Terms and Conditions for PayUMoney Wallet Issued by RBL Bank
IMPORTANT: This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions 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.
Before you use your PayUMoney Wallet – issued by RBL Bank, please read these TERMS & CONDITIONS carefully. By using the PayUMoney Wallet – issued by RBL Bank, you are accepting the Terms and Conditions set out below and will be bound by them. Unless the context requires otherwise the terms defined shall have the same meaning attributed to them herein or in the PayUMoney user terms and conditions:
- 1.1 "Business Days" shall mean shall mean any day on which RB and PayU are open for business in India.
- 1.2 "Customers" shall mean PayUMoney Buyer using PayUMoney Services.
- 1.3 "Merchants" shall be PayUMoney Seller who uses PayUMoney Services for collecting payments from the Walletholder and who are specified by PayUMoney from time to time.
- 1.4 "PayUMoney" shall mean PayU Payments Private Limited, a private limited company incorporated in India under the Companies Act 1956 and having its registered office at - F-130, GF, Street No. 7, Pandav Nagar, New Delhi - 110091, Delhi, India and corporate office at 4th Floor, Pearl Tower, Plot No 51, Institutional Area, Sector 32, Gurgaon-122001, Haryana, India, who as the co-brand Partner will market & distribute the Wallet through its PayUMoney Site to its selected customers / employees / affiliates / merchant partners/ any other individuals for making payments to them OR collecting payments from them through the prepaid Card instruments.
- 1.5 "PayUMoney Wallet issued by RBL Bank" (also termed as Wallet ') means a semi closed prepaid payment instrument (issued by RBL Bank and which is co-branded with PayUMoney in the form of a virtual Wallet. The Wallet shall function as a prepaid payment instrument, which will be issued by the Bank on PayUMoney Site: www.payumoney.com and only be used on the PayUMoney Site to make payments for goods and services purchased from Merchants as specified on the PayUMoney Site or for transfer of funds from one Walletholder's Wallet to another Walletholder's Wallet or for any such other reasons as mutually agreed from time to time.
- 1.6 "PayUMoney Site" shall mean website having the domain www.payumoney.com and/or mobile application having the name PayUMoney, which are owned and operated by PayU Payments Private Limited through which the Bank shall issue the Wallet and PayUMoney shall distribute the Wallet and enable obtaining instructions from Walletholder to credit funds in and / or utilize funds from the Wallet.
- 1.7 "RBI" shall mean Reserve Bank of India.
- 1.8 "RBL Bank" or "Bank" or "RBL" shall mean the Ratnakar Bank Limited, a scheduled commercial bank and having its registered office at Shahupuri, Kolhapur- 416 001 and its authorized service provider/s or agent/s engaged for this program, who will issue the Wallet through the PayUMoney Site.
- 1.9 "Walletholder" means the Customer of PayUMoney who is enrolled in relation to Wallet Services has been issued a Wallet and is authorised to use the Wallet in accordance with the terms of these Terms and Conditions.
- 1.10 "Wallet Services" or "Services" shall mean the Wallet services as detailed under this Agreement.
- 1.11 "Terms and Conditions" shall mean these terms and conditions
- 1.12 "Transaction" means an online purchase of Products from or making of Payments for specified purpose to a Merchant by the Walletholder using his Wallet.
- 2.1 All references to singular include plural and vice versa and the word "includes" should be construed as "without limitation".
- 2.2 Words importing any gender include the other gender.
- 2.3 Reference to any statute, ordinance or other law includes all regulations and other instruments and all consolidations, amendments, re-enactments or replacements for the time being in force.
- 2.4 All headings, bold typing and italics (if any) have been inserted for convenience of reference only and do not define limit or affect the meaning or interpretation of these terms.
- 2.5 THESE TERMS AND CONDITIONS SHALL BE READ ALONGWITH THE PAYUMONEY USER TERMS AND CONDITIONS. IN THE EVENT OF ANY DISCREPANCY/CONTRADICTION BETWEEN THESE TERMS AND CONDITIONS AND THE PAYUMONEY USER TERMS AND CONDITIONS, THESE TERMS AND CONDITIONS SHALL PREVAIL TO THE EXTENT OF SUCH CONTRADICTION/DISCREPANCY.
