Below are the terms and conditions for use of any and all of Newgen Payment Gateway Pvt. Ltd.’s (Newgen) products and services.

Introduction

This agreement lists out various terms and conditions, which govern access to all products and services which are offered by Newgen Payment Gateway Pvt. Ltd. (“Newgen”), including but not limited to newgenpayments.com and affiliate websites, payment services, digital marketing, value added services, and website creation and hosting. These terms and conditions contain key provisions regarding your access to Newgen’s services. You must accept and agree to abide by the Terms and Conditions before using Newgen’s Services.

In case you do not agree to accept and abide by Newgen’s Terms and Conditions, please do not access or use Newgen’s services, this Website or any pages thereof and please do not avail of the Service offered by Newgen

These Terms and Conditions may be updated periodically without expressly informing users. The latest version will always be available at newgenpayments.com.

Definitions

Account” refers to the active account registered and used on Newgen’s Service for a specific Customer.

Customer” refers to the eligible customer(s) of the Service as authorized by Newgen.

Merchant” refers to any person/organization selling goods or services online and willing to accept payments for their products sold through their Newgen account.

Newgen” refers to Newgen Payment Gateway Pvt. Ltd. – a company incorporated in Amsterdam with KvK nr. 64567443 and under the Indian Companies Act 1956 with CIN: U72900DL2013PTC257716.

Notice” refers to notices issued by Newgen: to the visitor, the registered user or the merchant from time to time.

Service” refers to any present or future product, service or facility displayed or offered on or through the Website.

Visitor” refers to any person who accesses or visits the Website, whether or not such person has registered himself as a Registered Merchant. The term “Visitor” includes every Registered Merchant and Customer.

Website” refers to newgenpayments.com as well as all pages or subdomains of this domain, affiliate sites, and the applications and software being capable of being accessed.

Customer Eligibility

In order to access and use the Service, the Customer must be an individual of at least 18 years of age, who can enter into legally binding contracts under applicable law or a corporation, trust, association of persons, or firm which can enter into legally binding contracts under applicable law. In case of a corporation, trust, association of persons or a firm, you must be authorized to agree to the Terms and Conditions and to access, use and avail of the Service. If you do not qualify, please do not access or use the Service.

Your use of the Service is based on the understanding and agreement that by accessing and using the Service, you may be violating the local laws in The Netherlands, India and/or other applicable jurisdictions. You agree that you will be solely and absolutely liable for any liability incurred by you in this regard and you will indemnify Newgen against any liability incurred by Newgen in this regard.

Newgen reserves the right to terminate access to any customer at its sole discretion.

Registration

In consideration of your use of the Service, you agree to the following conditions:

  • to provide complete, and true information about yourself in the information fields contained the registration form or the merchant sign up form
  • to keep this information updated and accurate in cases of any change

If you provide any information that is untrue, inaccurate, not current or incomplete, or Newgen has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Newgen has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

Account Registration and Security

To register for the Service, Newgen will create your Account, utilizing your provided Registered Data & Email Address, to which it will send an email with an Activation Link for you to establish your Password. For certain Service components, you may be given access to an API Secret Key and Token.

You are solely and wholly responsible for maintaining the confidentiality of the Registration Data, Payment Data and Authentication Data, and are fully responsible and liable for all activities or losses borne from unauthorized use of your Account. Newgen will not be liable in any case for such unauthorized actions arising from the negligence of a Registered Customer.

It is presumed that a person utilizing the Account is the true Registered Customer. Newgen will not be liable for any mistake or unintentional error in data entry, configuration or other Customer-accessible data or functionalities.

In case of loss or reset of your password, a request may be sent to support@newgenpayments.com. Newgen may apply reasonable verification procedures to ascertain the identity of the registered user and may only send communication to the email registered and linked with the Account.

Notwithstanding anything stated elsewhere in the Terms and Conditions, and despite correct use of your ID and password, Newgen shall be entitled in its sole discretion (but shall not be bound) to seek offline and/or additional written or other confirmation from you of any instruction, transaction or activity as Newgen may deem fit.

