ScanPay User Service Agreement Updated: January 9 2020
YOU MUST AGREE TO THESE TERMS TO ENROLL FOR THE SERVICE PROVIDED BY THE SCANPAY AND DESCRIBED BELOW. BY AGREEING TO THESE TERMS, YOU ALSO AGREE TO THE TERMS OF THE SCANPAY PRIVACY POLICY (THE “PRIVACY POLICY”) REFERENCED IN SECTION 5 OF THESE TERMS AND THE SCANPAY E-SIGN DISCLOSURE AND CONSENT (THE “E-SIGN CONSENT”). THESE TERMS, ALONG WITH THE PRIVACY POLICY AND E-SIGN CONSENT, GOVERN YOUR USE OF THE SERVICE AND AFFECT YOUR LEGAL RIGHTS, INCLUDING REQUIRING MANDATORY INDIVIDUAL ARBITRATION OF DISPUTES. PLEASE READ THEM CAREFULLY.
The SCANPAY (referred to in this Agreement as “ScanPay,” “we,” “us,” or “our”) provides a service (the “Service”) that enables a convenient way to transfer money between you and others who are enrolled directly with a UPI App (PSP App defined by NPCI) or enrolled with a financial institution that partners with UPI or ScanPay (each, a “User”) using aliases, such as email addresses or mobile phone numbers. We refer to UPI Apps and financial institutions that have partnered with ScanPay or UPI as “Network Financial Institutions.” THE SERVICE IS INTENDED TO SEND MONEY TO FRIENDS, FAMILY, MERCHANTS AND OTHERS YOU TRUST. YOU SHOULD NOT USE THE SERVICE TO SEND MONEY TO RECIPIENTS WITH WHOM YOU ARE NOT FAMILIAR OR YOU DO NOT TRUST.
1. Description of Services
Amendments to this Service Agreement To be a User, you must (a) enroll with a Indian mobile phone number, and (b) have (i) a personal Indian checking or savings or current account, and/or (ii) and your financial institution must permit electronic funds transfers to and from that account. *Typically, when sending and receiving money with ScanPay, if the recipient is already enrolled in UPI, the money will be available in instantly. ScanPay does not handle the financial transaction and therefore is not liable for the settlement to the recipient. Your respective UPI App or your financial institution should be the point of contact for the support. When you enroll to use the Service or when you permit others to whom you have delegated to act on your behalf to use or access the Service, you agree to the terms and conditions of this Service Agreement. You represent that (a) you are at least 18 years of age, (b) you have the authority to authorize debits and credits to the enrolled bank account, and if applicable, (c) you are the authorized holder of the enrolled bank account. You agree that you will not use the Service to send money to anyone to whom you are obligated for tax payments, payments made pursuant to court orders (including court-ordered amounts for alimony or child support), fines, payments to loan sharks, gambling debts or payments otherwise prohibited by law, including without limitation, the prohibited uses described in Section 3 below, and you agree that you will not use the Service to request money from anyone for any such payments. We reserve the right to suspend or terminate your use of the Service if we believe that you are using the Service in a manner that exposes ScanPay and/or the Network Financial Institutions to liability, reputational harm or brand damage. When you enroll with ScanPay, you may establish one or more profiles. Each profile may be created with one or more aliases, such as your mobile phone number and/or email address and bank accounts. You may not establish more than one profile with the same mobile phone number or email address. When you enroll with ScanPay, we will link the mobile number you provide to your new profile. Other Users may send money to you or request money from you using that mobile number. If the email address that you provide when you enroll is not already linked to another profile that you may have enrolled with ScanPay then we will also link that email address to your new profile so that others may send money to and request money from you using your email address. Subject to applicable law, ScanPay may amend or change this Service Agreement (including any applicable fees and service charges) from time to time, in its sole discretion, by posting the updated terms on the ScanPay mobile app or ScanPay website (each referred to individually or collectively as, the “Site”). Please access and review this Service Agreement regularly. If you find the Service Agreement unacceptable to you at any time, promptly cancel your profile and enrollment with ScanPay and immediately discontinue your use of the Services. Your continued access of the ScanPay Site or use of the Services after any amendment, modification or change to the terms and conditions of this Service Agreement shall constitute your agreement and acceptance to such amendment, modification or change.
