Terms & Conditions
We would like you to read these general terms of conditions (“Terms of Use” / “Terms of Service”
/
“Terms”) carefully,
before you use our platform or any of its services (“Services”). These Terms are legally
binding and
govern the use of
our website, our mobile application, our API and other properties collectively called as the
“instantwalletpay
Platform” or
“Platform” created by instantwalletpay.com Limited, a company incorporated under the laws of UK,
with its
registered
office at 107A Gaisford Street London, UK NW5 2EG (“instantwalletpay” or
“Company”).
By signing-up to use the Platform, you acknowledge that you have read these Terms and agree to be bound
by them. You
also acknowledge that you have read our Privacy Policy and agree to be bound by it.
By signing up to use
the Platform,
you represent that you have provided us with valid identifying information which may be used to verify
your identity.
Please note that we may restrict, suspend, or terminate your access at any time to the Platform if we
believe you have
breached these Terms. We may use certain technologies to monitor your activities on the Platform.
We may modify these Terms or any other terms at any time by posting a revised version of
the same at www.instantwalletpay.com
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 Feb 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
instantwalletpay and the terms “you” and “your” to refer to you, the User of
the Platform.
Both instantwalletpay 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 instantwalletpay, 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.
ELIGIBILITY
instantwalletpay’s services are available to anyone having a valid UKn 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 instantwalletpay shall not be eligible to avail services from instantwalletpay. Users shall not impersonate any
person or entity,
or falsely state or otherwise misrepresent identity, age or affiliation with any person or entity.
DEFINITIONS
For the purpose of these Terms of Use including General Terms and Conditions, Inclusive Banking Terms
and Conditions and
API Banking Terms and Conditions, the following words and phrases shall have the meaning assigned to
them under this
Article.
“Applicable Law” includes all applicable UKn 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
UK.
“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.
“Confidential Information” means and includes the Intellectual Property and any and
all business, technical and financial information of instantwalletpay or of any of its affiliates that is
related to any of the arrangements contemplated in these Terms of Use or any other document in which
these Terms of Use are incorporated by reference or otherwise disclosed by instantwalletpay to the User any
information which relates to its financial and/or business operations, including but not limited to,
specifications, models, merchant lists/information samples, reports, forecasts, current or historical
data, computer programs or documentation and all other technical, financial or business data,
information related to its internal management, customers, products, services, anticipated
products/services, processes, financial condition, employees, merchants, Intellectual Property,
marketing strategies, experimental work, trade secrets, business plans, business proposals, customer
contract terms and conditions, compensation/commission/ service charges payable to the User, and other
valuable confidential information and materials that are customarily treated as confidential or
proprietary, whether or not specifically identified as confidential or proprietary.
“Credit” shall mean the payment made by the User to the Company to carry out
transactions through the
instantwalletpay
platform.
“Effective Date or Registration date” shall mean the date of registration of account
of the User on
instantwalletpay’s
platform.
“Intellectual Property” shall mean all intellectual property used for the purpose of
or in association
with or in
relation to the performance of these Terms of Use and Applicable Agreement, and includes without
limitation, (a)
Software, operating manuals, software code, program, instructions, specifications, processes, input
methods, data or
information used in relation to, or in association with, or for the operation of the software installed
by the Company,
(b) the trademarks, service marks, trade names, business names, logos, symbols, styles, colour
combinations used by the
Company during the course of its business and all depictions, derivations and representations graphics,
images, content
and the ‘look and feel’ of all of the above, (d) all information, data or material in whatever form,
whether tangible or
not, provided by the Company to the User during the course of Applicable Agreement; and (e) all
techniques, formulae,
patterns, compilations, processes, inventions, practices, methodology, techniques, improvement, utility
model,
procedures, designs, skills, technical information, notes, experimental results, service techniques,
samples,
specifications of the products or services, labeling specifications, rights on software, and any other
knowledge or
know-how of any nature whatsoever.
“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 instantwalletpay and various Service
Providers to the Users utilizing the instantwalletpay
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
instantwalletpay 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 instantwalletpay services through
instantwalletpay 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 instantwalletpay:
INFORMATION SUPPLIED TO instantwalletpay. Users agree that the
information provided by the Users to instantwalletpay 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 instantwalletpay through which instantwalletpay services are
dispensed (“Account”). instantwalletpay 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 instantwalletpay 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 instantwalletpay from any liabilities that may arise from the misuse of such User’s Account.
PRIVACY POLICY. All information collected from a User pursuant
to provision of instantwalletpay’s services during the performance of these
Terms of Use or Applicable Agreement, is subject to instantwalletpay’s
Privacy Policy.
RECLAIMING INACTIVE ACCOUNTS. If an Account is found to be
overly
inactive, the Account may be reclaimed by instantwalletpay 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. instantwalletpay’s services
and/or the Site may include links or references to other web sites or services solely for the
Users’ convenience (“Reference Sites”). instantwalletpay 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:
instantwalletpay 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 instantwalletpay even after opting out of marketing
communications.
instantwalletpay 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 instantwalletpay Platform or availing any Services. instantwalletpay 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.
LIMITATION OF LIABILITY.
