whole and in every part of this Platform and the same belongs to the Company and may not be used, sold, licensed, copied, or reproduced in whole or in part in any manner or form or on any media to any person without the prior written consent of the Company.
TERM AND TERMINATION
These Terms shall remain in effect unless terminated in accordance with the terms hereunder. The Company may terminate a User’s access to or use of the Services, or any portion thereof, immediately and at any point, at its sole discretion, if the User violates or breaches any of its obligations, responsibilities, or covenants under these Terms. Upon termination, these Terms shall terminate, except for those clauses that expressly or are intended to survive termination or expiry. Notwithstanding anything to the contrary contained in the Terms, upon termination of a User’s access to or use of the Services, all amounts or outstanding monies due by you in relation to your use of or access to the Services shall become immediately payable.
DISCLAIMERS AND WARRANTIES
The use of the Services is at your sole risk. You acknowledge and agree that the Company is not engaged in the provision, grant, or disbursement of any financial product. The Company is not and will not be responsible for any claim or for any damages suffered, whether by the Users, the customers of the Users, or any other person or party, that are related, directly or indirectly, to or arise out of the same, including any payments made by the User or by the customers of the User using the payment link generated using the Platform. The User further agrees and undertakes to retain proof of sale documentation (in electronic or physical form) in connection with each payment link it generates or sends to customers.
To the extent permitted by applicable law, the Services are provided on an “as is” and “as available” basis. The Company does not warrant that operation of the Services will be uninterrupted or error-free or that the functions contained in the Services will meet your requirements.
To the fullest extent permissible under applicable law, the Company expressly disclaims all warranties of any kind, express or implied, arising out of the Services, including warranties of merchantability, fitness for a particular purpose, satisfactory quality, accuracy, title, and non-infringement, compatibility, applicability, usability, appropriateness, and any warranty that may arise out of the course of performance, course of dealing, or usage of trade. You hereby accept full responsibility for any consequences that may arise from your use of the Services, and expressly agree and acknowledge that the Company shall have absolutely no liability with respect to the same.
To the fullest extent permissible by law, the Company, its affiliates, and its related parties each disclaim all liability to you for any loss or damage arising out of or due to:
- Your use of, inability to use, or availability or unavailability of the Services, including any Third Party Services;
- The occurrence or existence of any defect, interruption, or delays in the operation or transmission of information to, from, or through the Services, communications failure, theft, destruction, or unauthorized access to the Company’s records, programs, services, server, or other infrastructure relating to the Services; or
- The failure of the Services to remain operational for any period of time.
Notwithstanding anything to the contrary contained herein, neither the Company nor any of its affiliates or related parties shall have any liability to you or any third party for any indirect, incidental, special, or consequential damages or any loss of revenue or profits arising under, directly or indirectly, or relating, in any manner whatsoever, to these Terms or the Services. To the maximum extent permitted by law, you agree to waive, release, discharge, and hold harmless the Company, its affiliated and subsidiary companies, its parent companies, and each of their directors, officers, employees, and agents, from any and all claims, losses, damages, liabilities, expenses, and causes of action arising out of the Services.
INDEMNITY
You shall indemnify, defend at the Company’s option, and hold the Company, its parent companies, subsidiaries, affiliates, and their officers, associates successors, assigns, licensors, employees, directors, agents, and representatives, harmless from and against any claim, demand, lawsuits, judicial proceeding, losses, liabilities, damages, and costs (including, without limitation, from all damages, liabilities, settlements, costs, and attorneys’ fees) due to or arising out of your access to the Services, use of the Services, violation of these Terms or any infringement by any third party who may use your account with the Company, of these Terms.
CONSENT TO USE DATA:
You agree that the Company and any third-party service providers it engages, may, in accordance with its Privacy Policy, collect and use your information and technical data and related information. The Company may use information and data pertaining to your use of the Services for analytics, identification of trends, and statistical purposes to further enhance the effectiveness and efficiency of the Platform. Subject to applicable laws, the Company may be directed by law enforcement agencies or the government and related bodies to disclose data in relation to Users in connection with criminal proceedings. You understand and agree that in such instances, the Company shall have the right to share such data with relevant agencies or bodies.
MAINTENANCE OF RECORDS:
You shall maintain the records of all payment transactions on the Platform independently of the Platform (by way of physical copies, etc.) and the Company reserves the right to seek copies of such records for their own use including record-keeping.
FEES/CHARGES:
The Company reserves the right to charge a convenience fee for the Services and non-payment may result in denial of Services.
MODIFICATION:
The Company reserves the right at any time to add, modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without cause. The Company shall not be liable for any such addition, modification, suspension, or discontinuation of the Services.
JURISDICTION, GOVERNING LAWS, AND DISPUTE RESOLUTION:
These Terms shall be governed by and construed and enforced in accordance with the laws of India. Subject to other provisions in this Clause, courts in Bangalore shall have exclusive jurisdiction over all issues arising out of these Terms or the use of the Services.
Any controversies, conflicts, disputes, or differences arising out of these Terms shall be resolved by arbitration in Bangalore in accordance with the Arbitration and Conciliation Act, 1996 for the time being in force, which is deemed to be incorporated by reference in this Clause. The tribunal shall consist of 1 (one) arbitrator appointed by the Company. The language of the arbitration shall be English.
The parties to the arbitration shall keep the arbitration confidential and not disclose to any person, other than on a need-to-know basis or to legal advisors, unless required to do so by law. The decision of the arbitrator shall be final and binding on all the Parties hereto.
Each party to the arbitration shall bear its own costs with respect to any dispute.
MISCELLANEOUS PROVISIONS:
Modification – The Company reserves the right at any time to modify these Terms and to add new or additional terms or conditions on the use of the Services. Such modifications and additional terms and conditions will be communicated to you and, unless expressly rejected (in which these Terms shall terminate), will be effective immediately and will be incorporated into these Terms. In the event you refuse to accept such changes, these Terms will terminate.
Severability - If any provision of these Terms is determined by any court or other competent authority to be unlawful or unenforceable, the other provisions of these Terms will continue in effect. If any unlawful or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the clause, in which case the entirety of the relevant provision will be deemed to be deleted).
Assignment - You shall not license, sell, transfer or assign your rights, obligations, or covenants under these Terms in any manner without the Company’s prior written consent. The Company may grant or withhold this consent in its sole discretion and subject to any conditions it deems appropriate. The Company may assign its rights to any of its affiliates, subsidiaries, or parent companies, or to any successor in interest of any business associated with the Services without any prior notice to you.
Notices - All notices, requests, consents, claims, demands, waivers, or other communications under these Terms (each, a "Notice") must be in writing and addressed to the other party at its registered office (if it is a company) or its principal place of business (in any other case) or such other address as may be specified by the receiving party to the sending party in writing. Notices must be delivered by email, personally delivered or sent by registered post or a recognized courier service or such other manner and to such other address as specified in this clause 10.
ADDITIONAL INFORMATION:
For any questions or concerns regarding these Terms or the Services provided by Khata360, please contact us at [email protected].
These Terms are subject to change, and any updates will be posted on the Platform. Continued use of the Platform constitutes acceptance of the revised Terms.
Thank you for choosing Khata360. We are committed to providing you with secure and efficient digital ledger and payment solutions.