The utilization or access to the services offered by STARLFINX INDIA PRIVATE LIMITED ("Starlfinx", "we," "us," or "our") is subject to these Terms and Conditions ("Terms"). As a user ("Merchant," "you," "your"), please carefully examine these terms before using or accessing the services. By accessing and using the Services, you acknowledge and agree to be legally bound by these Terms. This action establishes a contractual relationship between you and Starlfinx. If you do not agree to these terms, you are not authorized to access or use the Services.

Definitions:

  • Acquiring Bank: Refers to various banks and financial institutions, authorized to acquire, authorize, and authenticate online payment transactions.
  • Terms and Conditions / Agreement: Encompasses this set of terms and conditions, along with the declaration, indemnity, and any additional tables, schedules, appendices, annexures, and exhibits attached or referenced.
  • Authentication: The process whereby the customer's identification is verified by the Card Schemes, Issuing Bank, or Payment Instrument Provider.
  • Authorization: The process through which the Issuing Bank/Institution and/or the relevant Acquiring Banks/Payment Instrument Provider, Card Schemes electronically or otherwise convey approval for a charge on a transaction initiated by a customer.
  • Business Days: Refers to days on which Starlfinx/Service Provider and Facility Providers are open for business in India, excluding Sundays and public holidays.
  • Card Schemes: National or payment card networks, including but not limited to MasterCard, Maestro, Visa, Diners, American Express, and Rupay, responsible for authenticating, authorizing, and enabling card transactions.
  • Chargeback: Approved reversal of an online card transaction, typically due to alleged forgery, duplicate processing, denial by the customer, non-delivery, deficiency in products or services, or other reasons specified by the concerned banks.
  • Customer: Any person holding a valid payment instrument intending to purchase products or services from the merchant and making payment over the internet using a payment instrument.
  • Customer Charge: In respect to products or services, it includes the sale price, shipping charges (if any), and all other taxes, duties, costs, charges, and expenses charged to the customer's valid payment instrument.
  • Escrow Bank Account: The bank account held by the service provider for pooling funds collected from customers on behalf of the merchant, facilitating fund transfers to the merchant after deducting applicable charges.
  • Facility Providers: Various Acquiring Banks, Financial Institutes, Card Schemes, Issuing Banks/Institutions, Payment Instrument Providers, and third-party service providers participating in the authorization/authentication of online payments.
  • Financial Institutes: All bank and non-banking financial institutes authorized to issue valid online payment instruments or participate as facilitators in online transactions.
  • Service: Tangible or intangible services provided to the customer by the merchant, with payment made on the customer's valid payment instrument.
  • Service Provider's Website: The website established by the service provider for enabling online trading instructions by the merchant's customers.

Eligibility Criteria: You confirm the following:

  • Legal Capacity: You have complete legal capacity and authority to agree to these Terms.
  • Age: You are at least eighteen(18) years old.
  • Residency: You are a resident of India.
  • Licenses and Authority: You possess all required licenses, registrations, rights, power, and authority to comply fully with these Terms and Conditions.

If representing an entity:

  • You affirm the power and authority to bind the entity to these Terms.

Account Security:

To identify their account with Starlfinx, users' mobile number, Permanent Account Number ("PAN"), and email will be utilized ("Account"). Users are advised to set a robust password and Personal Identification Number ("PIN") for account protection. Sharing the password, PIN, or any confidential information is strictly prohibited. Starlfinx and its Service Providers will never request a user's Account password, PIN, OTP, or any other Confidential Information under any circumstances. If users suspect any compromise in the security of their Account, it is recommended to immediately change the Account password and PIN. If securing the Account becomes challenging or there is a reason to believe it may be compromised, users should promptly notify Starlfinx.

User Registration and Usage of Services:

  • Eligibility and Responsibility:

You must register on the Website only if you are 18 years of age or above and can enter into binding contracts in accordance with applicable laws. You are accountable for maintaining the confidentiality of your passwords and login information. Any use of the Website or Services using your password and login information, with or without our permission, is your responsibility. You must also provide accurate, current, and complete information about yourself when prompted by the Website. Starlfinx holds the right to suspend or terminate your account if you provide false or incomplete information.

  • Information Accuracy:

You agree to provide true, accurate, current, and complete information about yourself. If the provided information is inaccurate or incomplete, Starlfinx reserves the right to suspend or terminate your account.

  • Communication Consent:

By using the Website, you agree to be contacted by Starlfinx or third parties for various products, services, or marketing campaigns through electronic communication or phone.

  • Information Sharing:

You agree to Starlfinx sharing your information with partner banks, financial institutions, affiliates, vendors, service providers, and third parties as required for providing products, services, or value-added services.

  • KYC Document Submission:

Before availing of any Service, you shall provide necessary KYC Documents. Starlfinx may conduct due diligence measures and seek information for KYC purposes. Starlfinx reserves the right to monitor, review, retain, or disclose information as necessary.

  • Merchant Responsibilities:

You are responsible for after-sales services, payment, invoicing, collection, customer inquiries, technical support, and any other obligations related to your products or services. You indemnify Starlfinx for claims arising from such services.