In no event will instantwalletpay or its directors, agents, officers, or employees be liable to a User for any
special,
indirect, incidental, consequential, punitive, or exemplary damages (including without limitation lost
business
opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary
loss or damage of
any nature whatsoever) of any kind arising out of or relating to (i) this Terms of Use or any other
agreement entered by
a User with instantwalletpay, (ii) instantwalletpay’s services, the Site or any Reference site, or (iii) User’s use
or inability to
use instantwalletpay’s services, the Site or any Reference Sites, even if instantwalletpay or a instantwalletpay
authorized representative
has advised of the possibility of such damages, (iv) unauthorized access to or alterations of
transmissions or data, any
material or data sent or received or not sent or received, (v) any transactions entered into by any
third person or
conduct of any other third party or any infringement of another’s rights, (vi) the use of counterfeit or
stolen cards,
or stolen devices, or (vii) fraudulent electronic transactions. It shall be at the sole discretion of
instantwalletpay to
reverse any transaction subject to approval of the concerned Service Provider. Notwithstanding the
above, if any court
of law finds that instantwalletpay or its directors, officers, or employees, are liable to indemnify a
concerned User despite
the existence of this Clause 1.7, such liability shall not exceed the amount paid by the concerned User,
if any, for
using the portion of the instantwalletpay’s services or the Site giving rise to the cause of action. Users
acknowledge and
agree that instantwalletpay has offered its products and services, set its prices, and entered into these
Terms of Use and
Applicable Agreement in reliance upon the warranty, disclaimers, and the limitations of liability set
forth herein.
Users acknowledge that the warranty, disclaimers, and the limitations of liability set forth herein
reflect a reasonable
and fair allocation of risk between Users and instantwalletpay, and that the warranty, disclaimers, and the
limitations of
liability set forth herein form an essential basis of the bargain between Users and instantwalletpay.
instantwalletpay would not be
able to provide the services to Users on an economically reasonable basis without these limitations.
FRAUDULENT TRANSACTIONS
If instantwalletpay 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 instantwalletpay. 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 instantwalletpay 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.
instantwalletpay 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 instantwalletpay.com curring the charge
stipulated
in clause 1.8(iii),
if the available Transaction Amounts are insufficient for deduction of the Chargeback Amount,
then
instantwalletpay 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 instantwalletpay is a facilitator for payment processing
services which are
requested and authorized by Users and instantwalletpay 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.
instantwalletpay will assist the Users in settling any queries related to the Services that arise
between
the Users, and its
Customers. However, instantwalletpay 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 shall comply with the provisions contained in the Information Technology Act, 2000 and
the
statutory rules
framed there under, from time to time, in so far as the same has application to its operations
in
accordance with these
Terms of Use, and also with all other Laws, rules and regulations, whether already in force or
which
may be enacted from
time to time, pertaining to data security and management, data storage, sharing and data
protection,
and various rules,
regulation and provisions as may be applicable, as and when the same is enacted into a law and
comes
into force, and
shall ensure the same level of compliance by all its employees.
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 UK. 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 immediately intimate instantwalletpay of any violation or potential violation of these Terms
of
Use or of other
circumstances that may cause damage to the goodwill and reputation of instantwalletpay,
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
instantwalletpay 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 be solely responsible for and hereby undertakes to strictly comply with
Privacy Policy, and
Applicable Law
having jurisdiction in any manner whatsoever in connection with discharge of its duties under
the
Applicable Agreement,
including but not limited to data protection, security, piracy, and directions issued by the
Reserve
Bank of UK
relating to payment data, and shall obtain and maintain in full force and effect all
registrations
required under
Applicable Law for the operation of the business in terms of the Applicable Agreement, and
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 instantwalletpay. 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 instantwalletpay Platform, or in any way reproduce or circumvent the navigational
structure
or presentation of
the platform, without instantwalletpay’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 instantwalletpay, 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 instantwalletpay, 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 instantwalletpay’s services or of the Site/application,
any violation by the User of Terms of Use or Applicable Agreement,
any breach of representations, warranties and covenants made by the User in these Terms of Use,
or
Applicable Agreement,
any claim or legal notice or quasi-legal proceedings to which instantwalletpay may be required to
become
party or to which
instantwalletpay 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 instantwalletpay,
all liability, claims, damages, costs, expenses suffered or incurred by instantwalletpay 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
instantwalletpay 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 instantwalletpay. The User agrees
to
cooperate with
instantwalletpay’s defense and settlement of these claims. instantwalletpay 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, instantwalletpay 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 instantwalletpay or through instantwalletpay’s services or the Site
will create any
warranty not expressly stated herein. instantwalletpay does not authorize anyone to make any warranty on its
behalf and Users
should not rely on any such statement. Users acknowledge that instantwalletpay 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. instantwalletpay 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. instantwalletpay’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.
instantwalletpay 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 instantwalletpay’s services, the Site or any Reference Sites in terms of
correctness,
accuracy, reliability, or otherwise.
INTELLECTUAL PROPERTY.
instantwalletpay’s services and the Site are owned and operated by
instantwalletpay 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 instantwalletpay’s services and the Site provided by
instantwalletpay (the
“Materials”) are protected by Applicable Law. As between User and instantwalletpay, all Materials and
instantwalletpay’s
Intellectual Property are the property of instantwalletpay and/or third-party licensors or suppliers.
User
agrees not to
remove, obscure, or alter instantwalletpay 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 instantwalletpay’s
services. Except as
expressly authorized by instantwalletpay, 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 instantwalletpay’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 instantwalletpay shall be
strictly in for the
fulfillment of and in compliance with the terms of the agreement between such User and
instantwalletpay.
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 instantwalletpay'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 instantwalletpay,
and shall assign to instantwalletpay, 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.
CONFIDENTIALITY.
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,
that is at the date hereof, or subsequently becomes, public otherwise than by reason of
a breach
by the receiving Party
of these Terms of Use,
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.
GOVERNING LAW .
