Terms of Service



Bulkpe is a payment disbursement tool which helps SME businesses to make payments to suppliers, beneficiaries or other Payees.



This is the official website of Chaseout Technologies Private Limited (“Bulkpe”), having its registered office at No 3, 89th street, Ashok Nagar, Chennai, TN - 600083. This website https://www.bulkpe.in/, and any other platform/website that Bulkpe may specify from time to time, (“Website”) is owned and operated by Bulkpe. The access to and use of this Website is subject to the following terms and conditions of use (“Terms”). Please read the Terms very carefully as they apply to all users of this Website. A user (“User”/“you”) may opt for services through this Website only if he accepts and abides by all the Terms. Bulkpe may periodically change these Terms without providing any notice thereof.



Definitions


For the purpose of these Terms, the following words and phrases shall have the meaning assigned to them under this Clause. “Services” mean the services provided by Bulkpe and the Service Providers to Users, whereby a User can (i) receive payments from their customers or other Payers; or (ii) make payment to suppliers, beneficiaries or other Payees, by (a) IMPS/NEFT/RTGS; or (b) credit/debit card; or (c) net banking; or (d) any other mode of payment through banks, that may be accepted by Bulkpe from time to time under these Terms.



User


Shall mean any person who is boarded onto the Bulkpe platform for using this Website and/or who transacts or avails of the Services through this Website, to make or to receive payments to or from third parties. The term “User” shall also cover such personnel of any User who are authorised to avail the Services on behalf of the User.



Service Provider


Means a bank, association, facility provider, card issuing institution, acquiring bank, other financial institution, card processor, or clearing house network whose facilities or services are utilised in the provision of these Services.



Payee


Means any person to whom a payment is made, using the Services (and the term includes a User who uses the Services to receive payment).



Payer


Means any person who makes a payment, using the Services (and the term includes a User who uses the Services to make payment).



Products


Mean any services or products which are purchased/offered for sale by a User to third parties from time to time, using these Services.



Transaction


Means a payment instruction that results in the successful transfer of monies (a) from a User to a Payee; or (b) from a Payer to a User.



Eligibility


The Website and the Services are intended solely for persons who can form legally binding contracts under Indian law and who are 18 (eighteen) years of age or older. Any access to or use of the Website or the Services by anyone under 18 (eighteen) years of age is expressly prohibited. By using the Website or Services the User represents and warrants that he is 18 (eighteen) years of age or older and is competent to contract. The User also agrees that his Payer/Payee is similarly competent to contract.



The User represents and warrants that he has full power and authority to use the Services and while doing so, he is in strict compliance of all laws.



These Terms as accepted by the User shall be read along with and in addition to any terms and conditions in force from time to time and issued by any Service Provider. They will also be read in conjunction with Bulkpe’s privacy policy.



The User may use the Services and this Website only if he accepts and abides by all of the following terms and conditions. By using the Services and this Website the User will be deemed to have read and accepted these Terms.



Registration


In order to avail the Services, the User must be registered with Bulkpe and the Service Providers. The User shall provide Bulkpe with all documents as may be required for such registration.



By registering with Bulkpe, the User agrees to provide true, accurate, current and complete information failing which Bulkpe may at any time reject the User’s registration and terminate his right to use or access the Website and/or Services. When the User registers with Bulkpe, a User account will be created, that is associated with the User’s username, password and other identifying information. The User shall be responsible for anything that happens through his User account.



Use Of Services


The Services may be used by the User for making and/or receiving payments from/to third parties.



To enable the User to use the Services, a link with login credentials will be communicated to the User on his mobile phone or email address and the User irrevocably and unconditionally accepts the sole responsibility for use, confidentiality and protection of said login credentials, including passwords, as well as for all orders and information changes entered into the User account using such login credentials.


Bulkpe has no obligation to verify the authenticity of the Transaction other than by means of verification of the User’s basic KYC information. The User shall at all times take all appropriate steps, including those as mentioned herein, to maintain the security and confidentiality of the information. Bulkpe shall not be liable for any mistake or misuse of the Services by either the User or by any person authorised by the User, or by any person gaining access to the Services through the User. The User agrees that Bulkpe accepts all instructions originating from his account in good faith and in a manner consistent with commercially reasonable security standards. The User shall indemnify and hold Bulkpe harmless for direct or indirect losses sustained as a result of the disclosure of sensitive information by or through User.


On receiving the necessary details from the Service Provider, Bulkpe shall initiate the required payment to the Payee/User as instructed by the User/Payer.


