Terms & condition

Terms and Conditions

1. Introduction
   • This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable. This electronic record is generated by a computer system and does not require any physical or digital signatures.
   • This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and “Terms of use” for access or usage of this mobile application ("App").
   • The Terms and Conditions (T&C) contained herein along with the Privacy Policy and Terms of Use, constitutes a legally binding Agreement between the user Hippyness Brands Private Limiteds Website & Mobile application named "PAYMENOW".The App is owned and controlled by HIPPYNESS BRANDS PRIVATE LIMITED
   • These terms of use ("Terms"), including the various policies incorporated by reference in these Terms, govern your access to and use of this App, its website and the underlying services provided by us through the App, including our SMS, APIs, email notifications, applications, buttons, widgets, ads, commerce services, and our other covered services that may link to these Terms (collectively, the "Services"), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on or as a part of the Services (collectively referred to as "Content"). Your access to and use of the Services, however accessed, constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between You and PAYMENOW. When You use any of the Services provided by Us through the App/website, you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such Service, and they shall be deemed to be incorporated into and shall apply in addition to these Terms. If you transact on the App or our website, you shall be subject to the policies that are applicable to the App/Website for such transactions.
   • By downloading or using the app, these terms will automatically apply to you - you should make sure therefore that you read them carefully before using the app. If you do not agree to these App Terms, you must immediately uninstall the App and discontinue its use. You shall be a person of legal age and not barred to execute an Agreement as per the laws of India at the time of sign-up. If you have any questions regarding our App, you can email us at [email protected]
2. Changes
   • HIPPYNESS BRANDS PRIVATE LIMITED, reserves the right to suspend / cancel, or discontinue any or all channels, products or service, make modifications and/or alterations in any or all of the content, products and services contained on the App at any time, without prior notice.
3. Definitions
   • "Agreement"means the Terms and Conditions (T&C) contained herein along with the Privacy Policy and Terms of Use including other T&C at other App/Website of h . under the name. It will also include references to this Agreement as and when amended, notated, supplemented, varied or replaced.
   • "Mobile App"or "PAYMENOW"includes all online platform(s) (including PAYMENOW Mobile Application/s and Browser Extensions) owned and/or operated by Hippyness Brands Private Limited . providing users with the facility to find and use Value back offers available at Offline outlets & online marketplace.
   • "Vendor" / "merchants" / "affiliates"shall mean the person or any legal entity who offers for sale, sells, displays, the deals/ offers at their retail outlet or on the online platform provided by their respective websites and delivers the ordered products to the customers.
   • "Customer" / "Buyer"shall mean the person or any legal entity who accepts the offer for sale on goods/services by visiting the merchant outlets or by placing an order for and or purchases any deal offered for sale on affiliates.
   • "User/You/ Your"means and includes you and/or any person or an entity including Vendor/Merchant using or accessing the services provided on this App and any person who access or avail this App of the Company for the purpose of hosting, publishing, sharing, transacting, displaying or uploading information or views and includes other persons jointly participating in using the App. The term We", "Us", "Our"" shall mean the Company.
4. The Services
   • The User certifies that he/she is at least 18 (eighteen) years of age and is not by any reason, including without limitation reasons other than those related to the User’s age, barred under any law to execute any agreement.
   • These terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted or your login through other group or related ID. By using the services of PAYMENOW you agree to be bound by the Terms and Conditions.
   • All prices, unless indicated otherwise are in Indian Rupees.
   • By indicating User's acceptance to purchase any product or service offered on the App, user is obligated to complete such transactions after making payment. Users shall prohibit from indicating its acceptance to purchase products and services where it does not intend to complete such transactions.
   • PAYMENOW is neither responsible for any non-performance or breach of any contract entered into between Users nor make any representation or Warranty as to the attributes (such as quality, worth, marketability, etc.) of the products or services proposed to be sold or to be redeemed or offered to be sold by the seller or purchased by the buyer, on the App.
   • You are advised to independently verify the bona fides of any particular Deal/ Vouchers that you choose to buy with on the App and use your best judgment in that behalf. PAYMENOW accepts no liability for any errors or omissions, whether on behalf of itself or its channel partners/ Sellers/merchants or third parties.
   • In a credit card transaction, you must use your own credit card. PAYMENOW will not be liable for any credit card fraud. The liability to use a card fraudulently will be on the user and the onus to 'prove otherwise' shall be exclusively on the user. To provide a safe and secure shopping experience, we regularly monitor transactions for fraudulent activity. In the event of detecting any suspicious activity, PAYMENOW reserves the right to cancel all past, pending and future orders without any liability.