3. ISSUANCE OF WALLET
- 3.1 The Wallet will be issued by RBL Bank to PayUMoney Customers on the request of the Customer and pursuant to the Customer making an application for registration of the Wallet and agreeing to these Terms and Conditions and other applicable terms and conditions in the manner prescribed by RBL Bank and PayUMoney in this regard. Provided that the Customer has fulfilled the eligibility and KYC criteria and provided all relevant information and/or documentation request by PayUMoney/RBL.
- 3.2 A Customer desirous of opening a PayUMoney Wallet issued by RBL should apply to RBL using the PayUMoney Site or Merchant platforms as mentioned on the PayUMoney Site and accept the PayUMoney Wallet Terms and Conditions.
- 3.3 RBL reserves the right to reject any application made for opening a Wallet without assigning any reason.
4. ELIGIBILITY AND WALLET REGISTRATION
- 4.1 The Services are available only to resident Indians who have attained the age of 18 years and are competent to contract. By accepting these Terms & Conditions or by otherwise using the Services or the PayUMoney Site, you represent that you are an Indian resident and at least 18 years of age and have not been previously suspended or removed from the Wallet Services. You represent and warrant that you have the right, authority, and capacity to enter into these Terms and Conditions and to abide by all of the terms and conditions contained herein. You shall not impersonate any person or entity, or falsely state or otherwise misrepresent identity, age or affiliation with any person or entity.
- 4.2 In order to register, create and use a Wallet, RBL may require that you submit certain personal information, including but not limited to your name, mobile phone number, e-mail address, date of birth, preferred language of communication, etc. to PayUMoney and RBL. You agree that the personal information you provide to RBL upon registration and at all other times will be true, accurate, current and complete. You agree to maintain and update this personal information to keep the personal information true, accurate, and complete.
- 4.3 You hereby authorize RBL and PayUMoney, directly or through third parties, to make any inquiries that RBL may consider necessary to validate your identity and/or authenticate your identity and Wallet information. This may include asking you for further information and/or documentation about your account usage or identity, or requiring you to confirm identification by furnishing KYC documentation, ownership of your email address, telephone number or financial instruments, among others. This process is for internal verification purposes.
- 4.4 The collection, verification, audit and maintenance of correct and updated Walletholder information is a continuous process and RBL and PayUMoney reserves the right, at any time, to take steps necessary to ensure compliance with all relevant and applicable KYC requirements.
- 4.5 RBL reserves the right to discontinue the Services/ reject applications for PayUMoney Wallet Services at any time if there are discrepancies in information and/or documentation provided by you or if the information/documentation provided by you is found to be incorrect or wrong. In addition, in such an event, RBL reserves the right to forfeit the balance therein.
5. SCOPE OF WALLET SERVICES
- 5.1 The Wallet may be reloaded as many number of times within the limits prescribed by Reserve Bank of India ("RBI") and RBL in its discretion can assign a lower limit and/or frequency of reload as deemed appropriate. However, the Walletholder shall ensure that the total value of reloads during any given month does not exceed Rs.20,000/-.
- 5.2 The said Wallet is valid for use only in India in Indian Rupees.
- 5.3 The Services or any Walletholder's Wallet is not transferable.
- 5.4 The amount that can be deposited in the Wallet is governed by policies laid down by RBI. These involve monthly limits, transaction limits as well as balance limits on the Wallet.
- 5.5 The maximum monetary value that can be stored and utilized in a month in the Wallet is INR 20,000/-(Rupees twenty thousand only).
- 5.6 These limitations stated herein above may be reviewed and modified at the discretion of RBL without prior intimation to the Walletholder.
- 5.7 The Walletholder shall be able to use the Wallet only to the extent of the amount loaded onto the Wallet.
- 5.8 The Wallet shall be activated subject to the desired amount being loaded on the Wallet.
- 5.9 The Walletholder or any other person permitted to load the Wallet may credit the PayUMoney Wallet through any of the methods prescribed from time to time (please see Clause 7).
- 5.10 The facility of online purchase of Products as mentioned on the PayUMoney Site from Merchant using Wallet, balance transfer from one Wallet to another, domestic Remittance facility to transfer funds to source or bank account transactions shall be available on the Wallet. Such functionalities can be added or modified at the sole discretion of the RBL (please see Clause 8).
- 5.11 No cash withdrawal or cash remittance is permissible on the Wallet.
- 5.12 The Walletholder is permitted to maintain and operate only one Wallet. Any suspected non-conformity with this requirement shall be just cause for the suspension/ discontinuation of any/all Wallets associated with the Walletholder.