  • Data Consent:

You consent to providing personal information and authorizing Starlfinx to derive data from any source necessary for completing your profile or application. Starlfinx adheres to industry practices and privacy laws.

  • User Representations:

You represent that you are duly incorporated, have legal capacity, and have accepted these Terms as a legal, valid, and binding obligation.

Merchant Registration Responsibilities:

  • Users are required to furnish precise, up-to-date, and comprehensive information regarding themselves (Registration Data), Payment accounts, Payment Instruction(s) (Payment Data), and Merchant & payee details (Authentication Data).
  • Users are obligated to maintain and promptly revise Registration Data, Payment Data, and Authentication Data to ensure accuracy.
  • Starlfinx retains the authority to suspend or terminate accounts if the provided information is discovered to be false, inaccurate, outdated, or incomplete, resulting in the denial of any present or future Service utilization.
  • Failure to provide accurate registration information will render users unauthorized to access the service, resulting in immediate account termination.
  • Users pledge not to deliberately exclude or misrepresent any significant facts or information during registration, committing to promptly update any changes or inform Starlfinx in writing.
  • Users explicitly grant consent and authorization to Starlfinx for the verification of Registration Data as deemed necessary for Service utilization and access on the website.

Service Scope:

Starlfinx SERVICES

  • As a payment gateway company, we provide services through https://starlfinx.com/.
  • Our technology supports business growth by offering listing services, logistics, payment services, education platforms, and additional value-added services.
  • Endorsement of you, your products, or services on the Merchant Dashboard is not explicitly provided by us.
  • Linking to our platform should not suggest affiliation, approval, or endorsement unless expressly permitted. Unlawful linking or actions harming our goodwill are strictly prohibited.

PAYMENT AGGREGATION SERVICES

  • Starlfinx collaborates with a Payment Partner for seamless payment processing, governed by Payment Partner Terms, with Starlfinx not liable for the Payment Partner's actions.
  • Consent is granted to the Payment Partner for settling Transaction Amounts per Payment Partner Terms.
  • Queries, concerns, or complaints about Payment Aggregation Services can be directed to info@starlfinx.com.

ACCESS TO SERVICES

  • Subscription plans may impose limitations based on type, each with specific benefits, abilities, and fees. We retain the right to enable/disable certain features on your account.
  • Authorization is granted for charging the subscription term if the chosen payment method supports auto-renewal, automatically extending access to Services.
  • Acknowledgment is made that Services may change to comply with the law, and users cannot hold us responsible for limitations imposed by legal requirements.

THIRD-PARTY SERVICES

  • Incorporation of Third-Party Services in our offerings includes services, materials, documents, and information from third parties.
  • Users agree to use Third-Party Services at their own risk, with third parties assuming responsibility for them.
  • No promises or responsibility are assumed for outcomes related to Third-Party Services. Users are bound by the terms, conditions, and privacy policies of third parties providing these services. Intellectual property rights for Third-Party Services belong to the respective third parties.

Payment:

Starlfinx will levy applicable fees for the provision of Services, determined by Starlfinx in terms of manner, rates, and frequency. The right to update fees at its sole discretion is reserved by Starlfinx. Fees are exclusive of applicable taxes, and Starlfinx will impose such taxes on the fees periodically. You agree that any statutory variations in applicable taxes during the term of these Terms shall be your responsibility.

Monthly invoices for Service fees will be generated, accessible on the dashboard. Any dispute regarding an invoice must be communicated within a few days from the invoice date. Starlfinx will make good faith efforts to reconcile any reasonably disputed amounts. You are responsible for daily reconciliation of all processed transactions. In case of discrepancies, you must report to Starlfinx within three (3) working days. If reconciliation issues are raised after this period, Starlfinx will not be liable if such queries are not resolved.

Communication Policy:

The User acknowledges and agrees to the following:

  • Starlfinx may send transactional or non-transactional business communications via SMS, Email, or Push notifications to fulfill the User’s request or service their account.
  • Even after opting out of marketing communications, the User may continue to receive transactional and critical communications from Starlfinx.
  • Starlfinx will exert its best efforts to provide notifications, and it will be considered that the User has received the information sent by the Company during the use of the Starlfinx Platform or availing any Services.
  • Starlfinx is not obligated to confirm the authenticity of the person(s) receiving the alert. The User cannot hold the Company liable for the non-availability of any notification service in any manner whatsoever.

