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© HDFC Bank Ltd. All rights reserved.
© HDFC Bank Ltd. All rights reserved.
This terms and conditions (Agreement) is a contract between you and PayZapp
Payment Services Limited () and applies to your use of the PayZapp Services.
By registering for the PayZapp Services, you must read, agree with and accept all
of the terms and conditions contained in this Agreement. You agree that any use
by you of the Services shall constitute your acceptance of the Agreement.
Introduction
has developed a new service delivery provision titled “PayZapp”TM
(hereinafter referred to as “PayZapp”/ “PayZapp Service”
or “PayZapp Programme”) wherein it had applied for the Trade Mark in
various classes with the Trade Mark Registry.
To begin with, PayZapp will deliver a new service from in partnership
with Bank and Card networks and allied card and other payment schemes, that enables
an individual to send money directly from his bank account or card account/wallet
through an authorised payment mode to another person's bank or card account/wallet
quickly and securely.
This allows enabling the following innovative service offering to individuals, namely:
“PayZapp” in partnership with Bank and network scheme shall enable an
individual to send money directly from his bank account or card account/wallet through
an authorised payment mode to another person's bank or card account/wallet quickly
and securely.
in partnership with network scheme providers and the Bank will offer
Bill Payments, Personal Payments and merchant payment services to Bank's own customer
base as well as that of other banks allowing Bank to capture these transactions
as a sponsor bank in this relationship.
PayZapp will be offered in the market via Application service provider (ASP) arrangements
through multiple delivery channels.
Acceptance
By accepting this Agreement and by using Services, you agree to all the terms, conditions
and notices contained in this Agreement and accept responsibility for your use of
Services. Please read this Agreement carefully before accepting. We may amend these
terms, and modify or cancel services and features we offer, from time to time without
notice, except as may be required by law.
Any Account accessed through this service may be subject to Know Your Customer guideline
and Disclosure, which you should review carefully, as it may include transaction
limitations and fees which might apply to your use of services.
relationship with You
is only a Payment Service Provider offering PayZapp as a service. PayZapp helps
you make payments to and accept payments from third parties (p2p) and pay bills.
is an independent contractor for all purposes. does not have control of,
or liability for, the products or services that are paid for with this service.
does not guarantee the identity of any recipient or ensure that a recipient
will complete a transaction.
Sending Money via PayZapp
Transfer Limits - PayZapp Services are subject to both daily and periodic transfer
limits.
may, at its discretion and as per the regulations from time to time impose
limits on the amount of money you can send through the services in addition to any
limits set by Banks or financial institutions.
Transfers - When a transfer is made, the funds are immediately debited from your
account for transfer and credited to Nodal a/c to provide funds to the recipient
following the fund settlement process of the banks and card settlement networks.
You agree that such requests constitute your authorization to us to make the transfers.
Once you have provided your authorization for the transfer, you may not be able
to cancel the electronic transfer.
Refused and Refunded Transactions - When you send money, the recipient is not required
to accept it. You agree that you will not hold liable for any damages resulting
from a recipient's decision not to accept a payment made through the service. If
a payment is unclaimed, denied or refunded for any reason, we will return the money
to your Account within 30 Days of the date you initiate payment.
Transaction History
You may view your transaction history by logging into your PayZapp login account
and looking at your Account History.
Duplicate accounts
/PayZapp may refuse creating duplicate accounts for the same user due to security
and client identification requirements. reserves the right to refuse the creation
of duplicate accounts for the same user due to security and client identification
requirements. In a case where duplicate accounts are detected, reserves the
right to close or merge these duplicate accounts without notification.
Service Terms
Certain Services may be subject to additional terms, conditions or policies specific
to the Service ("Service Terms"). Applicable Service Terms will be provided
to you prior to your use of the Service that requires such additional terms. Unless
otherwise expressly noted, all Service Terms are incorporated by reference into
these Terms and form part of these Terms. If there is a conflict between these Terms
and any Service Terms, the Service Terms will control solely with respect to that
Service.
Not all Services may be available to all Accounts or Eligible Cards. Furthermore,
may, in its sole discretion, remove Eligible Cards from Accounts or prevent
Eligible Cards from being enrolled in an Account, and may also revise at any
time the eligibility of specific or general debit and prepaid cards and other cards
or payment methods that constitute Eligible Cards.
Eligibility
The Service is only available to individuals who are: (i) at least 18 years of age;
and (ii) the primary cardholder or authorized user of one or more Eligible Cards
issued by any of the Banks in India, and in good standing with respect to their
Eligible Card accounts.
Registration and Account Security
In order to enrol in Service, you are required to register for an Account. If you
choose to register for an Account, you agree to provide us with true, accurate,
current and complete information about yourself and update us if there are changes
to the information. You acknowledge and agree that will have no liability associated
with or arising from your failure to maintain accurate registration information,
including your failure to receive important information and updates about the Service.
If has reasonable grounds to suspect that any information you provided to us
is untrue, inaccurate or incomplete, may suspend or terminate your Account
and refuse any and all current or future use of the Service (or any portion thereof)
by you.
As a part of your Account registration, you are required to establish a username,
password and responses to a selection of security questions or any other security
features. These pieces of data are used to authenticate you when you use the Service.
