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This document prescribes the “ Terms and Conditions”, which shall be applicable to all deals initiated by the Stoner through Bharat Interface for Money operation (“ BHIM App” or “ the App”) developed by Public Payments Corporation of India (“ NPCI”) and using Unified Payments Interface (“ UPI”) services as a mode for the transfer of finances. The Stoner is advised to precisely read and understand these Terms and Conditions before using the BHIM App. By downloading the App, the Stoner will be supposed to have read, understood and accepted the terms and conditions, mentioned herein below and will be bound by these terms and conditions, as amended from time to time, as displayed on NPCI’s website and the continued use of the BHIM App constitutes acceptance by the Stoner of any similar correction. Operation of UPI services via BHIM App by the Stoner shall be farther subject to UPI guidelines issued by NPCI from time to time.
“ Aadhaar” means the Unique Identity Number (UID) issued by Unique Identification Authority of India (UIDAI), a statutory body constituted by government of India under Aadhaar Act 2016;
“ Quantum”means the payment quantum in question which is needed to be transferred from the Payer to the Receiver via the Master Merchant or Merchant as a part of the UPI Sale.
“ Authorization/ Authorized Deals” means the process by which Issuing Bank approves a Sale.
“Beneficiary Bank”means the account holding Bank of the receiver where the payment instruction through UPI services for crediting the account is entered from the Payer to be executed either in real time base or periodically with a agreement process.
“ Chargeback” means approved and settled UPI deals which are at any time refused, debited or charged back to Master Merchant’s account by the Issuer, Acquiring Bank or NPCI for any reason whatsoever including penalties and other charges incidental thereto.
” Commission” means the commission, freights, charges or impositions outstanding to Bank, for easing a Sale.
“ Master Merchant Account means Bank account of the Master Merchant for collecting Freights, charges and other impositions. In case the Master Merchant intends to use this Master Merchant Account to settle UPI deals, for which the Master Merchant is the Receiver, also the Master Merchant Account shall also be used for agreement of deals using UPI Services.
“ Trafficker” means a trafficker established under the law and has an agreement with Master Merchant to accept payment through UPI Services for the trade of products or services to its Druggies.
“ Merchant Account” means Bank account of the Merchant for collecting Freights, charges and other impositions. In case the Merchant intends to use this Merchant Account to settle UPI deals, for which the Merchant is the Receiver, also the Merchant Account shall also be used for agreement of deals using UPI Services.
“ NPCI” means National Payments Corporation of India, a company incorporated in India under Section 25 of the Companies Act, 1956 ( now Section 8 of Companies Act 2013) NPCI acts as the agreement, clearing house, regulating agency for UPI services with the core ideal of consolidating and integrating the multiple payment systems with varying service situations into nation-wide livery and standard business process for all retail payment systems.
“ Payer” means any person holding a banking account and who desires to pay plutocrat to the Receiver for purchase of goods or services online using the UPI Services, being offered by the Master Merchant or the Merchant on its website or mobile operation thereto.
“ Payment Service Provider” or “ PSP” means realities which are allowed to issue virtual addresses to the Druggies and give payment ( credit/ disbenefit) services to individualities or realities and regulated by the Reserve Bank of India, in agreement with the Payments and Agreement Systems Act, 2007.
“ Demesne” means the place of business of the Master Merchant or Merchant.
“ Receiver”means any person or the Trafficker holding a banking account, who are desirous to admit payments from the Payer using UPI Services. In case the Payer is Stoner of the Merchant and is paying plutocrat to the Merchant for purchase or application of goods and services from the Merchant, the Merchant shall be the Receiver.
“Remitter Bank”means the account holding bank of the Payer where the Disbenefit of the UPI instruction is entered from the Payer for prosecution on real time base.
“ Service Providers” means banks, fiscal institutions and software providers who are in the business of furnishing information technology services, including but not limited to, internet grounded electronic commerce, internet payment gateway and electronic software distribution services and who have an arrangement with bank or with NPCI to enable use of UPI Software developed by them to route UPI Deals.
“ Sale” means every payment instruction that results in a disbenefit ( banningNon-Financial deals) to the Payer’s Account and a corresponding credit to the Receiver’s Account.
“Non-Financial Deals” means any deals which is initiated on the app but doesn’t affect in debiting/ crediting of Stoner accounts.
“ UPI Pin” means authentication credentials, word,etc., as handed by Stoner Account holding Bank (“ Issuer Bank”), which shall be needed by the Stoner for completion of the transfer of finances through UPI;
“ UPI Services” means Unified Payment Interface, amulti-platform exploitable payment network result which is being handed by NPCI for the purpose of interbank fund transfer of finances i.e., pay someone ( drive) or collect from someone ( pull) sale, pursuant to the rules, regulations and guidelines issued by NPCI, Reserve Bank of India and the Bank, from time to time;
“ Stoner” inclusively relate to Payer (s) and Receiver (s) using UPI services on Master Merchant Platform for initiating and executing UPI deals.