Access Permission

  1. All Visitors (including Registered Users and Merchants) are specifically prohibited from the following:
    • Accessing the Website for any purpose which is unlawful in The Netherlands, India or other applicable jurisdictions;
    • Attempt to decompile or reverse engineer any of the software available on Newgen;
    • Modify, copy, distribute, transmit, display, perform, publish, license, create derivative works from, transfer or sell any information, designs, logos, trademarks, software, services obtained on or through the Website, except as permitted by the copyright owner or other right holder thereof;
    • Post or transmit any information or software which contains a virus, Trojan horse, worm or other harmful component;
    • Post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained from or through the Website for commercial purposes (other than as expressly permitted by the provider of such information, software or other material);
    • Publish any advertisements, solicitations, chain letters, Ponzi schemes, investment opportunities or schemes or other unsolicited commercial communication or engage in spamming or flooding;
    • Restrict or inhibit any other person from accessing or using Newgen’s Service;
    • Scrape or aggregate information on the domain relating to its products, prices, services and models. The use and access by BOTS are specifically prohibited on the Website;
    • Upload, post, publish, reproduce, transmit or distribute in any way any component of the Website itself or derivative works with respect thereto, except as permitted by Newgen or the copyright owner or other right holder thereof, the Website being copyrighted under the relevant laws;
    • Upload, post, publish, transmit, reproduce or distribute in any way, information, software or other material obtained on or through the Website which is protected by copyright or other proprietary right, or derivative works with respect thereto, except as permitted by the copyright owner or other right holder thereof;
    • You will not make any attempt to hack into the Website or otherwise attempt to subvert any firewall or other security measure of the Website and if you become aware of any shortcoming in the security on the Website you shall forthwith inform Newgen of the same in writing;
  2. Registered Users and Merchants are also prohibited from using Newgen’s Service to enable payments for the following:
    • adult goods and services, which include pornography and other sexually suggestive materials (including literature, imagery and other media) and escort or prostitution services;
    • alcohol, which includes alcohol or alcoholic beverages such as beer, liquor, wine, or champagne;
    • any product or service which is not in compliance with all applicable laws and regulations whether federal, state, local or international including the laws of The Netherlands, India and other applicable jurisdictions;
    • body parts which include organs or other body parts;
    • bulk marketing tools, which include email lists, software, or other products enabling unsolicited email messages (spam);
    • cable descramblers and black boxes, which include devices intended to obtain cable and satellite signals for free;
    • child pornography, which includes pornographic materials involving minors;
    • copyright unlocking devices, which include mod chips or other devices designed to circumvent copyright protection;
    • copyrighted media, which includes unauthorized copies of books, music, movies, and other licensed or protected materials;
    • copyrighted software, which includes unauthorized copies of software, video games and other licensed or protected materials, including OEM or bundled software.
    • counterfeit and unauthorized goods, which include replicas or imitations of designer goods; items without a celebrity endorsement that would normally require such an association; fake autographs, counterfeit stamps, and other potentially unauthorized goods;
    • drop-shipped merchandise;
    • drug test circumvention aids, which include drug cleansing shakes, urine test additives, and related items;
    • drugs and drug paraphernalia, which include illegal drugs and drug accessories, including herbal drugs like salvia and magic mushrooms;
    • endangered species, which include plants, animals or other organisms (including product derivatives) in danger of extinction;
    • gaming/gambling which includes lottery tickets, sports bets, memberships/ enrolment in online gambling sites, and related content;
    • government ids or documents, which include fake ids, passports, diplomas, and noble titles;
    • hacking and cracking materials, which include manuals, how-to guides, information, or equipment enabling illegal access to software, servers, websites, or other protected property;
    • illegal goods, which include materials, products, or information promoting illegal goods or enabling illegal acts;
    • live animals;
    • matrix sites or sites using a matrix scheme approach;
    • miracle cures, which include unsubstantiated cures, remedies or other items marketed as quick health fixes;
    • multi-level marketing collection fees;
    • offensive goods, which include literature, products or other materials that: a) defame or slander any person or groups of people based on race, ethnicity, national origin, religion, sex, or other factors b) encourage or incite violent acts c) promote intolerance or hatred;
    • offensive goods, crime which includes crime scene photos or items, such as personal belongings, associated with criminals;
    • prescription drugs or herbal drugs or any kind of online pharmacies, which include drugs or other products requiring a prescription by a licensed medical practitioner;
    • pyrotechnic devices and hazardous materials, which include fireworks and related goods; toxic, flammable, and radioactive materials and substances;
    • regulated goods, which include air bags; batteries containing mercury; Freon or similar substances/refrigerants; chemical/industrial solvents; government uniforms; car titles; license plates; police badges and law enforcement equipment; lock-picking devices; pesticides; postage meters; recalled items; slot machines; surveillance equipment; goods regulated by government or other agency specifications;
    • securities, which include stocks, bonds, or related financial products;
    • tobacco and cigarettes, which include cigarettes, cigars, chewing tobacco, and related products;
    • traffic devices, which include radar detectors/hammers, license plate covers, traffic signal changers, and related products;
    • weapons, which include firearms, ammunition, knives, brass knuckles, gun parts, and other armaments;
    • wholesale currency which includes discounted currencies or currency exchanges;
    • work-at-home information;

