Checkout Payments Features Terms

1. Acceptance

a. These “Checkout Payments Features Terms ” apply to your use of any payment feature we make available to you in or through Treasurechit Products to allow Users to initiate payments to you in exchange for your goods or services (together, “Payments Features”). Any payment transaction initiated by a User to you using a Payments Feature is a “Transaction”.

b. These terms form part of the Treasurechit Terms of Service and the Seller Agreement. The Payments Features are part of our “Platform” as defined in the Treasurechit Platform Terms, so the Treasurechit Platform Terms also govern your use of the Payments Features. If there is any conflict between these terms and the Terms of Service, the Seller Agreement or the Platform Terms, these terms shall govern to the extent of the conflict. Together, these terms and the terms listed above are the “Checkout Terms”.

c. Unless stated otherwise, capitalised terms shall have the meaning given to them in the Seller Agreement.

d. Please read the Checkout Terms carefully. If you do not agree to the Checkout Terms, you cannot use the Payments Features. The Checkout Terms may be updated from time to time with notice when we make a significant change or without notice when we make a minor change, and, unless otherwise stated, your continued use of the Payments Features will be deemed acceptance of such updated Checkout Terms. If you do not agree to any update to the Checkout Terms, you must stop using the Payments Features.

2. Payment Providers

a. Payments for Transactions will be processed by a third-party payment provider we have engaged (a “Payment Provider”), in accordance with their terms of service, and not by us.

b. You authorize us to access, use, and interact with a Payment Provider about the Payments Features on your behalf, including with respect to authorizations, captures, refunds, cancellations, and the execution and monitoring of activity related to the Payments Features. You also authorize us to receive data from your Payment Provider to allow us to determine chargeback rates and refund rates for all of your Transactions.

c. Except as expressly provided in the Seller Policies (as applicable), you are solely liable for any refunds issued on your behalf in connection with the Payments Features.

Payments Features

3. Treasurechit Payments

a. If you use the Treasurechit Payments, you agree to the terms of service of the Payment Providers we have selected, (together, the “Treasurechit Payments Providers”), and they will provide payment processing services to you in accordance with the terms linked in this section. When you agree to these Checkout Terms, we also accept your agreement to the terms of the Treasurechit Payments Providers on their behalf.

b. We reserve the right to add or change these Treasurechit Payments Providers from time to time. We will notify you of any new Treasurechit Payments Providers, and your continued use of the Payments Features upon receipt of such notice constitutes acceptance of such addition or change as well as your acceptance of their terms of service. You acknowledge that we may share the information you provided when you signed up for the Treasurechit Payments with any new Treasurechit Payments Provider we select, for the purpose of enabling them to provide you with payment processing services.

c. Transactions processed by a Treasurechit Payments Provider are subject to our Purchase Protection Policy and Seller Policies.

d. As well as the Selling Fee set out in Section , you will also be charged a fee of Rs. 200 per chargeback, which will be waived upon successful representment provided that you are compliant with these Checkout Terms and all applicable laws and policies. When a buyer files a chargeback, we will notify you and put a hold on your account for the transaction amount and a Rs. 200 chargeback fee until the chargeback has been resolved. You have 10 calendar days to respond to a chargeback. For more information about chargebacks and responding to them, see our Seller Policies.

4. Payment methods and fees

a. We enable you to accept various “Payment Methods”. When you agree to these Checkout Terms, where necessary, we also accept your agreement to the terms of these Payment Methods on their behalf.

b. We may add or change Payment Methods from time to time. Your continued use of the Payments Features constitutes acceptance of such addition or change, as well as your acceptance of their terms of service.

c. Payment Methods are provided by various providers, and each provider controls the terms that apply to its Payment Method. As a consequence, the terms applicable to a Payment Method are subject to change at any time, and it is your responsibility to periodically review the terms for each Payment Method in order to ensure that you are aware of, and comply with, the applicable requirements.

5. Fees

a. The following fees apply to Payments Features:

a. The above Selling Fees do not include any fees which your Payment Provider may charge separately. Please review their terms and conditions to see the fees they may charge. You understand that you are solely responsible for paying such fees.

b. Selling Fees are calculated based on the entire amount of the Transaction (including the total sale price, any shipping fees and Applicable Taxes (as defined below)).

c. Selling Fees and all other fees and Applicable Taxes which we agree or are required to collect will be deducted by your Payment Provider from the payouts they make to your linked payout account and you authorise your Payment Provider to make all such relevant deductions.

d. Selling Fees and all other fees are exclusive of any Applicable Taxes, and to the extent taxes are required to be collected or withheld, you will pay such taxes in addition to the amounts otherwise payable, but do not include any taxes that you may be responsible for paying based upon Transactions made.

e. To the extent permitted under applicable laws and regulations, all Selling Fees are non-refundable except as provided in the Seller Policies.

