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.
JHKP Technologies Private Limited (“ Razorpay BillMe”) provides its proprietary software which shares digital invoices or digital bills to Customers who have purchased goods or services via the Merchants’ (who may be also referred to as “You/Your”)retail store and/or e-commerce platform (the "Service(s)"). These terms of use (“Terms of Use") govern Your use of the Services provided by Razorpay BillMe.
By using the Services and/or the website (www.razorpay.com/digital-billing, https://billme.io/) ("Website”), You shall be presumed to have accepted and read these Terms of Use, along with the Privacy Policy, and any other policies as updated on our website from time to time.
Furthermore, You unconditionally and irrevocably accept the terms set out in these Terms. These Terms of Use together with the Policies (the “Terms”), constitute a binding and enforceable agreement between You and Razorpay BillMe.
“Content(s)” means any information shared with the Customers by Razorpay Billme in the course of providing the Services, including, but not limited to, text, images, graphics, and other types of data, including offers.
“Customer” is a person or an entity that receives, consumes, or buys a product or service from the Merchant.
“Customer Data” is any information provided by You, which includes but is not limited to Your Contact number, email id, complete or partial address, full name, age, age range, date of birth and gender, and any additions and/or modifications made thereto by You.
“Intellectual Property Rights” means copyright, patent right, utility model right, trademark right, design right and any other intellectual property right, including the right to obtain and register any such right.
“Invoice” or “Bill” is a legal proof of sale sent by the Merchant to You in a physical paper form or digital form.
“Merchant” is a business owner that uses Razorpay BillMe’s services to send digital Bills or invoices to their end users/Customers.
“Platform” means a Razorpay Billme owned and established electronic information management tool that tracks, displays and stores metrics and data points and online terms pertaining to Services being provided to the Merchant and which is accessible by the Merchant to avail the Services. Platform can also be used by Merchants to provide instructions relating to Services, which shall be binding.
“Service” is the proprietary software of Razorpay Billme which shares digital invoices or digital bills to Customers who have purchased goods or services via the Merchants’ retail store and/or e-commerce platform
“Intellectual Property” means data, information, inventions, intellectual properties (including patents, trademarks, copyrights, design and trade secrets), “know-how”, new uses and processes, and any other intellectual property right, asset or form, including, but not limited to, analytical methods, procedures and techniques, research, procedure manuals, financial information, computer technical expertise, software and moral rights.
Razorpay Billme provides the Platform which facilitates the Merchant and Customer to submit and receive Bills respectively. Both Merchant and Customer have the provision to store the Bill on the Platform operated by Razorpay BillMe.“Customer” is a person or an entity that receives, consumes, or buys a product or service from the Merchant.
References to Razorpay Billme shall also mean and include BillMe.co.in, BillMepartner.com, Razorpay Billme desktop application, Razorpay Billme android and iOS apps and other products with Razorpay brand name, where applicable.
Merchant raises a Bill to the Customer (hereinafter referred to as the “Merchant Copy”) and the Customer maintains the copy of that Bill (hereinafter referred to as the “Customer Copy”). Both Merchant and Customer possess the ownership of the Merchant Copy and Customer Copy respectively.
Razorpay BillMe also provides the Merchant access to other optional features like business analytics, Customer analytics, Customer engagement tools and other features through website/apps built for the Merchant. The list of Service features has been provided under Schedule I.
The Merchant acknowledges and agrees that Razorpay BillMe holds the right to add, remove or modify features of the Services at its own discretion.
Razorpay BillMe does not claim any ownership of the Bills. Merchant has the authority to make deletions to the Merchant Copy as and when the Merchant finds it necessary to do so.
The Merchant agrees and authorises Razorpay BillMe to share Merchant’s and Customer’s information and make such details available to its group companies, affiliates, vendors, service providers/facility providers and other third parties, in so far as required in association with the Services selected by the Merchant or generally otherwise.
The Merchant agrees to receive communications through emails, telephone and/or SMS, from Razorpay BillMe or third parties. If the Merchant requests not to receive such communication/marketing material any further, it shall be applicable prospectively only and shall not apply in respect to Merchant’s data already shared by Razorpay BillMe in accordance with this clause upon Merchant’s prior consent.
