Terms and Conditions : Applicable to all transactions on BHIM| BHIM

Please read these BHIM terms and conditions ("Terms") carefully before registering, accessing or using the Bharat Interface for Money Application (“BHIM App” or “App”) owned by National Payments Corporation of India (“NPCI”, “We”, “Us” and “Our”). These Terms govern your (“User”, “you”, “your” and “yourself”) use and access of the App. By registering on the App, accessing and/or using the App indicates that you have read, understood, accepted and agreed to be bound by these Terms. However, if you do not agree to or wish to be bound by these Terms, you may stop using the Features and uninstall the App, immediately.

ACCEPTANCE:

These Terms and Conditions are an electronic record in terms of the Information Technology Act, 2000 and the rules framed thereunder, as applicable and amended from time to time, pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

DEFINITIONS:

“Authorization” means approval of a Transaction by an Issuing Bank.
“Account” means a bank account in the name of the Payer or Beneficiary maintained with an Issuing Bank or Beneficiary Bank, respectively, and is linked to the UPI ID of the Payer or the Beneficiary, respectively, and is used for a Transaction.
“Beneficiary" means a person or an entity including a Merchant holding a valid Account, to whom the Payer initiates payment through the App.
“Beneficiary Bank” means the bank regulated by the Reserve Bank of India (‘RBI’), in which the Beneficiary holds an Account, where payment is to be credited as per the Transaction instruction received from the Payer through App.
“Merchant” means a merchant accepting UPI based payments from its customers towards sale of goods and services by such merchant.
“NPCI” means National Payments Corporation of India, a company incorporated in India under Section 25 of the Companies Act, 1956.
“Payer” means a person holding a valid and active Account and who intends to pay money to the Beneficiary through the App.
“Issuing Bank” means the bank regulated by the RBI.
“Features” means the features extended or enabled by NPCI such as UPI Payments (both pay and collect or pull transaction), Bill Pay, nearby, offers and such other features or services as may be extended or enabled by NPCI in the future, on the App.
“Transaction” means a payment initiated through the App for debiting the Payer’s Account and a corresponding credit to the Beneficiary’s Account. A Transaction could be either a UPI Payments based pay or collect payment transaction.
“Transaction Amount" means the amount entered by the Payer or the Beneficiary in the App at the time of initiating a Transaction, that is to be transferred from the Payer’s Account to the Beneficiary’s Account as a part of such Transaction.
“UPI PIN” means authentication credentials set by the User, which shall be entered by the User in the App for authentication and completion of the Transaction through the App.
“UPI Payments” means Unified Payment Interface (UPI) based payment facilities offered to you/User by your Issuing Bank or Beneficiary Bank (i.e., pay someone (push) or collect from someone (collect or pull) transaction), that are enabled on the App to enable a User to make UPI based payments through the App.
“UPI ID” or “Virtual Payment Address” or “VPA” means a unique payment identifier issued to a User that, among other things, can be used to identify the User’s Account linked by the User to such UPI ID for carrying out Transaction

USERS ELIGIBILITY:

Use of the App is available only to an individual or duly constituted legal entity who is competent to contract under the prevailing laws of India and has a valid Account.
The User agrees that these Terms read with other guidelines prescribed by the RBI, NPCI and the relevant banks (Issuing Bank or Beneficiary Bank) shall be applicable to each Transaction.

YOUR ACCOUNT:

In order to avail the Features through the App, you will have to download the App and register yourself on the App by creating an account (“User Account”) by submitting such details as may be required by NPCI and the Issuing Bank including registered mobile number linked to the Account, location access, SMS access etc. When you register to open your User Account or during financial transaction, you agree to provide certain personal information and personal sensitive information about/related to you which may include without limitation personal information such as name, e-mail address, mobile number, mobile device information, geographical location, passwords, financial information and other relevant details. NPCI’s use of such information is governed by the provisions of the Privacy Policy for the App. You agree to provide true, accurate, current, and complete information and documents and, for as long as you continue to use your User Account, to update such information to keep it true, accurate, current, and complete. If NPCI has grounds to suspect that such information is untrue, inaccurate, not current, then NPCI has the right to indefinitely suspend or terminate your User Account and refuse to provide you with access to the App and/or take necessary actions under laws as applicable without any notice to you.
At the time of creating a User Account, a UPI ID will be issued to you which will be linked to the Account selected by you for carrying out Transaction through the App. Further, you will be required to set a UPI PIN approved by the Issuing Bank to authenticate your identity at the time of approving any Transaction using the App. If one Account is linked to the UPI ID, that shall be your default Account for making Transaction using the App and in case, you have linked multiple Accounts to the UPI ID, in the App, the Account selected by you as your default Account will be used for all your Transactions in the App.
You are responsible for maintaining the confidentiality of your User Account’s password and the UPI PIN, and you are solely responsible for all activities that occur using your User Account’s password, UPI PIN and mobile phone on which the App is installed. You agree to notify NPCI immediately of any unauthorized use of your password or UPI PIN or any other breach of security related to the App or User Account or the UPI ID. If you know or suspect that someone else knows your password or UPI PIN, you should immediately notify NPCI and take appropriate measures to change the same. NPCI shall process the Transaction basis instructions provided by you to NPCI through/in the App including details of Transactions and / or validation and authorisation of the Transaction by you using UPI PIN. You are responsible for all activities and Transactions carried out using your User Account, password or UPI PIN and NPCI shall not be held responsible and liable towards any person for any loss or damage which may arise as a result of any failure by you to protect your password, UPI PIN, mobile device, User Account, any unauthorized Transaction and/or in otherwise complying these Terms.
Notwithstanding anything to the contrary contained in the Terms, NPCI reserves the right to deny the creation of, suspend access to or terminate any User Account(s) and UPI ID issued with respect to the App, or require you to change your password or UPI PIN, at any time in its sole discretion and without any notice or liability to anyone.

TERMS AND SCOPE OF FEATURES THROUGH THE APP:

You understand that the App is a platform that enables/facilitates Transactions (pay and collect Transactions) and the Features enabled on the App namely UPI Payments, Bill Pay, nearby etc. are provided/offered by third parties. Nothing in these Terms shall be construed to mean that NPCI is offering / providing these Features to you.
UPI Payments: UPI Payments enabled on the App allows you to request for transfer or collection of funds and or respond to fund collection requests for any of your Accounts linked to your VPA, through the App. In case of collect request received in the App, User needs to check the details of the collect request before authorising the Transaction by entering UPI PIN in the App. The availability of UPI Payments also depends on the availability or downtime of UPI services at, or systems of, the Issuing Bank and or Beneficiary Bank.
BILL PAY: Bill Pay in the App facilitates bill / utility payments through BHARAT BILLPAY of NPCI Bharat BillPay Private Limited (“NBBL”). This Feature enables you to view your bills or eligible pre-paid plans and make payments to billers using the App. You understand that the Bill Pay feature enabled through the App only facilitates bill presentment and bill payment and only connects you to Bharat Bill Payment System (‘BBPS’) of NBBL and this Bharat BillPay service is provided by the biller’s operating unit (‘BBPOU’) where the biller is on boarded and registered to participate within BBPS. You further agree and understand that bill payment through the App will also be governed by the terms and conditions prescribed by NBBL and the relevant BBPOUs.
Nearby: This Feature in the App enables the Users to find the Merchants that are located near to the User’s location and are accepting UPI Payments.
Offers: NPCI may bring offers and cashback schemes to the Users. There offers may be provided by NPCI or any third parties such as Merchants.
You agree and understand that the Transactions shall be subject to the restrictions like maximum amount or maximum daily or periodic limits that may be imposed by the App or the Issuing Bank or by the RBI or competent authority or that may be imposed under applicable law, from time to time and you shall at all times be bound by such limits and restrictions.
You understand that NPCI may undertake various security measures including multi-layered authentication process to ensure safety of each Transaction and you agree to abide by such safety measures as may be prescribed by NPCI from time to time.