Other terms and conditions

6. Updates and Maintenance

1. To the extent permitted by applicable law, Treasurechit may (a) modify, update, suspend, or discontinue any aspect of the Payments Features; (b) impose limits on certain features and services; or (c) restrict your access to or use of parts or all of the Payments Features (for example, because we reasonably believe that you have violated these Checkout Terms, other Treasurechit rules or policies, applicable laws or regulations, our Purchase Protection Policy (if applicable) or our Seller Policies (if applicable), or to prevent financial loss to a User, Treasurechit, a Payment Provider, or any other third party), in each case at any time and without liability or other obligation to you.
2. Treasurechit shall use reasonable commercial efforts to ensure that the Payments Features are available and functional. However, Treasurechit is not obligated to provide any maintenance, technical support, or other support for the Payments Features. Treasurechit makes no guarantees to you in relation to the availability or uptime of the Payments Features.

7. Use Restrictions

In connection with the Payments Features, you must not (and must not enable or permit others to):

• modify the Payments Features;
• create any application or system that circumvents the Checkout Terms or Treasurechit’s rules and policies;
• provide false or misleading information;
• refuse to cooperate with any Treasurechit investigations;
• interfere with the security, functionality, or user experience of any Payments Feature;
• conduct business in a manner that leads to upheld complaints; or
• use any Payments Features other than to receive payments from Users in exchange for goods or services.

8. Customers and Transactions

a. All sales and Transactions are between you and a User, as your customer. You must provide goods or services as you described, in exchange for payment from the User.

b. Any Transaction may be refunded or cancelled if we reasonably believe (a) it violates these Checkout Terms, applicable laws or regulations, our Purchase Protection Policy (if applicable), our Seller Policies (if applicable) or (b) that cancellation may prevent financial loss to a User, Treasurechit, a Payment Provider, or any other third party. For these reasons, we may also, as permitted by applicable laws and regulations: delay (or advise your Payment Provider to delay) your receipt of a payment for a certain period of time, limit the Payment Methods you may accept for a Transaction or limit your ability to make a sale.

c. You will not add any surcharge to the cost of your goods or services that is specific to your use of the Payments Features.

9. Claims
You will notify us immediately if you become aware of any actual or potential claim, cause of action, investigation, proceeding, or dispute that could affect your ability to fully comply with these Checkout Terms or which otherwise relates to your rights to use the Payments Features.

10. Disclaimers
In addition to terms and policies referenced in Section 1, you agree and acknowledge that with respect to Transactions between you and your customers:

• the sale is between you and your customer and Treasurechit is not a party;
• you will be responsible for investigating and resolving disputes (including returns and refunds of any goods or services purchased);
• we are not and will not be responsible for (i) any aspect of the goods or services you sell, (ii) the acts or omissions of your customers, or (iii) the acts or omissions of your Payment Provider, including any failure or refusal by them to process a Transaction; and
• we will not be liable for any unauthorized or failed Transactions. Our enablement of a Transaction does not mean that your customer has sufficient funds, or that the Transaction will be authorized or processed.

11. Taxes

a. You are the seller of record for the goods or services you provide through use of our Platform and agree to comply with all applicable tax laws and ordinances. Except as otherwise provided within these Checkout Terms, you are solely responsible for all determinations, calculations, collections, withholdings, reporting, and remittance of applicable taxes, including but not limited to sales and use tax, goods and services tax, value-added tax, and other similar taxes (“Applicable Taxes”), duties, fees, surcharges and additional charges for sales (“Other Fees”) that result from your use of the Payments Features.

b. We will collect and remit Applicable Taxes arising from marketplace facilitator and/or platform operator laws (“Marketplace Provider Laws”), in jurisdictions that impose the collection and remittance obligation on Treasurechit (“Marketplace Provider Jurisdictions”). We will provide a list of product tax codes that map to our tax engine software (“Product Tax Categories”), use those Product Tax Categories to automatically calculate, collect, and remit Applicable Taxes to the Marketplace Provider Jurisdictions on your behalf and in accordance with applicable law. 

c. You agree to accurately characterize and assign Product Tax Categories (“Tax Characterization”) for each good or service for Transactions covered by these Checkout Terms and timely maintain any updates to the Tax Characterization of your goods or services. Your Tax Characterization is deemed effective upon posting to the Platform. For the purpose of calculating Applicable Taxes, you agree that title to your goods purchased by Users as your customer, will pass directly from you to the User at the point of delivery. For sales shipped or delivered to Marketplace Provider Jurisdictions, we will use the point of delivery location or “ship-to” to calculate Applicable Taxes where applicable under law. We mutually agree to cooperate upon contact from a taxing authority. If information is required to satisfy a request from a taxing authority, either party can submit a written notice requesting the information from the other party (“Information Request”). Both parties agree to respond to an Information Request within thirty days or a reasonable period detailed within the scope of the Information Request. If you are contacted by a taxing authority for sales and use taxes related to your use of our Platform, you agree to notify Treasurechit within 30 days of receipt of such notice.

d. The following terms apply to any tool we provide that allows you to calculate Applicable Taxes (“Tax Calculation Tool”).

