We may modify these Terms or any other terms at any time by posting a revised version of the same at www.digitalbharatpay.in on our website ("Website"), and the amended version of these Terms shall become automatically binding on you if you continue to avail the Services. The amended terms will be applicable even if not accepted by you separately. These Terms & Conditions were updated on March 2021. You shall have the responsibility to review these Terms on a regular basis. If you do not wish to be bound by the updated Terms, we request you to stop accessing the platform and the Services and to reach out to us to deactivate your User Account. Throughout this document, we use the terms "we" and "our" to refer to Digital Bharat Pay and the terms "you" and "your" to refer to you, the User of the Platform. Both Digital Bharat Pay and the User are collectively referred to as "Parties" and singularly referred to as "Party".
If you are into a separate written agreement with the Digital Bharat Pay, for any of its services these Terms shall be deemed to be incorporated into that agreement, whether it is specifically called out or not. When you access or use our Website and/or the Services, these Terms shall apply and shall be legally binding on you and to your access and use of the same even if not accepted by you separately.
Digital Bharat Pay's services are available to anyone having a valid Indian mobile phone number and an e-mail address. Users below the age of 18 years ("Minor(s)") can use the Platform only with the permission and under the supervision of their legally appointed guardian ("Guardian"). Users who have been previously suspended or removed from availing any service by Digital Bharat Pay shall not be eligible to avail services from Digital Bharat Pay. Users shall not impersonate any person or entity, or falsely state or otherwise misrepresent identity, age or affiliation with any person or entity.
"Applicable Law" includes all applicable Indian statutes, enactments, acts of the state legislature or parliament, laws, ordinances, rules, bye-laws, regulations, notifications, guidelines, directions, directives and orders of any governmental authority, statutory authority, board, recognized stock exchange, as may be applicable including but not limited to Guidelines on Managing Risks and Code of Conduct in Outsourcing of Financial Services by Banks, Business Correspondent Guidelines issued by RBI from time to time, Payment & Settlement Systems Act, 2007, Aadhaar (Authentication) Regulations, 2016, Aadhaar (Data Security) Regulations, 2016, Aadhaar (Sharing of Information) Regulations, 2016 issued by UIDAI and rules made thereunder, Policy Guidelines on Issuance and operation of Pre-paid Payment Instruments in India.
"Chargeback" shall mean and include reversal of any transaction made by Service Provider's User inter alia, on account of, including but not limited to:
any alleged forgery of User's account, card or other details;
any charge/debit made on account or card that has been listed as a hot listed card or otherwise listed on the card association warning bulletins;
duplicate processing of the transaction;
any amount required to be refunded due to, denial of transaction by the User / valid card holder as wrongly charged payment / extra payments and/or due to the fraudulent use / misuse of the personal and financial information of the Service Provider's User by any unauthorized person and / or any other reason as required / approved by the concerned banks, as the case may be.
"Credit" shall mean the payment made by the User to the Company to carry out transactions through the Digital Bharat Pay platform.
"Effective Date or Registration date" shall mean the date of registration of account of the User on Digital Bharat Pay's platform.
"KYC" or "Know Your Customer" shall mean the process prescribed under the Applicable Law to collect and authenticate the User's personal or business identification details before offering the Services to the User.
"Services" shall mean the services provided by Digital Bharat Pay and various Service Providers to the Users utilizing the Digital Bharat Pay Platform including but not limited to banking services, non-banking services and other such services.
"Service Provider" shall mean any banking and/or non-banking entity with which InstantPay has, directly or indirectly, executed an agreement for facilitating Transactions between such entity and its Customers.
"Users" shall mean and include individuals or corporate entities who are accessing & availing Digital Bharat Pay services through Digital Bharat Pay platform either directly or indirectly.
1. GENERAL TERMS AND CONDITIONS
These General Terms and Conditions govern the User's access to the Services provided by Digital Bharat Pay:
INFORMATION SUPPLIED TO Digital Bharat Pay. Users agree that the information provided by the Users to Digital Bharat Pay on registration and at all other times, including payment, is true, accurate, current, and complete.
