Gathrr Payments is a service that enables you to accept payments from your customers through multiple modes of payments such as credit cards and debit cards. We provide this service by partnering with financial institutions, card networks such as Visa and Mastercard (“Card Networks”), Payment Methods providers and other third parties (“Payment Intermediaries”). When you use Gathrr Payments, these specific terms of service (“Gathrr Payments Terms”) apply to you in addition to the General Terms.
Payment Processing and Settlement
If your customer elects to make a payment to you in connection with goods or services offered by you (“Transaction”), Gathrr will collect the payment from your customers for the Transactions (“Transaction Amounts”) in an escrow account maintained with a scheduled commercial bank. Gathrr will then settle the Transaction Amount to your Bank Account within one (01) Business Day from the date funds are received into Gathrr’s escrow account, after deducting applicable Charges. Gathrr may impose monetary limits on the aggregate transaction volume processed on your behalf. You understand and agree that Gathrr shall not be responsible for any error or delay in settlement of Transaction amount, to the extent they are attributable to banks and Card Networks.
Gathrr may withhold settlement of funds to you until the expiry of the refund period provided to your customers (i) where there are pending or anticipated disputes or refunds; or (ii) in the event that Gathrr suspects or becomes aware of any illegal or fraudulent activity taking place in your Gathrr Account.
For the purpose of these terms, “Business Day” shall mean any day from Monday to Friday, excluding any days when scheduled commercial banks are closed for business.
Card Payment Processing
You shall accept all valid and unexpired cards presented for payment by your customer, which are supported by Gathrr. You hereby represent and warrant that you will not discriminate against the use of cards in any way and you will not process card payments in order to give your customers cash.
You shall ensure that your infrastructure and systems are compliant with Payment Card Industry Data Security Standards (PCI – DSS) and Payment Application Data Security Standards (PA-DSS).
You shall, at all times, comply with rules of Card Networks (“Card Network Rules”). You understand and agree that the Card Networks may enforce any provision of the Card Network Rules against you and may prohibit you from engaging in any conduct which the Card Networks deem to injure or create a risk of injury to the Card Networks. You hereby agree not to take any action that could interfere with or prevent the exercise of this right by the Card Networks. In the event of any inconsistency between these General Terms, Gathrr Payments Terms and Card Network Rules, the Card Network Rules will take precedence.
You shall display relevant trademarks or service marks of Card Networks (“Card Networks Marks”) at the relevant points of sale for the limited purpose of indicating which cards are accepted for payments. You further acknowledge and agree that (i) the Card Networks are the sole and exclusive owners of Card Networks Marks; (ii) you shall not contest ownership of Card Networks Marks for any reason; and (iii) the Card Networks may, at any time, immediately and without advance notice, prohibit you from using any Card Networks Marks for any reason.
You understand and agree that in the event your annual sales (including the annual sales of any of your related entities) exceed the threshold amount set by Visa, Mastercard and other card networks (“Card Networks”), you will be required to enter into a direct contractual relationship with the members of the Card Network.
Platform Fees
Gathrr will charge you a fee for provision of Gathrr Payments (“Platform Fee”) as per the pricing mentioned in contract, website or as otherwise agreed between you and Gathrr. Gathrr will deduct the Platform Fee from the settlement funds held on your behalf. Gathrr reserves the right to increase the Platform Fee at any time without prior notice to you.
Merchant Obligations
- You shall clearly display on your website and mobile application (if applicable), through which you offer goods or services (“Platform”), (i) your name as the merchant of the goods and services, as well as the name that will appear on the cardholder statement, (ii) complete and accurate descriptions and images of all goods and services offered for sale; (iii) your privacy policy; (iv) customer grievance redressal policy, detailing the process for addressing any disputes or grievances related to the goods and services offered, including the turnaround time for resolving queries; (v) refund and cancellation policy applicable to your customers; and (vi) any other information required by applicable laws, regulations, or Card Network Rules.
- You shall provide a clear indication to your customers that they are committing themselves to a Transaction before they proceed to make payment and shall also provide them with an option to cancel the payment as an alternative to making the payment;
- If the price displayed to a customer for a chosen payment method is not applicable to all accepted methods of payment then, you shall, prior to accepting the Transaction, display a statement that clearly explains any Payment Method to which the indicated price
Chargebacks
You are solely liable for chargebacks raised by your customers. Upon receipt of a chargeback request, Gathrr will notify you of such request. In the event you decide to dispute a chargeback request, you shall provide the required information and documentation in support of your claim promptly upon receiving the chargeback request. If you do not provide adequate information promptly, you may be not be able to dispute a chargeback. In the event the dispute is resolved in your favor, the chargeback amount will be returned to you. You understand that neither Gathrr nor Payment Intermediaries are a party to the chargeback dispute process and assume no liability in connection with such process. With respect to chargebacks, you understand the decision of the relevant Payment Intermediary is final. Gathrr reserves the right to withhold payments to you in case there are pending, anticipated or excessive chargebacks relating to your use of Gathrr Payments. You shall indemnify, defend and hold Gathrr harmless from any claims, disputes, penalties, costs and expenses arising out of chargebacks raised in connection with your use of Gathrr Payments.
Withholding, Suspension and Rejection of Transaction
In addition to Gathrr’s rights under General Terms, Gathrr may withhold settlement of funds, reverse the Transaction or suspend Gathrr Payments if (i) chargeback rates taking place in your Gathrr Account exceed the limits acceptable to Gathrr, or (iii) Payment Intermediaries instructs Gathrr to do so.
Gathrr may reject any Transaction initiated by your customer for reasons such as (i) incorrect or inaccurate payment information provided by such customer, (ii) Transaction taking place using a Payment Method that is outside the authorized territory authorized for its usage, or (iii) rejection of customer’s Payment Method by Payment Intermediaries.
Unauthorized Transactions
Where it is reported by your customer that funds have been debited without authorization with respect to a Transaction (“Unauthorized Transaction”), Gathrr may suspend payment in respect of such Transaction to you until such time the investigations or enquiries related to such Unauthorized Transaction is complete. Upon completion of investigations and enquiries, if it is determined that Transaction is unauthorized, Gathrr will deduct the amount corresponding to such Unauthorized Transactions from the settlement funds held on your behalf. Any such amount deducted will be refunded to the source account from which it was originally received.
Penalties and Fines
You are liable for penalties and fines that are imposed on you or on us by Payment Intermediaries or regulatory authorities arising in connection with your use of the Gathrr Payments.
Refunds
You may initiate a refund for a Transaction for reasons such as customer cancelling a Transaction and product being out of stock, provided sufficient funds are available for settlement to you. Refunds initiated by you shall be routed to the Payment Method through which the Transaction was processed. Platform Fee incurred by you for the Transaction will not be refunded to you and you will also be liable for any fees or charges associated with the refund.
Reserves
Gathrr may require you to deposit a specified amount as reserve (“Reserve”) to cover existing and potential chargebacks, refunds, fines, and other payment obligations owed or that may become owed to us. The amount of the Reserve, the duration for which it must be maintained, and other applicable terms will be determined by Gathrr based on factors such as your transaction history, the type of goods and services you offer, and your chargeback ratio.