This Terms of Use shall be governed by and construed in accordance with the laws of UK, without
regard to its
conflict of law provisions and the exclusive jurisdiction of competent courts in New Delhi, UK.
FORCE MAJEURE .
instantwalletpay shall not be liable for failure to perform its obligations under these Terms of Use to the
extent such
failure is due to causes beyond its reasonable control. In the event of a force majeure, the Company if
unable to
perform shall notify the User in writing of the events creating the force majeure and the performance
obligations of the
Company will be extended by a period of time equal to the length of the delay caused by force majeure;
provided that if
any such delay exceeds ninety days, then following such ninety day period, either Party hereto may
terminate the
unperformed portions of these Terms of Use on ten days prior written notice to the other Party. For the
purposes of
these Terms of Use, force majeure events shall include, but not be limited to, acts of God, failures or
disruptions,
orders or restrictions, war or warlike conditions, hostilities, sanctions, mobilizations, blockades,
embargoes,
detentions, revolutions, riots, looting, strikes, stoppages of labor, lockouts or other labor troubles,
earthquakes,
fires or accidents and epidemics.
MISCELLANEOUS .
SEVERABILITY. If any provision of this Terms of Use is held to be unlawful, void, invalid
or
otherwise unenforceable,
then that provision will be limited or eliminated from this Terms of Use to the minimum extent
required, and the
remaining provisions will remain valid and enforceable.
ASSIGNMENT. These Terms of Use and any rights granted hereunder, shall not be assignable
by
the
User, but may be
assigned by instantwalletpay without restriction. Any assignment attempted to be made in violation of
this
provision shall be
void and of no effect.
HEADINGS. The heading references herein are for convenience purposes only, do not
constitute
a part
of these Terms of
Use, and will not be deemed to limit or affect any of the provisions hereof.
NOTICE. instantwalletpay may provide Users with notices and communications by email, regular
mail,
or posts on the instantwalletpay website,
www.instantwalletpay.com or by any other reasonable means. Except as otherwise set forth herein, notice
to
instantwalletpay must be
sent by courier or registered post to the Legal Department, instantwalletpay.com Limited, 1st Floor,
107A Gaisford Street London, UK NW5 2EG
WAIVER. The failure of instantwalletpay to exercise or enforce any right or provision of these
Terms of
Use will not
constitute a waiver of such right or provision. Any waiver of any provision of these Terms of
Use
will be effective only
if in writing and signed by instantwalletpay.
RELATIONSHIP BETWEEN THE PARTIES. The Terms of Use are not intended by the Parties to
constitute or
create a joint
venture, pooling arrangement, partnership, agency or formal business organization of any kind.
instantwalletpay and the User
shall be independent contractors with each other for all purposes at all times and neither Party
shall act as or hold
itself out as an agent or representative of the other Party nor shall create or attempt to
create
liabilities for the
other Party by acting or holding itself out as such.
GRIEVANCE REDRESSAL:
Any complaint, dispute, grievance can be addressed to instantwalletpay through its Customer Service in
accordance with its
Grievance Policy.
Privacy Policy
instantwalletpay.com Limited (“instantwalletpay”, “we”, “us”, “our”), respects every
individual’s
right to privacy and it is our endeavour to protect their personal and Sensitive personal data or
information (defined below).
This Privacy Policy (“Policy”) applies to all visitors (i.e. those who do not have an
Account with instantwalletpay) and users (i.e. those who have an Account with instantwalletpay) (collectively
referred
to as “User”) who share their personal and Sensitive personal data with us, while
visiting, accessing, browsing and using our website and mobile application (collectively referred to as
“Website”). The purpose of this Policy is to inform Users regarding collection, use,
storage, transfer and disclosure of their data. Before submitting any information to us, please
carefully
read this Policy to understand how we shall treat your information.
The User acknowledges that this Policy is a part of instantwalletpay’s Terms & Conditions available
at Terms & Conditions and all
terms defined in the Terms of Use have the same meaning here in this Policy. Access, browsing and
continuous use of the Website constitutes the User’s unconditional consent to this Policy read together
with the Terms of Use. If the User does not agree with the terms of this Policy, please do not visit and
use our Website. This Policy can be easily accessed at various places on our Website, including but not
limited to when Users create an account with us on our Website.
instantwalletpay reserves its right to modify, alter, and update this Policy at any time, with or without
prior
notice. Although, Users shall be notified of material changes through their registered email address or
any other mode of communication available with us, it is advised that they consult this Policy regularly
to be updated about the changes. If a User continues to use or avail the services of the Website after
any
modification, amendment, alteration or change of this Policy, irrespective of whether notice was sent to
the User or published on the Website, such User is hereby deemed to provide consent to this Policy and
instantwalletpay’s other Policies and practices existing at the time of visiting, accessing and/or using the
Website.
This Policy is published in compliance of:
Section 43A of the Information Technology Act, 2000
(“Act”)
Regulation 4 of the Information Technology (Reasonable Security
Practices and Procedures and Sensitive Personal Information) Rules, 2011 (“SPI
Rules”)
Definitions
Personal Information
SPI Rules define “Personal Information” as any information that relates to a natural person,
which,
either directly or indirectly, in combination with other information available or likely to be
available with a body corporate, is capable of identifying such person. Such information
includes
name, address, mobile number, etc.
Sensitive personal data or information
SPI Rules define “Sensitive personal data or information” of a person as personal information
which
consists of information relating to:
passwords;
financial information such as bank accounts or credit card or
debit
card or other payment instrument details;
physical, physiological and mental health condition;
sexual orientation;
medical records and history;
biometric information;
any of the information received under above clauses by body
corporate for processing or storage under lawful contract or otherwise.