3. Prohibited Uses The Service is intended for personal, not business or commercial use. You agree that you will not use the Service to send or receive payments in connection with your business or commercial enterprise. We reserve the right to decline your registration if we believe that you are enrolling to use the Service with your business account or to receive business or commercial payments. We further reserve the right to suspend or terminate your use of the Service if we believe that you are using the Service for business or commercial purposes, or for any of the uses identified directly below. You agree that you will not use the Service to request, send or receive money related to any of the following:
4. Consent to Share Personal Information (Including Account Information) By accepting this Service Agreement, you consent to ScanPay’s disclosure of your personal information (including bank account information) to our Network Financial Institutions or other third parties for the following purposes:
5. Privacy and Information Security ScanPay makes security and the protection of your information a top priority. You can access ScanPay’s Privacy Policy at our website, which Privacy Policy is incorporated into and made a part of this Service Agreement by this reference.
6. Enrolling with ScanPay a. To participate as a User, you must first enroll with ScanPay. You must provide ScanPay with an email address that you regularly use and intend to use regularly (i.e., no disposable email addresses), an Indian mobile phone number that you intend to use for an extended period of time (i.e., no “burner” numbers), any KYC related documents and information we may need and we may ask you to provide your mailing address. You may not enroll in the Service with a landline phone number, Google Voice number, or Voice over Internet Protocol. b. You must enroll for the Service on the ScanPay mobile app through your mobile device. c. ScanPay requires you to use an email address or Indian mobile number as your username for access and to establish a password that meets the security requirements described on our Site. d. At enrollment, ScanPay will collect information from you necessary to verify your identity, which ScanPay will do to protect you, itself, the Network Financial Institution, and other financial institutions where you or the individual that you are receiving money from or sending money to holds an account, from fraud and to comply with applicable laws. ScanPay reserves the right to deny your enrollment or request additional information from you if you do not provide this information, if ScanPay cannot verify your identity or your bank account, or if ScanPay has concerns about fraud or security. e. ScanPay also may request additional information about you from time to time. ScanPay may cancel or suspend your enrollment or block a transaction if you do not provide this information, if ScanPay cannot verify your identity with the information you provide, or if ScanPay has concerns about fraud or security. f. Once enrolled: (1) You may authorize a debit of your account to send money to a User that is enrolled as a customer of a Network Financial Institution (including in response to a request of that customer); however, there are a limited number of Network Financial Institutions that may not be able to accept money from certain bank accounts issued by financial institutions that are not Network Financial Institutions. YOU MAY NOT SEND MONEY TO A USER THAT IS ENROLLED AS A CUSTOMER OF A FINANCIAL INSTITUTION THAT IS NOT A NETWORK FINANCIAL INSTITUTION. (2) You may receive money from a User that is enrolled as a customer of a Network Financial Institution. YOU MAY NOT RECEIVE MONEY FROM A USER THAT IS ENROLLED AS A CUSTOMER OF A FINANCIAL INSTITUTION THAT IS NOT A NETWORK FINANCIAL INSTITUTION. g. If at any time while you are enrolled, you do not send or receive money using the Service for a period of 18 consecutive months, we may contact you and/or take other steps to confirm that the mobile phone number or email address that you enrolled still belongs to you. If we are unable to confirm that you are the owner of the mobile phone or email address, then you understand that we may cancel your enrollment and you will not be able to send or receive money with the Service until you enroll again.
7. Consent to Emails and Automated Text Messages. By participating as a User, you represent to ScanPay that you are the owner of the email address, the mobile phone number, and/or other alias you enrolled, or that you have the delegated legal authority to act on behalf of the owner, of that email address, mobile phone number, and/or other alias to send or receive money as described in this Service Agreement. You consent to the receipt of emails or text messages from ScanPay , other Users that are sending you money or requesting money from you, and the Network Financial Institutions or their agents regarding the Services or related transfers between Network Financial Institutions and you. You agree that ScanPay, the Network Financial Institutions, or their respective agents may use automatic telephone dialing systems in connection with text messages sent to any mobile phone number you enroll. You further acknowledge and agree: a. You are responsible for any fees or other charges that your wireless carrier may charge for any related data, text or other message services, including without limitation for short message service. Please check your mobile service agreement for details or applicable fees. b. You will immediately notify us if any mobile phone number or email address you have enrolled is (i) surrendered by you, or (ii) changed by you. c. In the case of any messages that you may send through ScanPay or that ScanPay may send on your behalf to an email address or mobile phone number, you represent to ScanPay that you have obtained from the recipient of such emails or automated text messages consent to send such emails or text messages. You understand and agree that any emails or text messages that ScanPay sends on your behalf may include your name. d. Your wireless carrier is not liable for any delay or failure to deliver any message sent to or from ScanPay, including messages that you may send through ScanPay or that ScanPay may send on your behalf. See ScanPay’s Privacy Policy for how we treat your data.