HARDWARE AND COMMUNICATION SYSTEM:

You understand that you are solely responsible for arranging, obtaining and maintaining all equipment, electronic devices, internet network services, etc. required for the purpose of accessing the App and availing/accessing the Features.
You may need to install updates to the App that NPCI may introduce from time to time to access, use, or continue to use the Features and the App. The App may communicate with the app store servers from time to time to check for available updates to the App, such as bug fixes, patches, enhanced functions, new features and new versions (collectively, "Updates"). Your use of the App requires that you have agreed to receive such automatically requested Updates. If you do not agree to such automatically requested and received Updates, then please do not use the App. Notwithstanding the foregoing, NPCI may update the App to a new version of the App, irrespective of any update settings that you may have selected within the App or your device, if NPCI determines that the update will fix a critical security vulnerability related to the App or if such update is required by applicable law.

USER COVENANTS AND OBLIGATIONS:

You hereby authorize NPCI to act as a payment system provider and give your Issuing Bank instructions to debit your Account(s) as per instructions/Transaction request received by NPCI from you through the App or e-mandates given/set-up by you. You understand that although multiple bank accounts can be linked with the UPI Services, debit/credit Transactions can be done from the default Account opted by the User. User may change the default Account before initiating any Transaction.
You agree and undertake that you shall keep NPCI harmless against any consequence and risk that may arise due to any Transactions undertaken by you through the App and you shall be solely responsible for any liability incurred by NPCI in execution of any instruction issued and/or Transactions initiated through the App. You understand and agree that once a fund collection or transfer request/ Transaction is provided by you through the App, the default Account will automatically be credited or debited, as the case may be, with such amounts as may be mentioned in such fund collection or transfer request/Transaction, respectively.
You shall be responsible for ensuring that correct details of the Beneficiary are provided while initiating and authorising any Transaction using the App. You / Payer shall be solely responsible for providing incorrect details of the Beneficiary like the UPI ID or mobile number, etc. due to which the fund may be transferred to an incorrect Beneficiary. You understand and agree that such amounts once credited to the Beneficiary’s Account or debited to the Payer’s Account cannot be reversed by NPCI or the User.
You agree and acknowledge that:
- NPCI is only a facilitator of the Transactions initiated by you and shall not be responsible for any Transactions processed basis the instructions and information provided by you through the App.
- NPCI will not be responsible for the products, services or any other transaction in respect of which the App is used to make or receive payments through the Features and the User shall not have any claim against NPCI in this regard.
- In the event of any dispute, NPCI records shall be binding as the conclusive evidence of the Transactions and other activities carried out through use of the App.
- NPCI shall not be responsible for any communication or data provided by you through or in the App.
- NPCI shall not be a party to any refund, chargeback or other disputes between the Payer, Beneficiary and or their respective banks. NPCI shall have no liability or responsibility to share any data with any entity in case of a dispute or claim related to Transactions carried out through the App.
- NPCI shall not be responsible for storing any transaction data or transaction history beyond its internal policy in this regard and such transaction history may be made available by NPCI as an add on service at its sole discretion.
- The Transactions are authorised by the User and validated by Issuing Bank and may be subject to chargeback (applicable for person to Merchant Transactions only) and other complaints raised through the App.
- The Services shall be subject to the guidelines prescribed by the RBI from time to time, if any.

FEES AND PAYMENT TERMS:

Registration on the App is free. NPCI does not charge any fee for using the App. However, NPCI reserves the right to introduce fees. Any changes to the fee/pricing policies will be posted on the App and such changes shall automatically become effective immediately after they are posted on the App or at such date as may be prescribed by NPCI in this regard.

USE OF THE APP:

Subject to compliance with these Terms, NPCI grants you a non-exclusive, revocable, limited privilege to access and use the App and avail / access the Features. You agree to use the App only (a) for purposes that are permitted by these Terms; (b) for purposes for which the App is meant to be used; and (c) in accordance with any applicable laws and regulations. All material added, created, uploaded, submitted, distributed, or entered on to the App by you is your sole responsibility. NPCI reserves the right to review any information provided/data uploaded, if any, by you on the App and delete any information/data that is inconsistent with these Terms.