Disclaimer

  • Access and use to the Service is entirely at your own risk. The Website, including any content or information on it, any related or linked site and all facilities, products and services displayed, provided, availed of, licensed or purchased on, through or via the Website are provided “as is,” without any representation or warranty of any kind, either expressed or implied, including without limitation, any representation or warranty for accuracy, continuity, uninterrupted access, timeliness, sequence, quality, performance, fitness for any particular purpose or completeness.
  • Specifically, Newgen disclaims any and all warranties including, but not limited to: any warranties concerning the availability, accuracy, usefulness, or correctness, currency or completeness of information, Facilities, products or services and any warranties of title, warranty of non-infringement, freedom from computer virus, warranties of merchantability or fitness for a particular purpose, other than those warranties which are incapable of exclusion, restriction or modification under the laws applicable to the Terms and Conditions.
  • Although Newgen adopts security measures and best industry practices for the Service, it does not assure or guarantee that no person will overcome or subvert the security measures and gain unauthorized access to the Service, Website, or any Customer Accounts. Newgen, shall not be responsible or liable if any unauthorized person hacks into or gains access to the Website, the Service or your accounts; and you shall be liable and responsible for the same.
  • This disclaimer of liability applies also to any damage or injury caused by any failure of performance, communication line failure, computer virus, defect, delay in operation or transmission, deletion, error, interruption, omission, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.
  • While Newgen shall endeavor that your instructions and your transactions pursuant to services provided by Newgen are communicated, carried out and/or performed promptly. Newgen does not guarantee that any instructions will definitely be communicated or carried out or that any transactions will definitely be performed; Newgen in any case shall not be responsible for any delay in communicating, carrying out or performance of any instructions or transactions due to any reason whatsoever, including by reason of failure of operational systems for reasons including but not limited to virus attacks, natural calamity, floods, fire and other natural disasters, legal restraints, faults in the telecommunication network or network failure, software or hardware error, labor problem, strike or any other reason beyond the control of Newgen.
  • Though we take reasonable care in displaying products and services on the Website. Newgen does not warrant or makes any representations regarding the use or the results of the use of any product, service and /or facility in terms of its compatibility, correctness, accuracy, reliability or otherwise. You assume total responsibility and risk for your access and use of the Website, all site-related services and all facilities, products and services mentioned or advertised on or accessed or availed on or through the Website.
  • If any disclaimers or limitation of liability in the Terms and Conditions are held to be unenforceable, the maximum liability of Newgen shall not exceed the amount of fees paid by you to Newgen for that service only.
  • Newgen shall not be responsible for any unauthorized interception of e-mail to or from you or the Website or any other Newgen source.
  • A possibility exists that the Website could include inaccuracies or errors. Additionally, a possibility exists that unauthorized additions, deletions or alterations could be made by third parties to the Website. Although Newgen and its Service Providers attempt to ensure the integrity of the Website, they make no guarantee whatsoever as to its sequence, timeliness, completeness, correctness or accuracy. In the event that such an inaccuracy or incompleteness arises, please inform Newgen so that it can be corrected.

