TERMS OF USE

Terms Of Use

1. General

These Terms of Use (“Terms”) govern access to and use of the website located at www.toucanpay.in, including any associated webpages, subdomains, content, materials, information, features, and services made available through the website (collectively, the “Website”).

The Website is owned and operated by Toucan Payments India Private Limited, a company incorporated under the Companies Act, 2013 and having its registered office at Plot No.45, 4th Floor, Kavuri Hills, Phase-I, Madhapur, Telangana, India – 500033 (“Toucan”, “we”, “us”, or “our”).

By accessing, browsing, or otherwise using the Website, you (“User”, “you”, or “your”) acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not wish to accept and be bound by the Terms, you are advised to discontinue use of the Website, its information, functions and services.

These Terms constitute an electronic record in accordance with the provisions of the Information Technology Act, 2000, and the applicable rules thereunder. This electronic record is generated by a computer system and does not require any physical or digital signatures.

Toucan reserves the right to update, modify, or replace these Terms at any time at its sole discretion. Any such changes shall become effective immediately upon publication on the Website, and your continued use of the Website thereafter shall constitute your acceptance of the revised Terms.

Your use of the Website is also subject to our Privacy Policy, which forms an integral part of these Terms and is incorporated herein by reference.

2. Eligibility

You may access and use the Website only if you are at least 18 (eighteen) years of age and are capable of entering into legally binding contracts under applicable law.

You agree not to impersonate any person or entity, or falsely state or otherwise misrepresent your identity, age, or affiliation with any person or entity while using the Website.

Toucan reserves the right to restrict or terminate access to the Website for any user who has previously been suspended or restricted from accessing Toucan’s services.

3. Permitted Use of the Website

We grant you a limited, non-exclusive, revocable, non-transferable licence to access and use the Website strictly in accordance with these Terms. Toucan may suspend, restrict, or revoke such licence at any time, with or without notice, for any reason, including where your use of the Website is in violation of these Terms.

The Website is made available for the purpose of providing information regarding Toucan, its products, services, and technology. You may view, download, or print content available on the Website solely for lawful, informational or business use, provided that: (i) all copyright, trademark, and other proprietary notices are retained; (ii) Toucan is clearly acknowledged as the source of such content; (iii) you do not modify, reproduce, distribute, publicly display, or create derivative works from such content without prior written consent; (iv) you do not represent such content as your own; and (v) you do not systematically retrieve data or other content from the Website to create or compile, directly or indirectly, any database, compilation, or directory.

4. Prohibited Use

You agree that you shall not, directly or indirectly:

◆ Use the Website in violation of any applicable law or regulation, or for any unlawful, fraudulent, or malicious purpose;

◆ Perform any act or omission that violates these Terms or infringes any rights (including intellectual property rights) of Toucan or any third party;

◆ Interfere with, disrupt, damage, disable, overburden, or impair the security, integrity, performance, or functionality of the Website or any systems connected to it;

◆ Attempt to gain unauthorized access to the Website, servers, systems, data, or networks connected to the Website, or bypass any security or authentication measures;

◆ Remove, disable, bypass, circumvent, or otherwise interfere with any access control, protection mechanism, or technological safeguard implemented on the Website;

◆ Introduce malware, viruses, trojans, worms, or any other harmful or disruptive technologies or materials;

◆ Conduct or attempt to conduct any security scans, penetration testing, or vulnerability assessments without Toucan’s prior written consent;

◆ Scrape, crawl, extract, harvest, or systematically collect any data or content from the Website, or use any automated means (including bots, spiders, crawlers or similar tools) to access the Website without authorization;

◆ Reproduce, duplicate, copy, distribute, sell, exploit, or commercially use any part of the Website or its content without prior written consent;

◆ Frame, mirror, deep-link, or otherwise reproduce the Website or any portion of it, or create links in a manner that suggests endorsement, association, or approval by Toucan without prior written permission;

◆ Modify, remove, obscure, block, or otherwise impair any content, notices, or information displayed on the Website;

◆ Misrepresent your identity, affiliation, or relationship with Toucan, or impersonate any person or entity;

◆ Use the Website or its content to advertise, promote, or market any products or services without Toucan’s prior written approval;

◆ Interfere with or disrupt the use and enjoyment of the Website by any other user;

◆ Attempt to reverse engineer, decompile, disassemble, or otherwise derive the source code, structure, or underlying technology of the Website;

◆ Solicit, receive, or charge any fee, consideration, or benefit for providing access to the Website or its content.

These restrictions apply to all parts of the Website, including any cached or archived content.

Toucan reserves the right to monitor use of the Website to ensure compliance with these Terms and may, at its sole discretion, suspend, restrict, or terminate access to the Website, and take any appropriate legal action, including seeking damages or injunctive relief, in the event of any breach.

5. Intellectual Property Rights

All rights, title, interest, and ownership in and to the Website and its content, including but not limited to text, software, source code, data, designs, graphics, interfaces, logos, trademarks, service marks, product names, service names, branding elements, user interface elements, and the overall look and feel of the Website, are owned by or licensed to Toucan and are protected under applicable intellectual property laws. All rights are reserved.

Nothing in these Terms grants you any ownership rights in the Website or its content. Your rights to access and use the Website are limited to those expressly granted under these Terms.