Information which is freely available in the public domain or furnished under the Right to
Information Act, 2005 or any other law shall not be regarded as sensitive personal data or
information.
Payment Data
“Payment Data” is defined as end-to-end transaction details and information pertaining to
payment
or settlement transaction that is gathered / transmitted / processed as part of a payment
message /
instruction. Payment Data includes - Customer data (Name, Mobile Number, email, Aadhaar Number,
PAN
number, etc. as applicable); Payment sensitive data (customer and beneficiary account details);
Payment Credentials (OTP, PIN, Passwords, etc.); and, Transaction data (originating &
destination
system information, transaction reference, timestamp, amount, etc.).
Consent for collection of Personal Information
Users provide their consent to the use, disclosure, storage, possession, receiving, dealing or handling
of their Personal Information by accessing, browsing, or availing services on the Website.
In accordance with Rule 5 of SPI Rules, Users provide their specific consent to the use, disclosure,
storage, possession, receiving, dealing or handling of their Sensitive personal data or information for
lawful purposes enumerated in this policy through checking the box affirming such consent appearing at
the
time of creation of their Account on the Website.
instantwalletpay presumes adequate and lawful parental consent in case the Personal Information or Sensitive
personal data or information is shared by a User under the age of 18 years.
Types of information we collect
The Users who access and use our Website are required to submit certain Personal Information and
Sensitive personal data or information for creating an Account, entering into transactions with us and
obtaining customer support services. Personal Information and Sensitive personal data or information
which
may be collected by us includes:
full name and age;
username and password;
PAN;
password of User’s account registered with us;
postal address;
E-mail address;
mobile number;
internet protocol (IP) addresses (through cookies);
URL of website accessed prior to and post Users’ accessing our
Website;
credit/debit card number, credit/debit card expiration date and/or
other payment instrument details;
User’s feedback, queries, e-mails, letters, suggestions provided to
us;
third party information about concerned User’s activities or postings
on the Website;
Information about the mobile/tab device the App is installed on or
mobile device
identifier.
any other information relevant for accessing and using our Website as
maybe required by us.
Purpose of collection
We shall collect your Personal Information or Sensitive personal data or information only for specific,
clear and lawful purposes. These include:
to give the User a safe, efficient, smooth and personalised
experience
while using our Website;
to improve our services and products;
to respond to your queries or complaints generally related to our
services, etc;
to send promotional emails containing information about our existing
and new products/services, newsletters, notify changes in this Policy or other policies etc;
to analyse the traffic on our Website and conduct market research
regarding users’ demographics, interests, and behaviour;
to create new products and services;
to provide customer support services;
to detect, prevent and address error, fraud, criminal activity, abuse
of our services and technical issues;
to enforce Terms of Conditions;
to provide co-branded services in affiliation with more than one
corporate entity;
other such lawful purposes as described at the time of collection of
Personal Information or Sensitive personal data or information.
How information is collected
We collect information which the User voluntarily provides us at the time of visiting, accessing,
browsing and using our Website, our social media profiles, and customer support service. We also collect
data automatically by analysing your online behaviour (through cookies).
The User has an option to not provide us with certain information or withdraw consent to provide
certain
information at any time, in accordance with the terms of this Policy. In case consent is withdrawn, we
shall retain your Personal Information or Sensitive personal data or information for a period deemed
appropriate by us or as mandated by law. On revoking of your consent, we reserve the right to limit
access
to the various features and services provided on the Website.
Disclosure of information
You expressly consent to and authorize us to share your Personal Information and Sensitive personal
data
or information with our trusted affiliates and any other third party, to the extent and for the lawful
purposes as stated in this Policy. We shall not disclose any Personal Information or Sensitive personal
data or information to any government institution or authority, except where such disclosure is (i)
obligated by law, (ii) requested by a lawfully authorized government authority, (iii) pursuant to a
judicial decree, (iv) for enforcing and protecting the legal rights of instantwalletpay or others’, (v) for
seeking any relief, (vi) for defending any charge, (vii) for opposing any claim, (viii) for enforcing
this
Policy or our Terms of Use, (ix) for obtaining any legal advice. We also reserve our right to disclose,
share or transfer your Personal Information or Sensitive personal data or information to a third party
due
to any change in ownership, merger, restructuring or sale of our business assets.
Use of cookies and other technologies
To improve the effectiveness and usability of the Website for our Users, we use “cookies”, or similar
technology to collect information and assign each visitor a unique random number called as a User
Identification (User ID) in order to understand the User's individual interests. Our web servers
automatically collect limited information about the User’s computer connection to the Internet,
including
User’s IP address, when the User visits the Website (User’s IP address is a number that lets computers
connected to the internet know where to send data to the User such as the web pages viewed by the User).
Users may encounter “cookies” or other similar devices on certain pages of the Website that are placed
by
third parties. We do not control the use of cookies by third parties and disclaim any obligation or
liability associated thereto.
Links to other websites
The Website provides links to other websites which may or may not collect information about the User.
The
User acknowledges that this Policy does not cover the collection and use of information by such sites
and
that we shall not be responsible for the privacy policies, practices or content of the linked websites.
Correction and updation of information
The User shall promptly notify us in case any Personal Information or Sensitive personal data or
information supplied by such User as maintained in our records is inaccurate, misleading or incomplete.
Further, the User may also review, update or modify the information by logging into their Account on the
Website. We shall not be responsible for the authenticity of Personal Information or Sensitive personal
data or information supplied by a User.