“ Virtual Payment Address” means a unique Payment Identifier issued by a PSP to a Payer or a Receiver that, among other effects, can be used to identify the disbenefit or credit to a bank account.
Connection of terms
These terms and conditions are applicable to the being and eligible guests of the member Banks of NPCI offering the UPI Services of NPCI. These Terms shall be in addition to and not in denigration of the
The BHIM App may only be used by account holders or guests of those Banks offering UPI Services of NPCI. Authorization to the Stoner to use the BHIM App is subject to the fulfilment of all the terms and conditions laid down by the Stoner’s Account Holding Bank, including the submission of the necessary documents and information needed by the Bank from time to time. At all times, Stoner shall be liable for any sale done through BHIM App and shall compensate NPCI for all loss/ damage caused by any unauthorized use of BHIM App. Transfer of finances via BHIM App is subject to the restrictions like maximum quantum or maximum diurnal or periodic limits that may be assessed by the BHIM App or the Remitting bank from time to time, at its sole discretion.
To use BHIM app, the Stoner must complete the enrollment formalities, in similar form, manner and substance as may be specified by NPCI, and NPCI shall be entitled, at its sole discretion, to accept or reject similar operations.
Stoner will have an option to set up a Virtual Payment Address (“ VPA”) and start sale via BHIM App. Stoner has the option to link other bank accounts through a enrollment process defined and formalized by NPCI and conduct deals via BHIM App.
NPCI reserves the right to modify the compass of the BHIM App at any time.
Disclaimer of Warranty
The BHIM App is handed on an”as is” base with no representation, guarantee or bond of any kind, either express or inferred, as to its functionality. Downloading or using the App doesn’t automatically entitle the Stoner to admit any attestation, telephonic/ specialized support or interpretation updates to the App from NPCI. No bond is handed that the App will be free from blights or contagion or that operation of the App will be continued. Use of the App by the Stoner is at the Stoner’s own discretion and threat and the Stoner is solely responsible for any damage performing from the use of the App.
The Stoner authorizes NPCI to act as a PSP and disbenefit Account (s) as per instructions entered by way of Payment Orders. The Stoner understands that although multiple bank accounts can be linked with the UPI Services, disbenefit/ credit deals can be done from the dereliction account only. Stoner may change the dereliction account before initiating similar disbenefit/ credit deals.
Stoner agrees to assume and take over all consequences and threat of performing UPI deals through BHIM App and shall be solely responsible for any liability incurred by Issuer Bank in prosecution of any instruction issued via BHIM App. The Stoner understands and agrees that once a fund collection/ transferring request is accepted under UPI Services, the dereliction account will automatically be credited/ debited with similar quantities as may be mentioned in the fund collection/ transferring request. The Stoner understands and agrees that similar quantities formerly credited/ debited to dereliction account can not be reversed by the Stoner.
The Payer shall give correct Receiver details at the time of initiating sale using BHIM App Services. The Payer shall be solely responsible for entering wrong Receiver details like incorrect Virtual Payment Address, incorrect Aadhaar number or incorrect mobile number,etc. due to which the fund may be transferred to an incorrect devisee.
The Payer shall not hold NPCI responsible for any damage, claim, and issue arising out or in connection with any purchase of goods/ Services from Merchant (s) through Payment Orders initiated via BHIM App. Payer understands and agrees that all similar claims, losses, damages, arrears and issues shall constitute a claim only against similar Trafficker (s) and not against NPCI.
Stoner agrees and accepts that the UPI Services is handed by NPCI in line with the RBI’s guidelines on mobile banking which are subject to change from time to time.
Stoner shall inform his/ her account holding Bank incontinently of any inquiry, question or issue raised by any authority including but not limited to any statutory authority. Stoner shall not unilaterally file any response/ reply to such an authority without the previous blessing and vetting by NPCI in case it relates to the functions of NPCI.
The Stoner shall be solely liable for icing vacuity of sufficient finances in the Account (s) at all times for the purpose of serving the Services. The Stoner agrees that in the event there are inadequate finances in the Account, NPCI shall decline the sale instruction and Stoner may be liable for execution under the vittles Payment and Agreement Systems Act, 2007 read with Negotiable Instruments Act, 1881.
The Payer is solely responsible for the delicacy and authenticity of the payment instructions issued via BHIM App. Once a payment instruction is issued, the same can not be latterly abandoned by the Payer. NPCI accepts no liability for any consequences arising from incorrect information handed by Payer in payment instructions.
