TERMS AND CONDITIONS

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 the Razorpay Privacy Policy, (“Terms”) apply to Your use of the dynamic currency conversion services feature (“Pay in Native Services”) owned and operated by Razorpay Software Private Limited (“Razorpay”), a company incorporated under the provisions of the Companies Act, 1956 and having its registered office at 1st Floor, SJR Cyber, 22 Laskar Hosur Road, Adugodi Bangalore Bangalore KA IN 560030. “We” or “Us” shall refer to Razorpay. “You” or “Your” refers to any non-registered individual or corporate body, making or attempting to make an overseas transaction to purchase goods or services on the website, application or otherwise through any online portal owned and operated by a Razorpay merchant, and seeking to pay in their billing currency or any other currency as may be made available by Razorpay (“Transaction”).

You understand and agree that Razorpay will treat Your use of the Pay in Native Services as acceptance of these Terms from such point of usage. You agree that Razorpay reserves the right to update the Pay in Native Services and these Terms from time to time without prior notice to You. Your continued access or use of the Pay in Native Services signifies Your assent/ratification of the updated or modified Terms.

1. TERMS OF SERVICE

1. 1. In order to enable the Pay in Native Services, it shall be deemed that Your usual place of residence shall be as per the details available in the card used by You to complete the Transaction for the purposes of place of supply.
   2. The Transaction amount payable by You towards the purchase of goods or services from a merchant shall be inclusive of charges for such Pay In Native Services availed by You.
   3. You may reach out to dcc_invoice@razorpay.com, by providing the payment ID and Your contact number, to get invoices for your Transactions.
   4. You shall comply with all applicable laws, including laws, statute, rule, regulation, order, circular, decree, directive, judgment, decision or other similar mandate of any applicable central, national, state or local governmental/regulatory authority having competent jurisdiction and force of law over, or applicable to You, Us or the subject matter in question, as may be amended from time to time

2. LIMITATION OF LIABILITY

Razorpay (including its officers, directors, employees, representatives, affiliates, and providers) will not be responsible or liable for 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 Pay in Native Services), or (ii) any use of the Pay in Native Services or content, or (iii) the performance or non-performance by Us, even if We have been advised of the possibility of damages to such parties or any other party. Notwithstanding anything under these Terms, Razorpay’s aggregate liability and that of its affiliates, officers, employees and agents relating to the Pay in Native Services, will not exceed an amount equal to the total amount paid by You in relation to the Transaction giving rise to the liability. Razorpay’s liability under or in connection with Terms will be proportionately reduced to the extent any loss or damage is contributed to by You or Your third party providers.

3. DISCLAIMER OF WARRANTY

You acknowledge and agree that to the maximum extent permissible, the Pay in Native Services are provided on an “as is” basis. You acknowledge that Razorpay does not warrant that the Pay in Native Service(s) will be uninterrupted or error free or fit for Your specific business purposes.

4. GOVERNING LAW AND DISPUTE RESOLUTION

You acknowledge and agree that to the maximum extent permissible, the Pay in Native Services are provided on an “as is” basis. You acknowledge that Razorpay does not warrant that the Pay in Native Service(s) will be uninterrupted or error free or fit for Your specific business purposes.

5. GENERAL

1. 1. You acknowledge and agree that the Pay in Native Services are provided on an independent principal-to-principal basis by Razorpay to You.
   2. Any failure or delay by Razorpay to enforce or exercise any provision of these Terms, or any related right, shall not constitute a waiver by Razorpay of that provision or right. The exercise of one or more of Razorpay’s rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to Razorpay under these Terms or in law or at equity. Any waiver of any provision shall only be effective if made in writing and executed by a duly authorized officer of Razorpay.