Merchant Terms – Service Providers


This document is an electronic record in terms of the Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This document is published in accordance with the provisions of Rule 3 (1)(a) of the Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021 that require publishing the rules and regulations, privacy policy and terms for access or usage of Pyng website and Pyng application for mobile and handheld devices (collectively referred to as “Pyng Platform”).

Any capitalized terms used but not defined herein shall have the meaning assigned to them under the Terms of Use which govern your use of our Pyng Platform.

You wish to avail the Services enabled by Pyng on a non-exclusive and contractual basis subject to the terms and conditions set out hereinafter, which includes, inter alia, warranties provided by the Parties, obligations, intellectual property rights, confidentiality obligations, responsibilities of the Parties and grounds for termination of this contract/these terms. Merchant and Pyng are referred to individually as ‘Party’ and collectively as ‘Parties’, wherever the context so requires.

         

  1. These terms are called the “Merchant Terms” and these Merchant Terms read together with Terms of Use, the Letter of Understanding (“LoU”), or any other agreement signed between the Parties shall govern your use of Pyng Platform. Please read these Merchant Terms carefully before you use the Services. If you do not agree to these Merchant Terms, you may not use the Services on the Pyng Platform and we request you to uninstall the Pyng application from your mobile/handheld devices. By installing, downloading or even merely using the Pyng Platform, you shall be contracting with Pyng and you signify your acceptance to this Merchant Terms, Terms of Use and other Pyng policies (including but not limited to the Privacy Policy being incorporated by reference herein) which take effect on the date on which you download, install or use the Services (defined below), and create legally binding arrangements to abide by the same.

  2. These Merchant Terms along with the LoU or any other agreement signed between the Parties shall constitute the entire agreement between the Parties in relation to the Services.

  3. The Pyng Platform is owned and operated by Swiggy Limited, a company incorporated under the laws of India and having its registered office at No.55, Sy.no. 8-14, I & J Block, Ground Floor, Embassy Tech Village, Outer Ring Road, Devarabisanahalli, Bangalore - 560103, India. For the purpose of these Merchant Terms, wherever the context so requires “you” or “user” shall mean any natural or legal person who has agreed to become a merchant on the Platform by providing registration data during the registration/ onboarding on the Platform as a registered partner using the computer systems. The term “Pyng”, “we”, “us” or “our” shall mean Swiggy Limited.

  4. Pyng enables transactions between participant merchants (you) providing services, and the buyers (“Platform Services”). The buyers (“Buyer/s”) can choose and place service orders (“Orders”) from the list of services listed and offered (“Merchant/s”) on the Pyng Platform. 



  1. These Merchant Terms are subject to modifications, and we reserve the right to modify or change the Merchant Terms and other Pyng policies at any time by posting changes on the Platform with intimation to You. Pyng might choose to communicate such modifications in a separate email and any other form of communication to you for your ready reference. However, you shall, at all times, be responsible for regularly reviewing the Merchant Terms and other policies and note the changes made on the Platform. Your continued use of the Pyng Platform and the Services after any change is posted constitutes your acceptance of the amended Merchant Terms and other policies.

  2. Use of Pyng Platform and Services



  1. All commercial/contractual terms are offered by you and agreed to, by the Buyers alone. The commercial/contractual terms include without limitation price of services by you, applicable taxes, payment methods, payment terms, date, time and mode of delivery of service, warranties related to services (if any) and after sales services related to services. Pyng does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Merchants.



  1. Pyng is not responsible for any non-performance or breach of any contract entered into between Buyers and Merchants on the Platform. Pyng cannot and does not guarantee that the concerned Buyers and/or Merchant will honour any transaction concluded on the Pyng Platform. Pyng is not responsible for unsatisfactory or non-performance of services or delays as a result of such services provided.

  2. Pyng is only operating an online marketplace and assumes the role of facilitator, and does not at any point of time during any transaction between Buyer and Merchant on the Pyng Platform come into any of the services offered by the Merchant. At no time shall Pyng have any obligations or liabilities in respect of such contract entered into between the Merchant and the Buyer.

