We collect the following: Registration information - When you sign up for Pointshelf, you are creating a Pointshelf account that is associated with your email address & mobile number. Depending on the services of Pointshelf you use, you may be asked to provide the following information: Credit or debit card number and card expiration date, bank name, IFSC code and account number for the account, address, date of birth, PAN number (or some other government-issued identification number). Information obtained from third parties - We may obtain information about you from third parties, including third party verification services, information arising from Pointshelf transactions at merchant locations, information regarding your use of payment methods issued by third parties that are linked to the Pointshelf service, and information regarding access to balances held in your Pointshelf account. Transaction information - When you use Pointshelf to conduct a transaction, we may collect information about the transaction, including: Date, time and amount of the transaction, the merchant's location, a description provided by the seller of the goods or services purchased, any photo you choose to associate with the transaction, the names and email addresses of the seller and buyer (or sender and recipient), the type of payment method used, your description of the reason for the transaction, and the offer associated with the transaction, if any.
We use the information you provide us, as well as information about you from third parties, in order to provide you with Pointshelf services, and to protect you from fraud, phishing or other misconduct. Such information may also be used to assist third parties in the provision of products or services that you request from them. Information will also be used to provide you with customised offers from merchants for their products or services. Your registration information is stored in Pointshelf servers and your registration of a payment method with a valid payment instrument will be stored on servers compliant with Reserve Bank of India (RBI) guidelines prevalent at the said time. All payment instrument related data is stored in PCI DSS Level 1 certified databases. In addition, certain data elements may also be stored on your mobile device.
You are responsible for: (a) Maintaining the confidentiality of your PIN, (b) any and all transactions by persons that you give access to or that otherwise use such PIN, and (c) any and all consequences of use or misuse of your PIN. You agree to notify us immediately of any unauthorized use of your PIN or any other breach of security regarding the Services of which you have knowledge. You agree that the information You provide to Pointshelf on registration and at all other times, including payment, will be true, accurate, current, and complete. You also agree that You will ensure that this information is kept accurate and up-to-date at all times. If You have reason to believe that Your Account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of Your account ID, PIN, Password, Mobile Phone, or any credit, debit or prepaid cash card number or netbanking login/password, if applicable), then You agree to immediately notify Pointshelf and indemnify Pointshelf from any liabilities that may arise from the misuse of Your Account.
You agree that Pointshelf, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate Your account (or any part thereof) or Your use of the Services and remove and discard all or any part of Your account, Your user profile, or Your recipient profile, at any time. Pointshelf may also in its sole discretion and at any time discontinue providing access to the Services, or any part thereof, with or without notice. You agree that any termination of Your access to the Services or any account You may have or portion thereof may be effected without prior notice, and You agree that Pointshelf will not be liable to You or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Pointshelf may have at law or in equity. Upon termination for any reason, You agree to immediately stop using the Services.
In no event will Pointshelf or its contractors, agents, licensors, partners, or suppliers be liable to you for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to (i) this agreement, (ii) the services, the site or any reference sites, or (iii) your use or inability to use the services, the app (including any and all materials) or any reference site, even if Pointshelf or a Pointshelf authorized representative has been advised of the possibility of such damages. In no event will Pointshelf or any of its contractors, directors, employees, agents, third party partners, licensors or suppliers' total liability to You for all damages, liabilities, losses, and causes of action arising out of or relating to (i) this Agreement, (ii) the Services, (iii) Your use or inability to use the Services or the app (including any and all Materials) or any Reference Sites, or (iv) any other interactions with Pointshelf, however caused and whether arising in contract, tort including negligence, warranty or otherwise, exceed the amount paid by You, if any, for using the portion of the Services or the Site giving rise to the cause of action or One Thousand Rupees (Rs.1000), whichever is less. You acknowledge and agree that Pointshelf has offered its products and services, set its prices, and entered into this agreement in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and Pointshelf, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and Pointshelf. Pointshelf would not be able to provide the services to you on an economically reasonable basis without these limitations. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions may not apply to You. In such cases, Pointshelf's liability will be limited to the fullest extent permitted by applicable law. This paragraph shall survive termination of this Agreement.
You agree to indemnify, save, and hold Pointshelf, its affiliates, contractors, employees, officers, directors, agents and its third party suppliers, licensors, and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to Your use or misuse of the Services or of the Site, any violation by You of this Agreement, or any breach of the representations, warranties, and covenants made by You herein. Pointshelf reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Pointshelf, including rights to settle, and You agree to cooperate with Pointshelf's defense and settlement of these claims. Pointshelf will use reasonable efforts to notify You of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of this Agreement.