Except as expressly permitted, you shall not, without Toucan’s prior written consent:

◆ Modify, adapt, translate, or create derivative works from the Website or its content;

◆ Reproduce, distribute, publicly display, publish, transmit, or otherwise exploit any part of the Website or its content;

◆ Copy, reverse engineer, decompile, or attempt to extract the source code of the Website or any part thereof;

◆ Lease, license, sell, assign, or otherwise commercially exploit the Website or its content.

◆ Use any content, data, or materials obtained from the Website to develop, train, fine-tune, or improve any machine learning models, artificial intelligence systems, or similar technologies.

You shall not remove, alter, or obscure any copyright, trademark, or other proprietary notices contained on the Website or in its content.

Toucan’s names, logos, trademarks, service marks, and brand elements are the exclusive property of Toucan. You shall not use, reproduce, or display any of the foregoing without Toucan’s prior written consent.

All third-party trademarks, trade names, or brand elements that may appear on the Website are the property of their respective owners, and their use on the Website does not imply any affiliation, endorsement, or sponsorship unless expressly stated.

Any feedback, suggestions, or ideas provided by you in relation to the Website may be used by Toucan without restriction or obligation to you.

Toucan reserves all rights not expressly granted under these Terms and reserves the right to enforce its intellectual property rights to the fullest extent permitted under applicable law.

6. User Obligations

You agree that you shall access and use the Website only for lawful purposes and in accordance with these Terms. You represent and warrant that you have the legal capacity to access and use the Website and that your use of the Website does not violate any applicable law or regulation in your jurisdiction.

Where access to certain features requires registration, you agree to provide accurate, current, and complete information and keep it updated.

Where you provide any information or Personal Data through the Website, you agree that such information shall be accurate, complete, and up to date. Toucan reserves the right to restrict access or engagement where information provided is false or misleading.

You are responsible for maintaining the confidentiality of your login credentials and for all activities carried out under your account. You agree not to share your credentials with any third party and to notify Toucan immediately of any unauthorized access or use.

You agree to comply with all applicable laws in connection with your use of the Website. You shall be responsible for your use of the Website. To the extent your actions result in any loss, damage, liability, or cost to Toucan, you agree to compensate Toucan for the same.

Toucan reserves the right to suspend or restrict access to the Website or any associated account in the event of any breach of these Terms or misuse of the Website.

7. Disclaimer of Warranties

The Website and all content made available through it are provided on an “as is” and “as available” basis. Toucan makes no representations or warranties, express or implied, including but not limited to warranties of accuracy, completeness, reliability, availability, fitness for a particular purpose, or non-infringement.

Toucan does not warrant that the Website will operate continuously, securely, or without interruption, or that it will be free from errors, viruses, or other harmful components.

Nothing on the Website constitutes an offer, solicitation, or invitation to provide any regulated financial or payment services. Any performance metrics, projections, or illustrative outcomes presented on the Website are indicative only and may vary based on use case, integration, regulatory requirements, and other external factors. Any reliance on the Website or its content is at your own risk.

8. Limitations of Liabilitiy

To the maximum extent permitted under applicable law, Toucan and its affiliates, directors, officers, employees, agents, licensors, and service providers shall not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, including loss of profits, loss of data, loss of goodwill, business interruption, or other intangible losses, arising out of or in connection with:

◆ Your access to or use of, or inability to access or use, the Website;

◆ Any reliance placed on the content or information available on the Website;

◆ Any unauthorized access to or alteration of data or systems;

◆ Any errors, omissions, interruptions, defects, delays, or failures of the Website; or

◆ Any modification, suspension, or discontinuation of the Website or any part thereof.

This limitation shall apply regardless of the form of action, whether in contract, tort, negligence, or otherwise, and whether or not Toucan has been advised of the possibility of such damages.

Toucan shall not be responsible for any loss or damage arising from your failure to provide accurate information or to maintain the confidentiality of your account credentials, where applicable.

9. Links to Third-Party Websites

The Website may contain links to third-party websites, services, or resources, which are provided for convenience only. Toucan does not control, endorse, or assume any responsibility for the content, accuracy, completeness, legality, privacy practices, or availability of such third-party websites or services.

Any dealings, transactions, or interactions between you and such third parties are solely between you and the respective third party. Toucan shall not be responsible or liable for any loss or damage arising out of or in connection with such interactions or your use of or reliance on any third-party content, products, or services. You should review the applicable terms and privacy policies of such third-party websites or services before using them.

10. Additional Terms; Security

Toucan may offer payment aggregation services, payment processing services, merchant onboarding, technology platforms, APIs, dashboards, or other regulated financial services. Access to and use of such services may be governed by separate agreements (including merchant agreements, service agreements, API documentation, or onboarding documentation), which shall apply in addition to these Terms.

Availability, scope, and features of Toucan’s products and services may vary across jurisdictions and are subject to applicable local laws, regulatory requirements, and licensing conditions.

Certain sections, features, or services available through the Website may be subject to additional terms and conditions, which shall apply in addition to these Terms.

You acknowledge that transmission of information over the internet is not completely secure and is at your own risk. Please refer to our Privacy Policy for more information on how we handle your personal data.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of India. Any disputes arising out of or in connection with these Terms or use of the Website shall be subject to the exclusive jurisdiction of the courts at Hyderabad, Telangana.

Failure by Toucan to enforce any provision shall not be deemed a waiver of such provision. If any provision is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.