These Terms of Use (“Terms”) was last updated on 13-02-2023

This document is an electronic record as per the Information Technology Act, 2000, the rules thereunder, and other statues as amended from time to time pertaining to electronic records by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

Our website https://www.saaspay.com/ and other related software and/or internet based applications (collectively referred to as "Application(s)") are owned and operated by SaaSPay Private Limited (“Company”) is a private limited company registered under the Companies Act, 2013 and having its registered office in Bengaluru, Karnataka. “SaaSPay” is a registered trademark of the Company. You are requested to read these terms before registering, accessing, browsing, downloading or using anything from the Application.

Declaration:

By accessing or using the Service, You agree to be bound by these Terms. If You disagree with any part of these Terms, then You may not access the Service.

You represent that You are (i) competent to contract as per the Indian Contract Act, 1872 (ii) a person resident in India as defined under Foreign Exchange Management Act, 1999, (iii) accepting the terms and conditions of these Terms and the Privacy Policy as displayed on the Application and (iv) consenting to receive communications, notices and information from Us through post or other physical medium or electronically (whether through SMS, emails, phone calls and automated phone calls).

You hereby understand and agree that when you use the Services, SaaSPay, one or more of the Partners or their authorised representatives may check your records, amongst other things, with their own records, and any information as available to SaaSPay or the Partners through any of its sources, including those at credit information companies, fraud prevention agencies for assessing your credit worthiness, verifying identity to prevent and detect crime and money laundering.

Part 1: Your Terms of Use

The following terms shall be applicable to You.

Definitions:

Application shall mean the website https://www.saaspay.com/ and any other related web based or mobile based application owned and developed by the Company.
Service shall mean the service of connecting You with the Partners for the purpose of availing a financial facility to buy or subscribe to a SaaS Product from the Service Provider.
Partners shall mean any bank or financial institution that provides the financial service of credit to You.
SaaS Product shall mean the product offering being purchased by you using the service provider.
Service Provider shall mean the person who sells or licenses the SaaS Product to You.
You/Your/Yourself shall mean the user of the Application as approved by SaaSPay.

Service:

SaaSPay’s Application enables You to connect with one or more banks, financial institutions or other entities ("Partners") that SaaSPay has partnered with to provide financial facility for purchase or subscription of SaaS Products provided by third party service providers ("Service Provider").

SaaSPay shall endeavour to facilitate your transaction with a Service Provider to subscribe to and/or purchase the SaaS Products provided by such Service Providers. However, SaaSPay also reserves the right to change the nature of Services provided from time to time or completely stop providing the Service without any prior notice.

By using the Application, You hereby acknowledge that neither is SaaSPay a Service Provider nor are the SaaS Products being provided by it. SaaSPay only facilitates the financial facility to You to subscribe and/or purchase the SaaS Products from the Service Providers, thus enabling better cash allocation for You.

Consequently, any liability therefrom shall be governed by the agreement that shall be entered into between You and the Service Provider. SaaSPay shall have no privity of contract in relation to the said agreement between You and the Service Provider. You further agree to release and SaaSPay also waives all its liability in relation to the SaaS Products and any transaction between You and the Service Provider.

SaaSPay may collect and hold any documents, writings, agreements, cheques, drafts, other instruments received from You relating to the payments for the SaaS Products, in trust and as agent for the Service Provider, as the case may be. It shall also maintain necessary records in respect of the transactions entered into by You with the Service Provider and amounts due in respect of SaaS Products and You agree to sharing of such records by SaaSPay with the Partner or the Service Provider in order to facilitate the Service.You agree to not dispute the said records.

You may stop using the Services, without notice, at any time, provided that amounts that are due from you to SaaSPay under these Terms are completely settled by You.

Creating and maintaining of Accounts

You may receive an email with the invoice created by the Service Provider along with a call-to-action in the email which directs You to the Application. You may be required to authenticate Yourself with Your email ID and an OTP verification. Subsequently, SaaSPay may collect information like name, email ID, phone number and business name, company domain, annual revenue, entity type, GSTIN, CIN, DIN, etc.

You may also be required to complete a KYC and KYB process by providing access too the Aadhar Number, phone and PAN of Your director. SaaSPay may also collect relevant user data from the Service providers to facilitate the Service efficiently. The collection, verification, audit and maintenance of correct and updated information is a continuous process and SaaSPay reserves the right, at any time, to take steps necessary to ensure Your compliance with all relevant and applicable KYC requirements, if any.

