Last updated: July 01, 2023
These Terms of Use govern your use of the website owned and operated by BAYA Pte. Ltd. or its subsidiaries including but not limited to Baya Finserv Technologies Private Limited (‘BAYA’), i.e. baya.biz (‘Website’). Additional terms and conditions applicable to specific areas of this Website or to particular content or transactions are also posted in particular areas of the Website and, together with these terms of use, govern your use of those areas, content or transactions. These terms of use, together with applicable additional terms and conditions and the privacy policy are referred to as "T&C". Baya operates this Website to provide online access to information about Baya and the products, services, and opportunities it provides at Baya (‘Services’). Please read these T&C carefully before you use the Services. If you do not agree to these T&C, you may not use the Services. By using the Website, you signify your acceptance to the T&C which takes effect immediately upon your use of the Services, and create a legally binding arrangement to abide by the same.
The Services are operated and owned by Baya (hereinafter referred to as “Baya”, “we”, “us” or “our”), with the operating company registered in Mumbai, India.
We reserve the right to change the T&C at any time without notice posting changes on our Website and you shall be liable to update yourself of such changes, if any, by accessing the changes on the Website.
In order to access or use the Services, you must be 18 years of age or over. If you are under 18 and you wish to access or use the Services, your parents or legal guardian must acknowledge and agree to this T&C. Should your parents or legal guardian fail to agree or acknowledge the T&C, you shall immediately discontinue its use.
You can access the Services on your mobile phones, tablets, laptops or other electronic devices (“Devices”) by registering to become a user (“User”) in accordance with the Terms of Account Registration or Use of the Services
You agree to use and access the Services in accordance with the User Conduct.
The availability of the Services, security and accuracy is subject to our Availability of Services, Security and Accuracy Policy.
Definitions: In this Privacy policy, unless the context otherwise provides:
Access Keys: shall mean any confidential/secret keys, including developer ID, certificate ID, application ID, user name and/or password that shall be required by the Customer to access the Services in a staging or production environment;
API or Application Program Interface: shall mean (a) those of the Application Program Interface that are made available by Baya to the Customer, under the terms of the Agreement, and (b) API Documentation, which includes the documentation, data and any other supporting material provided by the Baya to the Customer, through Baya or otherwise, for the use of the API;
Applicable Laws: shall mean all the laws applicable to the Parties to the Agreement in force at the time of execution and during the term of the Agreement;
API Success: shall mean a ‘success’ status code in the response fields for any of the API calls during the course of Service;
Person: shall mean any natural person, limited or unlimited liability company, corporation, partnership (whether limited or unlimited), proprietorship, Hindu undivided family, trust, union, association, Government or any agency or political subdivision thereof or any other entity that may be treated as a person under Law;
Regulatory Authority: It is the relevant government agency that serves as the regulating authority for respective Documents or authentication process involved in the respective Services, including UIDAI, RBI, SEBI, IRDA, etc.;
Response Data: with reference to the transaction undertaken by the Baya shall mean the ‘success’ or similar status code in case of a successful API response along with "Response Fields (if requested)”. While in the case of failures, response data will contain the error details;
Services: shall refer to access to the APIs and Baya and such other services provided by the Baya to the Customer as specifically mentioned in Annexure A of the Agreement;
Request Fields: shall mean the available parameters in the API request which are to be used by the Baya while processing the next steps as per a usual flow;
Subscription Plan: The prices, features, and options of the Baya Services depend on the Subscription Plan selected by Customer (including any usage or overage fees). Baya does not guarantee that your particular Subscription Plan will be offered indefinitely. We reserve the right to change the prices, features, or options included in a particular Subscription Plan without notice, provided that such changes shall not take effect until your next applicable subscription term. In addition to the Subscription fees/charges, there will be additional taxes as applicable from time to time as per government regulations.
Recurring Charges and Upgrades: By signing up for a Subscription Plan, Customer authorizes Baya to charge Customer’s payment method on a recurring basis (e.g. monthly, quarterly, or yearly depending on Customer’s Subscription Plan) without an invoice. Customer expressly authorizes Baya to charge its payment method (such as a credit card) for the applicable subscription charges, any usage or overage charges, and any and all applicable taxes and fees. Such authorization is effective until the end of the Subscription Term and any applicable Renewal Term, or until Customer cancels all of its subscriptions.