Retention of information
Your Personal Information and Sensitive personal data or information may be retained and used until:
(i)
the relevant purposes for the use of your information described in this Policy are no longer applicable;
and (ii) we are no longer required by applicable law, regulations, contractual obligations or legitimate
business purposes to retain your information; and (iii) the retention of your information is not
required
for the establishment, exercise or defense of any legal claim.
Mailers
instantwalletpay may send direct mailers to the User at the email address given by the User. The User has the
option to opt-out of this direct mailer by way of links provided at the bottom of each mailer or any
other
means as instantwalletpay deems appropriate. instantwalletpay respects every User’s privacy and in the event that
User
chooses to not receive such mailers, instantwalletpay will take all steps to remove the User from the list. If
a
User wants to remove his/her/it’s contact information from all mailing lists and newsletters, the same
can
be done through “Profile” page of his/her/it’s account with instantwalletpay.
Advertising
We use third-party advertising companies to serve ads when you visit our Website. These companies may
use
your anonymized information (i.e. information which does not include your name, address, email address
or
mobile number) in order to provide advertisements about goods and services of interest to you. Such
anonymized information is usually in the form of aggregated statistics on traffic to various pages
within
our Website.
Data Localization
In compliance with Reserve Bank of UK’s circular RBI/2017-18/153
DPSS.CO.ODNo.2785/06.08.005/2017-2018
dated April 6, 2018, all Users, including system participants, service providers, intermediaries,
payment
gateways, third party vendors and other entities in the payments ecosystem, who are retained or engaged
by
instantwalletpay for providing payment services shall mandatorily store entire Payment Data in systems located
only in UK. Notwithstanding the above, for cross border transaction data, consisting of a foreign
component and a domestic component, a copy of the domestic component may also be stored abroad, if
required.
How we secure the information
The Website has put stringent security measures necessary to prevent misuse, unauthorised access,
modification, disclosure or destruction of your Personal Information and Sensitive personal data or
information in our control. All information collected by us is stored on servers secured behind a
firewall; such servers are password-protected and access is strictly limited based on need-to-know
basis.
We may undertake periodic review of our security safeguards and this Policy to incorporate such future
changes as may be appropriate to ensure that integrity of your Personal Information and Sensitive
personal
data or information is intact. In case of any security breach which is likely to cause harm to the User,
we shall notify the User of such breach as soon as practicable and take necessary measures to remedy the
breach or mitigate any immediate harm.
If you seek any clarifications regarding this Policy or wish to raise any issue or grievance with
respect
to illegal access, use or disclosure of Personal Information, please e-mail at [email protected]
We shall attempt to resolve any issues within a period of thirty (30) days from the date of receipt of
the question, concern, grievance or report.
Grievance Policy
instantwalletpay believes that excellence in customer service is an important imperative for sustained
business growth. As a
service organization, customer service and customer satisfaction are our prime focus. Our goal is to
ensure that our
customers receive exemplary service across all our touch points. This policy encompasses a
structured
grievance
redressal mechanism and a framework for addressing customer grievances/complaints.
instantwalletpay will treat the customers in a transparent and fair manner, and will deal with customer
complaints with
courtesy and in a timely manner.
Redressal Mechanism for grievances:
The customer can contact the below mentioned two levels for effective resolution of their
complaints:
Level |
Response Time |
Description |
Contact details |
Level 1 |
Less than 24 hours |
24x7 Customer Service |
[email protected] |
Level 2 |
Less than 48 hours |
Manager - Customer Service |
[email protected] |
If customer’s issue is not resolved even after contacting the above complaint
resolution
channels, or
in the timelines
mentioned above or the customer is not satisfied with the response, the Complaint may be escalated
to
the Nodal officer
at:
Level |
Response Time |
Description |
Contact details |
Level 3 |
Less than 72 hours |
Nodal Officer |
[email protected]
|
Report a Fraud:
In case of any fraudulent or unauthorised transaction the customer can directly report to
[email protected] or can call
the helpline no. 011-40849944.
T&Cs - Prepaid Cards
These Terms and Conditions (hereinafter referred to as “T&Cs” or Terms) in
addition to the General
Terms and Conditions
as set out above are applicable to the usage of the “instantwalletpay Prepaid Cards”. We
would like you to
read these T&Cs
thoroughly prior to the usage of the instantwalletpay Prepaid Card as these Terms are legally binding. The
instantwalletpay Prepaid
Card is issued by instantwalletpay.com Limited, a company incorporated under the laws of UK, with its
registered office
at 107A Gaisford Street London, UK NW5 2EG (“instantwalletpay”)
in association
with its banking
partner(s) (“Bank”).
Definitions
Prepaid Payment Instrument (“PPI”): PPIs
(“Prepaid Card” or
“Account” or “Wallet”) are payment instruments that
facilitate purchase of goods and services, including financial services, remittance
facilities
etc. against the value
stored on such instruments.
Know your Customer (“KYC”): KYC shall mean
Know
Your Customer
guidelines adopted by the Bank for the purpose of
identification and verification of the Customer, pursuant to the guidelines, circular and
notifications, issued by the
Reserve Bank of UK, from time to time.
Personal Identification Number (“PIN”): PIN
is a
numeric password which is part of the kit handed over to the customer
by the bank while issuing the PPI.
Holder or Customer: Individuals or
organizations
who
obtain or purchase these PPIs and use the same for purchase of goods and services,
including financial services, remittance facilities etc. against the value stored on such
instruments.
