Terms & Conditions

This is the official website of Southpay Digital Solutions, 36, Vidhya Lakshmi Street, Lakshmi Nagar, Mudichur, Chennai, Tamil Nadu, India – 600048. This website, https://southpaytn.in, and any other website that Southpay Digital Solutions may specify from time to time ("Website") is owned and operated by Southpay Digital Solutions. Access to and use of this Website is subject to the following terms and conditions of use ("Terms"). Please read these Terms carefully as they apply to all users of this Website. A user may opt for services through this Website only if they accept and abide by all of these Terms. Southpay Digital Solutions may change these Terms from time to time.

Definitions

For the purpose of these Terms, the following words and phrases have the meanings given below.

"Services" means the services provided by Southpay Digital Solutions and its service providers to users, whereby a user can (i) receive payments from their customers or other payers; or (ii) make payments to suppliers, beneficiaries or other payees, by (a) IMPS / NEFT / RTGS; (b) credit / debit card; (c) net banking; or (d) any other mode of payment through banks that Southpay Digital Solutions may accept from time to time; and includes recharge, bill payment and other services offered on the platform.

"User" means any person who is onboarded on the Southpay Digital Solutions platform to use this Website and/or who transacts or avails of the Services through this Website, to make or receive payments to or from third parties. The term also covers personnel of a user who are authorised to avail of the Services on the user's behalf.

"Payee" means any person to whom a payment is made using the Services (including a user who uses the Services to receive payment).

"Payer" means any person who makes a payment using the Services (including a user who uses the Services to make payment).

"Products" means any services or products purchased or offered for sale by a user to third parties using the Services. Products do not include the banned products and services listed in Annexure A.

"Service Provider" means a bank, association, facility provider, card issuing institution, acquiring bank, other financial institution, card processor or clearing house network whose facilities or services are used in providing the Services.

"Transaction" means a payment instruction that results in the successful transfer of money (a) from a user to a payee; or (b) from a payer to a user.

"Transaction Amount" means the total amount payable or receivable by a user or payee, including all taxes, charges, interest, delivery costs and commissions.

Eligibility

The Website and Services are intended solely for persons who can form legally binding contracts under Indian law and who are 18 years of age or older. Any access to or use of the Website or Services by anyone under 18 is prohibited. By using the Website or Services, the user represents and warrants that they are 18 or older and competent to contract, and that their payers and payees are similarly competent to contract.

The user represents and warrants that they have full power and authority to use the Services and are in strict compliance with all laws.

These Terms shall be read together with any terms and conditions issued by a service provider from time to time, and with our Privacy Policy.

Registration

To avail the Services, a user must be registered with Southpay Digital Solutions and its service providers, and must provide all documents that may be required (KYC).

By registering, the user agrees to provide true, accurate, current and complete information, failing which Southpay Digital Solutions may reject the registration and terminate the user's right to use the Website and/or Services. On registration, a user account is created and associated with the user's login ID, password, transaction PIN and other identifying information. The user is responsible for everything that happens through their account.

Use of Services

The Services may be used by the user for making and receiving payments to and from third parties and for the other services offered on the platform.

Login credentials are issued to the user, and the user accepts sole responsibility for the use, confidentiality and protection of those credentials, including the password and transaction PIN, and for all instructions entered using them.

Southpay Digital Solutions has no obligation to verify the authenticity of a transaction other than through the user's login credentials and basic KYC information. The user shall at all times take appropriate steps to keep this information secure and confidential. Southpay Digital Solutions shall not be liable for any mistake or misuse of the Services by the user, by any person authorised by the user, or by any person gaining access to the Services through the user. Southpay Digital Solutions accepts all instructions originating from the user's account in good faith. The user shall indemnify Southpay Digital Solutions for direct or indirect losses resulting from disclosure of sensitive information by or through the user.

On receiving the necessary details from the service provider, Southpay Digital Solutions shall initiate the required payment to the payee or user as instructed.

Confirmation of a transaction performed using valid login credentials is conclusive evidence of the transaction. The user is responsible for providing correct and current payee information. Where a payment relates to a purchase of products, Southpay Digital Solutions is not required to ensure that the products have been delivered. Any complaint about a transaction must be raised with Southpay Digital Solutions within 10 (ten) days of the transaction.

User Obligations

Each user shall:

• Provide correct and accurate information about the payer / payee.
• Provide Southpay Digital Solutions, on demand, copies of proof of delivery, invoices or other records relating to any transaction.
• Ensure that all licences and registrations required for their business are in full force.

User Shall Not

• Carry out any activity which is banned, illegal or immoral.
• Use the Services in any manner that violates any law or regulation, or that may cause Southpay Digital Solutions to be subject to investigation, prosecution or legal action.
• Make or receive payments for any product listed in Annexure A (banned items).

The user shall comply with all laws, rules and regulations and with the guidelines of card networks, acquiring banks and service providers.

The user shall not sell, provide, exchange or otherwise disclose to third parties, or use themselves (other than to complete a transaction or as required by law), any personal information about any third party, including account details and mobile numbers, without that person's prior written consent.