   • The User agrees to use the services provided by PAYMENOW, its affiliates, consultants and contracted companies, for lawful purposes only.
   • The User agrees not to make any bulk purchase, whether from offline merchant outlets or online merchant platforms through PAYMENOW, to indulge into any reseller activities. In case of any such instances, PAYMENOW reserves all rights to cancel the current and future orders and block the concerned User account.
   • The User agrees to provide authentic and true information. PAYMENOW reserves the right to confirm and validate the information and other details provided by the User at any point of time. User shall produce any document or undertaking which we may require for this validation. The User is responsible for the accuracy of their information and PAYMENOW is not responsible for any losses which may arise due to this information being inaccurate or incomplete. If upon confirmation such User details are found to be false, not to be true (wholly or partly), PAYMENOW shall in its sole discretion reject the registration and debar the User from using the Services available on its App, and / or other affiliated websites without prior intimation whatsoever.
   • PAYMENOW will not be responsible for any damage suffered by users from use of the services on this APP. This includes without limitation loss of revenue/data resulting from delays, non-deliveries, missed deliveries, or service interruptions as may occur because of any act / omission of parties. This disclaimer of liability also applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behaviour, negligence, or under any other cause of action.
   • Failure/ denial by a merchant/vendor to honour the deal in case of offline outlets or online transaction needs to be reported within 24 hrs of the transaction.
   • Cancellation on user's request, may not be allowed, subject to the specific terms and conditions applicable to the type of product or service purchased.
   • All order/sub orders cancelled will be refunded as per the payment mode selected by customer.
   • PAYMENOW as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the pre-set limit mutually agreed by us with our acquiring bank from time to time.
   • PAYMENOW reserves the right to send transactional emails and SMS's related to any order placed by a User and the User agrees that the same will not be tantamount to spam. By submitting your mobile number, you agree to receive calls/SMS's from PAYMENOW or its authorized representative, irrespective of your registration on Do Not Disturb (DND) with your telecom service provider.
   • You agree to receive calls from PAYMENOW and its agents, merchants, courier partners seeking clarification/information regarding your order and any other related information as and when required and disclaim any liability of PAYMENOW in this regard.
   • This Mobile App is only a platform for interaction and facilitation of legally recognised transactions between the merchant and potential customer. PAYMENOW acts merely as a facilitator for such sale and all commercial / contractual terms are offered independently by the merchants/ affiliates and agreed to by user/buyers independently and PAYMENOW assumes no liabilityqua the deficiency in services, potency of goods and services etc arising from or incidental to such transactions. The commercial / contractual terms include without limitation price, shipping costs, date, period, mode of delivery, warranties related to products and services including after sales services related to products and services, etc., over which the merchant/seller has complete control and the same may be subject to change and PAYMENOW has no control over it
   • You agree, understand, and acknowledge that PAYMENOW is an online platform, a venue enabling the users to buy any highly curated list of deals/offers, Gift Vouchers and extra discounts by means of value back/cash back. Once a User chooses the most appropriate deal through the App, they are automatically redirected to the concerned Merchant's website or they avail the offers by visiting the merchant's outlet where the User can purchase the products or service on which the offer is applicable.
   • Value back/cashback given is given for a period of 30 days unless mentioned otherwise. Cashbacks/valuebacks expire post this period.
   • Providing of Value back/cashbacks is solely dependent on confirmation of the purchase by the Merchant. You hereby acknowledge and agree that in case of failure of confirmation of a purchase by a Merchant or non-payment of commission by the Merchant to PAYMENOW, PAYMENOW may refuse to credit any form of value back/cashback to User Account. PAYMENOW also reserves the right to cancel pending or confirmed/earned value back/cashback, withdrawal requests or withhold payments indefinitely if we detect unscrupulous activity, fraud (including self-referral) or bulk purchases made by the user. PAYMENOW reserves the right to reduce or remove the available amount without any prior notice or suspend or block or delete the account of the User without prior notice at its sole discretion. We may also add an expiry date to the earned value back vouchers/cashback and bonus without any prior notice and reduce or remove the available vouchers/points if you do not use it before the expiry date.
   • PAYMENOW reserves the right to terminate all past, pending and future orders including cashback(s) of User(s), without assigning any reason, at its sole discretion without any liability arising out of the foregoing action(s) of PAYMENOW.
   • PAYMENOW reserves the right to modify/change all or any of the terms of applicable to Value back/Cashback(s) offer(s) without assigning any reason or without any intimation whatsoever to User. Further, PAYMENOW also reserves the right to discontinue the Value back/Cashback(s) offer without assigning any reason or without any prior intimation whatsoever.