Obligation of the Customer who purchases Prepaid Payment
Instrument:
Prepaid Instrument (PPI) shall be issued to a Customer at the sole discretion of the Bank
post
complying with “Know Your
Customer” guidelines.
instantwalletpay shall levy a fee for issuance/usage of the PPI as per Schedule of Charges
communicated
by instantwalletpay to the
Customer from time to time on its website.
The Bank shall issue a PIN to the Customer wherever applicable for operating the PPI. The
Customer
shall take reasonable
precaution to prevent misuse of the PIN. The Customer shall be solely responsible for any
consequences arising directly
or indirectly out of the disclosure of the PIN and/or unauthorized use of PPI as a result of
any
misuse for want of
reasonable care and precaution. The Customer disclaims liability of instantwalletpay or the Bank
for any
unauthorized use of
PPI and for any loss or damage incurred directly or indirectly as a result of such misuse.
The Customer shall be responsible for the safe custody of the PPI. In case of loss or theft
or
misuse of the PPI, the
Customer shall immediately block the PPI from the instantwalletpay web or mobile application or
inform
any of the
branch/customer service of the Bank. The Customer shall be responsible and liable for all
unauthorized transactions till
the time the customer reports the unauthorized transaction to the Bank. A new PPI shall be
issued
to the Customer, in
lieu of lost/stolen one upon request placed through the instantwalletpay web or mobile application
and
payment of applicable
fee as per the Schedule of Charges.
The PPI can be used at any of the ATMs for permitted transactions depending on the type and
features of the PPI. The
charge slip dispensed by the ATM during usage of the PPI shall not be construed as an
evidence of
the transaction. The
records of transactions maintained by the Bank shall be conclusive and binding for all
purposes.
The Bank shall not pay any interest on the balance outstanding in the PPI at any point in
time.
The Bank will intimate the Customer through a SMS or Email on the registered mobile number,
45
days prior to expiry of
validity period of the PPI. Customer needs to utilize the balance amount prior to expiry of
the
instrument. In case
Customer does not utilize the balance amount within the validity period, the Customer can
approach
the bank for refund
or transfer of outstanding balance. In case the Customer does not approach the bank within a
specified period as
prescribed by the regulator, the outstanding balance will be transferred to a fund in
compliance
with the regulatory
guidelines.
Any claim for compensation made by the customer shall be settled purely as per the
provisions of
the Compensation Policy
of the Bank.
All card holders will be covered under Customer liability policy of the Bank. For more
details on
customer liability
policy please refer to the respective Bank’s website.
Confidentiality: The Customer hereto shall keep strictly confidential all
information including
but not limited to that
which may be disclosed or confided to it by the other in the course of the performance of the
obligations (“Confidential
Information”) under these T&Cs. The Customer shall not disclose Confidential Information to any
third party without
prior approval of the Bank and instantwalletpay. This clause shall survive the termination of PPI.
Information may not be
considered as Confidential Information is the same is:
Already in public domain;
Required to be disclosed by the Customer under any laws, rules or regulations or
pursuant to the
order or direction, of
any Court, authority, tribunal or forum.
Change in information: The Customer shall always inform instantwalletpay or the Bank of
any
change in the
Customers mailing
address. Further, the Customer shall also inform instantwalletpay or the Bank about any change in the
details such as name,
mobile number or email address.
Prohibition against assignment: The functions, rights or obligations under these
T&Cs
shall not be
assigned or delegated
to any party or person by the Customer without the express prior written consent of the Bank. Any
purported assignment
or delegation is a contravention of the terms under this T&Cs’ and shall be null and void.
Suspension or Termination or Cancellation or Discontinuance of the PPI: Bank may,
if
it is satisfied
that it is
necessary to do so, at any time and on such conditions as it thinks fit, suspend or deny or
terminate
the PPI under the
following circumstances:
In the event of the Customer being declared insolvent or in the event the Bank receives any
notice/intimation about the
death of the Customer;
In the event of the Customer committing breach of any of the terms, conditions, stipulations
or
its obligations under
these Terms;
In the event of any restriction imposed on the Customer by an order issued by any regulatory
authority or a Court in
UK or by any investigating agency.
Indemnity: The Customer shall indemnify and keep the Bank, its directors,
officers, employees and agents indemnified of,
from and against any cost, expenses, charges, which the Bank is required to incur or has incurred to
defend any such
claim, suit, demand, prosecution, proceedings, due to any act of omission or commission, fraud,
negligence or default on
the part of the Customer as a holder of the Prepaid Instrument.
Force Majeure: Notwithstanding anything contained herein, Bank shall not be liable
to
the Customer for any harm, loss,
damage or injury caused due to causes beyond its control such as tide, storm, cyclone, flood,
lightning, earthquake,
fire, blast, explosion or any other act of God, war, rebellion, revolution, insurrection, embargo or
sanction, blockade,
riot, civil commotion, labor action or unrest including strike, lock-out or boycott, interruption or
failure of any
utility service, enemy action, criminal conspiracy, act of terrorism or vandalism, sabotage,
hacking,
unanticipated
technological or natural interference or intrusion, loss or damage to satellites, loss of satellite
linkage or any other
data communications linkage, loss of connectivity or any other irresistible force or compulsion.
Service of Notice: Any notice or communication required to be given under these
T&Cs
shall not be
binding unless the
same is in writing and shall have been served by hand delivery against acknowledgement or by
registered post at the
Registered Office address of respective bank (in case a notice is to be served to the bank) and to
address recorded with
the bank in case notice is to be served to the Customer.