You represent and warrant that all information provided by you is correct and accurate. No information is false or untrue. Amongst other remedies available to SaaSPay, SaaSPay reserves the right to terminate Services immediately if any of the information provided by you is untrue.

User account bearing details provided by the You are created and owned by SaaSPay. Any promotional discounts, offers and reward points accumulated or likes of such provided by the Service providers can be revoked without prior notice in the event of suspicious account activity or malafide intent/conduct. In the case where the system is unable to establish Your unique identity against the details provided to SaaSPay, the account shall be indefinitely suspended. SaaSPay reserves the full discretion to suspend Your account in the above event and does not have the liability to share any account information whatsoever.

UIDAI consent

For the purposes of this clause, You shall mean the individual whose Aadhar card is being provided.

By using the Services, You confirm that you have read the Privacy Policy and these Terms hereunder and that you provide your unconditional consent to SaaSPay and its authorised representatives for collecting and processing your personal data for the purposes of providing the Services and completing the KYC and KYB processes. Also, please note that you can withdraw your consent to all or any of the purposes at any time by sending an email to support@saaspay.app. If you withdraw consent to such processing, we will stop processing your personal data however, any personal data already been processed shall remain unaffected by your withdrawal of consent.

Data we collect: We may collect and maintain certain personal data about You. The personal data collected may include but is not limited to:
You may add Identity Information, Educational details, Professional Details, Health Information, etc.

Purpose[s] of processing:  SaaSPay or its authorised representatives keep and process information about you to further enhance your experience on Portal, and provide certain services that cannot be accessed by all users of the SaaSPay application. The information may be used by to the Credit Information Bureau of India (CIBIL), EXPERIAN SERVICES INDIA and/or any other governmental/regulatory/statutory or private agency/ entity, credit bureau, RBI, the Lender’s other branches/ subsidiaries / affiliates / rating agencies, service providers, banks / financial institutions, any third parties (LMS provider, Data Access Platforms) , any assignees/potential assignees or transferees, who may need the information and may process the information for providing the Services

We may share your personal data with financing partners or where required or permitted by law.

Access and Communication

By availing the Services, you expressly consent to be contacted by SaaSPay, its representatives, affiliates, or anyone calling on its behalf at any contact number, or physical or electronic address provided by You while registering your account with SaaSPay. You further agree to us contacting you in any manner, including without limitation, emails, SMS messages, WhatsApp, calls using pre-recorded messages or artificial voice, and notifications sent via our mobile application.

In our endeavour to effectively deliver the Services, You provide your consent to SaaSPay, the Partners and their authorised representatives to access Your bank statements and other records in connection with providing the Services requested by You. To the extent required for provision of the Services, any password-protected document may be accessed by utilizing information provided by you to automatically generate passwords in order to safely access such records. It is further clarified that the consent sought from You shall be used solely in connection with providing the Services and such information shall not be shared with any third party, save and except with relevant Partners who may require the aforementioned information.

Payment model:

If the KYC and KYB verification is complete to the satisfaction of SaaSPay, the Partner and the Service Provider, You will have the option to select the payment model as shall be visible on the dashboard that maybe made available to You from time to time. You may be required to connect and active the eNach facility to Your bank account for periodic debit of amounts as agreed between You and the Partner.

Part 2: Service Provider Terms of Use

The following terms shall be applicable to the Service Provider.

Creating and maintaining of Accounts

On the application, the Service provider may provide the requested information to SaaSPay and upon adequate satisfaction of its credibility, the Application may direct the Service Provider to authenticate itself with email ID and an OTP verification. Subsequently, SaaSPay may collect information like name, email ID, phone number and business name, company domain, bank account details, annual revenue, entity type, GSTIN, CIN, DIN, etc. SaaPay may, either by itself or through an authorised third party conduct a KYC and KYB process for which relevant maybe sought and the Service Provider shall have to provide the same.

You may also have the option of listing the SaaS Products on the Application and also for generation of invoice.

The collection, verification, audit and maintenance of correct and updated information is a continuous process and SaaSPay reserves the right, at any time, to take steps necessary to ensure compliance with all relevant and applicable KYC requirements, if any.

The Service provider represents and warrants that all information provided is correct and accurate. No information is false or untrue. Amongst other remedies available to SaaSPay, SaaSPay reserves the right to terminate Services immediately if any of the information provided is untrue.