The user shall take all reasonable precautions, and any precautions directed by Southpay Digital Solutions, to prevent any breach of security. Any loss caused by a breach of security on the user's side shall be borne by the user, who shall indemnify Southpay Digital Solutions and its service providers against it.

The user is responsible for paying all applicable taxes.

A user shall never ask any other person for their passwords, account numbers, card numbers, PINs or OTPs.

A user shall use information about a payee or payer only to complete the transaction for which it was provided.

A user shall inform Southpay Digital Solutions in writing of any change in email address, mobile number, address, ownership, legal status or cessation of business, 30 working days in advance.

The user shall not interfere with or damage the Website, including through viruses, bots, harmful code, denial-of-service attacks, spoofing or similar methods. Southpay Digital Solutions may investigate and prosecute such violations to the fullest extent of the law.

Fees

In consideration of the Services, the user shall pay Southpay Digital Solutions the fees and charges shown on the platform before each transaction, or as agreed in writing.

Southpay Digital Solutions shall deduct its transaction fees plus applicable GST per successful transaction. All other taxes, duties or charges shall be borne by the user unless otherwise agreed. Southpay Digital Solutions may revise its fees and commissions, including when rates charged by banks, card networks or service providers change, or as required by RBI guidelines.

Transaction fees charged for a confirmed transaction shall not be refunded, irrespective of the transaction being rejected, charged back, refunded or disputed, except as set out in our Refund & Cancellation Policy.

Specific Terms

Southpay Digital Solutions acts as an intermediary that processes payments and does not control the activities of the businesses for which it processes payments.

Southpay Digital Solutions is not responsible for disputes between users and their payers / payees, including about price, delivery, non-delivery, delay or quality of products. Such disputes shall be settled directly between the parties.

Southpay Digital Solutions does not guarantee the timing of payments, which depends on banks, card issuers, processors and other service providers, and is not liable for delays in payment or availability of funds.

Southpay Digital Solutions is not a party to any agreement between a user and their payers / payees.

The user is responsible for any incorrect information provided to Southpay Digital Solutions.

Any request from a bank or legal authority to block an account or mark a lien on any amount will be passed on to the user, and the lien or block will be removed only when cleared by that bank or authority.

Southpay Digital Solutions and its service providers may impose limits on the number and value of transactions, and may refuse transactions exceeding those limits or by users with a history of questionable transactions.

Security

The user shall not hold Southpay Digital Solutions liable for any improper, fraudulent, unauthorised, duplicate or erroneous use of their account, mobile or email. If any third party gains access to the Services through the user, the user shall be responsible and shall indemnify Southpay Digital Solutions against any resulting liability, costs or damages.

The user is fully liable for (a) any unauthorised use of their account, mobile or email; and (b) all authorised transactions on their account.

Southpay Digital Solutions shall have no liability for any loss or damage arising directly or indirectly from:

• Any defect in products or services supplied to the user;
• Any inability of a third party to supply or deliver products;
• The refusal of any person (including a service provider) to honour or accept a payment;
• The malfunction of any computer terminal or equipment;
• Use of the Services by any person other than the user;
• Any mis-statement, error or omission in details provided to Southpay Digital Solutions.

Termination

If Southpay Digital Solutions or a service provider suspects, on reasonable grounds, that a user has breached these Terms or committed any act of dishonesty or fraud, Southpay Digital Solutions may (a) suspend all payments; (b) suspend or deactivate the user's account; and (c) terminate the user's access to the Website or Services, pending enquiry. A user may close their account at any time by writing to us. Once an account is closed, Southpay Digital Solutions has no obligation to return any data, except as required by law.

Indemnity

The user shall indemnify Southpay Digital Solutions against all liabilities, judgments, damages, losses, claims, costs and expenses arising from any claim brought by another user, service provider or third party relating to (i) delivery, non-delivery, delay, deficiency or mistake in products sold; (ii) breach or non-performance by the user of these Terms; or (iii) any act, error, misrepresentation, wilful misconduct or negligence of the user or their employees or agents.

The user shall comply with all terms that Southpay Digital Solutions or any service provider may prescribe from time to time. All transactions carried out through this Website in compliance with these Terms are legally binding.

Confidentiality

The user shall not disclose or use any non-public information learned through the Website or Services. If compelled by a court or authority to disclose such information, the user shall promptly notify Southpay Digital Solutions and cooperate in protecting it.

Southpay Digital Solutions may access, preserve and disclose user information if required by law, or if reasonably necessary to (i) respond to claims or comply with legal process; (ii) prevent fraud, assess risk, investigate, support customers or improve the product; or (iii) protect the rights, property or safety of Southpay Digital Solutions, its users or the public.

Intellectual Property Rights

The Website content and the trademarks, service marks and logos on it are owned by or licensed to Southpay Digital Solutions and may not be copied, reproduced, distributed or otherwise used without prior written consent.

Privacy Policy

Use of the Website involves the collection, use and storage of user information as described in our Privacy Policy, which forms part of these Terms.