Upgrades: If Customer exceeds their subscription plan’s usage limits, Customer will be automatically upgraded into the next highest Subscription Plan and Customer expressly acknowledges and agrees that it will pay for the upgraded Subscription Plan. All upgrade fees and charges are non-refundable, even if Customer did not use the full usage allotment of the applicable Subscription Plan.
Taxes: Baya’s fees are exclusive of all taxes, and Customer must pay any applicable GST, sales tax, VAT, excise, withholding, or similar taxes or levies, whether domestic or foreign, other than taxes based on the income of Baya. Customer will not deduct any applicable taxes from the payments to Baya, except as required by law. If such deduction is required by law, Customer will increase the amount payable as necessary so that after making all required deductions and withholdings, Baya receives and retains (free from any such liabilities) an amount equal to the amount it would have received had no such deductions or withholdings been made.
Auto-renewals and Trials: If your account is set to auto-renewal or is in a trial period and you have provided a method of payment to Baya for the services, Baya may charge you automatically at the end of the trial or for the renewal, unless you notify Baya that you want to cancel your subscription.
Purchase Orders: Customer agrees that it will pay all amounts owed, including recurring charges, without requiring any purchase orders or reference(s) to purchase order numbers. If a purchase order is required, then Customer will promptly notify Baya at least thirty (30) days prior to such requirement and the parties will cooperate in good faith in implementing a billing process that includes references such purchase order numbers. Customer agrees that any purchase orders are for administrative purposes only and that any non-administrative terms (including, but not limited to legal, security, privacy, or finance terms) contained in its purchase order(s) do not apply to its purchase or use of Baya services.
No Refunds: Subscription and usage or overage fees (and any other fees associated with the services, including higher subscription fees for upgrades) are non-refundable and non-creditable, except where required by law. Baya subscriptions may be cancelled, and such cancellations take effect at the end of your then-current subscription term (for example, if you are on a paid monthly subscription the cancellation will take effect the following month, but if you are on a paid yearly subscription the cancellation will take effect the following year). Once your cancellation is effective, you will be downgraded to a free plan and will lose subscription features and functionality. If you don’t pay for your subscription(s) on time, we reserve the right to suspend you or remove subscription features.
Beta Releases and Free Access Subscriptions: Baya may provide Customer with a Baya Service for free or on a trial basis (a “Free Access Subscriptions”) or with “alpha”, “beta”, or other early-stage Baya Services, integrations, or features (“Beta Releases”), which are optional for Customer to use. This Section will apply to any Free Access Subscriptions or Beta Releases (even if Beta Releases are provided for a fee or counts towards Customer’s Subscription Plan) and supersedes any contrary provision in these Terms. Baya may use good faith efforts in its discretion to assist Customer with Free Access Subscriptions or Beta Releases. Nevertheless, and without limiting the other disclaimers and limitations in these Terms, customer agrees that any free access subscription or beta releases are provided on an “as is” and “as available” basis without any warranty, support, maintenance, storage, sla, or indemnity obligations of any kind. With respect to beta releases, customer further acknowledges and agrees that beta releases may not be complete or fully functional and may contain bugs, errors, omissions, and other problems for which Baya will not be responsible. Accordingly, any use of beta releases are at customer’s sole risk. Baya makes no promises that future versions of Beta Releases will be released or will be available under the same commercial or other terms. Baya may terminate Customer’s right to use any Free Access Subscriptions or Beta Releases at any time for any reason or no reason in Baya’s sole discretion, without liability.
Intellectual Property: the Agreement provides the Customer a limited right to access and use the information through API/s and/or Baya, during the Term of the Agreement. the Agreement does not convey any additional rights in the API and/or Baya and/or the Service, or in any intellectual property rights associated therewith. The Parties hereby agree that all rights, title and interest in and to the API and/or Baya, including but not limited to all hardware, software and other components required for such purpose, and all related rights, remain with and belong exclusively to Baya at all times.