   • You further agree and acknowledge that the App is not involved in any sale and purchase of goods/products/services and cannot warranty or guarantee the quality and merchantability of the goods purchased utilising the deals/ coupons/vouchers purchased. PAYMENOW is only a facilitator and intermediary and cannot be construed a party to or control in any manner any transactions between the Vendor/Seller and the user/Customer/Buyer. PAYMENOW shall neither be responsible nor liable to mediate or resolve any disputes or disagreements between the Users and the Vendors.
   • PAYMENOW shall neither be liable nor responsible for any actions or inactions of Vendors and/or merchants/Sellers or any breach of conditions, representations or warranties by the merchant or manufacturer of the products. PAYMENOW does not sell or retail any products and does not ensure that the Users shall perform their obligations in respect of the transaction concluded on this App and further expressly disclaims any warranties or representations express or implied in respect of quality, safety, merchantability, fitness for a particular purpose, or legality of the products listed and transacted on App.
   • You further agree and undertake that you are accessing the services available on this App and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this App.
   • PAYMENOW accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
   • PAYMENOW shall not be responsible and shall not be responsible for any non-performance or breach of any contract entered between Users.
   • Before redeeming your product or placing an order you are advised to check the Deal description carefully. By placing an order for a Deal you agree to be bound by the conditions of sale included in the Deal's description.
   • The agreement between you and PAYMENOW is subject to the following terms and conditions:
5. Use Of Contents
   • The contents of the PAYMENOW Software / application / website can be viewed and used on your mobile for making purchases of various types of goods and services through various mediums designated by PAYMENOW and, configure to the Contents that PAYMENOW publishes or broadcasts via its Software. You also grant Us the right to sub-license these rights, and the right to bring an action for infringement of these rights. We reserve the right to edit or remove any material submitted to this App, or stored on Our servers, or hosted or published upon this App
   • Notwithstanding anything contained here, you agree and acknowledge that PAYMENOW may have procured the Contents or part thereof under valid licenses, and then in case the delivery of the Contents and/or the Software or part thereof is stopped due to the termination of the such license agreements with the third party, then PAYMENOW shall stop the use of such Contents or part thereof and you shall not raise any objection to the same and claim any loss from PAYMENOW thereupon.
   • We have the right to upload content on behalf of third parties, subsequent to collecting such information and verifying it if we deem it necessary. Notwithstanding this, we can in no way be held liable for any false or misleading information.
   • Users of our App may post reviews, comments, and other content; as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam". In case a User uses a false e-mail address, impersonates any person or entity, or otherwise misleads as to the origin of any content, PAYMENOW has the right to remove, refuse, delete or edit any content that violates these Conditions of use and, or terminate your permission to access or use our website.
6. Links
   • The Services may contain links to third-party websites or resources. You acknowledge and agree that PAYMENOW is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by PAYMENOW of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
7. Compliance with Laws:
   • As required by applicable law, if the User makes a purchase of an amount equal to or above INR 200,000/- (Two Lacs), the User will be required to upload a scanned copy of his/her PAN card on the Platform, within 48 hours of making the purchase for activating the deal/ purchase, failing which, the purchase made by the User will be cancelled without any responsibility on part of PAYMENOW. The requirement to submit the PAN card arises only once and if it has been submitted once by the User, it need not be submitted again. The order of the User shall stand cancelled if there is a discrepancy between the name of the User and the name on the PAN Card. In case of cancellation in such cases, the amount shall be refunded to the User’s credit card/ bank account/ UPI account etc. as per the refund policy of PAYMENOW.
   • User/Buyer shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility at co.in.
   • Nothing on the App constitutes, or is meant to constitute, advice of any kind. All the Products sold or services purchased through the App are governed by different state laws and if the Seller or PAYMENOW is unable to deliver such Products due to implications of different state laws, the Seller will return or will give credit for the amount (if any) received in advance by Seller from the sale of such Product that could not be delivered to you. There shall be no compensation, whether by way of credit or refund, in respect of Samples as all Samples are delivered free of cost.
8. Intellectual Property Rights
   • Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, the Services contains content to which PAYMENOW owns all intellectual property rights, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks ("PAYMENOW Content"). You acknowledge and agree that you shall not use, copy, imitate, reproduce or distribute any PAYMENOW Content without obtaining authorisation from PAYMENOW.
   • Notwithstanding the foregoing, it is expressly clarified that you will retain ownership and shall solely be responsible for any Content that you provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of our various Services. Instead, you hereby grant to PAYMENOW a nonexclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the Content that you post on or through the Service, subject to PAYMENOW's Privacy Policy.
   • Some of the Service is supported by advertising revenue and may display advertisements and promotions, and you hereby agree that PAYMENOW may place such advertising and promotions on the Service or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you. You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.