  3. Pyng is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Merchant and the Buyer. In case of complaints from the Buyer pertaining to the services offered, or any other such issues, Pyng shall notify the same to Merchant and may also redirect the Buyer to the customer call centre of the Merchant, if available. Merchant shall alone be liable to redress and to take action on the complaints by the Buyer. Pyng shall, in the interest of satisfactory resolution of the complaint, share with the Buyer relevant information pertaining to the Order along with Merchant contact details.

  4. Please note that there could be risks in dealing with underage persons or people acting under false pretence.

     

  1. Terms and Conditions of Service

  1. Pyng shall provide the Services at all times using commercially reasonable efforts without any liability whatsoever.

  2. Pyng provides no assurance and/or guarantees towards a Buyer placing Orders with any Merchant/s on the Pyng Platform. Merchant shall be solely responsible for display of the details pertaining to services, which shall be listed for the Buyers to choose from.

  3. Pyng has no control, in any manner whatsoever, with respect to the ratings or reviews received by the Merchant from the Buyers for the Orders placed on the Platform. Such ratings are dependent on multiple factors which the Buyers rate the Merchant on, including but not limited to such Buyer’s experience with the Merchant services.

  4. Pyng shall at its sole discretion determine the areas where the Services shall be provided by Pyng via the Pyng Platform. Merchant shall be solely responsible to reimburse and/or absorb the cost of Orders for which Buyers have either refused to pay for or have claimed a refund for reasons that are solely attributable to Merchant (“Disputed Orders”), including but not limited to:

  1. Buyer’s expectations not being met or Buyer dissatisfaction with regard to the quality of  Merchant service;

  2. non provision of service



  1. Merchant shall be solely responsible for reviewing information on the Pyng Platform and shall ensure that any and all information available are up to date and in accordance with applicable law. The Merchant shall update all such information and inform Pyng about the same in accordance with these Merchant Terms. Pyng shall not be liable or responsible in any way for any change in the list of service provided by the Merchant.

  2. The Merchant represents, warrants and covenants that:

  1. it holds, at all times all licenses and/or consents necessary under all applicable statutes and regulations (“License”), for it to carry out its business. The Merchant shall provide the details of its License and a clear and legible image of the same shall be displayed on the Pyng Platform;

  2. it has full power and capacity to enter into and perform its obligations under this Merchant Terms and has taken all necessary corporate and other actions to authorise the execution and performance thereof, mere use of the Pyng Platform and Services will constitute valid and binding obligations on and against it, in accordance with its terms;

  3. it is the sole author of, owns or otherwise controls all content provided to Pyng, or has been granted the right to use such content / information from the rights holder and does not violate or infringe any rights of any third party including intellectual property rights or applicable laws;

  4. all information provided by the Merchant to Pyng, including all information contained in the Merchant’s service offerings, inclusions and exclusions is and shall at all times be true, accurate and correct and not misleading in any respect;

  5. it will comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and anti-corruption including but not limited to the Prevention of Corruption, Act 1988;

  6. it shall adhere to and comply with delivery schedules and timelines that has been represented for services on the Pyng Platform;

  7. Pyng shall not be responsible for any act, omission, communication between the buyer and the Merchant that occurs outside the Pyng Platform. ;

  8. it shall ensure, at all time, its personnel, its employees and representatives (Merchant Personnel) behave in a respectable and courteous manner with Buyers. Merchant Personnel shall not be rude, behave discourteously, or use foul or abusive language during any interaction. It shall at all time promptly report to Pyng immediately, any behavioural issue by the Pyng representatives or Buyers for suitable action;

  9. it shall process and execute the Orders promptly, correctly and within the stipulated service level timelines, as follows;

  1. Digital Product- immediately after completion of payment by the Buyer. 

  2. Enquiries- within 24 hours from the time the same having been relayed to it on the Pyng merchant application. 

  3. Request to add to community- immediately after completion of payment. 

  4. Online meeting- Before 3 hours of the meeting time 

  5. Quick call- 

  6. Events/Trials-  

In the event that the Merchant does not confirm the Order, the Order will be deemed as cancelled by the Merchant. An intimation of such cancellation shall be sent to Merchant and such cancellation shall be treated as Merchant Cancellation and Pyng shall reserve the right to recover Service Fee for such cancelled Order.

  1. The Merchant shall contact Buyer if an Order cannot be processed as requested or to clarify the details of an Order, if required, post confirmation of the Order.

