TERMS OF SERVICE AGREEMENT

LAST REVISION: 2020-11-16

PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING PRODUCTS/SERVICES OR BY USING ANY OF THE SOFTWARE PRODUCTS DEVELOPED BY THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

This Terms of Service Agreement (the "Agreement") governs your use of this website, www.fasretpay.com (the "Website"), FasRetPay.com ("Business Name") offer of products/services for purchase on this Website, or your purchase of products/servicesavailable on this Website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. FasRetPay.com reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website.  FasRetPay.com will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. FasRetPay.com encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with FasRetPay.com for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website. If you would like to print this Agreement, please click the print button on your browser toolbar.

I. PRODUCTS AND SERVICES

Terms of Offer. This Website offers for sale certain products (the "Products") and services ( the Service) . By placing an order for Products or Services through this Website, you agree to the terms set forth in this Agreement.

Customer Solicitation: Unless you notify our third party call center reps or direct  FasRetPay.com sales reps, while they are calling you, of your desire to opt out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and call solicitations KitKayPay.com and its designated in house or third party call team(s).  

Opt Out Procedure: We provide 3 easy ways to opt out of from future solicitations. 1. You may use the opt out link found in any email solicitation that you may receive. 2. You may also choose to opt out, via sending your email address to: unsubscribe@fasretpay.com

3. You may send a written remove request to

FasRetPay.com ,

Proprietary Rights. FasRetPay.com has proprietary rights and trade secrets in the
Products/Services. You may not copy, reproduce, resell or redistribute any Product manufactured
and/or distributed by FasRetPay.com FasRetPay.com also has rights to all trademarks and trade dress
and specific layouts of this webpage, including calls to action, text placement, images and other
information.

Sales/Service Tax. If you purchase any Products/Service, you will be responsible for paying any
applicable sales/service tax.

II. WEBSITE

Content; Intellectual Property; Third Party Links. In addition to making Products/Services  
available, this Website also offers information and marketing materials. This Website also offers
information, both directly and through indirect links to third-party websites. FasRetPay.com does
not always create the information offered on this Website; instead the information is often
gathered from other sources. To the extent that FasRetpay.com does create the content on this
Website, such content is protected by intellectual property laws of the India, foreign nations, and
international bodies. Unauthorized use of the material may violate copyright, trademark, and/or
other laws. You acknowledge that your use of the content on this Website is for personal,
noncommercial use. Any links to third-party websites are provided solely as a convenience to you.
FasRetPay.com does not endorse the contents on any such third-party websites. FasRetPay.com is not
responsible for the content of or any damage that may result from your access to or reliance on
these third-party websites. If you link to third-party websites, you do so at your own risk.

Use of Website; FasRetPay.com is not responsible for any damages resulting from use of this website
by anyone. You will not use the Website for illegal purposes. You will (1) abide by all applicable
local, state, national, and international laws and regulations in your use of the Website
(including laws regarding intellectual property), (2) not interfere with or disrupt the use and
enjoyment of the Website by other users, (3) not resell material on the Website, (4) not engage,
directly or indirectly, in transmission of "spam", chain letters, junk mail or any other type of
unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Website

License. By using this Website, you are granted a limited, non-exclusive, non-transferable right to
use the content and materials on the Website in connection with your normal, noncommercial, use of
the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such
content or information without express written authorization from FasRetPay.com or the applicable
third party (if third party content is at issue).

Posting. By posting, storing, or transmitting any content on the Website, you hereby grant
FasRetPay.com a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to
use, copy, display, perform, create derivative works from, distribute, have distributed, transmit
and assign such content in any form, in all media now known or hereinafter created, anywhere in the
world.  FasRetPay.com does not have the ability to control the nature of the user-generated content
offered through the Website. You are solely responsible for your interactions with other users of
the Website and any content you post.  FasRetPay.com is not liable for any damage or harm resulting
from any posts by or interactions between users.FasRetPay.com reserves the right, but has no
obligation, to monitor interactions between and among users of the Website and to remove any
content FasRetPay.com deems objectionable, in FasRetPay.com 's sole discretion.

III. DISCLAIMER OF WARRANTIES

YOUR USE OF THIS WEBSITE AND/OR PRODUCTS ARE AT YOUR SOLE RISK. THE WEBSITE AND PRODUCTS ARE
OFFERED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FasRetPay.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF
ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE PRODUCTS
OR WEBSITE CONTENT, OR ANY RELIANCE UPON OR USE OF THE WEBSITE CONTENT OR PRODUCTS. ("PRODUCTS"
INCLUDE TRIAL PRODUCTS.)

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FasRetPay.com  MAKES NO WARRANTY:

THAT THE INFORMATION PROVIDED ON THIS WEBSITE IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.

THAT THE LINKS TO THIRD-PARTY WEBSITES ARE TO INFORMATION THAT IS ACCURATE, RELIABLE, COMPLETE, OR
TIMELY.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS WEBSITE WILL CREATE
ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR THAT DEFECTS IN PRODUCTS
WILL BE CORRECTED.

REGARDING ANY PRODUCTS PURCHASED OR OBTAINED THROUGH THE WEBSITE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE
EXCLUSIONS MAY NOT APPLY TO YOU.