Service Charges: Baya shall provide Services to Customer at prices mentioned in the agreement. The Customer will be obliged to pay the Service Subscription Charges along with all applicable taxes as mentioned.
Taxes: All amounts set out in the Agreement are subject to Goods and Services Tax (GST) or other local applicable taxes, which shall be paid by Customer at the rate and the manner prescribed by law from time to time. Baya shall invoice Customer for all appropriate taxes and expenses for which Baya is obliged to collect. In no event will Baya be liable for the payment of any penalties or interest due on such taxes which has already been paid by the Customer on time. Baya shall if and when required by Customer assist and cooperate with Customer in challenging the validity of a tax provided that Customer shall bear Baya’s reasonable costs and expenses in connection with any such challenge.
Compliance The Customer shall, at all times, comply with the provisions contained in the Information Technology Act, 2000 and the statutory rules framed there under, from time to time, in so far as the same has application to its operations in accordance with the Agreement, including collection of information from end-user, and also with all other Laws, rules and regulations, whether already in force or which may be enacted from time to time, pertaining to data security and management, data storage, data processing, data sharing, data protection, and various rules, regulation and provisions as may be applicable, as and when the same is enacted into a law and comes into force in the performance of its obligations and the exercise of its rights under the Agreement and shall ensure the same level of compliance by its employees or contractors;
If you have signed an agreement with our Indian entity and are using our APIs from the same entity, then all the data will only flow through our Indian data centres as per compliance
Use Case Categories: The Customer shall, at all times, only serve the use cases that it explicitly mentioned at the time of signing up and will not switch or add a new use case without prior approval from Baya. For confirmation, the customer has agreed that it will not serve the following use cases at any point of time (Blacklisted Categories):
Confidentiality: The Customer acknowledges and agrees that the Access Key/s and login credentials are meant to be confidential and that the misuse of the Access Key/s and login credentials by the Customer or a third party could cause substantial loss and damage to Baya and its ecosystem. Accordingly, the Customer will implement appropriate measures to protect the security of the Access Key/s and not provide the Access Key/s to any third party, without prior written consent of Baya.
Reverse Engineering: The Customer shall not reverse engineer or use other techniques to access internal data structures, decompile, disassemble or copy any source code or underlying ideas or algorithms of the API and Baya; or shall not grant any rights in the API to or for the benefit of any third party (except of authorized users), remove/alter/obscure any trademark/intellectual property/marks on or in the API or Baya.
Cooperation: In case of any investigations around fraud(s) or dispute (s), the Customer agrees that it shall extend full cooperation to Baya, and/or any agency appointed/ authorized by it and/or any other authorized investigation agency appointed by the Government of India, including, but not limited to, providing access to their premises, records, personnel and any other relevant resource / information, etc.
Unauthorized Access: Baya shall indemnify the Customer against any claims, damage, loss or expense arising from or in connection with any act by a contractor, sub-contractor, or an employee of Baya which results in, or is intended by such contractor, sub-contractor or employee to result in malicious access into any of Customer’s systems, data or Confidential Information. The events to which this indemnity applies is in no way intended to limit “Baya’s” obligation to take all action necessary to protect against the unauthorized use, by its contractors, sub-contractors or employees, of Customer’s proprietary information and accordingly limit access to Customer’s systems, data and confidential information. Notwithstanding anything contained in the Agreement, it is agreed that the quantum of such indemnity under any circumstances shall not exceed the total invoiced value of the Baya service for that specific calendar month.
Indemnity: The Customer agrees not to hold the Baya, its affiliates, its licensors, or any of such parties, agents, employees, officers, directors, corporate partners, or participants liable for any damage, suits, claims, and/or controversies (collectively, “liabilities”) that have arisen or may arise, whether known or unknown, relating to the Customer’s acts, including without limitation any liabilities arising in connection with the conduct, act or omission of any end-user, any dispute with any end-user, any instruction, advice, act, or service provided by the Customer or its affiliates or licensors and any destruction of the Customer’s information.