PROHIBITED USES:

You agree and undertake to use the App only for genuine and legitimate transactions and shall not use the App for any illegal transactions / activities including sale or purchase of banned products. NPCI shall not be responsible for reviewing or checking into Your compliance of these Terms. NPCI reserves the right to suspend or terminate your User Account, at its sole discretion, if it suspects that You are using the App or the Services for any illegitimate or fraudulent purposes.
You agree not to use the App:
- in a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty or other law (each a "Law");
- to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
- upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, torturous, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable through the App;
- reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the App; or
- to interfere with or disrupt the App or servers or networks connected to the App.
You further agree not to:
- use any data mining, robots, or similar data gathering or extraction methods in connection with the App;
- upload, post, email, transmit or otherwise make available on the App, any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
- attempt to gain unauthorized access to any portion of the App or the Features or any other accounts, computer systems, or networks connected to the App, whether through hacking, password mining, or any other means.

MODIFICATIONS TO PLATFORM:

NPCI reserves the right to modify, suspend, or discontinue the App including the Features at any time without notice to you. NPCI reserves the right to make modify / changes these Terms, at any time without notice.

LINKS TO THIRD-PARTY WEBSITES:

Links on the App to third-party websites, platforms, content, services and or products (collectively “Third-Party Site”) are provided solely as a convenience to you. Including a link to a Third-Party Site does not constitute or imply endorsement by, or affiliation with, NPCI of that Third-Party Site, including its operator or its contents, services and/or offerings. If you use these links, you may leave the App. NPCI is not obligated to review such Third-Party Site, does not control such Third-Party Site, and is not responsible for them. Thus, NPCI does not endorse or make any representations about such Third-Party Site including any information, software, products, services, content or materials found there or any results that may be obtained from using them. If you decide to access any of the Third-Party Site linked to from the App, you do this entirely at your own risk.

OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS:

NPCI owns the App. The App is protected under Indian and international laws. Any unauthorized use of the App may violate copyright, trademark, and other applicable national or international laws.
Unless otherwise provided in the Terms, NPCI expressly reserves all intellectual property rights in the Services, text, photographs, images, illustrations, designs, icons, programs, video clips, products, processes, technology, content and any other materials, which form a part of this App. Access to this App does not confer and shall not be considered as conferring upon anyone any license in any of NPCI or any third party's intellectual property rights unless expressly granted hereunder. All rights, including copyright, in this App are owned by or licensed to NPCI. Any use of this App or the Services or contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use without the permission of NPCI is prohibited. You may not modify, distribute or re-post anything on this App for any purpose.
Unless otherwise provided in the Terms, all trademarks, service marks, logos, trade names, and designs, whether registered or unregistered, used in connection with the App are owned by NPCI and shall only be reproduced or used in accordance with the guidelines prescribed by the NPCI in this regard. You may not use or display any such trademarks, service marks, logos, trade names, or designs owned by NPCI or its third party licensors without NPCI’s prior written consent.

INDEMNIFICATION:

You agree to indemnify, defend, and hold harmless each of NPCI Parties (as defined below) from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from your (or anyone using your User Account's) breach or violation of these Terms (including without limitation or representation, warranties and or covenant) or misrepresentation with respect to your information or arising out of your violation of any applicable laws, regulations including but not limited to intellectual property rights, payment of statutory dues and taxes, fraudulent transactions or other rights. NPCI reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with NPCI's defence of such claim. This clause shall survive the expiry or termination of these Terms.

ELECTRONIC COMMUNICATIONS:

Your usage of the App shall be construed as your consent for receiving calls and messages including auto-dialled and/or pre-recorded messages, from NPCI or third party vendors authorised by NPCI at any time, on the telephone number / contact information that may be provided by you and in relation to your use of the App, the Features, Transactions made and or complaints raised using the App including any offers and promotions. You hereby unconditionally consent that such communications via SMS, email and/ or voice call is (a) upon your request and authorization, (b) ‘transactional’ and not an ‘unsolicited commercial communication’ as per the guidelines of Telecom Regulatory Authority of India (TRAI) and (c) in compliance with the relevant guidelines of TRAI or such other authority in India and abroad.
When you visit the App or send e-mails or SMS to NPCI, you are communicating with NPCI electronically. NPCI may respond to you by e-mail or by posting notices on the App. You agree that all such notices, disclosures, and other communications that NPCI provides to you electronically satisfy any legal requirement that such communications be in writing.
The App may be subject to limitations, delays, outages, and other problems that are inherent in the use of the internet, software and other electronic communications. NPCI is not responsible for such delays, failures, or other damages that result from such problems.