Outbound links

Clicking on links within the Website might take you to other third-party websites without any intimation or indication of doing or having done so. The linked third-party websites are not under the control of Newgen and we assume no responsibility whatsoever for such other websites whether as to content, availability, performance or otherwise.

Newgen provides these links only as a convenience and links to third-party websites do not constitute any endorsement by Newgen.

Service Delivery Terms

The user’s relationship is bilateral and extends to only inter se the merchant. Here the merchant may put into place its own agreements, terms and conditions for the delivery of goods and services. Newgen is not governed by these agreements and is an independent third party to your transaction with the Merchant.

In order to avail of specific services of Newgen, merchants have to agree with these terms and conditions as well as the merchant’s agreement and the merchant sign-up and verification process.

If you wish to avail of a service, you may be asked by Newgen to supply certain information, including but not limited to credit or debit card or other payment mechanism information. You agree that all information you provide will be accurate, complete and current. You agree not to hold Newgen liable for any loss or damage of any sort incurred as a result of any such dealings with any merchant.

Newgen, in offering any product or service, sets its own prices and terms and may change prices or terms or institute new prices or terms at any time. However, these will be subject to prior notice.

Registered users and Merchants also agree to pay all charges incurred by users of your merchant/customer ID and password and credit card or other payment mechanism at the prices in effect when such charges are incurred. You also will be responsible for paying any applicable taxes, and shipping/transportation and handling charges relating to purchases through the Website.

The records of access, instructions, transactions and other activities maintained or caused to be maintained by Newgen through its or a third party’s computer systems or on tape or other recording or storage device or otherwise shall be admissible in evidence, shall not be challenged by you and shall be accepted as genuine, accurate, conclusive and binding for all purposes including the recording of the time thereof.

Refunds and Cancellations

No Refund will be given for orders placed with Newgen. Refund will be only processed if Newgenaccepts an application, when it meets the qualification criteria. Newgen reserves the right to reject the application without providing any explanation.

A refund that is forced by a Credit Cardholder’s and Credit Card company is known as chargeback. This occurs when a cardholder decides to formally dispute a charge on his/her Credit Card bill, usually because someone else fraudulently used that card number. Credit Cards permit Chargebacks as per VISA and MASTERCARD rules. Any online transaction can/may also be revoked or refuted by a customer to a Sub Merchant via his card-issuing bank for the following reasons. This is allowable for up to 6 months from date of the transaction. A chargeback can only be reversed if the credit card holder formally informs his/her bank or credit card issuing institution that he/she will accept the disputed charge.

If you feel that Newgenhas violated this Statement in any way, please contact us at support@newgenpayments.com that we may address this issue.

In case of cancellation of an order placed with Newgen the full amount is forfeited and no money is refunded back.

Newgen as a payment service provider 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 preset limit mutually agreed by us with our acquiring bank from time to time.

Notices and Alerts

Newgen may give notice to you by e-mail, letter, telephone or any other means as Newgen may deem fit to the address last given by you. Notices under the Terms and Conditions may be given to Newgen by you in writing by delivering them by hand or by sending them by post to Newgen’s address mentioned on the Website. Newgen may, but shall not be bound to, act upon notices and instructions given by you to Newgen by e-mail, letter, telephone or any other means as Newgen may deem fit.

In addition, Newgen may (but shall not be bound to) also publish notices of general nature, which are applicable to all Visitors, Registered Users or Merchants on its Website. Such notices will have the same effect as a notice served individually to each Visitor, Registered User or Customer (including you).

Documents which may be sent by electronic communication between the parties may be in the form of an electronic mail, an electronic mail attachment, or in the form of an available download from the Website shall be deemed to have duly communicated and delivered any communication or document to you if such communication or document is sent via electronic mail (e-mail) to the e-mail address provided by you to Newgen. Newgen shall also be entitled to act on the basis of any instructions received or purported to be received by Newgen from you by e-mail or other electronic means or via the Internet. Newgen shall also be entitled (but not bound) to act upon fax instructions and communications.