NPCI countries that it has no liability or obligation to keep a record of the instructions to give information to the Stoner or for vindicating the instructions. All instructions, requests, directives, orders, directions, carried out by the Stoner via BHIM App, are grounded upon the Stoner’s opinions and are the sole responsibility of the Stoner.
Disclaimer of Liability
NPCI doesn’t hold out any bond and makes no representation about the quality of the UPI Services or BHIM operation. The Stoner agrees and acknowledges that NPCI shall not be liable and shall in no way be held responsible for any damages whatsoever whether similar damages are direct, circular, incidental or consequential and irrespective of whether any claim is grounded on loss of profit, interruption of business, sale carried out by the Stoner, information handed or bared by Issuer Bank regarding Stoner’s Account (s) or any loss of any character or nature whatsoever and whether sustained by the Stoner or by any other person. While NPCI shall endeavour to instantly execute and reuse the deals as instructed to be made by the Stoner, NPCI shall not be responsible for any interruptions,
The rights granted to a Stoner are “ limited,non-exclusive,non-transferable,non-sub licensable”. Stoner shouldn’t (i) indulge into any “ revision, adaption, enhancement, improvement, restatement or secondary work” of the BHIM App (ii) “ decompile, rear mastermind, dupe, disassemble, and attempt to decide the source law of, or decipher the Operation.” (iii) Remove or alter any propriety notices, legends, symbols or markers in the App, including, but not limited to any trademark, totem or brand (iv) Stoner agrees that all power of the App including all applicable intellectual property rights shall remain with NPCI. Any breach of these stated terms shall entitle NPCI to seek applicable legal conduct against the Stoner as it shall suppose fit and applicable, including and not confining the right to disable the Operation.
NPCI reserves the right to change/ modify the terms and conditions at any time without previous notice, In the event that any changes are made, the revised terms and conditions shall be streamlined on this Operation and on NPCI website. Stoner agrees to abide by the most recent interpretation of this Terms each time the Stoner uses BHIM App.
NPCI has absolute right to grant access to the Stoner to use the Operation and stoner agrees and warrants that the stoner shall not engage in any exertion that shall intrude with or disrupts the Operation. In the event of any abuse of the Operation by stoner; NPCI shall have sole and absolute discretion to take suitable action against the stoner, including and not confining NPCI’s right to seek applicable legal remedies at the druggies bring and charges. Further, nothing herein shall circumscribe NPCI’s right to cancel/ block/ blacklist/ enjoin creation of similar VPA’s which in NPCI’s sole and absolute discretion are deceiving and/ or likely to produce confusion.
The Stoner agrees, at its own expenditure, to compensate, defend and hold inoffensive NPCI, in connection with the use of the UPI Services with reference to
a violation of the Terms by the Stoner;
any elisions, additions, insertions or differences to, or any unauthorized use of, the UPI Services by the Stoner;
any misrepresentation or breach of representation or bond made by the Stoner contained herein;
any breach of any covenant or obligation to be performed by the Stoner hereunder;
The Stoner agrees to pay any and all costs, damages and charges, including, but not limited to, reasonable attorneys’ freights and costs awarded against it or else incurred by or in connection with or arising from any similar claim, suit, and action or pacing attributable to any similar claim.
This obligation shall survives termination of these terms for any reason.
UPI Services will automatically terminate if the Stoner’s account linked to the App is unrestricted or the Account holding Bank withdraws or terminates the UPI Services anytime for the Stoner’s account either entirely or with reference to a specific UPI Services.
Notwithstanding anything herein to the negative, NPCI reserves the absolute discretion to suspend or terminate the UPI Services and/ or right of access to BHIM App for any reason and at any time with notifying the Stoner.
Any termination by NPCI under these terms and conditions won’t affect any of the scores of the Stoner under this Agreement which have arisen before the effective date of similar termination.
8.4 Upon termination for any reason, all rights granted by NPCI with respect to the App shall incontinently cease and the Stoner agrees to cancel the App from any device on which the App has been installed including all factors of the App in the possession or control of the Stoner.
The laws of India shall govern these terms and conditions and the operation of UPI Services/ BHIM App by the Stoner and any legal action or pacing pertaining to UPI Services/ BHIM App or arising out of these terms and conditions shall be brought in the competent courts, bars or any other applicable forum in Mumbai, India. NPCI accepts no liability whatsoever, direct or circular fornon-compliance with the Laws of any country other than that of India.
NPCI may, still, in its absolute discretion commence any legal action or proceedings arising out of these Terms in any other court, bench or other applicable forum, and the Stoner hereby warrants to that governance.
The headlines in the clauses of these Terms and Conditions are only for convenience and don’t affect the meaning of the relative clause.
Stoner hereby agrees and warrants that he/ she shall not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other personal information belonging to NPCI.
NPCI reserves the right to expose any information as necessary to satisfy any law, regulation or governmental request.