TERMINATION:

These Terms are effective unless and until terminated by NPCI. NPCI may terminate, suspend, or modify your registration with, or access to, all or part of the App and/ or the Features, without notice, at any time and for any reason. You may discontinue your participation in and access to the App and/ or the Features at any time by deleting or deactivating your User Account in the manner as prescribed by NPCI from time to time. If you breach any of these Terms, your authorization to use the App and or the Features may be terminated, at the sole discretion of NPCI.
The access to Features will automatically terminate if (i) the User’s Account linked to the App is closed; or (ii) the Bank in which the User holds the Account linked to the Features ceases to be a member of NPCI’s payment network related to the Feature.
Upon termination for any reason, all rights granted by NPCI with respect to the App shall immediately cease and the User agrees to delete or deactivate the User Account and uninstall the App from each device on which the App has been installed including all components of the App in the possession or control of the User.

DISCLAIMERS:

THE APP, FEATURES AND THE SERVICES ARE PROVIDED "AS IS", "WITH ALL FAULTS" AND “AS AVAILABLE” BASIS AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE APP, THE FETAURES AND THE SERVICES ARE WITH YOU. NPCI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE APP AND THE SERVICES (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NPCI MAKES NO WARRANTY THAT THE APP, FEATURES AND/OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE ACCESS TO APP AND THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE APP, FEATURES OR THE SERVICES WILL BE CORRECTED. NPCI MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APP, FEATURES AND OR THE SERVICES OR AS TO THE ACCURACY, QUALITY OR RELIABILITY OF ANY DATA, INSTRUCTIONS, INFORMATION AND ADVICE OBTAINED THROUGH THE APP, FEATURES AND OR THE SERVICES. NPCI DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE APP. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE APP OR FROM NPCI, ITS SUBSIDIARIES, OR OTHER SERVICE PROVIDERS (OR THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY SUCH ENTITIES) (COLLECTIVELY, "NPCI PARTIES") SHALL CREATE ANY WARRANTY. NPCI DISCLAIMS ALL EQUITABLE INDEMNITIES.
NPCI SHALL NOT BE LIABLE FOR ANY LOSS, CLAIM OR DAMAGE SUFFERED BY THE USER AND/OR ANY OTHER THIRD PARTY ARISING OUT OF OR RESULTING FROM FAILURE OF ANY TRANSACTION INITIATED / CARRIED OUT VIA THE APP, INLCUDING BUT NOT LIMITED TO, ON ACCOUNT OF TIME OUT TRANSACTION I.E. WHERE NO RESPONSE IS RECEIVED FROM NPCI OR THE BENEFICIARY BANK OR THE REMITTER BANK TO THE TRANSACTION REQUEST. NPCI OR THE BENEFICIARY BANK SHALL ALSO NOT BE LIABLE FOR ANY LOSS, DAMAGE AND/OR CLAIM ARISING OUT OF OR RESULTING FROM WRONG BENEFICIARY DETAILS, MOBILE NUMBER AND/OR ACCOUNT DETAILS BEING PROVIDED BY THE USER.
NPCI SHALL NOT BE LIABLE FOR ANY THIRD PARTY WEBSITES, PLATFORMS, PRODUCTS, SERVICES AND OTHER CONTENT. THE ADVERTISEMENTS OR SERVICES WHICH MAY BE AVAILABLE ON OR THROUGH THE APP WITH RESPECT TO THE THIRD PARTY WEBSITES, PRODUCTS, CONTENT AND SERVICES ARE FOR INFORMATION PURPOSE ONLY. THE USER AGREES THAT ANY THIRD PARTY SERVICES AVAILED BY THE USER THOUGH THE APP SHALL BE AT ITS SOLE RISK AND LIABILITY AND NPCI SHALL NOT BE RESPONSIBLE FOR THE SAME.
NPCI SHALL NOT BE LIABLE FOR DELAYS OR INABILITIES IN PERFORMANCE OR NON-PERFORMANCE IN WHOLE OR IN PART OF NPCI’S AND OR ASSOCIATED BANK’S OBLIGATIONS DUE TO ANY CAUSES THAT ARE NOT DUE TO ITS ACTS OR OMISSIONS AND ARE BEYOND ITS REASONABLE CONTROL, SUCH AS ACTS OF GOD, FIRE, STRIKES, EMBARGO, ACTS OF GOVERNMENT, ACTS OF TERRORISM, CLIMATIC CONDITIONS, LABOUR UNREST, INSOLVENCY, BUSINESS EXIGENCIES, GOVERNMENT DECISIONS, CHANGE OF LAWS, OPERATIONAL AND TECHNICAL ISSUES, ROUTE ISSUES, ACTS OF THIRD PARTIES OR OTHER SIMILAR CAUSES AND PROBLEMS.