Newgen and/or its Service Providers shall endeavor to ensure that Notices and Alerts are communicated to you in accordance with your instructions in this regard. However, neither Newgen nor the Service Providers would be responsible or liable for non-dispatch or delay in dispatch of the Alerts by Newgen and/or the Service Providers or any delay in receipt or non-receipt of the Alerts for any reason whatsoever. Under no circumstances shall Newgen and/or the Service Providers be liable for any costs, damages or other amount whatsoever for such non-dispatch or delay in dispatch or any non-receipt or delay in receipt of the Notices or Alerts. Non-receipt of Notices or Alerts will not discharge or reduce your liability to pay any amount to Newgen, which would have been payable in the event of proper receipt of the Notices or Alerts.

Payment Settlement

Subject to the relevant regulatory approvals, terms and conditions imposed while granting the necessary approvals and other terms of these Service, on it being made available, will allow purchases of goods & services online. This Service is a technology platform for a facility that enables payment settlement services.

The actual funds corresponding to the user’s Newgen balance is in the custody of our partner/bank. All payment collections and settlements are done by our partner/bank. Newgen does not touch the money at any stage.

Newgen shall in no way be held responsible and/or be liable for any queries, errors, disputes or delays in messaging, money transmission, payment to the beneficiaries of the settlements or any other query, claim or dispute.

Newgen will, however, assist users in contacting the Bank/Merchant to facilitate resolution of such queries, claims and disputes to the best of Newgen’s ability. The above terms and conditions are in addition to the additional terms and conditions relating to the products and services appearing elsewhere on this Website or otherwise now or hereafter agreed or deemed to be agreed by you.

Intellectual Property Rights

Newgen is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the Website and on the Service, and is the copyright owner or licensee of the content and/or information on the Website including but not limited to any text, images, illustrations, audio clips, video clips and screens appearing on the Website and on the Service. All rights on the Website are reserved, and you may not download and/or save a copy of the Website or any part thereof including any of the screens or part thereof and/or reproduce, store it in a retrieval system or transmit it in any form or by any means – electronic, electrostatic, magnetic tape, mechanical printing, photocopying, recording or otherwise including the right of translation in any language without the express permission of Newgen (except as otherwise provided on the Website or in the Terms and Conditions for any purpose) or use it in any manner that is likely to cause confusion or deception among persons or in any manner disparages or discredits Newgen.

Newgen does not grant any license or other authorization or user of its trademarks, registered trademarks, service marks, or other copyrightable material or other intellectual property by placing them on the Website.

Privacy

Newgen takes privacy and confidentiality seriously. Visitors, registered users or merchants hereby grant authority to Newgen to collect information in keeping with the terms and the principles of the Privacy Policy (view our Privacy Policy).

No Agency

Access to the Website, its services and agreement with the Terms and Conditions does not create an agency, partnership, joint-venture or employer-employee relationship between you and Newgen or any Service Provider, except where otherwise specifically agreed or appointed.

Indemnity

You agree to defend, indemnify and hold Newgen, its directors, advisers, officers, employees, Affiliates Partners, and Content and Service Providers harmless from any and all claims, liabilities, damages, costs, expenses and proceedings, including reasonable attorneys’ fees, arising in any way from your use of the Website or the placement or transmission of any message, information, software or other materials through the Website by you or users of your ID and password or related to any violation of the Terms and Conditions by you or users of your of your ID and password, and any claims dispute or differences between you and any Supplier.

Termination of Services

You acknowledge and agree that Newgen may, with notice, suspend or terminate your ID, password or Account or deny you access to all or part of the Services if you engage in any conduct or activities that Newgen, in its sole discretion, believes to violate any of the Terms and Conditions or rights of Newgen, or is otherwise inappropriate for continued access, or if Newgen learns of your death, bankruptcy or lack of legal capacity or of circumstances which impact your credit worthiness (which shall be determined at the sole discretion of Newgen) or for any other reason which Newgen deems acceptable.