- 5.13 RBL may further as per its discretion introduce appropriate controls over the usage of the Wallet.
6. USAGE GUIDELINES
- 6.1 The Wallet may be used through PayUMoney Sites, or third party Merchant platforms authorised by PayUMoney and RBL.
- 6.2 The Walletholder shall at all times ensure that the Wallet credentials are kept safe and shall under no circumstances whatsoever allow the Wallet to be used by any other individual. The Walletholder shall be responsible for all facilities granted by RBL Bank and for all related charges and shall act in good faith in relation to all dealings with the Wallet and RBL Bank.
- 6.3 The Walletholder is responsible for the security of the Wallet and shall take all steps towards ensuring the safekeeping thereof. The Walletholder shall not disclose his/her/its password to anyone verbally or in writing nor record it elsewhere.
- 6.4 The Walletholder will be liable for all charges incurred on the Wallet until the Wallet is reported for closure. RBL and PayUMoney shall not be liable for any hacking or unauthorized use of the Wallet and it shall be the sole responsibility of the Walletholder to ensure privacy and confidentiality of Wallet details. The Walletholder shall, within 48 hours, intimate to PayUMoney and/or RBL of the occurrence of any fraud.
- 6.5 In case of any dispute relating to the time of reporting and/ or transaction/s made on the Wallet or any other matter in relation to the said Wallet, RBL Bank shall reserve the right to ascertain the time and/ or the authenticity of the disputed Transaction.
- 6.6 The Walletholder shall inform PayUMoney and RBL Bank in writing within 15 days, if any irregularities or discrepancies exist in the Transactions/ particulars of the Wallet on any Statement / records that is made available to the Walletholder. If PayUMoney or RBL Bank does not receive any information to the contrary within 15 days, it shall assume that the Statement and the transactions are correct. All records maintained by RBL Bank or PayUMoney, in electronic or documentary form of the instructions of the Walletholder and such other details (including but not limited to payments made or received) pursuant to the Terms and conditions herein, shall as against the Walletholder, be deemed to be conclusive evidence of such instructions and such other details.
- 6.7 The Walletholder may only use the Services for Transactions with the approved Merchants using PayUMoney Services.
- 6.8 The Walletholder must ensure the availability of sufficient funds before executing any transaction from the Wallet.
- 6.9 The Walletholder shall intimate PayUMoney and/or RBL about change in any information, including but not limited to change mobile number, email id, etc. within 1 (one) week along with such proof of change.
- 6.10 The Walletholder agrees to adhere to all applicable laws and all such regulations, guidelines and rules prescribed from time to time by RBL, PayUMoney, RBI and any other regulatory body.
- 6.11 The Walletholder agrees that he will not use the Wallet for payment of any illegal/unlawful purchases/purposes.
- 6.12 The Walletholder understands that the Wallet is issued, loaded, withdrawn, terminated, closed down, suspended by RBL. PayUMoney shall under no circumstance be liable for the same.
- 6.13 The Walletholder shall be bound to comply with the terms and conditions and all the policies stipulated by RBL Bank from time to time in relation to the Wallet . RBL Bank may, at its sole discretion, refuse to accept the application or to issue Wallet to the Walletholder.
- 6.14 The Walletholder shall not use the Services for any purpose that might be construed as contrary or repugnant to any applicable laws, regulations, guidelines, judicial dicta, PayUMoney policies, RBL policies or public policy or for any purpose that might negatively prejudice the goodwill of PayUMoney or RBL.
- 6.15 The Walletholder shall accept full responsibility for wrongful use of the Wallet and which is in contravention of these terms and conditions. The Walletholder shall indemnify RBL and/or PayUMoney to make good any loss, damage, interest or any other financial charges that RBL or PayUMoney may incur and or suffer whether directly or indirectly as a result of the Walletholder committing violations of these terms and conditions.
- 6.16 RBL reserves the absolute discretion and liberty to decline or honor the authorization request on the Wallet without assigning any reason thereo.
- 6.17 The Walletholder acknowledges and understands that the Services are linked to internet connection (and in case of PayUMoney mobile application – mobile phone connection) and RBL and PayUMoney shall not be responsible for any loss or interruption of the Services,
- 6.18 The Walletholder acknowledge and understand that the information submitted by the Walletholder for availing the Services or information submitted while using the Services may be shared with third parties inter alia, to facilitate the provision of the Services.
