By activating and using the Paynessta feature on Wellnessta, you ("Vendor") agree to the following Terms and Conditions. These terms govern the use of Paynessta, including payment processing and related services provided by Wellnessta in partnership with a third-party payment gateway ("Payment Gateway").
In addition to these Paynessta-specific terms, you acknowledge and agree to be bound by the Vendor or Business Partner Account Terms of Use and the Website Terms and Conditions, which you accepted at the time of your registration. These agreements, accessible at:
• Vendor or Business Partner Account Terms of Use
• Website Terms and Conditions
By opting to activate the Paynessta feature, you further confirm your acceptance of the terms set forth herein and any applicable agreements you have previously accepted.
1. Activation and Use of Paynessta
1.1. By opting to activate the Paynessta feature, you authorize Wellnessta to facilitate payments for your salon or spa services via the Payment Gateway, which includes processing payments made by your customers using credit/debit cards, net banking, mobile wallets, or other payment methods accepted by the Payment Gateway.
1.2. Wellnessta will send a payment link to customers (whose appointments you will schedule using Wellnessta software) via SMS, WhatsApp, or email to collect payments.
1.3. The payments made through the Paynessta link will first be received by the Payment Gateway and may be routed to Wellnessta’s account or, in some cases, directly to the Vendor’s account depending on the Payment Gateway’s services.
2. Payment Processing
2.1. Payment Settlement: Payments will be settled by the Payment Gateway and typically credited to Wellnessta’s account, and subsequently to your account, as per the payment terms of Wellnessta and the Payment Gateway. Please note that Wellnessta can only remit payments to you after it receives funds from the Payment Gateway and after deducting the applicable Wellnessta platform fee and charges.
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2.2. Settlement Timeframe: Payments will be settled to your account within Transaction Date + 2 days (excluding bank holidays), subject to the Payment Gateway’s settlement schedule. Wellnessta is not responsible for any delays in the settlement of payments by the Payment Gateway.
2.3. Delayed Payments: Wellnessta is not responsible for any delays in crediting payments to your account caused by the Payment Gateway, bank holidays, or other factors outside Wellnessta’s control. Any payment delays are subject to the Payment Gateway's policies and processing times.
2.4. Payment Disputes: In the event of payment disputes, chargebacks, or claims related to payments, Wellnessta will cooperate with the Payment Gateway to resolve the issue. However, Wellnessta is not liable for any losses or damages arising from such disputes.
2.5. Payment Errors: Wellnessta makes no representations or warranties regarding the accuracy of payment credits to your account. If you notice discrepancies or errors in payments received, you must notify Wellnessta immediately, and we will work with the Payment Gateway to investigate and resolve the issue.
3. Third-Party Payment Gateway Services
3.1. Service Interruptions: Wellnessta utilizes a third-party Payment Gateway to process payments. In case of any failure, interruption, or discontinuation of the services of the Payment Gateway, Wellnessta shall not be held liable for any financial loss, service disruptions, or inconvenience caused to you or your customers.
3.2. Changes in Payment Gateway Terms: Wellnessta is not responsible for any changes or updates to the terms, fees, or policies of the third-party Payment Gateway. Any such changes may impact your ability to accept payments via Paynessta.
3A. Anti-Money Laundering and Prohibited Transactions
3A.1. Anti-Money Laundering (AML): You represent and warrant that you will not use the Paynessta feature to facilitate money laundering, terrorist financing, or any other illegal financial transactions. You agree to comply with all applicable AML laws, regulations, and guidelines.
3A.2. Prohibited Transactions: You are strictly prohibited from using Paynessta to process payments for:
(i) illegal activities;
(ii) high-risk financial services, including money lending, forex trading, and gambling;
(iii) adult content or escort services;
(iv) counterfeit goods; and
(v) any other services or transactions deemed inappropriate or high-risk by Wellnessta in its sole discretion.
Any violation of these provisions will result in the immediate revocation of your access to the Paynessta feature, and Wellnessta may pursue further legal action as appropriate.