  2. issue valid tax invoice against each Order fulfilled.

  3. it shall be solely liable for issues pertaining to the Merchant services and the Merchant undertakes to keep Pyng fully and effectively indemnified against the same.



  1. it shall be alert to the advisories issued by Pyng on ancillary charges that may be chargeable by Merchants to Buyers on the Pyng Platform. The Merchant shall, in view of such advisories being issued to adopt best industry practices and in the interest of Merchants and Buyers, endeavour to adhere to such advisories swiftly.

  2. The Merchant will not discriminate against Buyers while servicing Buyer via the Pyng Platform. The Merchant will not provide preferential treatment to customers who procure service independently or otherwise from the Merchant (i.e. customers procuring service directly from the Merchant or through any other platform or venue).

  3. The Merchant shall promptly and in any event, no later than 48 Hours from the time when an issue is raised by the Buyer, redress the Buyer complaints which have been referred to the Merchant in respect of the Merchant service.



  1. Each Party hereby grants to the other Party a non-exclusive, non-transferable, worldwide, royalty free right to use, copy, publish and display the other Party’s trademarks, logos, name, menu and related information solely in connection with the promotion and marketing of the collaboration between Pyng and the Merchants and related purposes, including for publishing on the Pyng Platform.

  2. Notwithstanding anything else contained under these Merchant Terms, Pyng reserves the right to temporarily discontinue Services or permanently terminate the same with immediate effect for breach or non-compliance by the Merchant which includes, but is not limited to, the following instances;

  1. Buyer complaints received by Pyng which are directly or indirectly attributable to the Merchant service either through poor ratings, as defined by Pyng, through calls placed with Pyng or through any other means;

  2. Breach of the provisions of the applicable laws, by the Merchant;

  3. Non-adherence to Pyng’s service delivery schedules and timelines that has been represented for service on the Pyng Platform or frequent rejections;

  4. Misbehavior with Pyng’s representatives/personnel;

  5. Breach of the representations and warranties of the Merchant; or

  6. Any other breach of the Merchant Terms or the LoU.



Pyng reserves the right to resume provision of Services to the Merchant at its own discretion.



  1. Notwithstanding anything contained hereinabove, Pyng has the right to immediately delist any of the service or the Merchant from the Pyng Platform, which is not in compliance with the applicable rules and regulations or has poor performance review.

  2. The Merchant acknowledges that all Services offered by Pyng on the Pyng Platform are non-exclusive in nature.

  3. Either Party can terminate this contract providing 30 days’ prior written notice to the other Party.  Pyng shall reserve the right to delist the Merchant at the end of 30th day. Upon termination in accordance with the terms hereof, Merchant shall only be required to service Orders already placed through Pyng prior to such expiry or earlier termination of this Merchant Terms, and Pyng shall be entitled to receive Service Fee for such Orders. Pyng may at its option elect not to terminate this agreement, however, shall have the right to suspend the services during the notice period.

  4. Pyng may also manage an email ID on your behalf, which shall be hosted on the https://pyng.co.in/ domain, in order to manage Buyer communications and correspondence.

  5. Pyng reserves the right to introduce, withdraw or modify any category and attach necessary conditions thereto on its Pyng Platform as it may deem fit from time to time.



  1. Your Account and Registration Obligations

If you use the Pyng Platform, you shall be responsible for maintaining confidentiality of your login and password details and all activities that occur with the use of your login and password details. You agree that if you provide any information or content, required under these terms and conditions to be put up on the Pyng Platform, which is untrue, inaccurate, not current, or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, incomplete, or not in accordance with the Merchant Terms, we shall have the right to indefinitely suspend, terminate or block you from accessing the Pyng Platform. Your registration with Pyng as a Merchant is exclusively for your use to gain access to the Pyng Platform and is strictly not transferable.

  1. Communications

When you use the Pyng Platform or send emails, other data, information, or communication to us, you agree and understand that you are communicating with us through electronic records and you consent to receive communications via electronic records from us periodically or as and when required. We may communicate with you by email, whatsapp or any other mode of communication, electronic or otherwise.