9. License
   • You acquire absolutely no rights or licenses in the Contents other than the limited right to access on your mobile/computer. It is clarified that you cannot download any Contents from the App/Website and you can only live stream the same. PAYMENOW is also not responsible for slow internet connection you use to access the Service or disruption in the internet services leading to rejection of orders and/or deduction of payments, a bad quality of the equipment you use to access the Service.
10. Limitation Of Liability
    • Under no circumstances, shall PAYMENOW, its suppliers, agents, directors, officers, employees, representatives, successors, or assigns be liable to any user on account of such user's use, misuse or reliance on the platforms for any damages whatsoever, including direct, special, punitive, indirect, consequential or incidental damages or damages for loss of profits, revenue, use, or data whether brought in warranty, contract, intellectual property infringement, tort (including negligence) or other theory, even if PAYMENOW is aware of or has been advised of the possibility of such damage, arising out of or connected with the use (or inability to use) or the materials or the internet generally, reliance upon or performance of any material contained in or accessed from any platforms.
    • PAYMENOW does not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product, service or process disclosed on the platforms or other material accessible from the platforms.
    • The user of the platforms assumes all responsibility and risk for the use of this platform and the internet generally. The foregoing limitations shall apply notwithstanding any failure of the essential purpose of any limited remedy and to the fullest extent permitted under applicable law. Some countries do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to all users; in such countries liability is limited to the fullest extent, as permitted by law.
    • THE PAYMENOW ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORISED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
    • THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE PAYMENOW ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
    • Notwithstanding anything to the contrary contained herein, the extent of liability under all circumstances shall not exceed the transaction or service fee received by PAYMENOW on the disputed transaction from the User/ Buyer or the Merchant/ vendor/ Affiliate etc., as the case may be.
11. Shipping Policy
    • How much are the delivery charges? Sellers charge a nominal delivery fee and the charge varies depending on the seller and your delivery location. Kindly refer to the product page to understand the actual delivery fee for a specific product based on your pin code.
    • Does PAYMENOW deliver globally? PAYMENOW is not yet available globally and hence delivery is only possible within India. So, you can shop on our site from anywhere in the globe, but please make sure the delivery address is in India.
    • Why are some products not available for delivery in my location? Certain areas may not be serviceable sometimes depending on the following factors: - The presence of trusted sellers in your area - Legal limitations on the shipping of certain products to your area - The presence of trusted courier partners near you Sometimes sellers choose not to ship to particular places at their discretion.
    • If you want to know if the goods may be delivered to your location, please enter your pin code on the product page.
    • Why isn't the COD option available in my location? The availability of COD is reliant on our courier partner's capacity to accept cash as payment at the time of delivery at your location. Your order value may have surpassed this restriction since our courier partners have caps on the cash amount that must be paid at delivery depending on the destination. On the product page, please input your pin code to see if COD is offered where you are.
    • How do I set up a pickup for an item I want to return? You can raise a request to return your items with these simple steps: 1. Log into your PAYMENOW account 2. Go to My Orders 3. Click on 'Return' against the item you wish to return or exchange 4. Fill in the details and raise a return/exchange request
    • Once you raise a return request, you'll get an email and SMS confirming
    • That your request is processed. Based on the item, your request may be automatically approved or, you may be contacted for more details. If the request/exchange is approved, the item will be picked up, after which you will get a replacement or refund. You can also track the status of your return request instantly from the 'My Orders' section of your PAYMENOW account.
    • When can I expect to get the order?Ideally it takes 5-8 days on average to deliver an order. Kindly refer to the product page to understand the exact estimated delivery days for a specific product based on your pin code.
    • In most cases, sellers obtain and dispatch the goods within the time frame mentioned on the product page. Sundays and legal holidays are not considered business days. The following elements affect the estimated delivery time: - The Seller - Availability of the Product with the Seller - The location of the seller and the address where you want the order shipped.
    • Why does each seller's estimated delivery time differ? The same product may likely have a different estimated delivery time from different sellers. The availability of the product, the seller's location, the shipping destination, and the courier partner's time-to-deliver in your area all affect how quickly packages are delivered.
    • Are there any hidden charges on products sold by Sellers on PAYMENOW such as sales tax, octroi, etc.? The prices listed on PAYMENOW are fixed and inclusive. The price listed on the product page is the final cost to you. Additionally, only delivery fees are levied (if at all) in accordance with the seller's shipping regulations.
    • Cash back to be credited to customer wallet.
    • Administration of cash back will be at the sole discretion of PAYMENOW.
    • A customer cannot purchase more than 2 same products. PAYMENOW may cancel any Bulk quantity of any such products ordered.