Confirmation of the Transaction performed using valid login credentials shall be conclusive evidence of a Transaction being effected. The User is responsible to furnish to Bulkpe correct and current Payee information. In the event that the payment is in respect of a purchase of Products by the User/Payee, Bulkpe shall not be required to ensure that the purchased Products have been duly delivered. In the event the User chooses to complain about a Transaction, the same should be communicated to Bulkpe within 10 (ten) days of the Transaction.



User Obligations


Each User shall be responsible to (i) furnish correct and accurate information of the Payer/Payee as may be required, on an independent basis; (ii) furnish to Bulkpe forthwith on demand, the original copy/copies of proof of delivery of Products, invoices or other records pertaining to any transaction; (iii) ensure that all licences and registrations required by him are in full force and effect to enable them to carry on the business of sale/purchase of Products.


The User shall not (i) carry out any activity, which is banned, illegal or immoral; (ii) use the Services in any manner or in furtherance of any activity, which constitutes a violation of any law or regulation or which may cause Bulkpe to be subject to investigation, prosecution or legal action.


The User undertakes and assures to Bulkpe that payments shall not be made/received in respect of any Products that violates or banned as per Indian Government.


The User shall act in compliance with all laws, rules and regulations and shall at all times comply with the guidelines set by Service Providers.


The User shall not sell, provide, exchange, or otherwise disclose to third parties or use themselves (other than for the purpose of completing a Transaction, or as specifically required by law) any personal information about any third party, including the account details and mobile number, without obtaining the prior written consent of such third party.


The User shall take all precautions as may be feasible or as may be directed by Bulkpe to ensure that there is no breach of security and that the integrity of the link between their systems/site, the Website and the payment mechanism is maintained at all times. In the event of any loss being caused as a result of the link being breached or as a consequence of the link being improper or being in violation of the provisions of this Clause, the loss shall be to the account of the User and the User shall indemnify and keep indemnified Bulkpe and the Service Providers from any loss as may be caused in this regard.


The User shall bear and be responsible for the payment of all relevant taxes (including any applicable withholding taxes) as may be due.


The User shall ensure that services are not being used for any unregulated financial products like crypto/digital currencies and failing to comply will incur a penalty of INR 1 lac per non-compliant incident. Such Users accounts will also be frozen for a period of 3 years.


The User shall not at any time require any other User to provide him with any details of the accounts held by the other Users with any banks including, the passwords, account number, card numbers, mobile phone numbers and PIN which may be assigned to them by the banks from time to time.


The User shall use the information regarding a Payee/Payer (including name, address, e-mail address, telephone numbers and other data) conveyed to him while using the Services, only for the purpose of completing the transaction for which it was furnished, and not to sell or otherwise furnish such information to others unless he has an independent source of such information or obtains the express consent of such Payee/Payer.


The User shall inform Bulkpe of any change in his email address, mobile number, address, ownership or legal status or his cessation of business in writing 30 (thirty) working days in advance of such change.


The User shall not interfere with or damage the Website, including, without limitation, through the use of viruses, cancel bots, trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology.


Bulkpe is providing a wrapper service around other Payment Aggregators and thus can only provide the transaction status. Bulkpe isn’t in the money flow, thus the user shall deliver the goods or services only after receiving the settlement in their account. Bulkpe will not liable for any failed settlements for any reason whatsoever, even if good and services have been delivered by the said user.


Bulkpe has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.



Fees


In consideration of the Services rendered by Bulkpe to the User, the User shall pay to Bulkpe a fee that is agreed to in the agreement entered into between Bulkpe and the User, specified on Bulkpe’s Website or proposed by Bulkpe over email to the registered email address of the User.


Bulkpe shall deduct its transaction fees plus service tax per successful transaction, and make payment of the balance of the transaction amount to User/Payee’s designated bank account. All other taxes, duties or charges shall be borne and paid by User, unless otherwise agreed between the parties. Bulkpe reserves the right to alter/modify/change the discount/commission rate at its discretion. Bulkpe also reserves the right to forthwith revise the transaction fee payable in the event of any revision in the rates charges by the acquiring banks or card associations or guidelines issued by the Reserve Bank of India from time to time.


It is hereby agreed and acknowledged by the parties that the transaction fees charged by Bulkpe in respect of a transaction that has been confirmed shall not be returned or repaid by Bulkpe to the User or any other person irrespective of the transaction being rejected, charged back, refunded or disputed.