Subject to the Merchant accessing the Services Razorpay BillMe hereby grants to the Merchant a non-exclusive, non-transferable, revocable right to use the Services during the Term solely for the Merchant’s business operations.
Account creation requires Merchant to provide such information as may be requested by Razorpay BillMe for the Merchant’s use of Services and access to the Platform.
The Merchant agrees to use the Services provided by Razorpay BillMe for a period of at least 2 years from the commencement of the Services ("Lock-In Period"). During this Lock-In Period, the Merchant shall not terminate or seek to terminate the subscription or any obligations under this Agreement, except as specifically provided herein. In the event the Merchant chooses to terminate this Agreement prior to the expiration of the Lock-In Period for any reason other than breach of Razorpay BillMe's obligations under this Agreement, the Merchant agrees to pay an early termination fee equivalent to the remaining subscription fees due for the unexpired portion of the Lock-In Period. This amount shall be calculated by Razorpay BillMe on a pro-rata basis.
The Merchant shall ensure that:
Provide true, accurate, current, and complete information about the Merchant as prompted during the account creation/registration process, and (b) Maintain and promptly update Merchant’s information from time to time, as applicable. Merchant agrees that Razorpay BillMe will use Merchant’s details to provide the Services, if any information that is inaccurate or not current, some of the Services may not operate correctly. The Merchant hereby undertakes liability for any losses, claims, default in the Services due to incorrect information provided by the Merchant and agrees to indemnify Razorpay BillMe for such losses
Additionally, if Merchant provides any information for the purposes of fraudulent or criminal activities, or Razorpay BillMe has reasonable grounds to suspect that such information has been provided Razorpay BillMe has the right to suspend or terminate Merchant’s account.
Merchant grants Razorpay BillMe with a limited, non-transferable right to display the Merchant’s company name, brand name, trademarks or registered trademarks (submitted on the registration form) on all Razorpay BillMe apps, websites and other media and online resources for representational, electronic bill delivery, promotional and analytical services to its end users. Razorpay BillMe does not stake claim to third party company names, trademarks or registered trademarks, these are used for representational and transactional purposes only
Merchant shall be solely responsible for ensuring safety of access to its account for availing the Services. The Merchant agrees that Razorpay BillMe shall not be responsible for any loss that the Merchant suffers as a result of an unauthorised person accessing its account and/or using the Services.
The information except Customer information, Confidential Information, product – sale information and any other information provided by Merchant may be shared with Razorpay BillMe users, associates and affiliates or other successor in the event of a merger, divestiture, restructuring, reorganisation, dissolution or other sale or transfer of some or all of Razorpay BillMe assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by Razorpay BillMe about the users of Razorpay BillMe Services are among the assets transferred.
The Merchant’s account must not be shared or used by more than one individual user but may be reassigned from time to time to new users who are replacing former users who have terminated employment or otherwise changed job status or function and no longer need to use the Services. The merchant has an option to grant access to other users in their organization using the “users’ access” option on the Platform.
Merchant acknowledges and agrees that, BillMe shall collect data, as specified in BillMe Privacy Policy https://billme.io/legal?active=privacy from the Merchant and their customers. The Merchant shall procure all the necessary consent from the customer as mandated by applicable laws, for BillMe to process the data collected and to enable the Service.
Ownership and Grant of Rights
You acknowledge and agree that Razorpay BillMe, , owns all rights, title and interest in and to the Services, including any Intellectual Property Rights which subsist in the Services (whether registered or not). You further acknowledge that the Services may contain information which is designated confidential by Razorpay BillMe and that You shall not disclose such information without Razorpay BillMe prior written consent.
Razorpay BillMe grants You a personal, non-exclusive, non-transferable, limited privilege to avail the Services and make personal use of the Services. This license does not confer any right to download, copy, create a derivative work, modify, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sub-license, grant a security interest in or otherwise transfer any right in the Services. You do not have the right to use any of Razorpay BillMe or its Merchants’ trade names, trademarks, service marks, logos, and other distinctive brand features.