User account bearing details provided by the Service Provider are created and owned by SaaSPay. Any promotional discounts, offers and reward points accumulated or likes of such provided by the Service providers can be revoked without prior notice in the event of suspicious account activity or malafide intent/conduct of the Service Provider. In the case where the system is unable to establish unique identity of the Service Provider against the details provided to SaaSPay, the account shall be indefinitely suspended. SaaSPay reserves the full discretion to suspend a Service Provider ‘s account in the above event and does not have the liability to share any account information whatsoever.

Part 3 : General Terms of Use

The following terms shall be applicable to You and the Service Provider. For the purposes of this Part – 3, You shall mean ‘You’ and the ‘Service Provider”.

Restrictive Covenants:

While accessing the Application, You agree not to or enable others to:

- Carry on any unlawful or promoting unlawful activity
- Issue any defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
- Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
- Install any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
- Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
- Impersonating any person or entity including SaaSPay and its employees or representatives.
- authorize others to use your account;
- assign or otherwise transfer Your account to any third person or legal entity;
- copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of SaaSPay or any services provided by SaaSPay, or any part thereof
- disclose information designated as confidential by SaaSPay, the Partner or Service provider without their prior written consent.
- Please note that refunds and cancellations are not available, as per our terms and conditions.

Limitation of liability:

All content and services provided on the Application are provided on an “as is” and “as available” basis. SaaSPay expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and security and accuracy, as well as all warranties arising by usage of trade, course of dealing, or course of performance. SaaSPay makes no warranty, and expressly disclaims any obligation, that: (a) the content will be up-to-date, complete, comprehensive, accurate or applicable to your circumstances; (b) the website will meet Your requirements or will be available on an uninterrupted, timely, secure, or error-free basis; (c) the results that may be obtained from the use of the website or any services offered through the site will be accurate or reliable; or (d) the quality of any products, services, information, or other material obtained from you through the site will meet your expectations.

SaaSPay (including its officers, directors, employees, representatives, affiliates, and providers) will not be responsible or liable for (a) any injury, death, loss, claim, act of god, accident, delay, or any direct, special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including without limitation lost profits or lost savings), whether based in contract, tort, strict liability or otherwise, that arise out of or is in any way connected with (i) any failure or delay (including without limitation the use of or inability to use any component of the website), or (ii) any use of the website, Application or content, or (iii) the performance or non-performance by SaaSPay or any provider or (b) any damages to or viruses that may infect your computer equipment or other property as the result of your access to the website or your downloading of any content from the website.

SaaSPay shall also not be responsible for any action o inaction, representation or warranty provided by the Partners or the Service Provider or in relation to the SaaS Product. Notwithstanding anything to the contrary, the liability of SaaSPay shall be limited to Rs. 100/- cumulatively for all causes of action that You may have against SaaSPay.

Any decision in relation to credit limits, decision to provide the financial credit, etc. is the decision of the Partners and the Service provider. You agree to not hold SasPay liable if any Partner does not make credit available to You.

Intellectual Property Rights

The brand names relating to the Application and any other trademarks, service marks and/or trade names used by us either on SaaSPay’s own behalf, or on behalf of its licensors, affiliates and partners, are owned by SaaSPay and the relevant others, (the “Trade Marks”). In addition to the intellectual property rights in the Trade Marks, SaaSPay and its relevant partners own the rights in all other content of the Application (the "Content"). By using the Application and/or the Services, You shall not obtain any rights in the Trade Marks or the Content and You may only use the Trade Marks and Content in accordance with the Terms.

Governing Law and Dispute Resolution

These Terms shall be governed by, and construed in accordance with, the laws of India, without reference to principles of conflicts of law. The parties agree that the courts of Bangalore shall have exclusive jurisdiction over any dispute arising from or relating to the Terms and/or the Application, irrespective of any defense that You may raise in relation to forum non-convenience.

Contact Us

You can contact SaaSPay's customer support team via email at support@saaspay.app and we will resolve your issue at the earliest.

SaaSPay's customer care support team is available from:
Monday to Saturday - Between 10 am to 7 pm

Also, as required under applicable guidelines issued by Reserve Bank of India (RBI) and Information Technology Act, 2000 and rules made there under and for the purposes of redressing any complaints, you may contact our nodal grievance redressal officer whose name and contact details are provided below:
Name - Mukund Makhija
Address - 5th Floor, No 90, Industrialist Area, GR Icon, Jyoti Nivas College Rd, 5th Block, Koramangala, Bengaluru, Karnataka 560034
Mobile No - +91 8447330060
Email id - mukund@saaspay.app