Terms and Conditions

Last updated on November 17th, 2020

Acceptance of Terms

This website is owned and operated by Toucan Private Limited, and is referred to in these site terms as “Toucan” or “us” or “we”.

Please read these terms of use before using this website. By accessing and using this site, you accept these terms of use, the privacy statement, notices and disclaimers (collectively the “Terms of Use”) and your use of this site is subject to the Terms of Use. Where you represent another person or entity when accessing and using this site, you warrant that you are authorised to accept these Terms of Use on behalf of that other person or entity.

From time to time, Toucan may modify these Terms of Use by posting modified Terms of Use on this website. Any amendment is effective from the date it is posted on this website. Any terms and conditions proposed by you are expressly rejected by Toucan and are of no force and effect.

  • Clicking to accept or agree to the Terms of Use, where this option is made available to you by Razorpay in the User interface for any particular Service; or
  • Accessing, testing or actually using the Services. In this case, you understand and agree that Razorpay will treat your use of the Services as acceptance of the Terms of Use from that point onwards.

Collection of personal information

The nature of the personal information we collect about you online is generally comprised of your name, mailing address, e-mail address phone number, the company you represent and is strictly limited to the information that you voluntarily provide to us and that is collected by the use of cookies as described above. We use the personal information you supply to us on this website to:

  • Contact you so that we can provide you with the information you have requested (such as information about merchant acquiring services), assess and process any application you make for services, provide services to you and administer services provided to you;
  • Perform our administrative operations, including accounting, risk management, record keeping, archiving, systems development and testing, credit scoring and staff training; and
  • Validate the user’s rights to view the information provided. This information is also used by us as an audit of activity against your entity’s information and records. We also may use and hold personal information, which is provided to us in connection with services that you request, for the purposes (as relevant) of:
  • Complying with legislative and regulatory requirements or as otherwise permitted or authorised by law;
  • Considering any other application you may make to us;
  • Managing our rights and obligations in relation to external payment systems eg credit card schemes and debit payment schemes;
  • Conducting market and customers satisfaction research;
  • Developing, establishing and administering alliances and other arrangements (including rewards programs) with other organisations in relation to the promotion, administration and use of our respective products and services; and
  • Developing and identifying products and services that may interest you.

If you provide information about another person to us, you warrant that you are authorised to do so and that you will inform that person of who we are and that we will use and disclose their information as set out in this Privacy Statement.

If you provide incomplete or inaccurate information to us, we may not be able to provide you with the services you are seeking.

We do not seek to collect nor store information about anyone’s ethnic origins, political or religious beliefs, trade union membership, sexual preferences or criminal record. If you provide these and other types of sensitive information to us, then by doing so, you consent to our collection of that information and to the use and disclosure of that information as set out in this privacy policy.

Use and disclosure of personal information

Information collected by us in relation to electronic transactions is used to process those transactions and so will be disclosed to the parties to the transaction, their respective financial institutions and third parties involved in the transaction chain.

Other information is used to provide and administer the provision of services to you, managing our rights and obligations under contracts and at law, systems development and testing, in connection with alliance arrangements and identifying and marketing the products or services provided by us, our related bodies corporate or alliance partners that we think may be of interest to you and telling you about them. If you do not want to receive this information, please let us know

In common with many other businesses, we use agents and other third parties to conduct certain activities on our behalf and provide certain services to us. For this purpose, we may need to provide these third parties with your personal information. The types of organisations to which we may disclose customer’s, consumer’s or user’s personal information include:

  • Our agents, contractors and external advisers whom we engage from time to time to carry out, or advise on, our functions and activities and you authorise them to seek disclosure of your credit information for this purpose;
  • Your agents and contractors, including your referees and your legal or financial advisor, executor, administrator, trustee, guardian or attorney if you authorise them in writing to seek disclosure of this information;
  • Requesting us to refund Refund Request the payment received by the seller in respect of such Disputed Transaction Refund Monies; or
  • Your franchisor (if applicable) and any person or organisation that introduces you to us;
  • Regulatory bodies, government agencies, multi-jurisdictional agencies, law enforcement bodies and courts;
  • Debt collecting agencies;
  • Anyone supplying goods and services to you in connection with a rewards program or other alliance associated with the facility;
  • External payment systems operators and participants (eg. credit card payment systems (eg. Visa or MasterCard) or debit payment systems);
  • Your and our insurers or prospective insurers and their underwriters;
  • Your co-applicants, sureties, guarantors and prospective co-applicants, sureties, guarantors and co-guarantors for the purposes of considering whether to provide a guarantee and indemnity or security;
  • Any person considering purchasing a contract entered into by you from us and that person’s advisers, persons involved in assessing the risks and funding of the purchase and, after purchase, the purchaser and any manager on an ongoing basis;
  • Any person to the extent necessary, in our view, in order to carry out any instruction you give to us; (Unless you tell us not to) other organisations including our related bodies corporate (and our agents and their agents) for the marketing of their products and services

Where such disclosure occurs, we will require these third parties to keep your information confidential and use it only for the purposes for which we are permitted to use it.

Commercial Electronic Messages

Information collected by us in relation to electronic transactions is used to process those transactions and so will be disclosed to the parties to the transaction, their respective financial institutions and third parties involved in the transaction chain.

We are committed to protecting the confidentiality of personal consumer information

We limit access to your personal information to those of our employees and employees of our related bodies corporate and our alliance partners who need your personal information to fulfil their business responsibilities. Such employees must adhere to our privacy policies. Employees violating these policies may be subject to disciplinary action, up to and including dismissal. Our service providers and other outside contractors are subject to contractual requirements to ensure that your personal information is safeguarded.

We use appropriate security safeguards

At Toucan, security is a priority. We employ appropriate measures to protect personal information against unauthorised access, disclosure, alteration or destruction. These may include, among others, encryption, physical access security and other appropriate technologies. We continually review and enhance our security systems as necessary. As such, we may ask you to identify and authenticate yourself when accessing this website or when dealing with you through other media. We are not responsible for any information that may be lost if we terminate your browser session during prolonged periods of inactivity whilst accessing this website.

Requests for access

If you require access to your personal information maintained by Toucan, please contact our Customer Contact line. If we cannot give you access to your personal information, we will give you reasons

Where information is collected by us directly from consumers or sources other than our business customers, we will permit such sources, if possible, to dispute or correct any erroneous, incomplete or out-of-date personally identifiable information. Of course, this correction is not possible if the information is proprietary to one of our business customers, reflects historical transaction information or if correction would violate the privacy or legal rights of a third party. Where applicable, we abide by laws related to such information.

You can also correct factual errors in your personally identifiable information by sending us a written request that credibly shows the error. We reserve the right to independently verify any such claims made. To protect your privacy and security, we will also take reasonable steps to verify your identity before making corrections. In the event that we are unwilling to correct personal information, we will provide you with the reasons for our decision.

We reserve the right to charge for providing you with any information in connection with your request (although such a fee will not apply to the lodging of a request for access).

Consent

We may use and disclose personal information provided to us about users, customers and cardholders to third parties as described earlier in this Privacy Statement.

Where we collect information through this website, you will be asked whether you consent to the use and disclosure of your personal information as described earlier in this Privacy Statement. To change your selection, update your contact details or retrieve and change your registration information, please contact us using the contact details shown on this website. We hold ourselves accountable to our privacy principles.

General

We are committed to meeting the highest standards for our privacy program. To that end, we have appointed a senior official, who serves as the company-wide officer with responsibility for the administration and implementation of our privacy program.

The privacy officer, working closely with individual business units, is responsible for:

  • Administering employee privacy training and employee compliance related to our privacy policies;
  • Conducting periodic assessments of our compliance with our privacy policies, as well as specific implementation policies and procedures; and
  • Ensuring that we actively participate in appropriate privacy activities, including self-regulatory initiatives.