Limitation of Liability:

In no event shall Starlfinx or its directors, agents, officers, or employees be liable to a User for any special, indirect, incidental, consequential, punitive, 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 from or related to:

  • This Terms of Use or any other agreement entered into by a User with Starlfinx.
  • Starlfinx’s services, the Site, or any Reference site.
  • User’s use or inability to use Starlfinx’s services, the Site, or any Reference Sites, even if Starlfinx or a Starlfinx authorized representative has advised of the possibility of such damages.
  • Unauthorized access to or alterations of transmissions or data, any material or data sent or received or not sent or received.
  • Any transactions entered into by any third person or conduct of any other third party or any infringement of another’s rights.
  • The use of counterfeit or stolen cards, or stolen devices, or fraudulent electronic transactions.
  • Starlfinx retains the sole discretion to reverse any transaction, subject to the approval of the concerned Service Provider. However, notwithstanding the above, if any court of law finds that Starlfinx or its directors, officers, or employees are liable to indemnify a concerned User, such liability shall not exceed the amount paid by the concerned User, if any, for using the portion of Starlfinx’s services or the Site giving rise to the cause of action.

Users acknowledge and agree that Starlfinx has offered its products and services, set its prices, and entered into these Terms of Use and Applicable Agreement in reliance upon the warranty, disclaimers, and the limitations of liability set forth herein.

Users acknowledge that these provisions reflect a reasonable and fair allocation of risk between Users and Starlfinx and form an essential basis of the bargain between Users and Starlfinx. Starlfinx would not be able to provide services to Users on an economically reasonable basis without these limitations.

Merchant Responsibilities:

Transaction Fulfillment:

  • Fulfill all Transactions on the Merchant Site according to Customer instructions.
  • Ensure timely delivery as per specified requirements.

Product Offerings:

  • Avoid offering out-of-stock Products.
  • Take sole responsibility for product quality, efficiency, and merchantability.
  • Display rates inclusive of all applicable taxes.

Legal Compliance:

  • Comply with all applicable laws, rules, and regulations.
  • Obtain and maintain required approvals, licenses, and registrations.
  • Avoid offering illegal, offensive, or banned Products.

Regulatory Compliance:

  • Adhere to guidelines and regulations issued by RBI, Starlfinx, Acquiring Banks, and Card Associations.
  • Display clear policies on cancellation, refund, privacy, and terms of use.
  • Obtain Customer acceptance of all Merchant Terms and Conditions.

Payment Handling:

  • If providing One-Click Checkout, securely handle and not disclose card data without consent.
  • Have legal right and title to sell Products offered.

Consent to Data Usage:

In our commitment to providing you with optimal services, all data collected is handled in strict adherence to our Privacy Policy. This includes information pertaining to the Merchant Dashboard, your Account, utilization of Starlfinx Services, and electronic communications with Customers, encompassing grievance-related discussions. Backups of this data will be securely stored, and you grant us authorization to share these backups with the Payment Partner as required for the provision of Payment Aggregation Services and with relevant Authorities.

To enhance the efficiency of the Platform, we may employ information and data related to your Services usage for analytics, trend identification, and statistical purposes. This allows us to continually improve the effectiveness of the Services. With your explicit consent, the Platform tracks, organizes, and analyzes your Orders and Platform usage to offer various ancillary services. Your consent extends to the sharing of Order and Transaction information with our affiliates. Furthermore, you authorize us to use your Order or Transaction details to identify and procure appropriate ancillary services, with a potential facilitation fee charged for such services.

Indemnity:

By using the Platform and Services, you agree to indemnify Starlfinx, its parent company, affiliates, officers, associates, successors, assigns, licensors, employees, directors, agents, and representatives from any direct or indirect losses, actions, damages, penalties, costs and expenses, claims, demands, lawsuits, or judicial proceedings. This includes mistakes, misrepresentations, negligence, fraud, forgery, dishonesty, violations attributable to you, your personnel, agents, or representatives, or any third party using your Account, accessing the Platform, or using the Services in violation of these Terms. It also covers instances of breaking a rule or standard practice in your field and any claims made by an authority or a third party due to your actions or inactions, such as breaking these rules or engaging in activities outside the scope of these rules.

Changes to Terms:

We reserve the right to modify these Terms and Conditions and the Platform at any time. It is your responsibility to review these Terms and the Additional Terms each time you access the Platform or use the Services. Your continued use of the Platform and Services will be subject to the Additional Terms and these Terms, as amended from time to time. If you disagree with any changes, you should discontinue using the Platform and/or the Services.

We also reserve the right, for business and operational reasons, to limit access to our Platform. While we aim to notify you in writing of any such suspension or withdrawal as soon as possible, interruptions may occur.

Severability:

If a court or other authority finds that one of these Terms is illegal or unenforceable, the other terms will remain in effect. If a part of a rule that is illegal or unenforceable can be made legal or enforceable by removing it, that part will be removed, but the rest of the rule will still be in effect.

Force Majeure:

We are not responsible if we break these terms due to unexpected and uncontrollable events, such as failures in communication systems, system breaches, sabotage, natural disasters, civil commotion, strikes, riots, war, acts of government, unauthorized access to computer data, and more. In such cases, we will be granted a reasonable amount of extra time to fulfill our obligations, and we will make reasonable efforts to notify you about the Force Majeure Event.

Governing Laws and Jurisdiction:

Any dispute arising from these Terms must be brought to a court in India, and the laws of India will be applied to interpret and enforce them.

Contact Details:

For any questions, issues, or claims about the Services, you can contact us at info@starlfinx.com.