They act as your signature. For your protection, you should memorize your username,
password and responses to your security questions and not keep notation of them
on or with your personal computer, tablet, mobile device or other device used to
access the Service. You are responsible for protecting the confidentiality of your
username and password. It is important that you do so since we are not responsible
for any losses you incur as a result of unauthorized use of your Account and, depending
on the circumstances, your Issuer may hold you responsible for unauthorized use
of your Eligible Card account. You agree to notify immediately of any unauthorized
use of your user name or password, or any other actual or potential security breach
relating to your Account.
You are responsible for all use of your Account and for ensuring that use of or
access to your Account complies fully with these Terms. You acknowledge and agree
that any use of the Service occurring through your current username and password
shall be deemed to be your actions and that the service may rely upon such actions.
License Grant
grants to you a limited, revocable, non-exclusive, non-sub licensable and otherwise
non-transferable license to use the Services and the Website for your own personal
and non-commercial use strictly in accordance with these Terms, provided this does
not prohibit you from using Eligible Cards stored in connection with the PayZapp
Service for business purposes. may in its sole discretion suspend, discontinue
or terminate this license at any time, for any reason. All rights not expressly
granted to you are reserved by .
User Conduct
You agree that you will comply with all applicable laws, rules and regulations and
other legal requirements that relate to your use of service. In addition, you agree:
to comply with any other requirements, restrictions or limitations imposed by
or by your Issuer from time to time.
Payment Authorization and Payment transfer
(a) By providing us with names and telephone numbers, email addresses and/or bank
account information of Receivers to whom you wish to direct payments, you authorize
us to follow the Payment Instructions that we receive through the Service.
(b) When we receive a Payment Instruction from you, you authorize us to debit your
Eligible Transaction Account and transfer funds on your behalf. You also authorize
us to credit your Eligible Transaction Account for the receipt of payments, including
but not limited to those payments returned to us from Receivers to whom you sent
payment(s) or cancelled and returned to you because the processing of the Payment
Instruction could not be completed.
(c) You acknowledge and agree that if your Payment Instructions identify an account
by name and account number, the relevant financial institution may execute those
Payment Instructions by reference to the account number only, even if such account
number does not correspond to the account name. You further acknowledge and agree
that financial institutions holding the account may choose to not investigate discrepancies
between account names and account numbers and that we have no responsibility to
investigate discrepancies between account names and account numbers.
(d) You agree that we will not be liable in any way for any payments that you may
receive, regardless of whether you authorized the Sender to send them to you.
(e) We will use reasonable efforts to complete all your Payment Instructions properly.
However, we shall incur no liability if we are unable to complete any transaction
because of the existence of any one or more of the following circumstances:
1. If, through no fault of ours, the Eligible Transaction Account does not contain
sufficient funds/credit to complete the Payment Instruction or the Payment Instruction
would exceed the credit limit of your overdraft account;
2. The Service is not working properly and you know or have been advised by us about
the malfunction before you execute the Payment Instruction;
3. The payment is refused by your bank/Issuer for whatever reasons;
4. You have not provided us with the correct information, including but not limited
to the correct Payment Instructions or Eligible Transaction Account information,
or the correct name and address or mobile phone number or email address of the Receiver
to whom you are initiating a Payment Instruction; and/or
5. Circumstances beyond our control (such as, but not limited to, fire, flood, network
or system down time, issues with the bank and or financial institution or interference
from an outside force) which prevent the proper execution of the Payment Instruction.
(f) It is the responsibility of the Sender and the Receiver to ensure the accuracy
of any information that they enter into the Service (including but not limited to
the Payment Instructions and name, address, telephone number and/or email address
for the Receiver to whom you are attempting to send the Payment Instruction), and
for informing us as soon as possible if they become aware that this information
is inaccurate. We will make a reasonable effort to stop or recover a payment made
to the wrong person or entity once informed, but we do not guarantee such stoppage
or recovery and will bear no responsibility or liability for damages resulting from
incorrect information entered by the Sender or Receiver.
Initiation of Payment transfer Instructions
You may initiate (a) a one-time Payment Instruction to a Receiver for which processing
shall be initiated immediately, (b) a one-time Payment Instruction to a Receiver
for which processing shall be initiated at a later specified date up to thirty (30)
days, and (c) a recurring series of Payment Instructions to a Receiver for which
processing shall be initiated on the specified dates. Further details about any
such & each of these options can be found on the Site.
Payment Instructions initiated to Receivers are processed in two ways. You can provide
all the required information about the Receiver, including his/her Eligible Transaction
Account, necessary to complete a transfer of funds. Alternatively, you can provide
contact information about the Receiver (including an email address and/or mobile
telephone number) and the Service may contact the Receiver and request that the
Receiver (i) provide information so that we may validate the identity of the Receiver
at the Site and then (ii) provide Eligible Transaction Account information in order
to complete the Payment Instruction (a "Two-Step Transfer") or alternatively
may fetch account details from participating networks including but not limited
to banks to match the account number matched to the mobile number of email address
provided. If the Receiver maintains an Eligible Transaction Account with an institution
that participates in or offers the PayZapp service, the Receiver may access the
Service at his or her financial institution’s website or mobile application
to complete the Payment Instruction and receive the payment.