- 6.19 RBL through PayUMoney may request the Walletholder to submit additional KYC information/documents as part of ongoing monitoring and due diligence.
- 6.20 RBL and PayUMoney may at their sole discretion, utilize the services of external service providers/or agents and on such terms as required or necessary, in relation to its products/services.
7. Deposit/Load Wallet
- 7.1 You can use multiple funding sources for depositing/loading money in his the Wallet. These sources could be but not limited to Cash, Credit Cards, Debit Cards, Net Banking, and Transfer from another Wallet.
- 7.2 The Wallet may also be loaded by transfer of refund money of transactions made using PayUMoney Services (online payment gateways or loading of incentives such as cash back, gifts, etc by PayUMoney or Merchant or loading by third parties or corporate of gifts or incentives etc or such other manner as is acceptable to RBL Bank.
- 7.3 Such funds shall be loaded on the Wallet after deduction of the applicable Charges/ Fees etc. payable by the Walletholder to RBL Bank for availing the said Wallet facility.
- 7.4 In order to manage risk, RBL may limit the funding sources available for your use to fund any particular transaction. For example, RBL may limit your funding sources for a particular transaction to debit cards or your net banking account.
- 7.5 PayUMoney and RBL will monitor each deposit made into your Wallet to monitor high-risk & fraudulent transactions. If your deposit is classified as a high-risk transaction or is suspected of fraud, RBL will place a hold on the deposit and may ask you for more information on you and your funding source. PayUMoney and/or RBL will conduct a review and according RBL will either clear or cancel the deposit. If the deposit is cleared, PayUMoney will notify you and update your Wallet. Otherwise, RBL will cancel the deposit and the funds will be forfeited. The said funds will be refundable only to source account upon valid demand raised by holder of source account. PayUMoney will notify you by email and/or in the account history tab of your Wallet if the deposit is canceled.
- 7.6 When you make a deposit, you are liable to RBL for the full amount of the deposit plus any fees, if the deposit is later invalidated for any reason. This means that, in addition to any other liability, you will be responsible for the amount of the deposit, plus applicable fees if you lose a claim or a chargeback, or if there is a reversal of the deposit. If the owner of the funding source of a deposit later disputes the deposit or files a claim for a chargeback, the debit or credit card issuer or the originating bank, or RBL/PayUMoney, will determine whether the dispute is valid and to whom payment is due. You agree to allow RBL/PayUMoney to recover any amounts due to RBL/PayUMoney by debiting your Wallet balance. If there are insufficient funds in your account to cover your liability, you agree to reimburse PayUMoney/RBL through other means. If PayUMoney/RBL is unable to recover the funds from your primary funding source, PayUMoney and RBL may attempt to contact you and/or recover the funds from your alternate funding sources, or may take other legal actions to collect the amount due, to the extent allowed by applicable law. In addition, RBL/PayUMoney may suspend or terminate your Wallet.
8. PAYMENT USING WALLET
- 8.1 Walletholder's can choose to use the funds available in their Wallet to purchase Products from Merchants using PayUMoney Services.
- 8.2 If the Walletholder is unsatisfied with the service provided by the Merchant or hasn't received goods promised by the Merchant then the Walletholder can raise a dispute with PayUMoney after first raising and failing to get redressal of his grievance from the concerned merchant. The dispute will be governed by the PayUMoney terms and conditions.
- 8.3 The Walletholder may also partially pay for the Products offered by the Merchant from its Wallet and pay the remaining amount using other payment mechanism such as debit card, credit card, netbanking, etc provided by PayUMoney. The usage of other payment mechanisms provided by PayUMoney shall be governed by PayUMoney terms and conditions.
9. WITHDRAWING/TRANSFER FUNDS AVAILABLE IN WALLET
- 9.1 Walletholder can choose to withdraw the funds available in his Wallet to the source from which the payment loading originating or to a linked bank account.
- 9.2 In the event PayUmoney is unable to transfer the funds back to source, PayU will provide you an option to transfer the funds to your bank account by way of NEFT. For NEFT you need to provide the bank account details in the format provided. A charge of 2.5% (Including Service Tax) shall be applicable for transfer of such funds through NEFT.
- 9.3 PayUMoney/RBL reserves the right to delay withdrawals while screening for risk, or request you provide additional information to verify your identity and may limit the amount you can withdraw until the information is verified.