Disclaimer

Whilst Toucan has and will continue to make great efforts to include accurate and up to date Content on this website, Toucan makes no warranties or representations, express or implied, as to the accuracy or completeness of the Content contained or referenced therein and all Content is provided to you “as is”. Any warranties regarding the Content or other services provided, which may be implied by law, statute or otherwise are excluded to the fullest extent permitted by law.

You agree that your use of this website is at your sole risk and acknowledge that this website and anything contained within this website, including but not limited to, Content, services, goods or advertisements are provided in their then state and condition, subject to all latent and patent defects. Toucan excludes all warranties except for all non-excludable statutory warranties.

Toucan does not warrant that this website is compatible with your equipment or that this website is free from errors or viruses, worms or “Trojan horses’ and is not liable for any damage you may suffer as a result of such destructive features. You agree that Toucan, its suppliers and its third-party agents shall have no responsibility or liability for:

  • (a) Any injury or damages, whether caused by the negligence of Toucan, its employees, subcontractors, agents, Suppliers or otherwise arising in connection with this website and shall not be liable for any lost profits, losses, punitive, incidental or consequential damages or any claim against Toucan by any other party; or
  • (b) Any fault, inaccuracy, omission, delay or any other failure in this website caused by your computer equipment.

Links to Third-Party Websites

The content of other websites, services, goods or advertisements that may be linked to this website is not maintained or controlled by Toucan. Toucan is therefore not responsible for the availability, content or accuracy or privacy practices of other websites, services or goods that may be linked to, or advertised on, this website.

Where this website contains hyperlinks to websites operated by third parties these linked websites are not under the control of Toucan and Toucan is not responsible for the contents of any linked website. Toucan provides these hyperlinks to you for convenience only and the inclusion of any link does not imply any endorsement of the linked website by Toucan. You link to any such website entirely at your own risk.

Toucan does not:

  • (a) Make any warranty, express or implied, with respect to the use of the links provided on, or to, this website;
  • (b) Guarantee the accuracy, completeness, usefulness or adequacy of any other website, services, goods or advertisements that may be linked to this website; or
  • (c) Make any endorsement, express or implied, of any other websites, services, goods or advertisements that may be linked to this website.

This website may also contain third party advertisements which contain embedded hyperlinks to websites operated by third parties. All third party advertising is paid for by the relevant third-party advertiser, which you can accept by linking to the third party advertisers and are not recommendations or endorsements by Toucan. The third-party advertiser is solely responsible for any representations or offers made by it and for the delivery of goods or services you agree to purchase from the third party website.

Toucan is also not responsible for the reliability or continued availability of the telephone lines, wireless services, communications media and equipment you use to access this website.

Responsibilities of use

You acknowledge and agree that you are responsible for:

  • (a) At the request of Toucan, providing such information and assistance as are reasonably required by Toucan in order for Toucan to meet its obligations under these Terms of Use
  • (b) Complying with all reasonable directions and instructions of Toucan in relation to your use of this website provided prior reasonable notice is given to you of any of the same
  • (c) Taking every reasonable precaution in the use of this website to prevent contamination and diffusion of any software or hardware contamination including viruses, worms or “Trojan horses”
  • (d) The accuracy of revisions to the Data (and for the avoidance of doubt such responsibility shall be solely your responsibility)
  • (e) Taking every reasonable precaution to ensure that access to this website and the data is restricted to those persons (including subcontractors and agents) who have authority to use this website
  • (f) Not sharing your customer id number and password (if applicable) with any third party
  • (g) Changing your password (if applicable) on a regular basis; and
  • (h) Using this website in accordance with all applicable laws and regulations.

Governing Law

The Terms of Use shall be governed and construed in accordance with the laws of Mumbai, India. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Mumbai, India and the courts, which have jurisdiction to hear appeals from them.