IV. LIMITATION OF LIABILITY

FasRetPay.com ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHWERWISE, WITH
RESPECT TO THE WEBSITE CONTENT AND PRODUCTS/SERVICES AND/OR FOR ANY BREACH OF THIS AGREEMENT IS
SOLELY LIMITED TO THE AMOUNT YOU PAID, LESS SHIPPING AND HANDLING, FOR PRODUCTS PURCHASED VIA THE
WEBSITE.

FasRetPay.com WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCTS IN ANY MANNER, INCLUDING LIABILITIES
RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE WEBSITE CONTENT OR PRODUCTS; (2) THE COST OF
PROCURING SUBSTITUTE PRODUCTS OR CONTENT; (3) ANY PRODUCTS PURCHASED OR OBTAINED OR TRANSACTIONS
ENTERED INTO THROUGH THE WEBSITE; OR (4) ANY LOST PROFITS YOU ALLEGE.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

V. INDEMNIFICATION

You will release, indemnify, defend and hold harmless FasRetPay.com, and any of its contractors,
agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities,
claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third
parties relating to or arising out of (1) this Agreement or the breach of your warranties,
representations and obligations under this Agreement; (2) the Website content or your use of the
Website content; (3) the Products or your use of the Products (including Trial Products); (4) any
intellectual property or other proprietary right of any person or entity; (5) your violation of any
provision of this Agreement; or (6) any information or data you supplied to FasRetPay.com. When
FasRetPay.com is threatened with suit or sued by a third party, FasRetPay.com may seek written
assurances from you concerning your promise to indemnify FasRetPay.com; your failure to provide
such assurances may be considered by FasRetPay.com to be a material breach of this Agreement.
FasRetPay.com will have the right to participate in any defense by you of a third-party claim
related to your use of any of the Website content or Products, with counsel of FasRetPay.com choice
at its expense.FasRetPay.com will reasonably cooperate in any defense by you of a third-party claim
at your request and expense. You will have sole responsibility to defend FasRetPay.com against any
claim, but you must receive FasRetPay.com prior written consent regarding any related settlement.
The terms of this provision will survive any termination or cancellation of this Agreement or your
use of the Website or Products.

VI. PRIVACY

FasRetPay.com believes strongly in protecting user privacy and providing you with notice of
SmartCGHS's use of data. Please refer to FasRetPay.com privacy policy, incorporated by reference
herein, that is posted on the Website.

VI. AGREEMENT TO BE BOUND

By using this Website or ordering Products, you acknowledge that you have read and agree to be
bound by this Agreement and all terms and conditions on this Website.

VIII. GENERAL

Force Majeure. FasRetPay.com will not be deemed in default hereunder or held responsible for any
cessation, interruption or delay in the performance of its obligations hereunder due to earthquake,
flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike,
lockout, or boycott.

Cessation of Operation. FasRetPay.com may at any time, in its sole discretion and without advance
notice to you, cease operation of the Website and distribution of the Products.

Entire Agreement. This Agreement comprises the entire agreement between you and FasRetPay.com and
supersedes any prior agreements pertaining to the subject matter contained herein.

Effect of Waiver. The failure of FasRetPay.com to exercise or enforce any right or provision of
this Agreement will not constitute a waiver of such right or provision. If any provision of this
Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless
agree that the court should endeavor to give effect to the parties' intentions as reflected in the
provision, and the other provisions of this Agreement remain in full force and effect.

Governing Law; Jurisdiction. This Website originates from the, New Delhi , Delhi , This Agreement
will be governed by the laws of the State of Delhi  without regard to its conflict of law
principles to the contrary. Neither you nor FasRetPay.com will commence or prosecute any suit,
proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or
default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in
courts located in  Delhi By using this Website or ordering Products, you consent to the jurisdiction
and venue of such courts in connection with any action, suit, proceeding or claim arising under or
by reason of this Agreement. You hereby waive any right to trial by jury arising out of this
Agreement and any related documents.

Statute of Limitation. You agree that regardless of any statute or law to the contrary, any claim
or cause of action arising out of or related to use of the Website or Products or this Agreement
must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Waiver of Class Action Rights. BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY
RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR
PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST
BE ASSERTED INDIVIDUALLY.

Termination. FasRetPay.com reserves the right to terminate your access to the Website if it
reasonably believes, in its sole discretion, that you have breached any of the terms and conditions
of this Agreement. Following termination, you will not be permitted to use the Website and
FasRetPay.com may, in its sole discretion and without advance notice to you, cancel any outstanding
orders for Products. If your access to the Website is terminated, FasRetPay.com reserves the right
to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This
Agreement will survive indefinitely unless and until FasRetPay.com chooses, in its sole discretion
and without advance to you, to terminate it.

Domestic Use. FasRetPay.com makes no representation that the Website or Products are appropriate or
available for use in locations outside India. Users who access the Website from outside India do so
at their own risk and initiative and must bear all responsibility for compliance with any
applicable local laws.
Assignment. You may not assign your rights and obligations under this Agreement to anyone.
FasRetPay.com may assign its rights and obligations under this Agreement in its sole discretion and
without advance notice to you.

BY USING THIS WEBSITE OR ORDERING PRODUCTS/SERVICES FROM THIS WEBSITE YOU AGREE  TO BE BOUND BY ALL
OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.