4. Vendor Obligations
4.1. Accurate Information: You agree to provide accurate, complete, and up-to-date information, including your business details, bank account information, and contact details, for the purposes of payment processing and communication.
4.2. Appointment Scheduling: You must schedule customer appointments through the Wellnessta platform/software to use the Paynessta feature.
4.3. Compliance with Laws: You agree to comply with all applicable laws, regulations, and industry standards, including those governing payments and electronic transactions.
5. Fees and Charges
5.1. Wellnessta charges a platform fee of 2.25% (exclusive of taxes) on all payments processed via Paynessta. Additional fees may apply based on the Payment Gateway’s terms, including higher fees for international cards, corporate cards, or EMI transactions etc.
5.2. GST at the rate of 18% (or as applicable time to time) will be applicable on the platform fee and charged accordingly.
6. Limitation of Liability
6.1. Wellnessta’s liability, if any, will be limited to the amount of platform fees charged to the Vendor in connection with the specific transaction or event that gave rise to the claim.
6.2. Wellnessta shall not be liable for any indirect, incidental, consequential, or punitive damages arising from or related to the use of Paynessta, including but not limited to any loss of revenue, loss of business, or failure to process payments correctly.
6.3. Wellnessta shall not be held liable for any damages, including service interruptions, caused by the Payment Gateway or other third parties.
6.4. Vendor Service Disputes: Wellnessta is not responsible for any deficiency in service or disputes arising between the Vendor and their customer, including but not limited to complaints regarding the quality of services provided by the Vendor. Any such disputes must be resolved directly between the Vendor and the customer. Wellnessta will not be liable for any financial or reputational loss caused by customer dissatisfaction or disputes arising from the Vendor's services.
7. Termination
7.1. Wellnessta reserves the right to terminate or suspend access to the Paynessta feature if the Vendor violates these Terms and Conditions, including any misuse of the payment processing system or failure to comply with applicable laws and regulations.
7.2. You may deactivate the Paynessta feature at any time by raising disable Paynessta request (link provided in Paynessta tab of your vendor dashboard). Upon deactivation, Wellnessta will no longer provide payment processing services through Paynessta.
8. Indemnity
8.1. You agree to indemnify, defend, and hold harmless Wellnessta, its affiliates, and its employees from and against any claims, damages, liabilities, costs, and expenses arising out of your use of Paynessta, including any breach of these Terms and Conditions or violations of applicable laws.
9. Miscellaneous
9.1. Governing Law: These Terms and Conditions are governed by the laws of India, and any disputes arising from these terms shall be subject to the exclusive jurisdiction of the courts in Mumbai.
9.2. Amendments: Wellnessta reserves the right to modify or amend these Terms and Conditions at any time. You will be notified of any significant changes, and continued use of Paynessta will constitute acceptance of such modifications.
9.3. Discontinuation of Paynessta Feature: Wellnessta reserves the right to suspend, modify, or discontinue the Paynessta feature at its sole discretion, at any time and without prior notice to the Vendor. Wellnessta will not be liable for any loss, damage, or inconvenience caused to the Vendor or any third party arising from the suspension or discontinuation of the Paynessta feature.
10. Arbitration Clause
10.1. Arbitration Agreement: Any dispute, difference, or claim arising out of or in connection with these Terms and Conditions, including but not limited to the use of the Paynessta feature, shall be resolved through binding arbitration in accordance with the Arbitration and Conciliation Act, 1996.
10.2. Arbitration Venue: The venue of arbitration shall be Mumbai, India.
10.3. Arbitration Process: The arbitration shall be conducted by a sole arbitrator appointed by mutual agreement between the parties. In the event the parties are unable to mutually agree on an arbitrator, one will be appointed in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The language of arbitration will be English only.
10.4. Final and Binding: The decision of the arbitrator shall be final and binding upon the parties. The cost of arbitration shall be borne equally by both parties, unless otherwise determined by the arbitrator.
By activating Paynessta, you acknowledge that you have read, understood, and agreed to these Terms and Conditions, along with the Vendor or Business Partner Account Terms of Use and the Website Terms and Conditions, which govern your use of Wellnessta’s services.