1. Introduction

The following terms and conditions (hereinafter "Terms and Conditions") apply to or govern the Merchant's use of Canadia Bank's Payment Gateway to receive bill payment or other payments from the Customer. These Terms and Conditions herein constitute an integral part of the Agreement regarding Payment Gateway Service provided to Merchant by Canadia Bank.

By using Canadia Bank's Payment Gateway, you confirm that you have read, understood and irrevocably agreed to all Terms and Conditions herein, and that you agree to be bound by and comply with them and their amendments and/or supplements from time to time. In addition to these Terms and Conditions, you agree to be bound by other terms and conditions governing the services provided by Canadia Bank. If these Terms and Conditions are inconsistent with other terms and conditions governing other services of the Bank, these Terms and Conditions herein must prevail over those other terms and conditions.

2. Definition and Interpretation

Unless otherwise stated in these Terms and Conditions, the following terms shall have the following definitions and interpretations:

“Account” shall refer to your bank account(s), opened and held with Canadia Bank, which can be used to receive or accept a bill payment or other payments through Canadia Bank’s Payment Gateway.

“Agreement” shall refer to the Agreement form on Payment Gateway between Merchant and Canadia Bank, Annexure to the Agreement, these Terms and Conditions which jointly constitute the entire Agreement regarding the Service.

“Account Holder” shall refer to a natural person or legal person who opens and holds the Account(s) at Canadia Bank and in its name the Account is opened and held at Canadia Bank.

3. Responsibilities and Liabilitiesn

3.1. Liabilities of Canadia Bank:

3.1.1 Canadia Bank will be liable for direct and actual losses incurred to or suffered by you that are:

(a) Caused by fault or error that occurs in our banking system of the Canadia Bank, or Canadia Bank’s Payment Gateway; however, Canadia Bank is not liable for the fault or error that is known to you or advised by us or our system through message or notice on display; or
(b) The results of the fraudulent or negligent conduct of Canadia Bank’s employees.

3.1.2. Notice regarding unauthorized access: We are not deemed to have received such notice unless our designated contact has acknowledged receipt in writing/verbal via phone call.

3.1.3. You are bound by all transactions arising from instructions which we relied upon before such suspension or termination, or the processing of which we were unable to stop.

4. Representations and Warranties

You represent and warrant at all times that:

(a) All information that you provide to us in connection with Canadia Bank’s Payment Gateway (including your particulars) is complete, true and accurate;
(b) You are solvent; and legally capable of entering into and performing your obligations under these Terms and Conditions and any applicable laws; and
(c) You have satisfied all conditions and performed all actions required to be taken in order to enable you to lawfully enter into and perform your obligations under these Terms and Conditions and any applicable laws; and to ensure that those obligations are valid, legally binding and enforceable.

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