You understand and agree that when you initiate a Payment Instruction from an Eligible
Transaction Account using the Service, the processing of the Payment Instruction
will begin and the debiting of your Eligible Transaction Account will occur as early
as the day of such initiation. However, the payment funds will be transferred into
the Receiver's Eligible Transaction Account no earlier than the next 3 Business
Day after you initiated the Payment Instruction subject to receipt of proper funds
into Nodal from the sender’s eligible account. If you request a one-time Payment
Instruction to be initiated on a specified date or a recurring series of Payment
Instruction to be initiated on specified dates, then the processing of the Payment
Instruction will begin on the specified date(s) and the debiting of your Eligible
Transaction Account will occur as early as the specified date(s). However, the payment
funds will be transferred into the Receiver’s Eligible Transaction Account
no earlier than the next three (3) Business Day following the specified date. The
Site may contain additional information regarding the delivery of a payment to an
Eligible Transaction Account and the same would be updated from time to time. Users
agree to read and adhere to the same.
You acknowledge and agree that we will begin to process the requested transfer of
funds once the Receiver has provided (or we otherwise obtain) all required information,
and you hereby authorize and direct us to retain such funds until the earlier of
such time as the Receiver has provided (or we otherwise obtain) all required information
or ten (10) business days or such period until refunded back to the sender. You
further acknowledge and agree that our receipt of money to be transmitted to a Receiver
shall not be deemed to have occurred and our obligation to complete a transaction
shall not begin until such time as the Receiver provides us with (or we otherwise
obtain) all required information necessary to process the related Payment Instruction
in accordance with this Agreement. Any cancellation of a Payment Instruction prior
to the Receiver providing us with such information shall be subject to the provisions
of Payment Cancellation, Stop Payment Requests and Refused Payments provisions as
per below.
Receiving Payments
If you want to initiate a Payment Instruction (in response to a PayZapp Request
or otherwise) using the Service to an Eligible Transaction Account you hold or,
if you as a Requestor want to initiate a PayZapp Request, he, she or you can do
that from an Eligible Transaction Account at a financial institution that participates
in the PayZapp service or at the Site.
You understand and agree that there may be a delay between the time you are notified
of the pending Payment Instruction and the deposit of the payment funds into your
Eligible Transaction Account, and you may be required to take additional steps to
facilitate the deposit of the payment of funds into your Eligible Transaction Account.
You authorize the Sender, the financial institution which holds the Sender's Eligible
Transaction Account and us (including through the Site) to send emails to you and
text messages to your mobile phone in connection with the Sender's initiation of
Payment Instructions to you, and, as a Receiver, you may also receive PayZapp Requests
from others through the Service.
You acknowledge and agree that in the event that funds are transferred into your
Eligible Transaction Account as a result of a Payment Instruction and it is determined
that such transfer was improper because it was not authorized by the sender, because
there were not sufficient funds in the sender's account, or for any other reason,
then you hereby authorize us to withdraw from your Eligible Transaction Account
an amount equal to the amount of funds improperly transferred to you.
If you as a Requestor initiate a PayZapp Request using the Service you acknowledge
and agree that as disclosed on the Site, (a) the applicable service fee may be deducted
from payments received by you from a Sender(s). You acknowledge and agree that individuals
to whom you send a PayZapp Request may not receive, or otherwise may reject or ignore,
your PayZapp Request. We do not guarantee that you will receive any payments from
individuals by initiating a PayZapp Request.
Payment Cancellation, Stop Payment Requests and Refused Payments
Sender may cancel the initiation of a Payment Instruction or stop a Payment Instruction
at any time until the processing of the Payment Instruction into the Receiver’s
Eligible Transaction Account has begun. Our ability to stop a Payment Instruction
or recover funds associated with an unauthorized Payment Instruction will depend
on the manner in which the Payment Instruction was initiated, and whether the Payment
Instruction to the Receiver’s Eligible Transaction Account has begun processing.
Although we will make a reasonable effort to accommodate a stop payment request
and to recover funds associated with an unauthorized Payment Instruction, we will
have no liability for failing to do so. We may also require you to present your
stop payment request or request to recover funds in writing within three (3) days
after contacting us. The charge for each stop payment or fund recovery request will
be the current charge for such stop payment or funds recovery service as set out
in the applicable fee schedule or as disclosed through the Site. Payments not claimed
by a Receiver will be automatically cancelled three (3) days after the processing
of the payment begins. When a Sender initiates a Payment Instruction, the Receiver
is not required to accept the payment. You agree that you as a Sender will not hold
us liable for any damages resulting from a Receiver’s decision to accept or
not to accept a payment initiated or attempted through the Service. We will, to
the extent permitted by law, make reasonable attempts to return any unclaimed, refused,
refunded, prohibited, or denied payment to your Eligible Transaction Account or
use other reasonable efforts to return such payment to you as permitted by law.
Refused Payments
We reserve the right to refuse to pay any Receiver either on our judgement or at
the behest of the bank/Issuer/financial institution/sender. We will attempt to notify
the Sender promptly if we decide to refuse to pay a Receiver designated by the Sender.
This notification is not required if you attempt to make a prohibited payment under
this Agreement.
Returned Payments
In using the Service, you understand that Receivers may reject payments or otherwise
return payment. In such event the funds, if received in the Nodal bank shall be
remitted back to sender within 3 business days post clear receipt of funds and proper
reconciliation. reserves the right to levy any additional fee or charge in
case of such returned payments.