  1. Pyng merchant App & Use

Merchant shall be granted access to Pyng merchant application for handheld devices and at its sole discretion Pyng may issue hand held device to the Merchant (with embedded merchant app) and the Merchant shall:

  1. ensure it has a functional tablet / mobile with the Pyng merchant application at all times in Order to (a) receive and confirm Orders and provide estimates of completion times or; (b) reject the Order through the merchant application;

  2. in case it declines Orders through the tablet / mobile provided however, then it shall not use alternate means (phone/ emails) to connect with the Buyer in parallel to take Orders and thereby circumventing the process;

  3. execute the Orders promptly and indicate the estimated time to process the Order including updating the status through the merchant App;

  4. Communicate with a Pyng service operator through the phone call and/or SMS.

  5. Manage real time status of operations

  1. Disclaimer

To the fullest extent permitted by law, Pyng and its affiliates, and each of their respective officers, directors, members, employees, and agents disclaim all warranties, express or implied, in connection with these Merchant Terms, the Services and any use thereof, including, without limitation, the implied warranties of Merchantability, fitness for a particular purpose and non-infringement. Pyng makes no warranties or representations about the accuracy or completeness of the Pyng Platform’s or the services’ content or the content of any other websites linked to the Pyng Platform, and assumes no liability or responsibility for any (a) errors, mistakes, or inaccuracies of content and materials, (b) personal injury or property damage, of any nature whatsoever, resulting from the Merchant’s access to and use of the Pyng Platform and the services, (c) any unauthorized access to or use of Pyng servers and/or any and all personal information and/or financial information stored therein, (d) any interruption or cessation of transmission to or from the Pyng Platform or otherwise with respect to the Services, (e) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Pyng Platform or the services by any third party, and/or (f) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Pyng Platform or the services. Pyng disclaims any and all liability for direct, indirect, incidental, special, consequential, punitive or other similar damages that may arise due to any deficiency in the Orders attributable to the Merchant, any malfunction or error on Pyng by the Merchant including but not limited to, technical errors, delays, omissions, inaccuracies in the content provided. Pyng disclaims and all liability that may arise due to any violation of the applicable rules and regulations and such liability shall be attributable to the Merchant.

  1. Confidentiality

Each Party agrees that the information provided while availing the Services is confidential and of substantial value to the other Party may be disclosed to the other Party. Such information may include, but is not limited to, unpublished software code, technical processes, product designs, financial information, business plans, or material related to advertising or marketing. All such information shall be confidential and shall be kept confidential by both Parties throughout the Term and for a period of 2 years thereafter.

  1. Intellectual Property

  1. Each Party owns all rights, title and interest in their respective trade names, service marks, inventions, copyrights, trade secrets, patents, and other intellectual property (“Intellectual Property”). These Merchant Terms does not constitute a license or a right to use any Party’s Intellectual Property other than as expressly set out in these Merchant Terms. You and we agree that, in the event of any third-party claims infringement of its intellectual property rights on the Platform, and such content which is alleged to have infringed such third party intellectual property rights has been shared on the Platform by you, it shall be your responsibility to investigate, defend, settle and discharge any such intellectual property infringement claim in relation to such content on the Platform.

  2. You recognise that Swiggy is the owner of the word mark ‘Pyng’ (”Licensed Marks”) and further agree not to directly or indirectly, attack or assist another in attacking the validity of Pyng‘s or its affiliates proprietary rights in, the Licensed Marks or any registrations thereof, or file any applications for the registration of the Licensed Marks or any names or logos derived from or confusingly similar to the Licensed Marks, any variation thereof, or any translation or transliteration thereof in another language, in respect of any products/services and in any territory throughout the world. In the event you notice any infringements of Licensed Marks, please write to us at brand-protection@swiggy.in or legal@swiggy.in.

  3. Pyng respects third party intellectual property rights and has put in place a ‘IP Notice and Take Down Policy’ so that intellectual property owners can easily report listings that infringe their right to ensure that infringing products are removed from the site, as such intellectual property violations erode Buyer and good Merchant trust.

  4. Only the intellectual property rights owner can report potentially infringing products or listings through ‘Take Down Policy’ by way of Notice of infringement in the specified format. If you are not the intellectual property rights owner, you can still help by getting in touch with the rights owner and encouraging them to contact us.