• Except for Applicable Taxes collected and remitted by Treasurechit pursuant to Section 11(b) of these Checkout Terms, we provide no representation, warranty, guarantee, or advice, and we disclaim any responsibility to verify, the following: (a) the accuracy of the tax rules or methodology in the Tax Calculation Tool, (b) the application of taxes to your goods or of the tax jurisdiction assignment functionality tax rates of Applicable Taxes, and (c) whether or not the amounts we collect on your behalf satisfy your obligations to collect Applicable Taxes. You are responsible for determining the correct Tax Calculation Tool settings, including but not limited to your obligation to collect Applicable Taxes, product tax code assignments, and all related information for your goods or services. The calculation of Applicable Taxes is based on your Tax Calculation Tool settings and information you provide to Treasurechit.
• Except for sales shipped or delivered to Marketplace Provider Jurisdictions, any Applicable Taxes collected using the Tax Calculation Tool will be remitted to you.
• The Tax Calculation Tool is limited to the calculation of Applicable Taxes and does not calculate or collect any product-based excise taxes or any fees or surcharges. The Tax Calculation Tool calculates tax based on the entire amount of the Transaction (including sale price, shipping fees and any other charges subject to tax).

e. You must maintain documentation of all relevant tax information, including records of paying all Applicable Taxes to the appropriate tax authorities. You represent that the tax registration number and all other information you provide to us are accurate and current, and you will immediately update any such information in the event of changes. We reserve the right to confirm the validity of your seller account information (including your tax registration number) and request additional information from you or government authorities as permitted by law. You agree to provide information to us upon request within the time period prescribed.

f. Except for Applicable Taxes collected and remitted by Treasurechit pursuant to Section 11(b) of these Checkout Terms, you agree that we are not obligated to determine whether Applicable Taxes and Other Fees apply, and we are not responsible to collect, report, or remit any taxes arising from any Transaction.

g. You agree to defend, indemnify, and hold Treasurechit harmless from any and all claims, liabilities, penalties and interest, losses, fines, costs and expenses, including reasonable attorneys’ fees, arising out of or related to Applicable Taxes and Other Fees that may result from the use of our Platform (“Tax Liabilities”) from the sale of your goods or services.

h. With respect to Applicable Taxes collected in Marketplace Provider Jurisdictions, you agree to indemnify and hold Treasurechit harmless for Tax Liabilities that result from your failure to assign or maintain the correct Tax Characterization or any other Tax Liabilities that result from your failure to provide timely, accurate and complete information required to satisfy our obligation under Section 11(b) of these Checkout Terms.

i. You agree that no class action lawsuits may be brought against Treasurechit by you or on behalf of Users, as your customer, arising from or in any way related to the overpayment of Applicable Taxes collected by Treasurechit on your behalf, pursuant to these Checkout Terms, regardless of whether such action is characterized as a refund claim, notwithstanding your and your customer’s right to seek a refund directly from the relevant taxing jurisdiction.

12. Marketing and promotions

a. You agree that we may offer to fund promotions, discounts or other incentives (“Incentives”) directly to Users, in accordance with the Seller Agreement. You acknowledge that our provision of Incentives does not alter your obligations (including to your customers) under these Checkout Terms. You remain solely responsible for all Applicable Taxes on any payments to you that involve Incentives.

b. Any refunds of Transactions involving Incentives will be allocated between Treasurechit and the applicable User on a pro-rata basis.

17.Use of Information
You will use data that you obtain from Treasurechit in connection with your use of the Payments Features only as permitted by the Seller Agreement.

13. Termination

a. You may stop using the Payments Features at any time with or without notifying us.

b. To the extent permitted by applicable law, Treasurechit may terminate these Checkout Terms for any reason (for example, because we reasonably believe that you have violated these Checkout Terms, other Treasurechit rules or policies, applicable laws or regulations, our Purchase Protection Policy (if applicable) or our Seller Policies (if applicable), or to prevent financial loss to a User, Treasurechit, a Payment Provider, or any other third party) and at any time without liability or other obligation to you.

c. Upon termination of these Checkout Terms, you will immediately cease all use of the Payments Features, including use of any data you have received in relation to the Payments Features.

d.Sections 3(d), 12, 14 and 16 will survive any termination of these Checkout Terms, as well as any other terms and provisions which by their nature are intended to survive any termination of these Checkout Terms.