Information Authorization
Your enrolment in the Service may not be fulfilled if we cannot verify your identity
or other necessary information. Through your enrolment in the Service as a Sender,
you agree that we may request a review of your credit rating at our own expense
through an authorized bureau. In addition, you agree that we may obtain personal
information about you as described in our Privacy Policy.
Cardholder Agreements
These Terms do not amend or otherwise modify the cardholder agreement or any other
terms and conditions of your Issuer. In the event of any inconsistency between these
Terms and your cardholder agreement with your Issuer, these Terms govern as to the
relationship between you and solely with respect to the service and your cardholder
agreement with your Issuer governs as to the relationship between you and your Issuer.
You are responsible for ensuring that your use of the Services complies with your
cardholder agreement with your Issuer.
Charges, Fees and Taxes
You are solely responsible for acquiring any hardware, devices, software, wireless
and Internet access, other items required for you to use or access the service,
and any associated fees, expenses or other charges. You are also solely responsible
for any interest, fees, charges or expenses of the Issuer of any Eligible Cards
you are using in connection with the Services and for any taxes or tax reporting
obligations in connection with your use of the Services.
It is your responsibility to determine what, if any, taxes apply to the transactions
you make or receive, and it is your responsibility to collect, report and remit
the correct tax to the appropriate tax authority. We are not responsible for determining
whether taxes apply to your transaction, or for collecting, reporting or remitting
any taxes arising from any transaction.
Privacy
Protecting your privacy is very important to . Your credentials are stored on
servers in encrypted form. We do not disclose your account details, postal
or email addresses to anyone except for meeting transaction requirements and/or
when legally required to do so.
Sensitive information between your browser and PayZapp website is transferred in
encrypted form using Secure Socket Layer (SSL). is PCI-DSS certified and is
compliant.
For information about 's privacy practices in connection with service, please
read the privacy policy ("Privacy Policy”) at
www.techprocess.co.in. The Privacy Policy is incorporated into these Terms
and explains how collects, uses and shares your personal information in connection
with the service. In connection with creating or using a PayZapp Account, you have
indicated that you agree to the terms of the Privacy Policy.
Social Media
We may allow you to utilize one or more methods of communication to share and spread
the message about service, which methods may include email and social networking
platforms (collectively, "Social Media"). If you choose to use Social
Media, you are solely responsible for ensuring that your use complies with all applicable
laws, rules and regulations, these Terms, and any terms, conditions and restrictions
of the particular Social Media.
Proprietary Rights
All ownership rights in PayZapp Service, including Content, is retained by
and protected under applicable copyrights, trademarks and other proprietary (including,
intellectual property) rights and international treaties. All rights not expressly
granted to you through these Terms are retained by , its affiliates and their
licensors. Nothing in these Terms grants to you any right to use any of 's,
its affiliates' or any other third parties trademarks, service marks, logos etc.
Third Party Websites, Content and Resources
The service may permit you to link to or access direct connections to third party
websites, content and resources, including, Social Media. You acknowledge that
has no control over any such websites, content or resources, which are made available
by companies or persons other than . You acknowledge and agree that is
not responsible for the availability of any such websites, content or resources.
You further acknowledge that is not liable to you for any loss or damage which
may be incurred by you as a result of these third party websites, content or resources,
including losses or damages suffered in connection with usage of the services.
Promotional Offers
/PayZapp may, from time to time, announce certain offers with intent to promote
its Website and/or Services (Promotional Offers). The Promotional Offer(s) would
always be governed by these Terms plus certain additional terms and conditions,
if any prescribed. The said additional terms and conditions, if prescribed, would
be specific to the corresponding Promotional Offer only and shall prevail over these
Terms, to the extent they may be in conflict with these Terms. reserves the
right to withdraw, discontinue, modify, extend and suspend the Promotional Offer(s)
and the terms governing it, at its sole discretion.
Modification of These Terms; Termination
If you do not agree with any of these Terms, you must not use the service.
reserves the right, in its sole discretion, to modify these Terms at any time with
or without further notice to you. We will always post the most recent version of
these Terms at the Website. may change these Terms by posting a new version
at the Website, without specific notice to you, so please continue to review these
Terms from time to time.
may suspend, discontinue or terminate your access to or use of service at any
time, immediately and without prior notice or obligation to you, (i) if you violate
any of these Terms, or (ii) for any other reason, in 's sole discretion. Upon
any discontinuance or termination of your use of service, you must uninstall any
service related software, if any, and promptly destroy all Content obtained through
the service, as well as any copies of such Content. You agree that shall not
be liable to you for any suspension, discontinuance, termination, change or modification
of your use of or access to the Service. Upon termination, you remain liable for
all payments and other obligations you have incurred under these Terms.
How to Notify Us of Unauthorized access
You agree to notify us immediately if you believe your user name, password, or any
login credentials has become known or an unauthorized transaction has occurred involving
your PayZapp Account.
You must include the following information: Your name and Account number; a description
of the error, loss and/or EFT that you are unsure about, and explain as clearly
as you can why you believe it is an error or why you need more information; and,
the transaction amount of the suspected error or unauthorized EFT. If you tell us
orally, we may require that you send us your complaint or question in writing within
10 Business Days.
Liability
If we do not complete a Transfer to or from your Account, on time or in the correct
amount, according to our agreement with you when you have properly instructed us
to do so, we will be liable to you to the extent of transaction amount provided
the same is received by in the nodal account and not yet remitted. However,
there are some exceptions. We will NOT be liable, for instance:
Payment Limits
The upper transaction limit for sending/receiving payments shall be in accordance
with regulatory guidelines issued from time to time. in its own discretion
may set a limit lower than the regulatory limits and such limits if any set shall
be updated in the site from time to time.