Any and all Intellectual Property Rights pertaining to the information (including, but not limited to information on Invoices) transmitted or posted by Customers through the Services shall not belong to Razorpay BillMe, and the Customer grants Razorpay BillMe a limited right to use, store and process such information for the purposes of receiving the Services.
Notwithstanding the preceding paragraph, each Customer shall grant Razorpay BillMe a worldwide, non-exclusive, free, and transferable license with the right to sublicense for the use, reproduction, distribution, creation of derivative work, display and execution of any of the Intellectual Property Rights set forth in the preceding paragraph. Such license granted in accordance with the preceding provision shall remain effective even after the relevant Customer stops using the Services and/or the Customer’s Account is deleted. Each Customer shall agree that he/she will not exercise his/her moral rights against Razorpay BillMe or any successor or licensee of Razorpay BillMe.
Customers shall agree that Razorpay BillMe, in its sole discretion, reserves the right to make changes or additions to all or part of the Services without giving prior notice to Customers, including changes and additions to the functions, pricing and the fee-based services, if any.
You agree not to use the Services for any purpose that is unlawful, illegal, or forbidden by these Terms, or any local laws that might apply to You. You shall agree to comply with laws that apply in India. We may, at our sole discretion, at any time and without advance notice or liability, suspend, terminate, or restrict Your access to all or any component of the Services.
By making use of the Services, and furnishing Your contact details, You hereby agree that You are interested in knowing more or availing and/or purchasing various products, services that Razorpay BillMe or any other third party may offer to /provide to /share with /send to You from time to time through any means including but not limited to telephone, SMS (short messaging service), electronic mail (e-mail), whatsapp or any other messaging service/mobile application or any other physical, electronic or digital means/mode. You hereby agree that Razorpay BillMe may contact You either electronically or through phone, to understand Your interest in the selected products and Services and to fulfil Your demand. Further, You also expressly agree and authorize Razorpay BillMe, its partners, service providers, vendors and other third parties to contact You for the purpose of (i) offering or inviting Your interest in availing other products or services offered by third parties, or (ii) for sending other marketing campaigns, offers, or any other information through other means including but not limited to telephone, SMS (short messaging service), electronic mail (e-mail), Whatsapp or any other messaging service/mobile application or any other physical, electronic or digital means/mode.
By using the Services, You hereby consent to the use of Your information as we have outlined in our Privacy Policy.
You specifically understand and agree that by using the Services You authorize Razorpay BillMe, its affiliates, partners and third parties to contact You for any follow up calls in relation to the Services and/ or for offering or inviting Your interest in availing any other product or service offered by Razorpay BillMe or such third parties. You agree and consent to receive communications relating to all of the above on Your phone/mobile number (if any provided) by You and expressly waive any registration or preference made under DND/NCPR list under the applicable Telecom Regulatory Authority of India (TRAI) regulations.
You shall use the Services only in a manner specified by Razorpay BillMe for the purposes set forth in these Terms and as long as the provisions hereof are complied with.
You shall use the Services “as is” and shall not be permitted to replicate, change, adjust or otherwise modify the same.
For information regarding any other web pages linked to the Invoices, please refer to the terms of use provided on the applicable third party websites.
Razorpay BillMe or its Merchants may, from time to time, send or display advertisements, promotions and/or monthly reports on usage to Customers’ registered email addresses.
You shall not:
describe Yourself as an agent or representative of Razorpay BillMe or its Merchants;
represent that You have any rights to offer any products or services offered by Razorpay BillMe;
make any representations to Your customer or any third party or give any warranties which may require Razorpay BillMe or its Merchants to undertake to or be liable for, whether directly or indirectly, any obligation and/or responsibility to Your customer or any third party;
use the Services to facilitate any activity which is unlawful, illegal, unauthorised, is carried on with the intent to defraud, or is likely to result in Your unjust enrichment and/or unlawful gain;
perform any acts that are or are likely to be interfering with the Intellectual Property Right, publicity right, privacy, reputation, or any other right or benefit of Razorpay BillMe, or a third party;
perform any acts to falsely assume the identity of Razorpay BillMe or a third party including other Customers;
perform any acts not in compliance with these Terms;
perform any other acts, as may be deemed inappropriate by Razorpay BillMe.
