This is the official website of Wunderbaked Technologies Private Limited (“Hypto”), having its registered office at 35/43 Subramanian Street, Abhiramapuram, Chennai – 600018. This website https://www.hypto.in/, and any other platform/website that Hypto may specify from time to time, (“Website”) is owned and operated by Hypto. 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. Hypto may periodically change these Terms without providing any notice thereof.
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 Hypto 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 Hypto from time to time under these Terms.
Shall mean any person who is boarded onto the Hypto 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 authorized to avail the Services on behalf of the User.
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).
Means any person who makes a payment, using the Services (and the term includes a User who uses the Services to make payment).
Mean any services or products which are purchased/offered for sale by a User to third parties from time to time, using these Services. Products shall not include those banned products and services that are listed in Annexure A.
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 utilized in the provision of these Services.
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.
Means the total amount payable/receivable by a User/Payer/Payee. This amount shall include all taxes, charges, interest, delivery costs, commissions, etc.
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 Hypto’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.
In order to avail the Services, the User must be registered with Hypto and the Service Providers. The User shall provide Hypto with all documents as may be required for such registration.
By registering with Hypto, the User agrees to provide true, accurate, current and complete information failing which Hypto 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 Hypto, 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.
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.
Hypto 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. Hypto shall not be liable for any mistake or misuse of the Services by either the User or by any person authorized by the User, or by any person gaining access to the Services through the User. The User agrees that Hypto 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 Hypto 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, Hypto 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 Hypto correct and current Payee information. In the event that the payment is in respect of a purchase of Products by the User/Payee, Hypto 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 Hypto within 10 (ten) days of the Transaction.
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 Hypto 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 licenses 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 Hypto to be subject to investigation, prosecution or legal action.
The User undertakes and assures to Hypto that payments shall not be made/received in respect of any Products mentioned in the banned items list set out in Annexure A hereto.
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 Hypto 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 Hypto 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 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 Hypto 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.
Hypto has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.
In consideration of the Services rendered by Hypto to the User, the User shall pay to Hypto a fee that is agreed to in the agreement entered into between Hypto and the User, specified on Hypto’s Website or proposed by Hypto over email to the registered email address of the User.
Hypto 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. Hypto reserves the right to alter/modify/change the discount/commission rate at its discretion. Hypto 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 Hypto in respect of a transaction that has been confirmed shall not be returned or repaid by Hypto to the User or any other person irrespective of the transaction being rejected, charged back, refunded or disputed.
Hypto 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. Hypto 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. Hypto is only a facilitator of Transactions and is not a party to these Transactions. Hypto 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. Hypto is neither acting as a trustee nor in fiduciary capacity with respect to a Transaction. Hypto 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 Hypto shall not be made a party to such disputes.Hypto 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. Hypto assumes no liability and shall not be held responsible for any delays in delivery of payment or availability of funds when using the Services.
Hypto 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 Hypto 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.
Hypto/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. Hypto/Service Provider also reserve the right to refuse to make payments in respect of transactions by Users with a prior history of questionable charges.
Subject to the provisions stated herein and as specified by Hypto from time to time, the User will not hold Hypto liable in case of any improper/fraudulent/unauthorized/duplicate/erroneous use of the Website or Services. Hypto 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 Hypto 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 Hypto and these Terms, Hypto shall be under no liability whatsoever to the User in respect of any loss or damage arising directly or indirectly out of:
If either Hypto or the Service Provider suspects, on reasonable grounds, that the User has committed a breach of these Terms or any other agreement with Hypto or any act of dishonesty or fraud against Hypto/any Service Provider, Hypto 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 Hypto. The User may cancel his User account at any time by sending Hypto an email requesting such cancellation. Please note that once your account is cancelled, Hypto does not have any obligation to return any data or information that may reside on its servers or other equipment.
The User shall keep Hypto 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 Hypto 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 Hypto 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 Hypto or the Service Provider.
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 Hypto and cooperate fully with Hypto in protecting such information to the extent possible under applicable law.
Hypto 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 Hypto 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 Hypto, its Users or members of the public.
All Website content and the trademarks, service marks and logos contained therein (“Marks”) are owned by or licensed to Hypto, 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 Hypto.
The User understands that his access to the Website will result in the collection, use and storage of his information which is subject to Hypto’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 Hypto and may be processed and stored by Service Providers. For an explanation of Hypto’s practices and policies related to the collection, use, and storage of Users’ information, please read our privacy policy.
THE CONTENT AND FUNCTIONALITY OF THE WEBSITE IS PROVIDED WITH THE UNDERSTANDING THAT HYPTO IS NOT HEREIN ENGAGED TO MAKE PAYMENTS. HYPTO 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. HYPTO 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.
HYPTO 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 HYPTO 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 HYPTO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY 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 HYPTO 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 HYPTO 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 HYPTO’S OBLIGATIONS TO MAKE PAYMENTS THROUGH THE CURRENT ACCOUNT AS ENVISAGED HEREIN, IN NO EVENT WILL HYPTO’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).
For any queries/details Users can contact:
Wunderbaked Technologies Private Limited
35/43 Subramanian Street, Abhiramapuram
Chennai – 600018
Or
Write To Us At support@hypto.in