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This document/agreement/understanding is a computer-generated electronic record published in terms of Rule 3 of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (amended from time to time) read with Information Technology Act, 2000 (amended from time to time) and does not require any physical or digital signatures.
These terms, including annexures and links provided herein, govern your use of any products or services mentioned on the Pabbly website, as well as any other linked pages, API keys, features, content, or application services (including, but not limited to, any mobile application or mobile site services) (“Website”) owned and operated by MagnetBrains LLC (hereinafter referred to as “Magnet Brains”), a company incorporated under the provisions of the Companies Act, 1956, with its registered office located at MagnetBrains LLC, 16192 Coastal Hwy, Lewes, Delaware, 19958, United States, and Magnet Brains Software Technology Pvt. Ltd, a company incorporated under the provisions of the Indian Companies Act, 2013, having its registered office at E-3/49, 3rd Floor, Arera Colony, Bhopal, Madhya Pradesh, India 462016.
In this agreement, the terms “We,” “Us,” and “Our” refer to Magnet Brains. The terms “You,” “Yours,” “Yourself,” or “Merchant” refer to any non-registered individual or corporate body, including but not limited to registered users of Magnet Brains, including Magnet Brains merchants.
The term “Applicable Laws” shall encompass (i) any law, statute, rule, regulation, order, circular, decree, directive, judgment, decision, or other similar mandates of any applicable central, national, state, or local governmental/regulatory authority with competent jurisdiction and force of law over you, us, or the subject matter in question, as may be amended from time to time, and (ii) shall, without limitation, include any notification, circular, directive, or other similar instruction issued by the “Financial Sector Regulators,” including but not limited to the Reserve Bank of India (RBI), as well as the rules, regulations, roles, responsibilities, and processes defined by NPCI, which can be found on their website www.npci.org.in.
Before You may use the Website, You must read all of these General Terms of Use and the Specific Terms of Use ( defined below ) (hereinafter together referred to as the “ Terms ”) and the Privacy Policy provided on the Website. By using Magnet Brains and its affiliates’ products, software, services, and the Website or by availing any products offered by Magnet Brains’s partner institutions/lending partners, banks, financial institutions, NPCI, and technology service providers, card payment networks, (“ Facility Providers ”) or third parties (“ Services” ), You understand and agree that Magnet Brains will treat Your use of the Services as acceptance of these Terms from such point of usage. You agree that Magnet Brains reserves the right to update the Services from time to time.
You acknowledge and agree that all references to “Magnet Brains” shall mean the Magnet Brains affiliate for the Specific Terms of Use. You further agree that any claims relating to or arising from the Specific Terms of Use shall be brought solely against such Magnet Brains affiliates providing Services. Magnet Brains shall have no liability in respect of the same. You may not use the Services if You do not accept the Terms. If you do not agree to be bound by these Terms and the Privacy Policy, You may not use the Website in any way. It is strongly recommended for You to return to this page periodically to review the most current version of the Terms in force. Magnet Brains reserves the right at any time, at its sole discretion, to change or otherwise modify the Terms without prior notice, and Your continued access or use of the Website signifies Your assent/ratification of the updated or modified Terms. If You object to these Terms or any subsequent modifications to these Terms in any way, Your only recourse is to immediately terminate use of the Website. We may require You to agree to additional terms (if any) in connection with specific services that You may avail from time to time. The Services provided by Magnet Brains through the Website are available and are appropriate only for use in India.
1.1. You acknowledge and agree that Magnet Brains owns all rights, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether registered or not). You further acknowledge that the Services may contain information which is designated confidential by Magnet Brains and that You shall not disclose such information without Magnet Brains prior written consent.
1.2. Magnet Brains grants You a personal, non-exclusive, non-transferable, limited privilege to avail the Services and make personal use of the Website and/or the Services. This license does not confer any right to download, copy, create a derivative work, modify, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sub-license, grant a security interest in or otherwise transfer any right in the Services. You do not have the right to use any of Magnet Brains trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. You do not have the right to remove, obscure, or alter any proprietary rights notices (including trademark and copyright notices), which may be affixed to or contained within the Services. You will not copy or transmit any of the Services.