Liability: Under no circumstances will Baya, its affiliates, its licensors, service providers or any of such parties' agents, employees, officers, directors, corporate partners, or participants be liable for any direct, indirect, incidental, consequential, special or exemplary damages suffered by the Customer and/or its end-users, due to performance of any services by the Customer with its end-users, even if advised of the possibility of the same
Force Majeure: Neither Party shall be liable to the other for any delay or non-performance of its obligations under the Agreement arising from any cause beyond its reasonable control including, without limitation, any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion. Subject to the affected Party promptly notifying, the other Party in writing of the cause and the likely duration of the cause, the performance of the affected Party’s obligations, to the extent affected by the cause, shall be suspended during the period that the cause persists provided that if performance is not resumed within 90 (ninety) days after that notice the other Party may by notice in writing terminate the Agreement.
Grievance: Any violation of the terms by customers, partners, providers or any concerns/disputes may be reported to the Baya Grievance Officer at support@baya.biz. Baya shall address the complaints within a stipulated time based on the nature of the query but in no case more than 20 days from the date of complaint.
Payment APIs: Baya will not be responsible for any disputes between the parties involved in the transaction. For e.g., prices, quality, quantity, delivery, non-delivery, or delay in delivery of the products.
Baya also abstains from any liability that arises from delay in delivery of payment as the payment is dependent on parties such as acquiring financial institutions, Issuing & Acquiring Bank processors, and other third parties.
Subject to “Refunds / Chargebacks”, Baya agrees to settle the Transaction Amount (net of Permissible Deductions) into the Customer’s settlement account within two (2) Nodal Bank Working Days following the date of the Transaction completion (T) as per the definition followed by the customer
Refunds / chargebacks: A chargeback shall mean a transaction that is uncollectible and returned to Baya for a refund to the concerned payer due to any of the following reasons:
Baya, once it receives a chargeback request from its banking partner blocks the concerned amount in the merchant’s master virtual account. Baya informs the merchant to either approve or reject the chargeback with valid proof of delivery of service. Baya either accepts the counter or rejects and asks the merchant to initiate a refund to the User. Baya, post this, informs the banking partner of the same. Baya doesn’t cater to the refund scenarios as the same is handled by its merchants.
Merchants and Users can write to us at support@baya.biz for any support related queries.
Baya shall not be responsible to make payments in respect of any chargeback unless it has received the requisite amounts from the concerned acquiring bank/ service provider/ payee/ merchant/marketplace. Baya shall not be responsible for any claims, disputes, or penalties arising in connection with such chargeback, Baya shall be indemnified against the same. In the event of the receipt by Baya of an amount of a chargeback from the acquiring bank/service provider, Baya shall pass on to merchant/marketplace/ payer such amount received by them within 7 days
In the event that the parties have agreed that merchant/marketplace/ payer is entitled to chargeback any transaction, Baya may at its discretion, give effect to such chargeback entitlement in any one or more of the following methods:
The usage of the Website may also require you to provide consent for keying in/uploading your PII (including but not limited to user IDs and passwords), as may be necessary to process your application through the Website. Any PII which requires to be keyed in/uploaded is required for enabling hassle-free, faster and paperless (to the extent possible) processing of applications for products so opted/ availed by you. You, whilst providing your details/documents including but not limited to copy of the masked Aadhaar/offline Aadhaar xml (for the purpose of offline verification) or e-Aadhaar copy in case of online verification, PAN Card, Driving License, Voter Identity over the Website ["Personal Identifiable Information (PII)], expressly consent to BAYA (including its service providers / business or lending partner) to authenticate/ verify such PII submitted by you, through the creation of images of such documents including retaining such images for business purposes.
• You hereby authorise and expressly consent us to share your Company’s PAN & GST No with our third-party service provider Decentro Tech Pvt Ltd (Decentro) to authenticate you.
• If you are no longer interested in sharing your PII, please e-mail your request to support@baya.biz
• BAYA reserves the right (and you expressly authorise BAYA) to share or disclose your PII when BAYA determines, in its sole discretion, that the disclosure of such information is necessary or appropriate under the law in force for the time being.
• The website may be under constant upgrades, and some functions and features may not be fully operational.
• We disclaim any liability arising due to the vagaries that can occur in the electronic distribution of information.