Specific Terms


Bulkpe is a payment processor for the User and does not have any control of the activities/actions of the business it is helping process payments for. Bulkpe does not determine, advise or in any manner control the commercial terms of the Transaction including the price of the Products and services offered for sale. Bulkpe is only a facilitator of Transactions and is not a party to these Transactions. Bulkpe is not responsible for any act of Users, including non-completion of a Transaction, and will not be responsible for any disputes arising pursuant to Transactions. Bulkpe is neither acting as a trustee nor in fiduciary capacity with respect to a Transaction. Bulkpe will not be responsible for any disputes between the Users and the Payers/Payees, including issues regarding prices, delivery, non-delivery or delay in delivery of the Products, quality of products or otherwise. All such disputes will be dealt with by and between the User and the Payer/Payee directly, and the User agrees that Bulkpe shall not be made a party to such disputes. Bulkpe cannot and does not guarantee the timings of any payments made or received as such timing is dependent upon the User’s bank, card issuing bank/card processor (where a credit/debit card is used), acquiring financial institution and other Service Providers. Bulkpe assumes no liability and shall not be held responsible for any delays in delivery of payment or availability of funds when using the Services.


Bulkpe shall not be a party to the agreement between the User and any Payer/Payee in any manner whatsoever. All contracts are directly between Users and their Payers/Payees.


The User shall be responsible for any miscommunication or incorrect User/third party/other information that may be provided to Bulkpe at the time of enabling the Services for the User.


Any request from the bank, Service Provider or the legal authorities to block a User account or mark a lien on any amount of the User will be passed on to the User and the lien of the said amount or unblocking of the User account will only happen once cleared by the bank, Service Provider or by the concerned authorities.


Bulkpe/Service Provider reserve the right to impose limits on the number of transactions which may be charged on an account during any time period, and reserve the right to refuse to make payments in respect of transactions exceeding such limit. Bulkpe/Service Provider also reserve the right to refuse to make payments in respect of transactions by Users with a prior history of questionable charges.



Security


Subject to the provisions stated herein and as specified by Bulkpe from time to time, the User will not hold Bulkpe liable in case of any improper/fraudulent/unauthorized/duplicate/erroneous use of the Website or Services. Bulkpe will also not be liable for any consequences connected with the use/misuse of the User’s account by any third party. If any third parties gain access to the Services, the User will be responsible and shall indemnify Bulkpe against any liability, costs or damages arising out of such misuse/use by third parties based upon or relating to such access and use, or otherwise.


The User shall be fully liable for: (a) any unauthorised use of his User account; and/or (b) all Transactions carried out through his User account.


Without prejudice to the remedies available to Bulkpe and these Terms, Bulkpe shall be under no liability whatsoever to the User in respect of any loss or damage arising directly or indirectly out of:


  • any defect in any Products/services supplied to them;
  • any inability of a third party to supply or deliver the required Products in the necessary numbers or types;
  • the refusal of any person (including a Service Provider) to honour or accept a payment;
  • the malfunction of any computer terminal or equipment;
  • the utilization of the Services by any person other than by the User;
  • any mis-statement, error or omission in any details disclosed to Bulkpe.


Termination


If either Bulkpe or the Service Provider suspects, on reasonable grounds, that the User has committed a breach of these Terms or any other agreement with Bulkpe or any act of dishonesty or fraud against Bulkpe/any Service Provider, Bulkpe shall be entitled to (a) suspend all payment under these Terms; (b) deactivate/suspend your User account and disable your password; and (c) terminate the User’s access to the Website or the Services; pending enquiries by Bulkpe. The User may cancel his User account at any time by sending Bulkpe an email requesting such cancellation. Please note that once your account is cancelled, Bulkpe does not have any obligation to return any data or information that may reside on its servers or other equipment.



Indemnity


The User shall keep Bulkpe indemnified from and against any and all liability (including but not limited to liabilities, judgments, damages, losses, claims, costs and expenses) or any other loss that may occur, arising from or relating to any claim, suit or proceeding brought against Bulkpe by another User/the Service Provider/a third party for reasons including, but not limited to (i) the delivery, non-delivery or delay, deficiency or mistake in respect of the Products sold; (ii) a breach, non-performance, non-compliance or inadequate performance by the User of any of the Terms, conditions, representations, obligations or warranties made by him; (iii) any acts, errors, misrepresentations, wilful misconduct or negligence of the User, or his employees, subcontractors and agents in performance of their obligations under these Terms.