Refused Transactions
may refuse the payment transfer, if it cannot match the receivers name and
address or mobile number or account number as provided to . In this case you
may be liable for an administration charge, which will be deducted from your subsequent
transfers.
Your Obligations
You are responsible for ensuring the payment details you provide are accurate. Once
payment instructions have been executed by PayZapp service, transactions cannot
be reversed and will not be liable in any way for any loss you suffer as a
result of a transaction being carried out in accordance with your instructions.
In the unlikely event that you notice an error in either the payment sent or received
as a result of using the Services, then you should immediately notify us using the
“contact us” tab on the site. If you become aware that you have received
a payment over and above what you were expecting, you must immediately notify us
of this so that arrangements can be made for you to immediately return any overpayment.
You agree not to use the Services for any unlawful activity and reserves the
right to investigate any suspicious activity or in response to any complaints or
reported violations. When investigating any such activity, reserves the right
to report suspected unlawful activity to any appropriate person or body and to provide
them with any relevant information, including personal data.
Service Fees and Additional Charges
You understand and agree that you are responsible for paying all fees associated
with your use of the Service. Applicable fees will be disclosed in the user interface
for, or elsewhere within, the Service or Site. You further acknowledge and agree
that any applicable fees will be charged regardless of whether the payment instruction
is completed, unless the failure to complete the payment transfers is solely due
to our fault, except for those fees that may specifically use-based. There may be
a charge for additional transactions and other optional services. You agree to pay
such charges and authorize us to deduct the calculated amount from your designated
Eligible Transaction Account for these amounts and any additional charges that may
be incurred by you. Any financial fees associated with your standard Bank/Issuer
card accounts (or other Eligible Transaction Accounts) will continue to apply. You
are responsible for any and all telephone access fees and/or Internet service fees
that may be assessed by your telephone and/or Internet service provider.
Prohibited Payments
The following types of payments are prohibited through the Service, and we have
the right but not the obligation to monitor for, block, cancel and/or reverse such
payments:
(a) Payments that violate any law, statute, ordinance or regulation; and
(b) Payments that violate the Acceptable Use terms as per this Agreement; and
(c) Payments related for use towards/to: (1) tobacco products, (2) prescription
drugs and devices; (3) narcotics, steroids, controlled substances or other products
that present a risk to consumer safety; (4) ammunition, firearms, or firearm parts
or related accessories; (5) weapons or knives regulated under applicable law; (6)
goods or services that encourage, promote, facilitate or instruct others to engage
in illegal activity; (7) goods or services that are sexually oriented; (8) goods
or services that promote hate, violence, racial intolerance, or the financial exploitation
of a crime; (9) goods or services that defame, abuse, harass or threaten others;
(10) goods or services that include any language or images that are hateful, racially
offensive, vulgar, obscene, indecent; (11) goods or services that infringe or violate
any copyright, trademark, right of publicity or privacy or any other proprietary
right under the laws of any jurisdiction; and
(d) Payments related to gambling, gaming and/or any other activity with an entry
fee and a prize, including, but not limited to rummy, casino games, sports betting,
horse or greyhound racing, lottery tickets, other ventures that facilitate gambling,
games of skill (whether or not it is legally defined) and sweepstakes; and
(e) Payments relating to transactions that (1) support pyramid, or ponzi schemes,
matrix programs, other “get rich quick” schemes or multi-level marketing
programs, (2) are associated with off-shore banking or transactions to finance or
refinance debts funded by a credit card, (3) constitute money-laundering or terrorist
financing; (4) are associated with the following “money service business”
activities: the sale of traveler’s checks or money orders, currency dealers
or exchanges or check cashing, or (5) provide credit repair or debt settlement services;
In no event shall we or our independent contractors or other third parties to whom
we assign or delegate rights or responsibilities be liable for any claims or damages
resulting from your scheduling of prohibited payments. We have no obligation to
research or resolve any claim resulting from a prohibited payment. All research
and resolution for any misapplied, misposted or misdirected prohibited payments
will be your sole responsibility and not ours. We encourage you to provide notice
to us by the methods described herein of any violations of this section or the Agreement
generally.
Text Messages, Calls and/or Emails to You
By providing us with a telephone number (including a mobile telephone number) and/or
email address, or any other social media contact address you consent to receiving
calls and/or text messages from us at that number, and/or emails from us for our
everyday business purposes (including identity verification). You further consent
to receiving text messages from us at that number, and/or emails from us for marketing
purposes. Please review our Privacy Policy for more information.
Your Liability For Unauthorized Transfer
Immediately following your discovery of an unauthorized Payment Instruction, you
shall communicate with us in the manner set forth herein as per the Agreement. You
acknowledge and agree that time is of the essence in such situations. You agree
and acknowledge that you shall be liable for any such loss, damage to you and
shall not be held liable in any event.