9. Receiving Money; Money Transfers by Network Financial Institutions Once a User initiates a transfer of money to your email address or mobile phone number enrolled with the Service, you have no ability to stop the transfer. By using the Service, you agree and authorize our Network Financial Institutions to initiate credit entries to the bank account you have enrolled with ScanPay. Most transfers of money to you from other Users will occur within minutes. There may be other circumstances when the payment may take longer. For example, in order to protect you, ScanPay and the Network Financial Institutions, ScanPay may need additional time to verify your identity or the identity of the person sending the money. We may also delay or block the transfer to prevent fraud or to meet our regulatory obligations. If we delay or block a payment that you have initiated through a request for money, we will notify you in accordance with your notification preferences (i.e. email, text message, in-app notification). If you are receiving a payment from a business or government agency, your payment will be delivered in accordance with the terms and requirements of your financial institution and the procedures of the business or government agency that is sending you the payment. We have no control over the actions of other Users, the Network Financial Institution or other financial institutions that could delay or prevent a transfer of money to you.
10. Sending Money; Debits by Network Financial Institutions You may send money to another User at your initiation or in response to that User’s request for money. You understand that use of this Service by you shall at all times be subject to (i) this Service Agreement, (ii) your express authorization for a Network Financial Institution to initiate a debit entry to your bank account, and (iii) the terms and conditions of your account agreement with your financial institution. You understand that when you send the payment, you will have no ability to stop it. You may only cancel a payment if the person to whom you sent the money has not yet enrolled in the Service. If the person you sent money to has already enrolled with ScanPay, either in the ScanPay mobile app or with a Network Financial Institution, the money is sent directly to their bank account (except as otherwise provided below) and may not be canceled or revoked. We therefore recommend that you use the Service to send money only to people you know and trust. In most cases, when you are sending money to another enrolled User, the transfer will occur in minutes; however, there are circumstances when the payment may take longer. For example, in order to protect you, ScanPay and the Network Financial Institutions, we may need additional time to verify your identity or the identity of the person receiving the money. If you are sending money to a recipient that has not enrolled with ScanPay either in the ScanPay mobile app or with a Network Financial Institution, ScanPay will send that intended recipient an invitation to enroll. If that recipient is also not a customer of a Network Financial Institution, or if the recipient does not accept the invitation to enroll, then the money will not be sent. You understand and acknowledge that a person to whom you are sending money and who is not enrolled as a User may fail to enroll with ScanPay, or otherwise ignore the payment notification, and the transfer may not occur. The money may also be delayed or the transfer may be blocked by ScanPay to prevent fraud or comply with regulatory requirements. If ScanPay delays or blocks a transfer that you have initiated, ScanPay will notify you in accordance with your notification preferences (i.e. email, text message, in-app notification). If you have chosen to receive in-app notifications through ScanPay mobile application, ScanPay may send you both an in-app notification and an email to inform you that a payment that you initiated has been delayed or blocked. ScanPay has no control over the actions of other Users, the Network Financial Institution or other financial institutions that could delay or prevent your money from being delivered to the intended User.