LIMITATION OF LIABILITY

IN NO EVENT WILL ANY OF NPCI PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF REVENUES, LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES), ARISING OUT OF OR IN CONNECTION WITH APP, FEATURES AND/OR THE SERVICES (INCLUDING, WITHOUT LIMITATION, USE, INABILITY TO USE, OR THE RESULTS OF USE OF APP, UNAUTHORIZED ACCESS TO OR ALTERATION OF THE APP, THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE APP (INCLUDING THIRD PARTY VENDORS), FEATURES AND OR THE SERVICES, OR ANY OTHER MATTER RELATING TO THE APP OR THE SERVICES), WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY AND EVEN IF ANY NPCI PARTY HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.
SUBJECT TO APPLICABLE LAW, USE OF THE APP, FEATURES AND SERVICES IS AT SOLE RISK OF THE USER. THE FEATURES AND SERVICES MADE AVAILABLE ON THE APP ARE SUBJECT TO CONDITIONS IMPOSED BY NPCI, INCLUDING BUT NOT LIMITED TO TARIFFS AND GOVERNMENT REGULATIONS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. TO THE EXTENT THAT ANY OF NPCI PARTIES MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF SUCH PARTY’S LIABILITY SHALL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.

GOVERNING LAW AND JURISDICTION:

These Terms and the relationship between you and NPCI shall be governed by the laws of the India as applied to agreements made, entered into, and performed entirely in India, notwithstanding your actual place of residence. The appropriate courts and forums at Mumbai, Maharashtra shall have exclusive jurisdiction in any proceedings arising out of the use of App and these Terms. NPCI may, however, in its absolute discretion commence any legal action or proceedings arising out of these Terms in any other court, tribunal or other appropriate forum, and you hereby consents to that jurisdiction.

GENERAL:

These Terms, additional terms to which you agree when using particular elements of the App and the Features, constitute the entire and exclusive and final statement of the agreement between you and NPCI with respect to the subject matter hereof, superseding any prior agreements or negotiations between you and NPCI with respect to such subject matter. NPCI shall neither be liable to the other nor shall be in default if, and to the extent that, the performance or delay in performance of any of its obligations under these Terms is prevented, restricted, delayed or interfered with due to circumstances beyond the reasonable control of NPCI or any force majeure event. The failure of NPCI to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavour to give effect to the intentions of NPCI and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. The Clause titles in these Terms are for convenience only and have no legal or contractual effect. These Terms shall remain in full force and effect notwithstanding any termination of your use of the App and or the Features. These Terms will be interpreted without application of any strict construction in favour of or against you or NPCI. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by NPCI without restriction.

MODIFICATIONS TO THESE TERMS AND CONDITIONS:

NPCI may, in its sole and absolute discretion, change these Terms from time to time. NPCI may post such modified Terms on the App. If you object to any such changes, your sole recourse shall be to cease using the App and the Features. Your continued use of App and the Features following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Certain provisions of these Terms may be superseded by expressly-designated legal notices or terms located on particular pages of the App and, in such circumstances, the expressly-designated legal notice or term shall be deemed to be incorporated into these Terms and to supersede the provision(s) of these Terms that are designated as being superseded.