Grievance Redressal: Any complaint, dispute, grievance can be addressed to
instantwalletpay
or the
respective Bank through its
Customer Service in accordance with the Grievance Redressal Policy of the entity to which the
grievance
is being raised.
Governing Language: All deeds, documents and writings that may be executed and all
correspondence that
may be exchanged
between the Customer and the bank hereto in relation to the subject matter of this T&Cs shall be in
English language,
which shall be the governing language between the Customer the bank hereto.
Changes to “T&Cs”: The Bank and instantwalletpay reserves the right, in its sole and
absolute discretion to
amend, delete,
modify, vary, or supplement any of the T&Cs at any time and will endeavor to give prior notice of
seven days for such
changes. Please refer to the exhaustive T&Cs displayed on the website of the respective Bank for the
latest and
comprehensive applicable terms and conditions.
T&Cs - Digi Kendra
1. DIGI KENDRA TERMS AND CONDITIONS
instantwalletpay.com Limited (“instantwalletpay”) is a neo-banking platform delivering full-stack banking
services to individuals and businesses. instantwalletpay is authorised by multiple banks to act as a
Corporate Business Correspondent (“CBC”) and appoint Agent Business Correspondents (“ABC”) to
deliver
mainstream financial and citizen services to Customers under the guidelines issued by RBI vide
RBI/2010-11/217 DBOD. No. BL.BC.43/22.01.009/2010-11 dated September 28, 2010, and the
related
constraints therein, with such further changes as may be initiated by the RBI respectively from time
to time.
“Digi Kendra(s)” shall mean and include the Users registered on the instantwalletpay
Platform who are authorised by instantwalletpay
and the Bank to operate as ABC(s) under the above-mentioned guidelines for providing banking and
citizen services
envisaged in these Digi Kendra Terms and Conditions.
Subject to the compliance of applicable regulations and basis the representations and the
affirmations given by the Digi
Kendra about it having the requisite capability to provide the services further and to carry out
various other
activities as mutually agreed to between the Digi Kendra and the Company, the Digi Kendra is
desirous
of facilitating
the sale of services of the Bank(s).
These Digi Kendra Terms and Conditions (“Digi Kendra Terms and Conditions”) as set out below are in
addition to the
Terms and Conditions as set out above and are applicable to all the Digi Kendras registered on the
instantwalletpay Platform.
DIGI KENDRA OBLIGATIONS AND DUTIES
The Digi Kendra shall only
undertake the activities in accordance with all the applicable Terms, relevant regulations
and standard operating procedures issued by the Bank or the Regulators from time to time.
The Digi Kendra shall take an appropriate insurance policy in order to protect itself from
any
business impediments,
financial and non-financial risks.
The Digi Kendra shall operate at its own cost as may be required by the Company or the Bank
to
effectively deliver the
services to the Customers.
The Digi Kendra shall ensure that any additional resource(s) engaged by the Digi Kendra,
subject
to prior written
approval from the Company, are selected through a process found suitable by the Company for
providing the services in a
timely and efficient manner.
The Digi Kendra shall be solely responsible for compliance with all applicable labour laws
in
relation to the personnel
it employs along with the associated costs. instantwalletpay will not have any right, obligation
or
responsibility whatsoever
to control, supervise or manage the Digi Kendra’s employees, agents or independent
contractors.
The Digi Kendra may utilize any third-party software other than the Software for providing
the
Services only after prior
written permission of the Company. The Digi Kendra shall ensure that such third-party
Software is
validly licensed,
procured and installed. It shall ensure that the use of third-party Software shall not
affect or
damage instantwalletpay’s
Software.
The Digi Kendra shall act prudently in accordance with these Terms and Conditions and shall
exercise all due diligence
in carrying out its duties and obligations under these Terms and Conditions. The Digi Kendra
agrees that they will
preserve the data in accordance with the legal/regulatory obligations of the Company and as
required under various
circulars, guidelines, notifications etc. issued by the Bank or other regulatory
authorities.
The Digi Kendra shall not exercise any lien or right to set-off or appropriation on any of
the
assets, properties,
documents, instruments or material belonging to the Company and/or the Customers and/or
non-Customers in the custody of
the Digi Kendra for any amount due or claimed to be due by the Digi Kendra from the Bank.
The Digi Kendra shall promptly provide the details provided by the Company indicating the
charges
(if any) for the
Services rendered to each and every Customer. The Digi Kendra shall ensure that the charges
for
offering Services are
clearly communicated to the Customer prior to rendering the services.
The Digi Kendra shall not charge any fee from the Customer either directly or indirectly or
on
behalf of the Company
over and above the fee specified by the Company from time to time.
The Digi Kendra undertakes to perform the Services in accordance with the instructions
provided by
the Company from time
to time.
The Digi Kendra undertakes that any software or hardware used by the Digi Kendra shall
comply with
the industry
standards and will be updated regularly.
The Digi Kendra shall immediately notify the Company of any breach of security and leakage
of
confidential information.
In such eventualities, the Digi Kendra shall be liable for all the damages and
repercussions.
The Digi Kendra shall familiarize itself with the
Grievance Policy
of the
Company; the Digi Kendra
shall communicate
this policy to each and every Customer and shall notify the Company within the specified
time
period of any
claims/complaints/grievances made by the Customers.
The Digi Kendra undertakes that any Customer information taken shall be strictly protected
as per
the Terms and
Conditions and the Digi Kendra would not source any other personal sensitive information
from the
Customers.