• You acknowledge that third party services are available on the website. We may have formed partnerships or alliances with some of these third parties from time to time in order to facilitate the provision of certain services to you. However, you acknowledge and agree that at no time are we making any representation or warranty regarding any third party's services nor will we be liable to you or any third party for any consequences or claims arising from or in connection with such third party including, and not limited to, any liability or responsibility for, death, injury or impairment experienced by you or any third party. You hereby disclaim and waive any rights and claims you may have against us with respect to third party’s services.
• We do not, in any way, endorse any information or service offered or described herein. In no event shall we be liable to you or any third party for any decision made or action taken in reliance on such information.
• You assume all responsibility and risk with respect to your use of the website. The services are available “as is,” and “as available”. You understand and agree that, to the fullest extent permitted by law, we disclaim all warranties, representations and endorsements, express or implied, with regard to the website, including, without limitation, implied warranties of title, merchantability, non-infringement and fitness for a particular purpose.
• We do not warrant use of the website will be uninterrupted or error-free or that errors will be detected or corrected. We do not assume any liability or responsibility for any computer viruses, bugs, malicious code or other harmful components, delays, inaccuracies, errors or omissions, or the accuracy, completeness, reliability or usefulness of the information disclosed or accessed through the services.
• In no event, under no legal or equitable theory (whether tort, contract, strict liability or otherwise), shall we or any of our respective employees, directors, officers, agents or affiliates, be liable hereunder or otherwise for any loss or damage of any kind, direct or indirect, in connection with or arising from the use of the website / services or our agreement with you concerning the services, including, but not limited to, (i) the use of or inability to use the site, the service, or the content, (ii) any transaction conducted through or facilitated by the site; (iii) any claim attributable to errors, omissions, or other inaccuracies in the site, the service and/or the content, (iv) unauthorized access to or alteration of your transmissions or data, or (v) any other matter relating to the site, the service, or the content, and any compensatory, direct, consequential, incidental, indirect, special or punitive damages, lost anticipated profits, loss of goodwill, loss of data, business interruption, accuracy of results, or computer failure or malfunction, even if we have been advised of or should have known of the possibility of such damages.
• If we are held liable to you in a court of competent jurisdiction for any reason, in no event will we be liable for any damages in excess of INR 1,000/-.
Indemnity:
You agree to indemnify and hold us and our affiliates, successors and assigns, officers, directors, employees, agents, representatives, licensors, advertisers, suppliers, and operational service providers harmless from and against any and all losses, expenses, damages, costs and expenses (including attorneys’ fees), resulting from your use of the Services and / or any violation of this T&C. We reserve the right to assume the exclusive defence and control of any demand, claim or action arising hereunder or in connection with the Website and all negotiations for settlement or compromise. You agree to fully cooperate with us in the defence of any such demand, claim, action, settlement or compromise negotiations, as requested by us.
Assignment:
You shall not assign any rights, obligations or privileges that you have under these T&C, without the prior written consent of Baya. Subject to the foregoing, these T&C will be binding on the successors and permitted assignees of Baya. Any assignment or transfer in violation of this clause will be deemed null and void.
Updates:
Baya reserves the right to update the website, in order to, inter alia, increase efficiency, optimize user interface, and add new facilities from time to time.
Validity of T&C:
These T&C shall remain valid and binding on you for so long as you access or use Baya.
Governing law & Jurisdiction:
This T&C (& by extension, the Privacy Policy) are governed and construed in accordance with the laws of India. By using the website, you hereby irrevocably consent to the exclusive jurisdiction and venue courts in Mumbai, Maharashtra, India in the event of any disputes arising out of or in relation to your access and use of the website.
Customer Grievance Redressal & Contact:
You may contact us with any inquiry, complaints, or concerns with regards to policy, terms, and content of this website or by communicating in writing to the Grievance cum Nodal Officer at the details mentioned below:
Grievance cum nodal officer (IN)
Mr. Prinkal Shrenik Mehta
Address: Plot No 296, Sumati Smruti CHS, Old Cadell Road, Opp. Catering College, Dadar West, S V S Marg, Mumbai-400028, Maharashtra
E-mail: support@baya.biz