Failed or Returned Payment Instructions
In using the Service, you are requesting us to attempt to make payments for you
from your Eligible Transaction Account. If we are unable to complete the Payment
Instruction for any reason associated with your Eligible Transaction Account (for
example, there are insufficient funds in your Eligible Transaction Account, or the
Payment Instruction would exceed the credit or overdraft protection limit of your
Eligible Transaction Account, to cover the Payment Instruction), the Payment Instruction
may not be completed. In some instances, you will receive a return notice from us.
In each such case, you agree that:
(a) You will reimburse us immediately upon demand the amount of the Payment Instruction
if we have delivered the payment to the Receiver but there are insufficient funds
in, or insufficient overdraft credits associated with, your Eligible Transaction
Account to allow us to complete the debit processing;
(b) For any amount not reimbursed to us within fifteen (15) days of the initial
notification, a late charge equal to one and a half percent (1.5%) monthly interest
or the legal maximum, whichever rate is lower, for any unpaid amounts may be imposed;
(c) You may be assessed a fee if the payment cannot be debited because you have
insufficient funds in your Eligible Transaction Account, or the transaction would
exceed the credit or overdraft protection limit of your Eligible Transaction Account,
to cover the requested transfer, or if we cannot otherwise collect the funds from
you; the fee amount will be as set forth in your fee schedule from us (including
as disclosed on the Site) or your account agreement with us. You hereby authorize
us to deduct these amounts from your designated Eligible Transaction Account.
(d) You will reimburse us for any fees or costs we incur in attempting to collect
any amounts from you; and
(e) We are authorized to report the facts concerning to any credit reporting agency.
Address or Banking Changes
It is your sole responsibility and you agree to ensure that the contact information
in your user profile is current and accurate. This includes, but is not limited
to, name, physical address, phone numbers and email addresses. Changes can be made
within the user interface of the Service. We are not responsible for any payment
processing errors or fees incurred if you do not provide accurate Eligible Transaction
Account, Payment Instructions or contact information.
Telecommunication/internet device Users
Your phone service provider is not the provider of the Service. Users of the Service
will receive text messages related to your Payment Instructions and other notices
from time to time if a mobile phone number is provided. Data and messaging charges
from your telecommunications provider may apply, and you are responsible for any
such charges. In the event your enrolled mobile device is lost or stolen, you agree
to update your enrolment information and make the appropriate changes to disable
the use of such device. You understand that there are risks associated with using
a mobile device, and that in the event of theft or loss, your confidential information
could be compromised. You can’t claim all such calls or text messages as unsolicited
calls and we shall not be liable if you don’t receive any such messages or
calls on your communication device for reasons such which may be due to your registration
under “do not disturb” facility etc.
Service Termination, Cancellation, or Suspension
If you wish to cancel the Service, you may contact us using the “contact us”
tab as set forth in site. Any payment(s) that have begun processing before the requested
cancellation date will be processed by us. You agree that we may terminate or suspend
your use of the Service at any time and for any reason or no reason. Neither termination
nor suspension shall affect your liability or obligations under this Agreement.
Errors, Questions, and Complaints
In case of errors or questions about your transactions, you should as soon as possible
contact us using the “contact us” tab as set forth in the site.
Intellectual Property
PayZappTM is a trademark owned by for which it has made an application. Other
marks and logos used with the Service may be trademarks and/or service marks of
us or our licensors or Affiliates. In addition, all page headers, custom graphics,
button icons, and scripts may be our service marks, trademarks, and/or trade dress
of us or those of our Affiliates or licensors. You should not copy, imitate, or
use any of the above without our prior written consent, which we may withhold in
our sole discretion, and you may not use them in a manner that is disparaging to
us or the Service or display them in any manner that implies our sponsorship or
endorsement. All right, title and interest in and to the Service, the portion of
the Site through which the Service is offered, the technology related to the Site
and Service, and any and all technology and any content created or derived from
any of the foregoing, is our exclusive property. Moreover, any suggestions, ideas,
notes, drawings, concepts, or other information you may send to us through or regarding
the Site or Service shall be considered an uncompensated contribution of intellectual
property to us, shall also be deemed our exclusive intellectual property, and shall
not be subject to any obligation of confidentiality on our part. By submitting any
such materials to us, you automatically grant (or warrant that the owner of such
materials has expressly granted) to us a perpetual, royalty-free, irrevocable, non-exclusive
right and license to use, reproduce, modify, adapt, publish, translate, publicly
perform and display, create derivative works from and distribute such materials
or incorporate such materials into any form, medium, or technology now known or
later developed, and you warrant that all so-called "moral rights" in
those materials have been waived, and you warrant that you have the right to make
these warranties and transfers of rights.
Links
Links to other sites may be provided on the portion of the Site through which the
Service is offered for your convenience. By providing these links, we are not endorsing,
sponsoring or recommending such sites or the materials disseminated by or services
provided by them, and are not responsible for the materials, services or other situations
at or related to or from any other site, and make no representations concerning
the content of sites listed in any of the Service web pages. Consequently, we cannot
be held responsible for the accuracy, relevancy, copyright compliance, legality
or decency of material contained in sites listed in any search results or otherwise
linked to the Site. For example, if you "click" on a banner advertisement
or a search result, your "click" may take you off the Site. This may include
links from advertisers, sponsors, and content partners that may use our logo(s)
as part of a co-branding agreement. These other sites may send their own cookies
to users, collect data, solicit personal information, or contain information that
you may find inappropriate or offensive. In addition, advertisers on the Site may
send cookies to users that we do not control. You may link to the home page of our
Site. However, you may not link to other pages of our Site without our express written
permission.