Disclaimer of Warranties

Southpay Digital Solutions acts as an intermediary between banks, service providers and users. All content and functionality on the Website is provided "as is", without warranty of any kind, express or implied, including merchantability, fitness for a particular purpose, title and non-infringement. Southpay Digital Solutions does not warrant that the Website or Services will be uninterrupted or error-free.

The user's use of the Website and Services is at their sole risk. Southpay Digital Solutions and its officers, employees and agents shall not be liable for any direct, incidental, punitive, special, consequential or exemplary damages resulting from the use of, or inability to use, the Website or Services.

Limitation of Liability

To the maximum extent permitted by law, the entire risk arising from use of the Website and Services remains with the user. Neither Southpay Digital Solutions nor any party involved in providing the Website or Services shall be liable for any incidental, special, exemplary or consequential damages, including loss of profits, data or goodwill, service interruption or system failure.

Except for its obligation to process payments as described in these Terms, the total liability of Southpay Digital Solutions arising from these Terms or the user's use of the Website and Services shall not exceed the amount paid by the user for using the Website, or Rupees one thousand (₹1,000), whichever is less.

General Terms

All payments are made in Indian Rupees unless stated otherwise.

Southpay Digital Solutions may change any fee or charge or introduce new fees as permitted by law. Revised Terms take effect when posted on the Website.

The user may receive service announcements, advertisements and administrative communications from Southpay Digital Solutions.

All information provided by the user must be accurate, current and complete. Southpay Digital Solutions is not liable for any loss caused by incorrect information provided by the user.

Southpay Digital Solutions and its service providers shall not be liable for any loss arising from loss of data, interruption of access to the Website or Services, or any consequential loss of profit, business, revenue or goodwill. The services of any service provider passed on to users may be discontinued by that service provider at any time. In the event of interruption, Southpay Digital Solutions' sole obligation is to use reasonable efforts to restore the Services as soon as possible.

Any link to a third-party website is not an endorsement of that website. Southpay Digital Solutions does not endorse any advertiser or merchant linked from its Website.

Southpay Digital Solutions may, at its discretion and without liability, restrict or terminate a user's access to the Services, modify or discontinue any Service, or require a user to provide details of any transaction.

The user shall not describe themselves as an agent or representative of Southpay Digital Solutions, or make any representation or give any warranty on its behalf.

Southpay Digital Solutions shall not be liable for any failure caused by a force-majeure event, such as natural disaster, fire, flood, power or communication failure, equipment breakdown, strike, lock-out or any cause beyond its control.

If any part of these Terms is held invalid or unenforceable, it shall be replaced by a valid provision that most closely matches its intent, and the rest of the Terms shall remain in effect.

Southpay Digital Solutions may assign or transfer its rights and obligations to another party.

Any dispute relating to these Terms shall be subject to the exclusive jurisdiction of the courts in Chennai, Tamil Nadu.

No failure or delay by Southpay Digital Solutions in exercising any right shall operate as a waiver of it.

Contact

For any queries, contact Southpay Digital Solutions, 36, Vidhya Lakshmi Street, Lakshmi Nagar, Mudichur, Chennai, Tamil Nadu, India – 600048, or write to southpaydigital@gmail.com.

Annexure A: Banned Items

Users shall not make or receive payments for any of the following:

• Adult goods and services, including pornography and other sexually suggestive material; escort or prostitution services.
• Alcohol and alcoholic beverages.
• Body parts, including organs.
• Bulk marketing tools such as email lists or software enabling spam.
• Cable descramblers and black boxes used to obtain cable or satellite signals for free.
• Child pornography.
• Copyright unlocking devices, unauthorised copies of copyrighted media and software.
• Counterfeit and unauthorised goods, including replicas, fake autographs and counterfeit stamps.
• Drugs and drug paraphernalia, and drug test circumvention aids.
• Endangered species and their derivatives.
• Government IDs or documents, including fake IDs, passports and diplomas.
• Hacking and cracking materials.
• Illegal goods or material enabling illegal acts.
• Miracle cures and unsubstantiated health remedies.
• Offensive goods that defame any person or group, incite violence or promote hatred, and crime-related items.
• Prescription drugs, herbal drugs or online pharmacies.
• Pyrotechnic devices, combustibles, corrosives and hazardous materials.
• Regulated goods, such as air bags, mercury batteries, refrigerants, industrial solvents, government uniforms, licence plates, police badges, lock-picking devices, pesticides, slot machines and surveillance equipment.
• Securities, including stocks and bonds.
• Tobacco and cigarettes.
• Traffic devices, such as radar detectors / jammers and licence plate covers.
• Weapons, including firearms, ammunition, knives and their parts.
• Wholesale currency, discounted currencies or currency exchange.
• Live animals or animal hides, skins, teeth, nails and other parts.
• Multi-level marketing collection fees, matrix schemes, work-at-home schemes and drop-shipped merchandise.
• Any product or service that does not comply with applicable laws, including the laws of India.