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.
TERMS AND CONDITIONS – UPI CIRCLE:
- These terms and conditions (“UPI Circle Terms”) apply to and govern the UPI Circle
(Defined Below) feature on the BHIM App. Please read UPI Circle Terms carefully before accessing or
using UPI Circle.
- The UPI Circle Terms are in addition to and not in derogation of the terms and conditions governing the
use of BHIM App (“App Terms”). By enabling, or using, UPI Circle, you acknowledge that
you have read, understood and agree to be bound by the UPI Circle Terms.
DEFINITIONS:
- In the UPI Circle Terms, the following words shall have the meanings as set below unless the context
indicates otherwise. All other capitalized terms used in the UPI Circle Terms but not defined herein
shall have the meaning ascribed to them in the BHIM App Terms.
- “UPI Circle” means the feature that enables a Primary User to authorize a Secondary
User to link his/her UPI ID with the UPI ID of such Primary User and to make UPI payments/transactions,
on a Full Delegation or Partial Delegation basis. In case of Full Delegation, Primary User can assign
the maximum limit to Secondary User for making such payments/transactions (i.e. the maximum amount of
funds that can be utilized from the bank account held in the name of Primary User for making the
aforesaid UPI payments/transactions).
- “Full Delegation” means the method/mode using which a Primary User can authorize a
Secondary User to initiate and complete UPI Circle transactions as per defined maximum spends limits.
- “Partial Delegation” means the method/mode using which a Primary User can authorize a
Secondary user to initiate and complete a UPI Circle based transaction subject to Primary User
authorizing the said transaction by entering his/her UPI PIN.
- “Primary User” means an individual using the BHIM App for availing UPI based
services/facilities and is delegating payments to a Secondary User using UPI Circle feature of UPI
available in the BHIM App.
- “Secondary User” means a user of UPI who is authorized by Primary User to make UPI
Circle transactions from the bank account of Primary User linked to UPI.
TERMS:
You understand, agree, confirm and undertake that:
1. For Primary User:
- You shall be solely responsible to verify and validate the UPI ID and mobile number of the Secondary
User before linking his/ her UPI ID with your UPI ID and authorize him / her to make UPI transactions
under UPI Circle, to ensure that the correct person is authorized as Secondary User.
- You can modify or revoke the authorization granted to Secondary User for UPI Circle.
- You will have access to and visibility of all the transactions made by Secondary User under the UPI
Circle.
- You represent that you are aware of the identity of the Secondary User and shall, in the course of using
UPI Circle, comply with the laws of India as applicable.
- You shall be solely responsible for all transactions and actions performed by Secondary User added/
authorized by you under UPI Circle. You shall not hold NPCI responsible for any un-authorized
transactions made by your Secondary User using UPI Circle. NPCI shall not be held liable by you or any
other person for any losses, damages and liabilities which may arise as a result of any act or omission
by you or by the Secondary User in complying with any terms and conditions applicable to UPI Circle.
- In the event no transactions are carried through BHIM App using UPI Circle for such period as may be
prescribed from time to time, the relevant Secondary User’s authorization to conduct UPI Circle
transactions may be suspended or terminated.
2. For Secondary User:
- By accepting the request to link your UPI ID to the UPI ID of the Primary User under UPI Circle, you
hereby agree to share your name, phone number, UPI ID and transaction details with the Primary User and
other third parties involved in the processing of UPI Circle transactions.
- You can de-link your UPI ID with the Primary User at any time.
3. Other Terms:
- At any point in time a maximum limit of ₹15000 per month is allowed for making transactions through UPI
Circle in Full Delegation.
- At any point of time maximum limit of ₹5000 is allowed per transaction for making transactions through
UPI Circle in Full Delegation
- Under Full Delegation a Secondary User’s UPI ID can be linked with the Primary User’s UPI ID for a
maximum term of 5 years and a minimum term of 1 month.
- After successful authorization and linking of the UPI ID of the Secondary User with the Primary User,
there will be a cooling period of 30 minutes during which no transaction shall be allowed to be
initiated.
- Notwithstanding anything to the contrary contained in the UPI Circle Terms, [PSP Name / App provider
name] reserves the right to suspend or terminate your access to UPI Circle services, or require you to
change your App password or UPI PIN, at any time in its sole discretion and without any prior notice to
you.
- The UPI Circle Terms shall be read in conjunction with the BHIM App Terms. The UPI Circle Terms and BHIM
App Terms shall together form the entire agreement between you and BHIM App with respect to UPI Circle.
In the event of conflict between the UPI Circle Terms and the BHIM App Terms, the UPI Circle Terms shall
have an overriding effect.
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.