You acknowledge and agree that Newgen may in its sole discretion deny you access through the Website to any materials stored on the Internet, or to access third party services, Facilities, merchandise or information on the Internet through the Website, and Newgen shall have no responsibility to notify you or third-party providers of facilities, services, merchandise or information nor any responsibility for any consequences resulting from lack of notification.

Registered Users and Merchants may request for termination of the Service at any time by giving a written notice of at least 90 days to Newgen. The termination shall take effect on the completion of the thirtieth day from the date of receipt of the notice by Newgen. Provided, however, that you will remain responsible for any transactions entered into by you and all obligations incurred by you until the time of such termination.

Governing Law & Jurisdiction

The Website, the Terms and Conditions, all transactions entered into on or through the Website and the relationship between you and Newgen shall be governed by and construed in accordance with the laws of The Netherlands and India and no other nation, without regard to the laws relating to conflicts of law.

You and Newgen agree that all claims, differences and disputes arising under or in connection with or pursuant to the Website, the Terms and Conditions, any transactions entered into on or through the Website or the relationship between you and Newgen shall be subject to the exclusive jurisdiction of the competent courts located in the city of Amsterdam, The Netherlands and New Delhi, India; and you hereby accede to and accept the jurisdiction of such courts. Provided that, notwithstanding what is stated above, if Newgen so thinks fit Newgen may institute proceedings against you in any other court or tribunal having jurisdiction.

Provisions

The failure or delay of Newgen to exercise or enforce any provision of the Terms and Conditions shall not constitute a waiver of such right or provision. No waiver on the part of Newgen shall be valid unless it is in writing signed by or on behalf of Newgen. A waiver of any right or provision by Newgen on a particular occasion shall not prevent Newgen from enforcing such provision on a subsequent occasion.

Severability

If any provision of the Terms and Conditions shall be held to be invalid or unenforceable by reason of any law or any rule, order, judgement, decree, award or decision of any court, tribunal or regulatory or self-regulatory agency or body, such invalidity or unenforceability shall attach only to such provision or condition, and you, Newgen, the court, tribunal or regulatory or self-regulatory agency or body should endeavor to give effect to the parties’ intentions as reflected in the provision to the extent possible.

The validity of the remaining provisions and conditions shall not be affected thereby and these Terms shall be carried out as if any such invalid or unenforceable provision or condition was not contained herein.

Non Transferability

You agree that the Service provided to you is not transferable under any circumstance and shall be used only by you. You further acknowledge, agree and confirm that Newgen shall have the right to transfer, assign or sell all its rights under this Terms and Conditions, and that the Mandate given by you in favor of Newgen shall continue to be in effect for the benefit of the successors and assigns of Newgen.

Limitations on Claims

Notwithstanding any statute or law to the contrary, but to the extent permitted by law, any claim or cause of action arising out of or related to access or use of the Service or the Terms and Conditions must be filed within three (3) months after such claim or cause of action arose failing which it shall be forever barred.

General Information

  • The clause headings in the Terms and Conditions are only for convenience and do not affect the meaning of any provision, in terms of interpreting or limiting the scope of these provisions.
  • Newgen may sub-contract or employ agents to carry out any functions or services relating to the Website or any of its obligations under the Terms and Conditions.
  • The content presented at the Website may vary depending upon your browser limitations.
  • The Service would operate during timings specified by Newgen. Any Payment Instruction received after the specified time on any day shall be deemed to have been received on the next Business Day.
  • The conditions stated in these Terms and Conditions are in addition to the other terms and conditions stated elsewhere in the Website. In particular, and without prejudice to the above, these Terms and Conditions are in addition to the terms, conditions, procedures and agreements applicable in respect of each services which are stated at the appropriate places in respect of each service or in the agreements to be entered into between Newgen and you / the concerned parties in respect of each Service.

Language, Copyright and Trademarks

  • It is the express will of the parties that this agreement and all related documents have been drawn up in English.All contents of the Service are Copyright © 2018 of Newgen Payment Gateway Pvt. Ltd. All rights reserved.Any rights not expressly granted herein are reserved.

Violations

Please report any violations of the Terms and Conditions to our Customer Support email: support@newgenpayments.com