  5. Merchant grants to Pyng an unrestricted, non-exclusive, royalty-free licence in respect of all content and information provided to Pyng by the Merchant for the purposes of inclusion on the Platform and as may be otherwise required. This includes, but is not limited to, (a) use of the Merchant’s name for any and all advertising and promotional campaigns to promote the Services (b) preparation of derivative works of, or incorporate into other works, all or any portion of the marketing materials which will be made by Pyng for the purposes of its business.

  6. Any content, information or material that the Merchant transmits or submits to Pyng either through the Pyng Platform or otherwise shall be considered and may be treated by Pyng as non-confidential, subject to Pyng’s obligations under relevant data protection legislation.

  7. The Merchant also grants to Pyng a royalty-free, perpetual, irrevocable, non-exclusive license to use, copy, modify, adapt, translate, publish and distribute world-wide any content, information or material for the purposes of providing Services under these Merchant Terms or to or for the purposes of advertising and promotion of the Platform. The Merchant agrees that all content, information or material provided to Merchant that is published on the Platform, may be relied upon and viewed by Buyers to enable them to make informed decisions at the prepurchase stage.



(Note: Pyng does not and cannot verify that Merchants have the right or ability to provide their listed services. However, Pyng is committed to ensure that item listings do not infringe upon intellectual property rights of third parties once an authorized representative of the rights owner properly reports them to Pyng.)

      

  1. Indemnity

You agree to defend, indemnify and hold harmless Pyng , its affiliates and its and their respective officers, directors, employees and agents from and against all actions, third party civil and criminal claims, liabilities, losses, damages and expenses, including but not limited to reasonable attorney’s fees, arising out of or relating to the breach of these terms, the Orders, services or offers supplied by the you, or arising out of or relating to your content listed on the Platform.

        

  1. Limitation of Liability

For the purposes of this clause, “Liability” means liability in or for breach of contract, negligence, misrepresentation, tortious claim, restitution or any other cause of action whatsoever relating to or arising under or in connection with these Merchant Terms, including liability expressly provided for under these Merchant Terms or arising by reason of the invalidity or unenforceability of any term of this Merchant Terms. Pyng does not exclude or limit Liability for any Liability that cannot be excluded by law. Subject to the preceding sentence, neither Party shall be under any Liability for loss of actual or anticipated profits, loss of goodwill, loss of business, loss of revenue or of the use of money, loss of contracts, loss of anticipated savings, loss of data and/or undertaking the restoration of data, fraudulent Orders, any special, indirect or consequential loss, and such liability is excluded whether it is foreseeable, known, foreseen or otherwise. However, Pyng will use its best endeavours to ensure that the unintentional operational errors do not occur, Pyng cannot provide any warranty or guarantee in this regard. Notwithstanding anything to the contrary herein set out, Pyng’s aggregate liability under this Merchant Terms shall not exceed the total value of a Disputed Order.

  1. No Waiver

No failure or delay by any Party in exercising any right, power or remedy under these Merchant Terms or provided by law shall operate as a waiver thereof or affect that right, power or remedy. No waiver by any Party of any breach by any other Party of any provision hereof shall be deemed to be a waiver of any subsequent breach of that or any other provision hereof.

  1. Relationship

The Parties agree that nothing in this Merchant Terms shall be construed as creating the relationship of employer and employee, master and servant, or principal and agent, or a partnership, or a joint venture of any kind whatsoever between the Parties or between the parties and its respective contractors / employees. Pyng is, and shall remain an independent contractor with respect to their performance hereunder and shall have no right or authority to assume or create any obligation, express or implied on behalf of the Merchant and vice versa.

  1. Governing Law

This Merchant Terms shall be governed by and construed in accordance with the laws of India. Any dispute arising out of or in connection with Services, which the Parties are unable to settle within 30 days, shall be referred to arbitration by a sole arbitrator appointed mutually by both Parties. The Arbitration shall be conducted in accordance with Arbitration and Conciliation Act, 1996 or any statutory re-enactment or modification thereof for the time being in force. The venue of the arbitration shall be Bengaluru and the arbitration shall be conducted in English language. Subject to the foregoing, the courts at Bengaluru shall have exclusive jurisdiction.

  1. Severability

If any provision of these Merchant Terms is held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of the Merchant Terms which can be given effect without the invalid provision shall continue in full force and effect and shall in no way be impaired or invalidated.