- 9.4 Any withdrawal found to be suspicious will be held back and reversed into Wallet. The Wallet will also be suspended for operations and no transactions will be possible pending an investigation. A notification will be given to you if you are the subject of an investigation. If you are able to provide a justification for the withdrawal to the satisfaction of RBL/PayUMoney, your account will be removed from suspension and you would be free to transact using your Wallet.
- 9.5 In the case of no information being provided by you for a suspended Wallet – the Wallet will continue to be suspended till its validity and the amount will be forfeited as required by RBI.
10. SUSPENSION OR DISCONTINUANCE OF SERVICES
- 10.1 RBL reserves the right to suspend/discontinue the Services at any time, for any cause, including, but not limited, to the following;
- for any suspected discrepancy in the particular(s), online application, documentation provided by the Walletholder;
- suspected or potential fraud;
- sabotage, willful destruction, threat to national security or for any other force majeure reasons etc;
- if the same is due to technical failure, modification, upgradation, variation, relocation, repair, and/or maintenance due to any emergency or for any technical reasons;
- if the same is due to any transmission deficiencies caused by topographical and geographical constraints/limitations;
- for any suspected violation of the rules, regulations, orders, directions, notifications issued by RBI from time to time or for any violation of the terms and conditions mentioned in herein;
- if RBL believes, in its reasonable opinion, that cessation/ suspension is necessary.
11. CLOSURE OR TERMINATION OF WALLET
- 11.1 Walletholder has the option to close the Wallet at any time. The closure of such Wallet may be communicated to PayUMoney/RBL over email at email@example.com; or in written ATTN: PayUMoney Care, PayU Payments Private Limited, 4th Floor, Pearl Tower, Plot No 51, Institutional Area, Sector 32, Gurgaon-122001, Haryana, India.
- 11.2 All the Wallets including multiple Wallets if any will be terminated basis the written request. Termination will be effective after payment of all amounts outstanding on the Wallet. No annual, joining or renewal fees shall be refunded on a pro-rata basis.
- 11.3 RBL Bank may also restrict, terminate or suspend the use of Wallet at any time without prior notice if Bank reasonably believes it necessary for business or security reasons. The Wallet must not be used after these Terms and Conditionsend or while use of Wallet is suspended.
- 11.4 RBL Bank shall, upon adequate verification, block/suspend/close the Wallet and terminate all facilities in relation thereto during working hours on a working day following the receipt of such intimation and shall not be liable for any inconvenience caused to the Walletholder in this regard.
- 11.5 There is no expiry date for the Wallet. However, any value in an Wallet must be utilized: (a) within 6 (six) months from the date of the last Transaction or (b) within 6 (six) months from the date of activation of the Wallet; whichever is later.
- 11.6 Any value in and Wallet which is not utilized or withdrawn in the aforesaid manner may stand forfeited at the discretion of RBL. PayUMoney/RBL will send 30 days advance communication to Walletholder before any forfeiture of outstanding amount in the Wallet by SMS at the mobile number and/or email id which is provided for use of the Services. It is the responsibly of the Walletholder to ensure that the information provided by the Walletholder including the email id and the mobile number is updated at all times.
- 11.7 In addition RBL or PayUMoney may, at any time, with or without notice, at its absolute discretion, terminate the Wallet. RBL or PayUMoney may also restrict or suspend the use of Wallet at any time without prior notice if Bank reasonably believes it necessary for business or security reasons.
12. WALLETHOLDER'S OTHER OBLIGATIONS & COVENANTS
- 12.1 Walletholder will be liable for all Transactions and for the related charges.
- 12.2 Walletholder accepts that at his request and risk RBL/PayUMoney has agreed to provide him the Wallet & accepts full responsibility for all Transactions recorded by use of his Wallet.
- 12.3 An instruction given by means of the Wallet shall be irrevocable.
- 12.4 Walletholder shall, in all circumstances, accept full responsibility for the use of the Wallet, whether or not processed with his knowledge or his authority, expressed or implied.
- 12.5 Walletholder irrevocably authorizes RBL/PayUMoney to debit the amounts utilized by using the Wallet for Transactions from his Wallet.
- 12.6 Walletholder should hold RBL/PayUMoney indemnified and harmless for its actions in good faith and in the normal course of business based on Transactions.
