INTRODUCTION

I. These General Terms of Use are made between the legal entity incorporated under the Companies Act in the name Moneywave Solutions Pvt Ltd. (hereinafter: the PROVIDER or Moneywave) and you (hereinafter: the CLIENT and/or MERCHANT).

II. By downloading, installing, or using all or any portion of the services or software of Moneywave (hereinafter: Moneywave Service or Service or Services), the CLIENT and/or MERCHANT agrees to be legally bound by these GENERAL TERMS and fully accepts all of the terms in the GENERAL TERMS. If the CLIENT and/or MERCHANT does not accept these GENERAL TERMS, then the CLIENT shall not be entitled to use or distribute the SERVICE.

III. The CLIENT and/or MERCHANT agrees to these GENERAL TERMS on behalf of the company or other legal entity for which it is acting (for example, as an employee or contractor) or, if there is no company or legal entity, on behalf of yourself as an individual. By accepting these GENERAL TERMS the CLIENT and/or MERCHANT represents and warrants that:

• a) It has the requisite corporate power and official authority to execute, deliver and perform its obligations under these GENERAL TERMS;
• b) It has obtained all licenses, authorizations, approvals, consents, or permits required to perform its obligations under these GENERAL TERMS under all applicable laws of all authorities having jurisdiction over the SERVICES;
• c) The execution and performance of these GENERAL TERMS and the consummation of the transactions contemplated by these GENERAL TERMS have been duly authorized by the requisite corporate action on the part of such CLIENT and/or MERCHANT if required;
• d) The execution, delivery, and performance of these GENERAL TERMS does not violate any judgment, order, or decree; a material default under any material contract by which it or any of its material assets are bound; or an event that would, with notice or lapse of time, or both, constitute such a default.

IV. Note – other agreements concluded by the CLIENT and/or MERCHANT with Moneywave, if any, may refer to a separate name of this document. This shall not in any way affect the enforceability of these GENERAL TERMS.

1. DEFINITION OF TERMS

The following terms, used either in singular or plural, shall have the meaning as set below:

• 1.1 GENERAL TERMS or TERMS – these general terms of use, including any annexes and attachments, and any additional agreements if concluded. These GENERAL TERMS also include terms of license attributable to the use or distribution of Moneywave Service;
• 1.2 CLIENT – the MERCHANT’s customer/end-user who transacts through the MERCHANT’s website or over the software, tools, or channels provided or accepted by Moneywave;
• 1.3 Moneywave or SERVICE PROVIDER – the entity incorporated under the Companies Act under the name Moneywave Solutions Pvt Ltd. operating the Moneywave Service;
• 1.4 Moneywave Service or SERVICE – the service and software offered by Moneywave that allows CLIENT and/or MERCHANT to pay for purchases or receive money through any payment channel;
• 1.5 MERCHANT – an individual or entity entitled to distribute Moneywave Service to the CLIENT;
• 1.6 CLIENT – an individual or entity who acquired access to the SERVICE;
• 1.7 PAYMENT TRANSACTIONS or TRANSACTIONS – mean a legitimate transaction of payment, pay-out (to receive money), or settlement made with the CLIENT, performed in whole or in part via electronic communication and processed with the use of the SERVICE.

2. GENERAL PROVISIONS, EFFECTIVE DATE

2.1. Moneywave is a corporation entitled to engage in the business concerning the provision of SERVICES regarding TRANSACTIONS, also by acquiring MERCHANTS to accept payments through various channels and systems.

2.2. The MERCHANTS and BANKS have agreed with Moneywave to honor payments and TRANSACTIONS made through agreed means of TRANSACTIONS, under the terms and conditions hereinafter stipulated.

2.3. The CLIENT and/or MERCHANT acknowledges that the copyright, designs, trademarks, and other intellectual property rights comprised in the information, text, graphics, scripts, software, technology, music, sound, photograph, or any other materials or works used or contained in the SERVICE or belonging to Moneywave are the sole and exclusive property of Moneywave and/or its affiliates, licensors or other third parties that hold rights to the particular part of SERVICE.