2.1. You shall register to become a user of the Website only if You are of the age of 18 or above and can enter into binding contracts as per Applicable Laws. You are responsible for maintaining the secrecy of Your passwords, login and account information. You will be responsible for all use of the Website and/ or Services by You and anyone using Your password and login information (with or without our permission). You are responsible for maintaining the confidentiality of any login information and secure access credentials associated with Your Magnet Brains account. Accordingly, You are responsible for all activities that occur under Your account/in using Your secure credentials and Magnet Brains shall not be liable for any such change or action performed by using Your secure credentials on the Website.
2.2. You also agree to provide true, accurate, current and complete information about Yourself as and when prompted by the Website. If You provide any information that is untrue, inaccurate, not updated or incomplete (or becomes untrue, inaccurate or incomplete), or Magnet Brains has reasonable grounds to suspect that such information is untrue, inaccurate, not updated or incomplete, Magnet Brains shall have the right to suspend or terminate Your account and/or refuse any and all current or future use of the Website (or any portion thereof) or Services in connection thereto.
2.3. By making use of the Website, and furnishing Your contact details, You hereby agree that You are interested in knowing more or availing and/or purchasing various products, services that Magnet Brains or any other third party may offer to /provide to /share with /send to You from time to time through any means including but not limited to telephone, SMS (short messaging service), electronic mail (e-mail), whatsapp or any other messaging service/mobile application or any other physical, electronic or digital means/mode. You hereby agree that Magnet Brains may contact You either electronically or through phone, to understand Your interest in the selected products and Services and to fulfil Your demand or complete Your application. Further, You also expressly agree and authorize Magnet Brains, its partners, service providers, vendors and other third parties to contact You for the purpose of (i) offering or inviting Your interest in availing other products or services offered by third parties, or (ii) for sending other marketing campaigns, offers, or any other information either on the Website or through other means including but not limited to telephone, SMS (short messaging service), electronic mail (e-mail), whatsapp or any other messaging service/mobile application or any other physical, electronic or digital means/mode.
2.4. You specifically understand and agree that by using the Website You authorize Magnet Brains, its affiliates, partners and third parties to contact You for any follow up calls in relation to the Services provided through the Website and/ or for offering or inviting Your interest in availing any other product or service offered by Magnet Brains or such third parties. You agree and consent to receive communications relating to all of the above on Your phone/mobile number (if any provided) by You on the Website and expressly waive any registration or preference made under DND/NCPR list under the applicable Telecom Regulatory Authority of India (TRAI) regulations.
2.5. You agree and authorize Magnet Brains to share Your information and make Your details available to its partner banks/financial institutions, its group companies, affiliates, vendors, service providers/Facility Providers and other third parties, in so far as required for providing various products and services and/or to provide You with various value-added services, in association with the Services selected by You or generally otherwise. You agree to receive communications through emails, telephone and/or SMS, from Magnet Brains or third parties. If You request not to receive such communication/marketing material any further, it shall be applicable prospectively only and shall not apply in respect to Your data already shared by Magnet Brains in accordance with this clause upon Your prior consent.
2.6. You agree and acknowledge that for undertaking any payment and/or financial transaction through the Website, Magnet Brains may undertake due diligence measures and seek information required for Know-Your- Customer (“ KYC ”) purpose which as a customer/merchant You are obliged to give in accordance with Applicable Laws. You agree and acknowledge that Magnet Brains can undertake enhanced due diligence measures (including any documentation), to satisfy itself relating to its due diligence requirements in line with the requirements and obligations under Applicable Laws. You are solely responsible for understanding and complying with all applicable laws of Your specific jurisdiction, including but not limited to the provisions of the RBI Guidelines on Regulation of Payment Aggregators and Payment Gateways, Payment and Settlement Systems Act, 2007, Prevention of M