- 12.7 RBL/PayUMoney will employ its best efforts in carrying out the Transactions but will not incur any liability either to the Walletholder or any other person for any reason whatsoever including for its delay or inability to carry out a Transaction or an instruction.
- 12.8 RBL/PayUMoney reserves the right at any time to charge the Walletholder any fees/ charges for the transactions carried out by using your Wallet. Details of applicable fees and charges can be obtained from PayUMoney Site and are subject to change from time to time.
- 12.9 Any government charges, or debits, or tax payable as a result of the use of Wallet shall be Walletholder's responsibility.
- 12.10 Amounts due and payable by Walletholder, if not paid separately shall be recovered by RBL from the funds available in the Wallet Amount.
- 12.11 RBL/PayUMoney may at its sole discretion withdraw or suspend any Wallet or amend any of its features without notice to the Walletholder.
- 12.12 RBL/PayUMoney shall have discretion to not allow the Walletholder to carry out a transaction where it has reason to believe that the use of Wallet is not authorized or the Transaction appears not genuine or unclear or such as to raise a doubt.
- 12.13 RBL/PayUMoney, at their discretion, reserves the right to either temporarily or permanently withdraw the privileges on the instrument and/or cancel the instrument at any time without giving any notice or assigning any reason thereof. In case of temporary withdrawal, the privileges may be reinstated by RBL/PayUMoney as deemed fit.
13. INDEMNITY AND LIMITATION OF LIABILITY
- 13.1 In consideration of RBL and PayUMoney providing the Walletholder with the facility of the Wallet, the Walletholder hereby agrees to indemnify and keep RBL and PayUMoney indemnified from and against all actions, claims, demands, proceedings, losses, damages, personal injury, costs, charges and expenses whatsoever which RBL or PayUMoney may at any time incur, sustain, suffer or be put to as a consequence of or by reason of or arising out of directly or indirectly providing the Walletholder the said facility of the Wallet or by reason of RBL Bank's or PayUMoney's acting in good faith and taking or refusing to take or omitting to take action on the Walletholder's instructions, and in particular arising directly or indirectly out of the negligence, mistake or misconduct of the Walletholder; breach or noncompliance of the rules/ terms and conditions relating to the Wallet or fraud or dishonesty relating to any transaction by the Walletholder.
- 13.2 Without prejudice to the foregoing, RBL Bank and PayUMoney shall be under no liability whatsoever to the Walletholder in respect of any loss or damage arising directly or indirectly out of:
- Any issue emerges post availing the Products from merchant;
- The refusal to honor or to accept the Wallet;
- The malfunction of any computer/POS terminal;
- Effecting transaction instructions other than by a Walletholder;
- Handing over of the Wallet credentials by the Walletholder;
- The exercise by RBL Bank of its right to demand and procure the surrender of the Wallet prior to the expiry, whether such demand and surrender is made and/ or procured by RBL Bank or by any person or computer terminal.
- The exercise by RBL Bank of its right to terminate any Wallet;
- Any injury to the credit, character and reputation of the Walletholder alleged to have been caused by the repossession of the Wallet and/ or, any request for its return or the refusal of any merchant establishment to honor or accept the Wallet;
- Any misstatement, misrepresentation, error or omission in any details disclosed by RBL Bank or PayUMoney except as otherwise required by law.
- If RBL Bank or PayUMoney receives any process, summons, order injunction, execution distrait, levy, lien, information or notice which RBL Bank or PayUMoney in good faith believes/ calls into question the Walletholder's ability, or the ability of someone purporting to be authorized by the Walletholder, to transact on the Wallet, RBL Bank may, at its option and without liability to the Walletholder or such other person, decline to allow the Walletholder to obtain any portion of his funds, or may pay such funds over to an appropriate authority and take any other steps required by applicable law. RBL Bank reserves the right to deduct from the balance available on the Wallet, a service charge and any expenses it incurs, including without limitation legal fees, due to legal action involving the Walletholder's Wallet;
- In the event a demand or claim for settlement of outstanding dues from the Walletholder is made, either by RBL Bank or PayUMoney or any person acting on behalf of RBL Bank, the Walletholder agrees and acknowledges that such demand or claim shall not amount to be an act of defamation or an act prejudicial to or reflecting upon the character of the Walletholder, in any manner.
- 13.3 In addition, PayUMoney's liability shall be limited in accordance with the PayUMoney terms and conditions including any disclaimers or limitation of liability provided therein.