  1. Notice

All notices under these Merchant Terms shall be sent by registered post acknowledgment due, contemporaneous courier or email to the address mentioned below; Swiggy Limited Reg Office: No.55, Sy.no. 8-14, I & J Block, Ground Floor, Embassy Tech Village, Outer Ring Road, Devarabisanahalli, Bangalore -560103, India. Time: 9.30 AM to 5.30 PM from Monday to Friday If the Merchant notices any discrepancy in the settlement of Collections, the Merchant may raise a ticket by writing an email to support@pyng.co.in and the same will be mutually resolved by both parties within 15 days from the date on which the ticket was raised.

Pyng shall issue notice to Merchant vide registered post, contemporaneous courier, partner App or email or mobile number registered with Pyng. All or any of the foregoing modes of communication shall be valid and binding.

  1. Force Majeure

If at any time during the currency of the agreement between Merchant and Pyng , the performance in whole or in part by either party or any obligations under the contract shall be prevented or delayed by reasons of acts of God, war, hostilities, invasions, act of public enemies, civil commotion, sabotage, fire, explosions, flood, cyclone, earthquake, pandemics, epidemics and any form of government restrictions on business operations, adverse climatic conditions and other unforeseen events or circumstances etc. (hereinafter referred to as “Force Majeure Conditions”) which directly affect the performance of obligations and which are beyond the reasonable control of either party, provided notice of the happening of any one or more of the Force Majeure Conditions is given by either party on occurrence of the Force Majeure Conditions, the obligation of the party giving notice shall stand suspended without any liability towards the other party so long as such Force Majeure Conditions continues except such obligations as may have accrued till the date of commencement of the Force Majeure.

  1. Anti-Bribery

In case the Parties become aware of any benefit in cash or in kind being provided to any officer or employee, or any relative / associate of any officer or employee, of the other Party or of any of its associate companies, in order to secure this transaction, it shall notify the other Party of the same and the Parties will determine the way forward. In case of notification to Pyng, it shall be sent to Pyng‘s ethics hotline portal, whose contact details are captured below:

Toll-free: By dialling a toll-free number – 000 800 100 4382 or 0008001008277 or +91-11-71279005 (Available in English language at all times and in Hindi between 11.30 am to 6.30pm). Outside of this window, other reporting channels can be used for providing information

2. Email: By sending an email to “swiggy@ethics-line.com”

3. Web Portal: www.tip-offs.com/Swiggy




  1. Payment Terms

  1. Definitions

  1. The term “Gross Value” shall mean with respect to each Order, the aggregate of the following (i) price of the service included in each Order as per the price displayed on the Pyng Platform; ii) GST and other such taxes as applicable.

  2. The term “Net Value” shall mean the system value excluding GST and such other taxes that may be applicable.

  3. The term “Service Fee” shall mean and include:

  1. “Platform Service Fee”, means the fee for Platform Services provided by Pyng to the Merchant and shall include listing fee;



  1. The term “Successfully Delivered Order” shall mean Orders for which Collections have been made.

  2. The term “Disputed Order/s” shall mean those Orders for which Buyers have either refused to pay for or have claimed partial or full refund, as applicable, for reasons that are attributable to Merchant, including but not limited to, Buyer’s expectations not being met or Buyer dissatisfaction in relation to, inter alia, the quality of the service, non-provision of service. In such events, Pyng shall be entitled to recover from Merchant the Service Fee from the Collections. It is clarified that Pyng shall not be liable to make any payment for a Disputed Order. Pyng shall reserve the right to recover from the Merchant, the amount paid to Buyers as refund upto the Order value. 

  3. The term “GST” shall mean goods and service tax.

  4. The term “Other Services” shall mean the other services that are provided by Pyng to Merchants as defined under ‘Schedule of Charges’ below.

  5. The term “Other Charges” shall mean the charges that are applicable to Merchant for Other Services specified under Schedule of Charges, which can be accessed Here.

  1. Pyng shall charge Merchant/s Service Fee for the Services provided. The Merchant shall pay Service Fees to Pyng as agreed between the Parties under the duly LoU, which term shall include references to any amendments made thereto. The Service Fees are subject to GST and other taxes applicable thereon at the prevailing rates.