11. Liability for Sending and Receiving Money Neither ScanPay nor the Network Financial Institutions shall have any liability to you for any transfers of money, including without limitation, (i) any failure, through no fault of ScanPay or the Network Financial Institutions, to complete a transaction in the correct amount, or (ii) any related losses or damages. We recommend that you send money only to friends, family and others that you know and trust. Neither ScanPay nor the Network Financial Institutions shall be liable for any typos or keystroke errors that you may make when using the Service. YOU UNDERSTAND AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ENTERING THE CORRECT MOBILE PHONE NUMBER OR EMAIL ADDRESS FOR THE PERSON THAT YOU ARE SENDING MONEY TO OR REQUESTING MONEY FROM, AND THAT YOU, NOT ScanPay OR THE NETWORK FINANCIAL INSTITUTIONS, ARE RESPONSIBLE FOR ANY AMOUNTS THAT ARE TRANSFERRED TO THE INCORRECT PERSON AS A RESULT OF YOU ENTERING THE INCORRECT MOBILE NUMBER OR EMAIL ADDRESS. You acknowledge that neither ScanPay nor the Network Financial Institutions shall have any liability for your failure to comply with the terms and conditions of your account agreement with your financial institution. THE SERVICE IS INTENDED FOR SENDING MONEY TO FAMILY, FRIENDS AND OTHERS YOU TRUST. YOU SHOULD NOT USE THE ScanPay SERVICE TO SEND MONEY TO PERSONS WITH WHOM YOU ARE NOT FAMILIAR OR YOU DO NOT TRUST. ScanPay DOES NOT OFFER A PROTECTION PROGRAM FOR AUTHORIZED PAYMENTS MADE WITH THE SERVICE (FOR EXAMPLE, IF YOU DO NOT RECEIVE THE GOODS OR SERVICES THAT YOU PAID FOR, OR THE GOODS OR SERVICES THAT YOU RECEIVED ARE DAMAGED OR ARE OTHERWISE NOT WHAT YOU EXPECTED).
12. Limitations on Transfers: Send Limits As a customer of a financial institution that is not a Network Financial Institution, ScanPay will limit the amounts you can send to another User when using the Services. ScanPay may, in its discretion, determine that you qualify for higher limits on the dollar amount and number of transactions. Send limits are not increased or decreased at the request of Users. In the event that your transfer exceeds a limit, you will be informed of the allowable amount you can transfer at that time.
13. Requesting Money You may request money from another User. You understand and acknowledge that Users to whom you send payment requests may reject or ignore your request. ScanPay does not guarantee that you will receive money from other Users by sending a payment request, or that you will receive the amount that you request. Neither ScanPay nor the Network Financial Institutions accept responsibility if the other User rejects or ignores your request, or sends you an amount is less than you request. If a User ignores your request, ScanPay may decide, in its sole discretion, that it will not send a reminder or repeat request to that User. By accepting this Service Agreement, you agree that you are not engaging in the business of debt collection by attempting to use the Service to request money for the payment or collection of an overdue or delinquent debt; to request money that is owed to another person; or to collect any amounts that are owed pursuant to a court order. You agree to indemnify, defend and hold harmless ScanPay, its owners, directors, officers, agents and the Network Financial Institutions from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of any request for money that you send that is related to overdue or delinquent amounts. You agree to receive money requests from others and to only send requests for legitimate and lawful purposes. Requests for money are solely between the sender and recipient and may not be reviewed or verified by ScanPay or the Network Financial Institutions. Neither ScanPay nor the Network Financial Institutions assume responsibility for the accuracy or legality of such requests and do not act as a debt collector on your behalf or on behalf of the sender of a request for money. We reserve the right, but assume no obligation, to terminate your ability to send requests for money in general, or to specific recipients, if we deem such requests to be potentially unlawful, abusive, offensive or unwelcome by the recipient.
14. Transaction Errors If you have a question about a transfer that you received or expected to receive, then you should contact the sender first and attempt to resolve the issue. ALL QUESTIONS ABOUT TRANSFERS THAT YOU INITIATED USING THE SERVICE SHOULD FIRST BE DIRECTED TO THE FINANCIAL INSTITUTION WHERE YOU HAVE YOUR ACCOUNT. We will not send you a periodic statement listing transfers facilitated through ScanPay . Those transfers will appear only on the statement issued by your financial institution. PLEASE RETAIN THE RECORDS FROM YOUR USE OF THE SERVICE AND CHECK THEM AGAINST THE STATEMENT YOU RECEIVE FROM YOUR FINANCIAL INSTITUTION. You understand that ScanPay hosts a centralized database of information to facilitate payments, but neither initiates nor processes electronic payments or transfers directly. ScanPay maintains a database of information and through the Service provides the Network Financial Institutions with information necessary to facilitate the transfer of money (“Messages”); however, ScanPay neither transfers, moves nor initiates the transfer or movement of money. ScanPay will determine whether there is an error in the database or whether an error occurred in the delivery of a Message related to the transaction and will correct any error promptly.For the purpose of this Service Agreement, “business days” means Monday through Friday, excluding national banking holidays.