The User shall comply with all such terms and conditions as Bulkpe or any Service Provider may prescribe from time to time with regard to the Services. All transactions effected by or through this Website, shall constitute legally binding and valid transactions when done in adherence to and in compliance with the terms and conditions prescribed by Bulkpe or the Service Provider.



Confidentiality


The User agrees not to disclose or attempt to use or personally benefit from any non-public information that he may learn on the Website or through the Services. This obligation shall continue until such time as the non-public information has become publicly known through no action of your own. If you are compelled by order of a court or other governmental or legal body (or have notice that such an order is being sought) to divulge any such non-public information, you agree to promptly and diligently notify Bulkpe and cooperate fully with Bulkpe in protecting such information to the extent possible under applicable law.


Bulkpe may access, preserve and disclose any of your information if required to do so by law, or if we believe in good faith that it is reasonably necessary (i) to respond to claims asserted against Bulkpe or to comply with legal process, (ii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iii) to protect the rights, property or safety of Bulkpe, its Users or members of the public.



Intellectual Property Rights


All Website content and the trademarks, service marks and logos contained therein (“Marks”) are owned by or licensed to Bulkpe, subject to copyright and other intellectual property rights under the law and international conventions. Such Website content or Marks may not be copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, uploaded, or otherwise exploited without the prior written consent of Bulkpe.



Privacy Policy


The User understands that his access to the Website will result in the collection, use and storage of his information which is subject to Bulkpe’s privacy policy. Through his access to the Website User consents to the collection, use and storage of such information, which will be held by Bulkpe and may be processed and stored by Service Providers. For an explanation of Bulkpe’s practices and policies related to the collection, use, and storage of Users’ information, please read our privacy policy.



Disclaimer Of Warranties


THE CONTENT AND FUNCTIONALITY OF THE WEBSITE IS PROVIDED WITH THE UNDERSTANDING THAT Bulkpe IS NOT HEREIN ENGAGED TO MAKE PAYMENTS. Bulkpe IS AN INTERMEDIARY BETWEEN BANKS, SERVICE PROVIDERS AND USERS. ALL CONTENT AND THE FUNCTIONALITY OF THE WEBSITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Bulkpe MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE ACCURACY, OR ADEQUACY OF THE WEBSITE, OR THAT THE SERVICES PROVIDED OR THE FUNCTIONALITY OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE.


Bulkpe IS NOT RESPONSIBLE FOR THE ACCURACY OF PAYMENT INSTRUCTIONS AND THE INSTRUMENTS/METHODS OF PAYMENT USED BY THE USER. THE USER HEREBY ACKNOWLEDGES THAT HIS USE OF THIS WEBSITE AND THE SERVICES IS AT HIS SOLE RISK. UNDER NO CIRCUMSTANCES SHALL Bulkpe OR ANY OF ITS PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, ATTORNEYS AND THEIR RESPECTIVE HEIRS, SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE OR THE SERVICES, OR FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITE, EVEN IF Bulkpe HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.



Limitation Of Liability


THE USER ACKNOWLEDGES AND AGREES THAT, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE WEBSITE AND SERVICES, REMAINS WITH YOU. IN NO EVENT WILL EITHER Bulkpe OR ANY OTHER PARTY INVOLVED IN PROVIDING OR DELIVERING THE WEBSITE OR SERVICES BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, THE COST OF AVAILING SUBSTITUTE SERVICES, OR ANY OTHER SIMILAR COSTS OR LOSSES ARISING IN CONNECTION WITH THESE TERMS, OR AS A RESULT OF YOUR USE OF THE WEBSITE OR SERVICES, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION AND WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Bulkpe HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.


EXCEPT FOR Bulkpe’S OBLIGATIONS TO MAKE PAYMENTS THROUGH THE CURRENT ACCOUNT AS ENVISAGED HEREIN, IN NO EVENT WILL Bulkpe’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND USER’S USE OF THE WEBSITE AND SERVICES, EXCEED THE AMOUNT OF INR 1000 (INDIAN RUPEES ONE THOUSAND).