To the fullest extent permissible pursuant to applicable law, Pointshelf and its third-party partners, licensors, and suppliers disclaim all warranties, statutory, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by you from Pointshelf or through the services or the app will create any warranty not expressly stated herein. You expressly acknowledge that as used in this section, the term "Pointshelf" includes Pointshelf's officers, directors, employees, shareholders, agents, licensors, subcontractors and affiliated companies. You acknowledge that Pointshelf is a payments service provider and is not liable for any goods or services offered by merchants accepting payments through Pointshelf. You expressly agree that use of the services and the app is at your sole risk. It is your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the app or on the internet generally. We do not warrant that the service will be uninterrupted or error-free or that defects in the app will be corrected. The services and the app and any data, information, third party software, reference sites, services, or software made available in conjunction with or through the services and the site are provided on an "as is" and "as available," "with all faults" basis and without warranties or representations of any kind either express or implied. Pointshelf, and its third party suppliers, licensors, and partners do not warrant that the data, Pointshelf software, functions, or any other information offered on or through the services, the site or any reference sites will be uninterrupted, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected. Pointshelf and its third party suppliers, licensors, and partners do not warrant or make any representations regarding the use or the results of the use of the services, the site or any reference sites in terms of correctness, accuracy, reliability, or otherwise.you understand and agree that you use, access, download, or otherwise obtain information, materials, or data through the services, the site or any reference sites at your own discretion and risk and that you will be solely responsible for any damage to your property (including your mobile phone system and device) or loss of data that results from the download or use of such material or data. We do not authorize anyone to make any warranty on our behalf and you should not rely on any such statement. This paragraph shall survive termination of this agreement. In no event will Pointshelf be liable for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the site.
The Services and the app are owned and operated by Pointshelf and/or third party licensors. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of the Services and the Site provided by Pointshelf (the "Materials") are protected by Indian copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. As between You and Pointshelf, all Materials, trademarks, service marks, and trade names contained on the Site are the property of Pointshelf and/or third party licensors or suppliers. You agree not to remove, obscure, or alter Pointshelf or any third party's copyright, patent, trademark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Services. Except as expressly authorized by Pointshelf, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. Pointshelf reserves all rights not expressly granted in this Agreement. If You have comments regarding the Services and the Site or ideas on how to improve it, please contact customer service. Please note that by doing so, You hereby irrevocably assign to Pointshelf, and shall assign to Pointshelf, all right, title and interest in and to all ideas and suggestions and any and all worldwide intellectual property rights associated therewith. You agree to perform such acts and execute such documents as may be reasonably necessary to perfect the foregoing rights.
Pointshelf reserves the right to change, modify, add, or remove portions of this Agreement (each, a "change") at any time by posting notification to the Pointshelf website www.pointshelf.com or otherwise communicating the notification to You. The changes will become effective, and shall be deemed accepted by You, 24 hours after the initial posting and shall apply immediately on a going-forward basis with respect to payment transactions initiated after the posting date. If You do not agree with any such modification, Your sole and exclusive remedy is to terminate Your use of the Services. For certain changes, Pointshelf may be required under applicable law to give You advance notice, and Pointshelf will comply with such requirements.
Pointshelf may provide You with notices and communications by email, regular mail or postings on the Pointshelf website www.pointshelf.com or by any other reasonable means. Except as otherwise set forth herein, notice to Pointshelf must be sent by courier or registered mail to Infisync Labs Private Limited, A-401, Kukreja Plaza, Sector-11, CBD Belapur, Navi Mumbai 400614, India.
The failure of Pointshelf to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Pointshelf.
Pointshelf may elect to resolve any dispute, controversy or claim arising our of or relating to this Agreement or Service provided in connection with this Agreement by binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996. Any such dispute, controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Mumbai, India and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or we may seek any interim or preliminary relief from a court of competent jurisdiction in Mumbai, India, necessary to protect the rights or the property of you or Pointshelf (or its agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of the arbitration award. All administrative fees and expenses of an arbitration will be divided equally between you and us. In all arbitrations, each party will bear the expense of its own lawyers and preparation. The language of Arbitration shall be English.
Except as otherwise agreed by the parties or as described in the Arbitration section above, you agree that any claim or dispute you may have against Pointshelf must be resolved by a court located in Mumbai, India. You agree to submit to the personal jurisdiction of the courts located within Mumbai, India for the purpose of litigating all such claims or disputes. This Agreement shall be governed by the laws of India, without giving effect to any principles of conflicts of law.
If any provision of this Agreement is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent required, and the remaining provisions will remain valid and enforceable.
This Agreement, and any rights granted hereunder, may not be transferred or assigned by You without our prior written consent which may be withheld in our sole discretion, but may be assigned by us without restriction. Any assignment attempted to be made in violation of this provision shall be void and of no effect.
Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration as applied to transfers and relationship prior to such termination or expiration.
The heading references herein are for convenience purposes only, do not constitute a part of these Terms and Conditions, and will not be deemed to limit or affect any of the provisions hereof.
This is the entire agreement between You and Pointshelf relating to the subject matter hereof and will not be modified except in writing, signed by both parties, or by a change to this Agreement made by Pointshelf in accordance with the terms of this Agreement.