15. Your Liability for Unauthorized Transfers Please immediately call your Network Financial Institutions YOU BELIEVE THAT YOUR ScanPay PASSWORD HAS BEEN STOLEN. THE MOBILE DEVICE THAT YOU HAVE USED TO ENROLL IN THE ScanPay MOBILE APP HAS BEEN LOST OR STOLEN. (FOR YOUR PROTECTION, WE RECOMMEND THAT YOU MAKE SURE YOU HAVE ENABLED A PASSWORD, FINGERPRINT OR FACIAL RECOGNITION ON YOUR MOBILE DEVICE.) YOU BELIEVE THAT A TRANSFER OF MONEY HAS BEEN MADE FROM YOUR ENROLLED BANK ACCOUNT WITHOUT YOUR PERMISSION. AN UNAUTHORIZED PERSON HAS DISCOVERED YOUR ScanPay PASSWORD OR ACCESSED THE ScanPay MOBILE APP ON YOUR MOBILE DEVICE AND MAY TRANSFER MONEY FROM YOUR ENROLLED BANK ACCOUNT USING THE ScanPay MOBILE APP WITHOUT YOUR PERMISSION. You need more information about a money transfer using the Service IF YOU BELIEVE THAT THE SERVICE HAS BEEN USED TO MAKE AN UNAUTHORIZED WITHDRAWAL FROM YOUR BANK ACCOUNT, OR IF YOUR BANK STATEMENT OR TRANSACTION RECORD REFLECTS AN ERROR IN A MONEY TRANSFER USING THE SERVICE, CONTACT YOUR FINANCIAL INSTITUTION. FAILURE TO NOTIFY YOUR FINANCIAL INSTITUTION DIRECTLY AND PROMPTLY MIGHT LIMIT YOUR RIGHTS UNDER YOUR ACCOUNT AGREEMENT AND APPLICABLE LAW. Emailing is the best way of keeping your possible losses down. The limit on your liability for unauthorized transfers are determined by the agreement between you and your financial institution.
16. Liability for Failure to Complete Transfers ScanPay and the Network Financial Institutions have no liability for your losses or damages:
The list of examples set out in this Section is meant to illustrate circumstances under which ScanPay would not be liable for a transfer not being completed and is not intended to list all of the circumstances where ScanPay would not be liable.
17. Correcting your Account Information. You have to contact the your Financial Institiution if you may find any errors that need to be corrected.
18. Fees ScanPay charges no fees for your use of the Service to complete transfers between Network Financial Institutions and you. However, ScanPay reserves the right to charge a fee in the future for any current Services, and ScanPay may develop new uses or other services for Users and a fee may apply for such other uses or services. You will be notified in advance of any fees in accordance with Section 2 above. Fees, when applicable, will be displayed prior to each use of Services. Please note that ScanPay has no responsibility for any fees that your financial institution or your mobile carrier may charge you in connection with your transactions through ScanPay.
19. Use of Our Site You agree to access the ScanPay Site in compliance with our Terms of Use, which are available at our website and incorporated into and made part of this Service Agreement by this reference.
20. Cancellation You may cancel your use of the Services at any time by deleting our app. Upon cancelling your use of the Service, we may retain your information in accordance with our Privacy Policy and as may be required to comply with applicable law.
21. ScanPay Right to Terminate Access Subject to applicable law, ScanPay may terminate or suspend this Service Agreement and your use of the ScanPay mobile app and Services, in whole or in part, at any time for any reason without cause and without prior notice. Any obligations or liabilities incurred by you prior to the date of termination shall survive the termination of this Service Agreement. You understand that at any time during the term of this Service Agreement your financial institution may become a Network Financial Institution and you may have the opportunity to continue as a User on the ScanPay mobile app and/or use the Service through the Network Financial Institution’s online site or mobile app. Subject to the terms and conditions of an agreement between ScanPay and your financial institution, ScanPay will provide you notice and further instructions relating to the continued access to the ScanPay mobile app and Service and/or instructions on how to enroll with your financial institution.