  2. Pyng shall collect the payments against undisputed Orders from the Buyers (the “Collections”) and shall remit to the bank account of the Merchant as specified hereinabove. Pyng shall be entitled to make the following deductions (“Deductions”) from the Collections: (i) Service Fees for the applicable Settlement Period, including Service Fees for Disputed Orders (ii) Other Charges as mentioned under Schedule of Charges clause below and (iii) GST & other taxes applicable thereon at the prevailing rates, from weekly settlement remittance for the applicable Settlement Period (defined hereinafter) and (iv) amounts due and payable to Pyng under any other  agreements or arrangements between Pyng and Merchant.

  3. Upon the expiry or earlier termination of the LoU in accordance with the terms thereof, Pyng and the Merchant shall only be required to service Orders already placed through Platform prior to such expiry or earlier termination, and Pyng shall be entitled to deduct payments for such Orders in accordance with this Payment Terms.

  4. In the event of any change to the system value, the Merchant shall inform Pyng of such change at least 4 working days prior to effecting such changes. The system value will be deemed to be updated with the changes as communicated by the Merchant on the 5th working day from the date of receipt of such written communication by Pyng. It is however clarified that for the purpose of determining the value of an Order, only the system value, as updated in accordance with this clause, shall be considered as the final value. Pyng shall not be liable or responsible in any way for any change in service list by the Merchant, except to the extent already informed by the Merchant to Pyng in accordance with this clause.

  5. Mode of Payment

  1. Settlement of the Collections shall occur on a weekly basis (and in accordance with the payment systems and nodal account guidelines prescribed by the Reserve Bank of India) to allow for adjustments towards Disputed Orders (the “Settlement Period”) subject to deductions specified hereinabove. The Settlement Period for Orders serviced from Sunday to Saturday shall be on or before Wednesday of the following week. If the Settlement Period falls on a bank holiday, it shall be deemed to be the following working day.

  2. Pyng shall raise invoices for the Service Fees for the applicable Settlement Period, and the applicable Service Fees shall be deducted from the Collections. The balance Collections shall be remitted by Pyng to the Merchant at the end of the Settlement Period.

  1. Schedule of Charges

Pyng shall be entitled to charge and the Merchant shall pay to Pyng, the charges detailed hereunder in addition to the Service Fee. These charges are subject to GST or any other taxes, applicable thereon at the prevailing rates. Pyng reserves the right to revise these charges with prior intimation to the Merchant.

Description of ServicesNoteCharges/Deductions/ReimbursementEffective fromExceptions/RemarksPenalty for Merchant Cancellation10% of the Net ValueDate of LOURefund for Disputed Order2As applicableDate of LOUCase to case basis & upto Order ValueMarketing fees and such other charges3As applicableDate of LOUAs and when service is availed.Payment Gateway chargesAs applicableDate of LOUAny other chargesAs may be notified to the Merchants

Notes:

  1. “Penalty for Merchant Cancellation” shall mean penalty with respect to Order that are cancelled by the Merchant due to closure of the Merchant’s outlet or any other reason attributable to the Merchant. Merchant Cancellations (without any charge) will be permitted up to 0.5% of Orders out of the total Orders (rounding decimals to the next whole number) in a Settlement Period [Illustration: 1.4 rounded to the next whole number will be 2 and 1.6 rounded to the next whole number will be 2];

  1. “Refund for Disputed Order/s” shall mean refund paid to the Buyer, where the Buyer claimed partial or full refund, as applicable, for the reasons that are attributable to Merchant, including but not limited to, Buyer’s expectations not being met or Buyer dissatisfaction in relation to, inter alia, the quality of the service, undelivered Orders, discrepancy in the product delivered which is not in accordance with the Order placed and/or those Orders for which Buyer requests for a refund or replacement. Instant Gratification will be effective only after Pyng provides the feature on the Pyng merchant app/website that will provide to the Merchant the information with respect to the Order and reason for deduction of compensation;

  1. “Marketing fees and such other charges” shall mean the charges towards digital marketing services including but not limited to carousel connection with the Merchant’s listings and other related services availed by the Merchant on the Platform and shall be decided by Pyng;

  1. Each Party in order to derive the benefits under the present Terms and Conditions shall exercise act only in good faith in its dealings with the other Party hereto and in performance of its obligations under these Terms and Conditions.