General Terms


  • Unless otherwise set out, all payments may only be made in Indian Rupees
  • Bulkpe may, if required by law, change any fee or charge or institute new fees or charges. The User agrees to pay all fees and charges so levied.
  • Bulkpe reserves the right to vary any of the terms contained herein by posting the revised Terms on Bulkpe’s Website without notice to the User.
  • The User hereby accepts that he may, from time to time, receive from Bulkpe or its associates, communications such as service announcements, advertisements or administrative communications.
  • All information provided by the User to Bulkpe shall be accurate, current and complete. The User shall be solely responsible for the accuracy and correctness of all information provided by him. Bulkpe shall not be liable for any loss or costs incurred by any party due to any incorrect or mistaken information provided by User.
  • Bulkpe shall not be liable for any direct, indirect, punitive, incidental, exemplary, special or consequential damages or any loss of profit, business, revenue, goodwill or anticipated savings or any damages whatsoever arising out of or in any way connected with the use of the website by the User or otherwise.
  • Bulkpe or the Service Provider shall in no event be liable to the User or any third party for any loss or damage whatsoever or howsoever caused arising directly or indirectly in connection with the Website and Services, including without limitation any:
    1. Loss of data;
    1. Interruption or stoppage to the User’s access to and/or use of the Website and Services;
    1. Any consequential loss or damage or loss of profit, business, revenue, goodwill or anticipated savings, arising out of the performance of the Services or otherwise.
  • Bulkpe makes no representation or warranty, whether express or implied, written or oral, about the quality, suitability, reliability, availability, merchantability, fitness for a purpose, delivery, lack of viruses or other harmful components or accuracy of information relating to the products sought to be purchased by the User. The User acknowledges that Bulkpe’s or a Service Provider’s Services may not be uninterrupted or error free. The User also acknowledges that the Services provided by any Service Provider to Bulkpe, which is passed on to the User under these Terms, can be brought to an abrupt end in any event whatsoever by any of the Service Providers for any reason whatsoever.
  • Bulkpe’s sole obligation and the User’s sole and exclusive remedy in the event of interruption to the payment services or loss of use and/or access to the payment services, shall be to use all reasonable endeavors to restore the payment services as soon as reasonably possible.
  • In no event shall Bulkpe or a Service Provider be liable to the User or any other third party for any applicable taxes and government levies.
  • In no event will Bulkpe’s total liability to the User for all liabilities, losses, and causes of action arising out of or relating to these Terms; or the User’s use of the Website; however caused, exceed the amount paid by User, if any, for utilising the website or INR 1000 (Indian Rupees one thousand), whichever is lesser.
  • Any link on the Bulkpe Website to a third party site is not an endorsement of that website. The use or browsing by a User of any other website shall be subject to the terms and conditions in each such website.
  • Bulkpe does not endorse any advertiser or merchant linked to its Website. The User must verify all information provided by the merchants/advertisers before arriving at his decision to purchase any Product.
  • The User’s participation in any event/contest/promotion shall be governed by the terms and conditions mentioned in the respective event/contest/promotion along with these Terms.
  • Bulkpe shall not be liable for any unauthorised access to the User’s data or any unauthorized transmissions sent through the Bulkpe Services.
  • Bulkpe shall have the right, at its sole discretion, to:
  • Restrict or terminate the User’s access to its Services;
  • Modify or discontinue its Services or any part thereof;
  • Require the User to provide details in respect of any Transactions and any other details as required by Bulkpe from time to time, without incurring any liability therefor.
  • Bulkpe shall have the right, in its sole discretion, for any or no reason, and without penalty, to suspend or terminate the User’s use of the Website and its Services or any part thereof, with or without notice.
  • The User shall not (whether online or otherwise) describe itself as agent or representative of Bulkpe or make any representations to any customer or any third party or give any warranties which may require Bulkpe or Service Provider to undertake to or be liable for, whether directly or indirectly, any obligation and/or responsibility to customer or any third party.
  • Bulkpe shall not be liable for any breach of these Terms due to any force-majeure event such as act of god, fire, lightning, explosion, flood, inclement weather conditions, power failures, failure in any communication systems, equipment breakdown, strikes, lock-out or any other cause beyond the control of Bulkpe.
  • If any part of these terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the terms shall continue in effect.
  • Bulkpe may assign or transfer its rights and obligations to any other party. The User shall not assign or transfer its rights and obligations under these Terms.
  • In case of any dispute between the parties on the interpretation or implementation of these Terms, the appropriate court in Bengaluru shall have exclusive jurisdiction.
  • No failure or delay by Bulkpe in exercising any right, power or privilege shall operate as a waiver thereof.



For any queries/details Users can contact:


Chaseout Technologies Private Limited


No 3, 89th street, Ashok Nagar, Chennai, TN - 600083


Or


Write to us at [email protected]