- 14.1 The Services are provided on an "as is" and "as available" basis. Use of the Service is at your own risk. To the maximum extent permitted by applicable law, the Services is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from RBL or PayUMoney or through the Services will create any warranty not expressly stated herein. Without limiting the foregoing, neither RBL nor PayUMoney, warrant that the content is accurate, reliable or correct; that the Services will meet your requirements; that the Services will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Services is free of viruses or other harmful components. Neither RBL nor PayUMoney will be liable for any loss or damage whatsoever or howsoever caused or arising, directly or indirectly, including without limitation, as a result of loss of data; interruption or stoppage of access to and/or use of the Services; interruption or stoppage PayUMoney Site; non-availability of connectivity links/hyperlinks.
- 14.2 Any content downloaded or otherwise obtained through the use of the Services is downloaded at your own risk, and you will be solely responsible for any damage to your property or loss of data that results from such download.
- 14.3 Neither RBL nor PayUMoney warrant, endorse, guarantee, or assume responsibility for Products advertised or offered by a third party through the Services or any hyperlinked website or Service, or featured in any banner or other advertising, and neither RBL nor PayUMoney will be a party to or in any way monitor any transaction between you and third-party providers of goods and/ or services.
- 14.4 The Services are controlled and operated from and in India. RBL and/or PayUMoney makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable Indian laws, rules, regulations, guidelines including but not limited to export and import regulations and RBI regulations. You may not use the Service if you are a resident of a country embargoed by the India, or are a foreign person or entity blocked or denied by the Indian government. Unless otherwise explicitly stated, all materials found on the Services are solely directed to individuals, companies, or other entities located in India.
- 14.5 RBL/ PayUMoney's sole obligation and your sole and exclusive remedy in the event of interruption in Services or loss of use and/or access to Services, will be to use all reasonable endeavours to restore the Services and/or access as soon as reasonably possible. In no event will PayUMoney be liable for issuance, termination, expiry, suspension, loading/deposits, withdrawing, transfer of funds to or from the Wallet.
- 14.6 PayUMoney/ RBL make no representations or guarantees regarding Merchants utilizing PayUMoney/ RBL's Services. Use of PayUMoney/ RBL's Services in no way represents any endorsement by PayUMoney/ RBL of a Merchant's existence, legitimacy/legality, ability, policies, practices, beliefs as well as the Merchants Products and reliability. The Merchant alone will be responsible to the Walletholder and neither we nor anybody connected to us will have any responsibility or liability towards the Walletholder for Products purchased from the Merchant.
- 14.7 The relationship between PayUMoney/RBL and the Merchant is on principal-to-principal basis. PayUMoney/ RBL have no connection or interest of whatsoever nature in the business of the Merchant or the Products offered/marketed by the Merchant. PayUMoney/RBL do not in any manner take part in the business of the Merchant, directly or indirectly.
- 14.8 For the use of PayUMoney/ RBL's Services, the Merchant pays Fees to us as posted on our website and PayUMoney/ RBL are nowhere connected or concerned about the revenues of the Merchant.
15. ADDITION/ WITHDRAWAL OF FACILITIES:
- 15.1 RBL Bank or PayUMoney may, at their discretion, make available to the Walletholder more services on the Wallet, POS Terminals, Internet or other wise and/ or other devices through shared networks for the Walletholder's convenience and use. All fees and charges related to Transactions done by the Walletholder at these devices as determined by RBL Bank from time to time will be recovered by a debit to the balance available on the Wallet. The Walletholder understands and agrees that the shared networks may provide different functionalities and service offerings and different charges for different services. RBL Bank shall also, in its sole discretion, at any time, without notice to the Walletholder, be entitled to withdraw, discontinue, cancel, suspend/ or terminate the facility to use the Wallet and/ or services related to it, at POS Terminal/ Internet/ other devices within India and shall not be liable to the Walletholder for any loss or damage suffered by him resulting in any way from such withdrawal, discontinuance, cancellation, suspension or termination.
- 15.2 RBL Bank and PayUMoney reserves the right to change these terms and conditions and reserves the right to modify the fees applicable to the Wallet at any time. The most current version will always appear at the website: https://www.payumoney.com
16. DISCLOSURE OF INFORMATION AND INTELLECTUAL PROPERTY RIGHTS
- 16.1 RBL Bank reserves the right to disclose the Walletholder's information to any court of competent jurisdiction, quasi-judicial authorities, law enforcement agencies and any other wing of Central Government or State Government. The Walletholder hereby consents to sharing of their information with service providers or agencies or partners for providing services in relation to the Wallet.