SECURITY OF ACCOUNT. Users' mobile number and email identifies a Users' account with Digital Bharat Pay through which Digital Bharat Pay services are dispensed ("Account"). Digital Bharat Pay encourages Users to choose a strong password to protect their Account. It is advised that Users do not share their password with anyone or write it down. Neither Digital Bharat Pay nor its Service Providers, under any circumstances, will ever ask for a User's Account password or any other confidential information. If a User has any reason to believe that his Account is no longer secure, then the User shall immediately change the Account password and indemnify Digital Bharat Pay from any liabilities that may arise from the misuse of such User's Account.
RECLAIMING INACTIVE ACCOUNTS. If an Account is found to be overly inactive, the Account may be reclaimed by Digital Bharat Pay without providing notice to the concerned User. An Account is considered as inactive if the concerned User is not signing in and/or has not done any transactions for more than 6 consecutive months.
THIRD PARTY SITES, PRODUCTS AND SERVICES. Digital Bharat Pay's services and/or the Site may include links or references to other web sites or services solely for the Users' convenience ("Reference Sites"). Digital Bharat Pay does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. Correspondence or business dealings between Users and concerned Reference Sites are solely between such User and the concerned Reference Site. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at the concerned User's own risk.
COMMUNICATION POLICY. The User hereby accepts that:
Digital Bharat Pay may send transactional or non-transactional business communication in the form of SMS or Email or Push notifications as part of its efforts to fulfil the User's request or service your account. A User may continue to receive all such communication from Digital Bharat Pay even after opting out of marketing communications.
Digital Bharat Pay will make the best efforts to provide notifications and it shall be deemed that the User shall have received the information sent from the Company during the course of, or in relation to, using the Digital Bharat Pay Platform or availing any Services. Digital Bharat Pay shall not be under any obligation to confirm the authenticity of the person(s) receiving the alert. The User cannot hold the Company liable for non-availability of any notification service in any manner whatsoever.
If Digital Bharat Pay is intimated, by the bank, that a Customer has reported an unauthorized debit/chargeback of the Customer's Payment Instrument ("Fraudulent Transaction"), User shall be notified by the Digital Bharat Pay. The User shall be entitled to furnish documents and information pertaining to the Transaction associated with the Chargeback within five (5) days (or such other period specified by the bank). The User agrees and acknowledges that (i) if the User is unable to furnish Chargeback Documents (ii) the bank is not satisfied with the Chargeback documents furnished by the User, then the bank shall be entitled to order the Digital Bharat Pay to effect a reversal of the debit of the Chargeback Amount associated with the Chargeback such that the said chargeback amount is credited to the Customer's Payment Instrument. Digital Bharat Pay shall also be entitled to suspend the settlement of the amount under dispute or hold the value of transaction under dispute from the following settlement of the transaction during the pendency of inquiries, investigations and resolution thereof by the Service Providers to the User.
Pursuant to clause 1.8 (i) above, if the amount in respect of the Fraudulent Transaction has already been settled to the User, any dispute arising in relation to the said Fraudulent Transaction, shall be resolved in accordance with the RBI's notifications, circulars and guidelines issued in this regard from time to time.
The User also agrees and acknowledges that it is liable to pay fines, penalties and charges imposed by the Banks, card payment networks or any regulatory authority on account of Transactions that are in violation of Applicable Law.
The User further agrees and acknowledges that following Digital Bharat Pay incurring the charge stipulated in clause 1.8(iii), if the available Transaction Amounts are insufficient for deduction of the Chargeback Amount, then Digital Bharat Pay is entitled to issue a debit note seeking reimbursement of the Chargeback Amount from the User. The User shall reimburse the Chargeback Amount within three (3) working days of receipt of the debit note.
The Parties hereto agree that any payment instructions for Transactions accepted by the User as per the terms hereof which are subsequently disputed due to (a) the authorization by the User of any Transaction with an amount exceeding the User's account balance or credit limit, or (b) the authorization by the User of a fraudulent Transaction, shall always be the liability and responsibility of User.
The User hereby acknowledges and agrees that Digital Bharat Pay is a facilitator for payment processing services which are requested and authorized by Users and Digital Bharat Pay shall not be responsible for any unauthorized transaction done by any person including third party and amounting to infringement of another's rights or any chargebacks claimed by the Customers. It will be the responsibility of Users to ensure due protection while transacting online or otherwise. Digital Bharat Pay will assist the Users in settling any queries related to the Services that arise between the Users, and its Customers. However, Digital Bharat Pay shall bear no responsibility with respect to the dispute or query related to payment made by the Customers to the Users.