Password and Security
If you are issued or create any password or other credentials either at PayZapp
site or site to access the Service or
the portion of the Site through which the Service is offered, you agree not to give
or make available your password or credentials to any unauthorized individuals,
and you agree to be responsible for all actions taken by anyone to whom you have
provided such credentials. If you believe that your credentials have been lost or
stolen or that someone may attempt to use them to access the Site or Service without
your consent, you must inform us at once at the telephone number provided in the
“contact us” tab on the site. Any liability occurred shall be purely
at your own risk and shall in no way be liable or held responsible.
Remedies
If we have reason to believe that you have engaged in any of the prohibited or unauthorized
activities described in this Agreement or have otherwise breached your obligations
under this Agreement, we may: terminate, suspend or limit your access to or use
of the Site or the Service; notify law enforcement, regulatory authorities, impacted
third parties, and others as we deem appropriate; refuse to provide our services
to you in the future; and/or take legal action against you. In addition, we, in
our sole discretion, reserve the right to terminate this Agreement, access to the
Site and/or use of the Service for any reason or no reason and at any time. The
remedies contained in this Section are cumulative and are in addition to the other
rights and remedies available to us under this Agreement, by law or otherwise.
Disputes & Arbitration
In the event of a dispute regarding the Service, you and we agree to resolve the
dispute by looking to this Agreement. In the event of non resolution, both the parties
agree for arbitration to be settled by a sole arbitrator to be appointed mutually
by and you, in accordance with the provisions of the Arbitration and Conciliation
Act, 1996, or amendment thereto. In the event we are unable to reach an agreement
on the sole arbitrator, we agree to have a panel of three arbitrators appointed,
of which one shall be appointed by each of us, and the third arbitrator appointed
by the two arbitrators. The venue for arbitration shall be Mumbai. The arbitral
procedure shall be conducted in the English language and any award or awards shall
be rendered in English.
Exclusions of Warranties
THE SITE AND SERVICE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
AND NON- INFRINGEMENT. IN PARTICULAR, WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED
OR SECURE ACCESS TO ANY PART OF OUR SERVICE, AND OPERATION OF OUR SITE MAY BE INTERFERED
WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL.
Limitation of Liability
IN NO EVENT SHALL WE OR OUR AFFILIATES OR LICENSORS OR CONTRACTORS OR THE EMPLOYEES
OR CONTRACTORS OF ANY OF THESE BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO
THE SERVICE OR THE PORTION OF THE SITE THROUGH WHICH THE SERVICE IS OFFERED. OUR
AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF OUR AFFILIATES AND LICENSORS
AND CONTRACTORS AND THE EMPLOYEES AND CONTRACTORS OF EACH OF THESE, TO YOU AND ANY
THIRD PARTY FOR ANY AND ALL CLAIMS OR OBLIGATIONS RELATING TO THIS AGREEMENT SHALL
BE LIMITED TO A MAXIMUM OF INR 1,000/- (RUPEES ONE THOUSAND ONLY).
General Terms
Notices
You agree that may provide you with notices and other disclosures in connection
with the service by email, postings on the Website or other forms of electronic
communications. All electronic communications from us to you shall be deemed to
be communications "in writing" and deemed delivered to you no later than
the earlier of the date actually received or 5 days from the date of posting or
dissemination.
Waiver
Our failure or delay to exercise or enforce any provision or right contained in
these Terms shall not be deemed a waiver of such provision or right.
Entire Agreement
These Terms (including the Privacy Policy and any applicable Service Terms incorporated
into these Terms and conditions by reference) constitute the entire agreement between
and you with respect to your use of service.
Severability
You and agree that if any provision of these Terms are deemed unlawful, void
or for any reason unenforceable by a court of competent jurisdiction, then that
provision shall be deemed severable from these Terms and shall not affect the validity
and enforceability of any remaining provisions.
Interpretation
Headings and captions are for convenience only and shall not be considered included
for purposes of interpretation. Words such as "hereof," "herein,"
and "hereunder" shall mean and refer to all these Terms, rather than any
particular part of the same. The term"including" shall mean "including,
without limitation". Whenever used herein, the singular shall include the plural,
the plural shall include the singular, and the use of any gender shall be applicable
to all genders.
Relationship of the Parties
Nothing in these Terms will be construed as creating a joint venture, partnership,
employment or agency relationship between you and , and you do not have any
authority to create any obligation or make any representation on 's behalf.
Indemnification
To the greatest extent permitted by applicable law, you agree to indemnify, defend
and hold harmless , its Parties from any loss, liability, claim, or demand,
including costs and reasonable attorneys' fees, due to, in connection with or arising
out of your breach of these Terms.
Governing Law
To the fullest extent permitted by law, you and agree that: (i) any disputes,
claims or causes of action arising out of or in connection with these Terms or by
using PayZapp Services will be governed by and construed under the laws of India
and any disputes, claims or causes of action arising out of or in connection with
these Terms or services shall be resolved exclusively within the courts of Mumbai.
Assignment
You may not assign these Terms, by operation of law or otherwise, without 's
prior written consent. reserves the right to assign these Terms, and the rights
and obligations hereunder, to any third party without notice to or consent from
you. Subject to the foregoing, these Terms will be binding on, inure to the benefit
of, and be enforceable against you and your respective successors and assigns.