22. Disclaimer of Warranties EXCEPT AS OTHERWISE PROVIDED HEREIN, AND SUBJECT TO APPLICABLE LAW, ScanPay MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SERVICE. ScanPay EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SERVICE DESCRIBED OR PROVIDED. ScanPay DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
23. Limitation of Liability EXCEPT AS OTHERWISE PROVIDED HEREIN AND SUBJECT TO APPLICABLE LAW, IN NO EVENT WILL ScanPay, ITS OWNERS, DIRECTORS, OFFICERS, AGENTS OR NETWORK FINANCIAL INSTITUTIONS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SERVICE; (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE DESCRIBED OR PROVIDED, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (IV) ANY OTHER MATTER RELATING TO THE SERVICE DESCRIBED OR PROVIDED, EVEN IF ScanPay HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH ScanPay SERVICE OR WITH THE TERMS OF THIS SERVICE AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. IN THOSE STATES WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY, ANY LIABILITY OF ScnaPay, ITS OWNERS, DIRECTORS, OFFICERS AND AGENTS OR NETWORK FINANCIAL INSTITUTIONS IN THOSE STATES IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED ONE HUNDRED RUPEES.
24. Indemnification You acknowledge and agree that you are personally responsible for your conduct while using the ScanPay Service, and except as otherwise provided in this Service Agreement, you also agree to indemnify, defend and hold harmless ScanPay, its owners, directors, officers, agents and Network Financial Institutions from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Services, or any violation by you of the terms of this Service Agreement.
25. Governing Law; Choice of Law; Severability This Service Agreement will be governed by and construed under the laws of New Delhi, excluding only its conflict of law provisions, and shall inure to the benefit of ScanPay successors and assigns, whether by merger, consolidation or otherwise. By using the Site, you hereby submit to the exclusive jurisdiction of the courts within New Delhi, and waive any jurisdictional venue or inconvenient forum objections to such courts. You further agree to comply with any applicable national, state and local laws in your use of the Services. If any provision of this Service Agreement is found to be unenforceable for any reason by a court of competent jurisdiction, that provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law. The remaining provisions of this Service Agreement will not be affected thereby, and each of those provisions will be valid and enforceable to the full extent permitted by law.
26. Agreement to Arbitrate and Class Action Waiver. ANY AND ALL CLAIMS OR DISPUTES BETWEEN US RELATING IN ANY WAY TO THESE TERMS, OUR PRIVACY POLICY, OR THE SCANPAY SERVICE MUST BE RESOLVED IN BINDING ARBITRATION RATHER THAN IN COURT. IN ARBITRATION THERE IS NO JUDGE OR JURY, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. THE ARBITRATOR CAN AWARD ANY DAMAGES OR RELIEF ON YOUR INDIVIDUAL CLAIM THAT A COURT OF LAW COULD, INCLUDING INDIVIDUAL INJUNCTIVE RELIEF AND ATTORNEYS’ FEES WHEN AVAILABLE UNDER THE GOVERNING LAW. AS SET FORTH IN THE CLASS ACTION WAIVER BELOW, ALL ARBITRATIONS WILL BE CONDUCTED ON AN INDIVIDUAL BASIS, AND THERE SHALL BE NO CLASS ACTIONS IN ARBITRATION. Notwithstanding this Agreement to Arbitrate, you and ScanPay may choose to bring individual claims or disputes in a small claims court, provided that they fall within that court’s jurisdiction. You may opt out of this Agreement to Arbitrate, and the Class Action Waiver, by notifying us in writing of your intention to do so. CLASS ACTION WAIVER. ALL CLAIMS AND DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS. YOU WAIVE ANY ABILITY TO PARTICIPATE IN A CLASS ACTION AS A CLASS REPRESENTATIVE OR AS A CLASS MEMBER. THERE WILL BE NO CLASS ACTIONS, REPRESENTATIVE ACTIONS, OR CONSOLIDATED ACTIONS EITHER IN ARBITRATION OR IN SMALL CLAIMS COURT. If this Class Action Waiver is held unenforceable, in whole or in part, as to any claim, then the Agreement to Arbitrate also will not apply to that claim.
27. Miscellaneous Subject to the terms of this Service Agreement, the Services are generally available 24 hours a day, seven (7) days a week with the exception of outages for maintenance and circumstances beyond the control of ScanPay and the Network Financial Institutions.