SECURITY OF YOUR ACCOUNT.
The User confirms and certifies that it shall not engage in any act that violate any laws and regulations. It shall also ensure that the financial data or any other information of the Customers received by the User are stored in a system only in India. This data shall include full end to end transaction details/information collected/carried/processed as part of the message/payment instructions.
USER'S REPRESENTATIONS AND WARRANTIES. The User represents and warrants that:
it shall be responsible to obtain any and all consents and approvals that are required from regulatory or governmental authorities, including any consent from Customers required to transfer data to the User and/or the Digital Bharat Pay Platform, as the case may be, in accordance with Applicable Law,
All costs associated with purchasing of software licenses and hardware (if any) are to be absolutely and unconditionally borne by the User,
it shall not access (or attempt to access) the website and the Products by any means other than through the interface that is provided by Digital Bharat Pay. It shall not use any deep-link, page scrape, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Digital Bharat Pay Platform, or in any way reproduce or circumvent the navigational structure or presentation of the platform, without Digital Bharat Pay's express prior written consent.
it shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password "mining" or any other illegitimate means.
INDEMNIFICATION. (A) User agrees to indemnify, save, and hold Digital Bharat Pay, its affiliates, contractors, employees, officers, directors, agents and its third-party suppliers, licensors, and partners harmless from any and all claims, demands, actions, suits which may be threatened or brought against Digital Bharat Pay, and also against all losses, damages, liabilities, costs, charges and expenses, including without limitation, legal fees and expenses arising out of or related to:
Users' use or misuse of Digital Bharat Pay's services or of the Site/application,
any claim or legal notice or quasi-legal proceedings to which Digital Bharat Pay may be required to become party or to which Digital Bharat Pay may be subjected by any person including any governmental authority, by reason of breach of any Applicable Law,
due to failure of a User to obtain any required statutory or regulatory approval necessary for the performance of its obligations in the Applicable Agreement with Digital Bharat Pay,
all liability, claims, damages, costs, expenses suffered or incurred by Digital Bharat Pay as a result of any act or violation by User under Section 269ST of the Income Tax Act, 1961 while acting as collection agent of the Company
Digital Bharat Pay reserves the right, at User's expense, to assume the exclusive defense and control of any matter, including rights to settle, for which concerned User is required to indemnify Digital Bharat Pay. The User agrees to cooperate with Digital Bharat Pay's defense and settlement of these claims. Digital Bharat Pay will use reasonable efforts to notify concerned the User of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it.
DISCLAIMER To the fullest extent permissible pursuant to Applicable Law, Digital Bharat Pay and its officers, directors, employees, and agents disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by a User from Digital Bharat Pay or through Digital Bharat Pay's services or the Site will create any warranty not expressly stated herein. Digital Bharat Pay does not authorize anyone to make any warranty on its behalf and Users should not rely on any such statement. Users acknowledge that Digital Bharat Pay is a reseller and is not liable for any third-party seller's obligations. It is User's responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, merchandise and other information provided through the Site or on the internet generally. Digital Bharat Pay does not warrant that its services will be uninterrupted, or free of errors, viruses or other harmful components, and that any of the foregoing defects will be corrected. Digital Bharat Pay's services and the Site and any data, information, third party software, Reference Sites, or Software made available in conjunction with or through its services and the Site are provided on an "as is" and "as available", "with all faults" basis and without warranties or representations of any kind either express or implied. Digital Bharat Pay and its third-party suppliers, licensors, and partners do not warrant or make any representations regarding the use or the results of the use of Digital Bharat Pay's services, the Site or any Reference Sites in terms of correctness, accuracy, reliability, or otherwise.