Events Outside Of Our Control
We will not be liable or responsible for any failure or delay in providing the Services
that is caused by events outside of our control, including but not limited to failures
or delays caused by a lack of, or slow access to the Internet, hacking, malware
etc.
Entire Agreement
This Agreement and any document expressly referred to in it constitutes the whole
agreement between us and supersedes any previous discussions, correspondence, arrangements
or understandings between us.
Definitions
"Agreement" means this agreement including all subsequent amendments.
"Business Days" means a day (other than a Saturday or Sunday) on which
banks in India are open for business.
"Days" means calendar days.
"Eligible Transaction Account" is a transaction account from which your
payments will be debited or to which payments and credits to you will be credited.
An Eligible Transaction Account may include but not limited to a Bank account, Debit
card, Credit card, Prepaid card, wallet, smart card etc. or any such instruments
including online account as long as it complies with regulatory requirements.
"PayZapp website(s)" www.PayZapp.com,
owned and operated by
"Policy" or "Policies" means any Policy or other agreement between
you and that you entered into on the PayZapp’s website(s), or in connection
with your use of the Services.
"Payment Instruction" is the information provided by the Sender for a
payment to be made to a Receiver (such as, but not limited to, name, mobile telephone
number, email address, and bank account and routing number information).
“Payment Network” means a debit or credit network through which funds
may be transferred.
“PayZapp Request” means a request initiated by a Requestor to an individual
to initiate a Payment Instruction through the PayZapp Service.
“Sender” means a person who sends or wishes to send money to a Receiver’s
valid bank, card account or wallet or any such recognized payment mode.
“Receiver” means a person to whom sender intends to pay and who has
a valid bank, card account or wallet or any such recognized payment mode.
“Requestor” means a person who requests or initiates a request for money
from the sender into this/her valid bank, card account or wallet or any such recognized
payment mode.
“Beneficiary account” means an account provided by the receiver to whom
the fund is to be remitted.
“Subscriber” means a person who has registered for PayZapp services.
"Customer" means a sender, receiver, subscriber or a requestor.
"Services" means all payment transfer services and allied services available
through the PayZapp website(s).
"User," "you" or "your" means you and any other person
or entity entering into this Agreement with us or using the Service.
Information We Collect From Other Sources
We may also collect information about you from third parties, including but not
limited to third-party verification services, credit bureaus, mailing list providers,
and publicly available sources.
Third-Party Advertising and Analytics
We may allow third parties to serve advertisements in connection with our Services
and to provide analytics services. These third parties may use cookies, web beacons,
and other technologies to collect information, such as your IP addresses, identifiers
associated with your mobile device or applications on the device, the browsers you
use to visit our Services, pages viewed, time spent on pages, links clicked, and
conversion information. This information may be used by /PayZapp and other companies
to analyze and track data, determine the popularity of certain content, deliver
advertising and content targeted to your interests, and better understand your usage.
This Privacy Policy does not apply to, and we are not responsible for, third-party
cookies, web beacons, or other tracking technologies, and we encourage you to check
the privacy policies of these third parties to learn more about their privacy practices.
Use of Information
We use information about you to provide, maintain, and improve our Services and
to deliver the information and support you request, including receipts, technical
notices, security alerts, and support and administrative messages.
We also use information about you to improve and personalize the Services. To take
just one example, when you sign up for a PayZapp account, we may associate certain
information with your new account, such as information about other accounts you
have or had with PayZapp and prior transactions you made through the PayZapp Services.
We may use information we collect to send you news and information about our Services
and to communicate with you about products, services, contests, promotions, incentives,
and rewards offered by us and select partners.
We may also use information about you to track and analyze trends and usage in connection
with our Services; to process and deliver contest and promotion entries and rewards;
to protect our rights or property; to verify your identity; to investigate and prevent
fraud or other illegal activities; and for any other purpose disclosed to you in
connection with our Services.
We may, or we may use third-party service providers to, process and store personal
information.
Sharing of Information
We may share personal information about you as follows:
We may also share aggregated, non-personally identifiable information with third
parties.
Security
We take reasonable measures, including administrative, technical, and physical safeguards,
to help protect personal information from loss, theft, misuse, and unauthorized
access, disclosure, alteration, and destruction.
Your Privacy Choices
Personal Information
You may update or correct information about yourself by logging into your account
at any time on the site. Please note even if you deactivate your account or if the
account is terminated we may retain archived copies of information about you and
your transactions for a period of time that is consistent with applicable law.
Location Information
When you first launch any of our mobile applications, you will be asked to consent
to the application's collection of location information. We currently require this
location information in order to provide our Services, so if you do not consent
to this collection, you cannot use our Services. If you initially consent to our
collection of location information, you can subsequently stop our collection of
location information at any time by changing the preferences on your mobile device.
If you do so, the PayZapp application will no longer function. You may also stop
our collection of location information by following the standard uninstall process
to remove all PayZapp applications from your device.
Cookies
Most web browsers are set to accept cookies by default. If you prefer, you can usually
choose to set your browser to remove or reject cookies; however, our Services may
not function properly if you do so.
Promotional Communications
You may opt out of receiving promotional emails or text messages from PayZapp by
following the instructions in those emails or text messages. If you opt out, we
may still send you non-promotional communications, such as messages about your account
or our ongoing business relations.