In no event shall the Digi Kendra indulge or enter into any financial transaction with any
of the
instantwalletpay employees,
associates, agents and/or personnel. instantwalletpay shall not be liable for any damages, losses
(direct or indirect)
whatsoever caused to the Digi Kendra arising out of such transactions.
The Digi Kendra shall treat all the Customers with dignity and respect and shall not resort
to any
kind of intimidation
or harassment, either verbal or physical against any person.
If any legal proceeding is instituted by any Customer, the Digi Kendra shall immediately
intimate
the same to the
Company and provide all documents and information to enable the Company to take appropriate
action. The Company shall
not be liable for any dispute arising between the Digi Kendra and any other entity / third
party.
The Digi Kendra shall
not make any representation to the Customers or otherwise give any warranties other than
those
contained in the standard
terms and conditions laid down by the Company.
CASH MANAGEMENT
instantwalletpay shall from time to time authorise certain Digi Kendras for cash management
activities
and to further extend
the reach of banking services to the Customers for greater financial inclusion. Such Digi
Kendras
shall:
Collect and/or dispense cash at other Digi Kendra outlets in the assigned territory to
ensure
uninterrupted delivery of
banking and citizen services to the Customers as per the mutually agreed terms.
Confirms that it assumes all the risks associated with cash logistics and shall take an
appropriate insurance policy in
order to protect itself from any business impediments, financial and non-financial risks.
Be solely responsible for providing genuine currency to all the Digi Kendras and hence to
the
Customers towards the
Transactions performed and the Company shall not assume any responsibility in this regard.
Ensure that the credit or debit against the cash collected or dispensed to the other Digi
Kendra(s) happens on an
immediate basis at the time of handing over the cash.
SETTLEMENT
The payment mechanism for settlement of the fee payable by the Digi Kendra or the Company as
applicable shall be as
follows:
The Company shall make available to the Digi Kendra a report in electronic form setting
forth the
following information
relating to each Transaction: The Transaction amount, date and time of the Transaction,
Transaction serial number,
Service Provider identification and response code ("MIS"). The MIS shall be made available
to the
Digi Kendra via an
online portal. The format and controls on the portal and process will be as provided by the
Company and as updated from
time to time.
The Digi Kendra shall maintain sufficient credit/balance with the Company so as to enable
each
Transaction to be carried
out smoothly. The Company reserves the right to decline any Transactions done over and above
the
balance of Digi Kendra
available with the Company.
The Digi Kendra hereto agrees that any payment instructions for Transactions accepted by the
Digi
Kendra as per the
terms hereof which are subsequently disputed due to (a) the authorization by the Digi Kendra
of
any Transaction with an
amount exceeding the Digi Kendra’s account balance or credit limit, or (b) the authorization
by
the Digi Kendra of a
fraudulent Transaction, shall always be the liability and responsibility of Digi Kendra.
The Digi Kendra hereby acknowledges and agrees that instantwalletpay is a facilitator for payment
processing services which
are requested and authorized by Digi Kendra and instantwalletpay 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 Digi Kendra to ensure due protection while
transacting online or
otherwise. instantwalletpay will assist the Digi Kendra in settling any queries related to the
Services
that arise between the
Digi Kendra and its Customers and any other Digi Kendra. However, instantwalletpay shall bear no
responsibility with respect
to the dispute or query related to the payment made by the Customers to the Digi Kendra.
On the receipt of the Chargeback from the customer, Digi Kendra shall be notified by the
Company.
The Digi Kendra shall
be entitled to furnish documents and information pertaining to the Transaction associated
with the
Chargeback within one
(1) working day or such other period as specified by the bank whichever is higher. The Digi
Kendra
agrees and
acknowledges that (i) if the Digi Kendra is unable to furnish Chargeback Documents (ii) the
bank
is not satisfied with
the Chargeback documents furnished by the Digi Kendra, then the bank shall be entitled to
order
the instantwalletpay to affect
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.
DATA SECURITY AND STORAGE
The Digi Kendra shall comply with the provisions contained in the Information Technology
Act, 2000
and the statutory
rules framed thereunder, from time to time, in so far as the same has applied to its
operations in
accordance with all
these Terms and Conditions, and also with all other Laws, rules and regulations, whether
already
in force or which may
be enacted from time to time, pertaining to data security and management, data storage,
sharing
and data protection, and
various rules, regulation and provisions as may be applicable, as and when the same is
enacted
into law and comes into
force, and shall ensure the same level of compliance by all its employees.
The Digi Kendra confirms and certifies that it will never engage in any acts that violate
any laws
and regulations. It
shall also ensure that the financial data or any other information of the Customers received
by
the Digi Kendra are
stored in a system only in UK. This data shall include a full end to end transaction
details/information
collected/carried/processed as part of the message/payment instructions.
TERMINATION
The Digi Kendra agrees that instantwalletpay, in its sole discretion, for any or no reason, and
without
penalty, may suspend
or terminate the account (or any part thereof) or the use of the instantwalletpay Platform.
instantwalletpay
may also in its sole
discretion and at any time discontinue providing access to the instantwalletpay Services, or any
part
thereof, with or without
notice. Digi Kendra agrees that any termination of the access to the instantwalletpay platform may
be
effected without prior
notice, and Digi Kendra agrees that instantwalletpay shall not be liable to the Digi Kendra or any
third
party for any such
termination or interruption. Any suspected fraudulent, abusive or illegal activity may be
referred
to appropriate law
enforcement authorities. These remedies are in addition to any other remedies instantwalletpay may
have
at law or in equity.
Upon termination for any reason, Digi Kendra agrees to immediately stop using the instantwalletpay
Services and Platform.