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Payment and Refund Policy

1. POLICY

1.1

This payment and refunds policy (the “Policy”) establishes the terms and conditions governing:

(i) the payments to be made to B-Bay Technologies Inc (“BankerBay”); and 

(ii) refunds in the form of credits for future matches (if any) required to be made to you, with respect to the Payment (as defined below) made by you to BankerBay, for the services provided by BankerBay. BankerBay may, from time to time, revise and amend this Policy.

2. PRICING

2.1

All prices are denominated in USD (United States Dollars) and are correct at the time of online publication. Prices are subject to change by BankerBay from time to time.

2.2

While BankerBay strives to provide accurate services and pricing information, typographical and other errors may occur. In the event that a service is listed at an incorrect price or with incorrect information due to an error in pricing or service information, BankerBay will have the right to modify the price of the relevant service and contact you for further instructions via e-mail address provided by you at the time of registration, or cancel the service and notify you of such cancellation.

3. PAYMENT GATEWAY

3.1

All payments for BankerBay’s online services will be made through an electronic and automated collection and remittance service (the “Payment Gateway”) hosted on the site through payment gateway service providers (the “ “Service Providers”).

3.2

The Payment Gateway service is provided to you in order to facilitate your purchase of BankerBay’s online services. BankerBay makes no representation of any kind, express or implied, as to the operation of the Payment Gateway. You expressly agree that your use of the Payment Gateway is entirely at your own risk.

3.3

BankerBay does not collect and store any payment and other details provided by you for transacting through the Payment Gateway.

4. TRANSACTION PROCESS AND REFUND POLICY

4.1

The procedure adopted for payments to BankerBay is as follows:

4.1.1

You will have to make a payment of the prescribed service fee in order to confirm your ‘interest’ for a deal / investment mandate provided by BankerBay. Upon the successful payment of the fee (“Payment”), a receipt containing the details of the Payment will be generated;

4.1.2

Refunds in the form of credits for future matches, only applicable in the case of matches sent by BankerBay to you based on your mandate(s) on a pay as you go basis and not applicable for deals featured on BankerBay, M&A Vault or BankerBay Subscription, will be made after the completion of 45 (forty-five) days from the date of your expression of “interest” on a deal / investment mandate provided by BankerBay ONLY in cases where your “interest” does not result in an “introduction”. For the purposes hereof, your “interest” is said to have not converted into an “introduction” if the receiver of your “interest”:

(i) does not act on your “interest”; or

(ii) rejects the “interest” (i.e. chooses not to connect with you by clicking on “not interested”).

4.1.3

Refund in the form of credit for an equivalent number of matches will be processed via BankerBay. For any assistance or queries, please e-mail finance@bankerbay.com from your registered email address.

5. LIMITATION OF LIABILITY

5.1

In no event shall BankerBay, its subsidiaries, holding companies, group companies and its affiliates be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, data or other intangible losses arising out of or in connection with the access to, use of, or reliance on the Payment Gateway services.

5.2

BankerBay assumes no liability whatsoever for any monetary or other damage suffered by you on account of:

(i)

the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Payment Gateway; or

(ii)

any interruption or errors in the operation of the Payment Gateway.

5.3

You agree, understand and confirm that personal data including without limitation details relating to debit card/credit card transmitted over the internet is susceptible to misuse, theft and/or fraud and that BankerBay has no control over such matters. BankerBay does not represent or guarantee that the use of the Payment Gateway will not result in theft and/or unauthorized use of data over the internet.

6. BANKING DETAILS

6.1

The records of BankerBay and/or the Payment Service Provider, generated by the transactions arising out of the use of BankerBay’ service, including the time the transaction is recorded, shall be conclusive proof of the genuineness and accuracy of the transaction.

6.2

The details provided by you for use of the Payment Gateway will be correct and accurate and you shall not use a debit/credit card/ net banking which is not lawfully owned by you. You further agree and undertake to provide correct and valid debit/credit card / net banking details.

6.3

In default of the above conditions, BankerBay shall be entitled to recover the amount of the transaction from you. Further, BankerBay also reserves the right to initiate any legal action for recovery of cost / penalty or any other measures, as it may deem fit.

7. GOVERNING LAW AND JURISDICTION

7.1

This Policy shall be governed by the laws of Delaware, without giving effect to the principles of conflict of law provisions thereof. Further, the courts at Delaware shall have exclusive jurisdiction for all matters related to, arising out of or in connection with this Policy.