- 16.3 PayUMoney and RBL may use the Walletholder information/data to market, advertise and notify the Walletholder of various PayUMoney/RBL offerings. The Walletholder fully understands that due to use of the Walletholder of the Services and PayUMoney Services through PayUMoney Site, PayUMoney/RBL may create or generate database in respect of such Walletholder. All rights and ownership with respect to such database shall vest with PayUMoney/RBL.
- 16.4 The user interfaces, graphics, logos, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of the Service provided by the PayUMoney or RBL are protected by copyright, designs, patent, and trademark laws, international conventions and other applicable intellectual property and proprietary rights of either PayUMoney, RBL or third parties authorized by RBL or PayUMoney.
- 16.5 Nothing contained herein shall authorize the Walletholder to use, apply, invade or in any manner exploit or infringe the intellectual property rights of the RBL/ or PayUMoney, and the usage of the same shall be in compliance with these Terms and Conditions and such approval and policies as may be notified from time to time. In addition, Walletholder undertakes not to infringe the intellectual property rights of any third party.
- 16.6 The Walletholder undertakes not to infringe the intellectual property rights of RBL and/or PayUMoney respectively, whether directly or indirectly through any third party. The Walletholder warrants that it shall only use the PayUMoney Services, Site and Software Application and the Services for the purposes of these Terms and Conditions. Walletholder or any other person empowered by the Walletholder shall not use the PayUMoney Site and Software Application and/or RBL Services and software in any form whatsoever, so as to:
- design, realize, distribute or market a similar or equivalent software program;
- adapt, modify, transform or rearrange the PayUMoney and RBL software applications and PayUMoney Site for any reason whatsoever, including for the purpose, among other things, of creating a new software program or a derivative software program;
- allow unauthorized use of or access to the PayUMoney and RBL software applications and PayUMoney Site and PayUMoney Site;
- disassemble, reverse engineer, decompile, decode or attempt to decode the PayUMoney and RBL software applications and PayUMoney Site;
- allow the PayUMoney and RBL software applications and PayUMoney Site to be disassembled, reverse engineered, decompiled or decoded; and/or
- in any way override or break down any protection system integrated into the PayUMoney and RBL software applications and PayUMoney Site.
- 17.1 These Terms and Conditions will be governed by and be construed in accordance with the laws of India. All disputes are subject to the exclusive jurisdiction of the Courts in New Delhi, irrespective of whether any other Court may have concurrent jurisdiction in the matter. The Walletholder shall be liable for all costs associated with resolution of the dispute, legal expenses and decretal amounts with interest, should it become necessary to refer the matter to any agent or where legal resources for enforcement of rights of RBL Bank in this regard.
- 18.1 Any communication from RBL or PayUMoney to the Walletholder will be deemed to be completed within 7 days of sending such a communication to the most recent mailing address or Email ID or mobile number available with RBL Bank
- 18.2 Walletholder can contact RBL Bank at any of the below mentioned points: Email to firstname.lastname@example.org
19. FEES AND CHARGES
- 19.1 All fees and charges related to Wallet, as determined by RBL Bank will be recovered by a debit to the Wallet or through other means as available and applicable. The fees are not refundable. Any government charges, duty or debits, or tax payable as a result of the use of the Wallet shall be the Walletholder's responsibility and if imposed upon RBL Bank (either directly or indirectly), RBL Bank shall debit such charges, duty or tax against the Wallet.
- 19.2 Wallet Fees or charges applicable to Wallet are subject to change from time to time at the sole discretion of RBL Bank and PayUMoney.
- 19.3 Details of the currently applicable fees and charges as stipulated by RBL Bank will be displayed on the website https://www.payumoney.com or communicated from time to time.
Fees Schedule (with effect from 1 December 2014)
Wallet Issuance fee
Zero Annual Maintenance Fee
Unless explicitly stated in this Schedule of Charges, Service Tax as may be applicable from time to time on all fees, surcharge and other charges will be levied to the Walletholder.
Applicable service tax will be levied on the aforementioned charges. Above mentioned fees will be applicable till further notice
RBL Bank/PayUMoney may choose to waive / alter certain fee by communicating the same to the Walletholder on a case to case basis.
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