Digital Bharat Pay's services and the Site are owned and operated by Digital Bharat Pay and/or third-party licensors. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of Digital Bharat Pay's services and the Site provided by Digital Bharat Pay (the "Materials") are protected by Applicable Law. As between User and Digital Bharat Pay, all Materials and Digital Bharat Pay's Intellectual Property are the property of Digital Bharat Pay and/or third-party licensors or suppliers. User agrees not to remove, obscure, or alter Digital Bharat Pay or any third party's copyright, patent, trademark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through Digital Bharat Pay's services. Except as expressly authorized by Digital Bharat Pay, the User agrees not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials or Digital Bharat Pay's Intellectual Property. Parties do not accrue any rights or interest in the other Party's Intellectual Property and use of any Intellectual Property by either User or Digital Bharat Pay shall be strictly in for the fulfillment of and in compliance with the terms of the agreement between such User and Digital Bharat Pay. Parties undertake that they shall not, nor will they allow others to, reverse engineer or disassemble any parts of the other's Intellectual Property. If Users' have comments regarding Digital Bharat Pay's services and the Site or ideas on how to improve it, please contact our Helpdesk. Please note that by doing so, concerned User hereby irrevocably assign to Digital Bharat Pay, and shall assign to Digital Bharat Pay, all right, title and interest in and to all ideas and suggestions and any and all worldwide intellectual property rights associated therewith. The concerned User agrees to perform such acts and execute such documents as may be reasonably necessary to perfect the foregoing rights.
The User undertakes that:
they shall use the Intellectual Property solely for discharge of their duties under the Applicable Agreement,
they shall use Intellectual Property of other party only in the form and manner stipulated by such other party,
they shall seek prior written consent from other party for use of such party's Intellectual Property which is not previously provided for by such Party,
they shall bring to other party's notice all cases concerning such party's Intellectual Property's (a) infringement, (b) passing off, (c) registration, or (d) attempted registration,
they shall render to other party all assistance in connection with any matter pertaining to the protection of such party's Intellectual Property whether in courts, before administrative agencies, or otherwise,
they shall refrain from taking any action which shall or may impair other party's right, title or interest in the Intellectual Property, or create any right, title or interest therein or thereto, adverse to that of the other party,
they shall not use or permit to be used the Intellectual Property by any unauthorized person, and
they shall not misuse the Intellectual Property or use it together with any other mark or marks.
The User shall keep Confidential Information as confidential. The User confirms that it shall protect Confidential Information with such security, confidentiality and degree of utmost care as it would prudently apply to its own confidential information and use it solely in connection with the transaction to which the Confidential Information relates. The User acknowledges and agrees that it is aware of the sensitivity & secrecy involved in keeping the customer data/information and transaction records and shall ensure that neither the User nor their employees, directors etc. will do any act to violate the same. Notwithstanding anything contained in this Clause 1.15, Confidential Information shall exclude any information:
which is already in the possession of the receiving Party and not subject to any other duty of confidentiality,
Information that becomes legally available to the receiving Party and/or its affiliates or professional advisors on a non-confidential basis from any third party, the disclosure of which does not, to the knowledge of that Party, violate any contractual or legal obligation which such third party has to the other Party with respect to such information, and
Information that is independently acquired or developed by the receiving Party and/or its affiliates or professional advisors.
The User hereby agrees that it shall not disclose any Confidential Information received by it without the prior written consent of the Company to any third party at any time. Provided however, that either Party may make the following disclosures for which no consent shall be required from the other Party:
Disclosures to its directors, officers, employees, affiliates/subsidiaries/group/holding companies, third party service providers and any employees thereof that it reasonable determines need to receive the Confidential Information;
Disclosures to its legal and other professional advisers, instructed by it that it reasonably determines need to receive the Confidential Information; or
Disclosures to any person to whom it is required by law or any applicable regulatory, supervisory, judicial or governmental order, to disclose such information, or at the request of any regulatory or supervisory or judicial or government authority.
NOTICE. Digital Bharat Pay may provide Users with notices and communications by email, regular mail, or posts on the Digital Bharat Pay website, www.digitalbharatpay.in or by any other reasonable means. Except as otherwise set forth herein, notice to Digital Bharat Pay must be sent by courier or registered post to the Legal Department, Digital Bharat Pay India Limited, Plot No-203, Hari Nagar Part-2 Badarpur New Delhi-110044, India.
GRIEVANCE REDRESSAL: Any complaint, dispute, grievance can be addressed to Digital Bharat Pay through its Customer Service in accordance with its Grievance Policy.
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