You shall not host, display, upload, modify, publish, transport, store, update or share any content on the website that:
belongs to another person and to which the user does not have any right;
is defamatory, obscene, pornographic, paedophilic, invasive of another‘s privacy, including bodily privacy, insulting, or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
is harmful to child;
infringes any patent, trademark, copyright, or other proprietary rights;
violates any law for the time being in force;
deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
impersonates another person;
threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation;
contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource; and
is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.
Razorpay BillMe shall have the right to immediately terminate Services at its discretion.
In the event of any of the following, Razorpay BillMe shall have the right to temporarily suspend all or part of the Services without giving prior notice to Customers:
An emergency or periodical maintenance or repair work is performed on the hardware, software or other network devices for the Services;
There has been a system overload due to increased usage or other unexpected reason;
There is a need for a security measure for Customers;
Telecommunications provider does not provide its services;
Provision of the Services is rendered difficult due to a force majeure event;
Provision of the Services is rendered difficult due to laws or regulations or due to any dispositions made in accordance with such laws or regulations; or
Razorpay BillMe deems it necessary to suspend the Services for a reason equivalent to any of the preceding items.
The Company shall not be in any way responsible for any loss or damage incurred by Customers as a result of Razorpay BillMe’s actions under this clause.
Razorpay BillMe warrants that the Service(s) will perform in all material respects in accordance with these Terms. To the maximum extent permitted by applicable laws and except as stated in these Terms, the Services are provided on an “as is” basis. You acknowledge that Razorpay BillMe does not warrant that the Service(s)s will be uninterrupted or error free or fit for Your specific business purposes and that the Services are free of any defects or malfunctions.
Razorpay BillMe (including its officers, directors, employees, representatives, affiliates, and providers) will not be in any way responsible or liable for any loss or damage incurred by any Customer in relation to the Services, including but not limited to (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 Services), or (ii) any use of the Services or content, or (iii) the performance or non-performance by Razorpay BillMe or its Merchants, even if we have been advised of the possibility of damages to such parties or any other party, or (iv) any damages to or viruses that may infect Your computer equipment or other property as the result of Your access to the Services. The Invoices may provide links to other third-party websites. However, since Razorpay BillMe has no control over such third-party websites, You acknowledge and agree that Razorpay BillMe is not responsible for the availability of such third-party websites and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such third-party websites. You further acknowledge and agree that Razorpay BillMe shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party websites. Such third-party websites may have separate terms and conditions and privacy policy, and which are independent of Razorpay BillMe and therefore, we advise You to read the terms of use and conditions available on such websites before You access any such third- party website.
You agree to indemnify and hold Razorpay BillMe (and its officers, affiliates, group company, directors, agents and employees) harmless from any and against all claims, whether or not brought by third parties, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including reasonable attorneys' fees, or arising out of or related to Your breach of these Terms, Your violation of any applicable laws or the rights of a third party, or Your use of the Services or any disputes between You and any third party.
BillMe agrees to defend, indemnify and hold Merchant, and its respective directors, officers and employees, harmless from any claims, losses, damages, liabilities, including attorney’s fees, arising out of; Fraud, gross negligence and willful misconduct by BillMe in the performance of this Agreement, Violation of applicable laws by BillMe in the performance of this Agreement.
Any inquiry regarding the Services and any other communications from Customers to Razorpay BillMe shall be made in writing using the contact information available on the Razorpay BillMe website.
Customers hereby agree that Razorpay BillMe may transfer to its affiliates its title, rights and obligations towards Customer Data and any other data.
If any of the provisions of these Terms are deemed as invalid or unenforceable under any applicable consumer protection laws or any other laws or regulations, the remainder of these Terms shall continue in full force and effect.