Last updated on 24th November 2020
THE USER UNDERSTANDS AND UNCONDITIONALLY ACKNOWLEDGES THAT EVEN THOUGH THE USER MAY BE ALLOWED TO EXECUTE TRANSACTIONS ON THE PLATFORM OF FONEPAISA, THE FUNDS SHALL NOT BE SETTLED TO THE ACCOUNT OF SUCH USER PENDING COMPLETION OF KYC OBLIGATIONS ON THE PART OF THE USER IN ACCORDANCE WITH THE RBI'S KYC GUIDELINES (DEFINED BELOW). FURTHER, UPON NON-COMPLETION OF KYC OBLIGATIONS ON THE PART OF THE USER, AS MENTIONED ABOVE, TO THE SATISFACTION OF FONEPAISA, WE RESERVE THE RIGHT TO NOT RELEASE THE SETTLEMENT AMOUNTS TO THE USER AND MAY EVENTUALLY REVERSE THE FUNDS TO THE ACCOUNT FROM WHERE SUCH PAYMENT ORIGINATED.
Schedule I also contains descriptions and process flows of all Services that are offered to Users. These descriptions and process flows are set out in Part A to Part G in Schedule I.
fonePaisa is constantly evolving in order to provide the best possible experience and information to its Users. You acknowledge and agree that the form and nature of the Services which fonePaisa provides may change from time to time without any prior notice to you.
As part of this continuing process, you acknowledge and agree that fonePaisa may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to Users generally at fonePaisa's sole discretion, without any prior notice. You may stop using the Services at any point of time. You do not need to specifically inform fonePaisa when you stop using the Services.
You acknowledge and agree that if fonePaisa disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account, and fonePaisa shall intimate you regarding the same.
fonePaisa reserves the right to delete your User information stored in your account including but not limited to all or any personal information or any sensitive personal data or information ("SPDI") stored in your User account. Alternately, a User may notify us if they do not wish that we retain or use the personal information or SPDI by contacting the Grievance Officer (as provided below). However, in such a case, we may not be able to provide you some or all of our Services.
You acknowledge and agree that while fonePaisa may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services, such fixed upper limits may be set by fonePaisa at any time, solely at fonePaisa's discretion.
By using our Services, you agree that fonePaisa disclaims any liability or authenticity of any information that may have become outdated since the last time that particular piece of information was updated. fonePaisa reserves the right to make changes and corrections to any part of the content of this Website at any time without any prior notice to you. Unless stated otherwise, all pictures and information contained on this Website are believed to be in the public domain as either promotional materials, publicity photos, photoshoot rejects or press media stock. Please contact the Grievance Officer by an e-mail if you are the copyright owner of any content on this Website and you think the use of the above material violates the terms of the applicable Copyright law in any manner. In your request, please indicate the exact URL of the webpage to enable us to locate the same. We will endeavour to address your concerns and take necessary steps, if required. Please note that all images displayed on the Website have been digitised by fonePaisa. No other party is authorised to reproduce or republish these digital versions in any format whatsoever without the prior written permission of fonePaisa.
fonePaisa acknowledges and represents that it is and shall remain Payment Card Industry Data Security Standard ("PCI DSS") certified. Further, fonePaisa shall maintain compliance with PCI DSS Standard or other comparable industry standards governing physical/ logical security cardholder data across fonePaisa environment and ensure that the card holder's data is secured in accordance with the standards.
Not with standing anything else contained in any other agreement involving you and fonePaisa and/ or any other third party, in order to ensure that we are not violating any right that you might have in your Registration Data, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights (but no other rights) that you have in the Registration Data, in any media now or in future known, with respect to your Registration Data solely to enable us to use such Registration Data that you have supplied to us.
Any amendment or rectification of your Registration Data in the User account can be carried out by accessing the "User account" section on the Website. You may choose to delete any or all of your User content/ information or even the User account at any time. Processing such deletion may take some time, but the same shall be done by fonePaisa. We may maintain backup of all User content for such time as may be required under applicable laws and for operational purposes of fonePaisa. You are solely responsible for maintaining the confidentiality of your account and password and for any activity that occurs in or through your account. We will not be liable to any person for any loss or damage which may arise as a result of any failure on your part to protect your login ID or password or any other credential pertaining to your account. You should take all necessary steps to ensure that the password is kept confidential and secure. In case you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner, you should inform us immediately at firstname.lastname@example.org. In the event of any dispute between two or more parties as to ownership of any particular account with fonePaisa, you agree that fonePaisa shall be the sole arbitrator for such dispute and that fonePaisa's decision in this regard will be final and binding on you.
You understand and undertake that you shall be solely responsible for your Registration Data and User content and undertake to, neither by yourself nor by permitting any third party to host, display, upload, modify, publish, transmit, update or share any information that:
You agree and understand that fonePaisa reserves the right to remove and/or edit such detail/ information. If you come across any information as mentioned above on the Website, you are requested to immediately contact our Grievance officer.
You agree to use the data owned by fonePaisa (as available on the Website or through any other means like API(s) etc.) only for personal purposes and not for any commercial use unless agreed to by fonePaisa in writing.
You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by fonePaisa, unless you have been specifically allowed to do so in a separate agreement with fonePaisa. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.
You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services) on this Website.
Unless you have been specifically permitted to do so in a separate agreement with fonePaisa, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
fonePaisa may share any Content (defined hereinafter) generated by the User or their Registration Data with governmental and regulatory agencies who are lawfully authorised for investigative, protective and cyber security activities. Such information may be transferred for the purposes of verification of identity, or for prevention, detection, investigation, prosecution pertaining to cyber security incidents and punishment of offences under any law for the time being in force.
If you have opted for use of fonePaisa's 'subscriptions' product by virtue of which your customers have set up a standing instruction ("RECURRING PAYMENT INSTRUCTION") to charge his/ her chosen payment method (such as credit card, debit card or bank account) as per the billing cycle communicated by you to fonePaisa, then you consent that the relevant amount will be charged to such payment method as per the billing cycle communicated to fonePaisa. You agree that fonePaisa shall continue to charge the relevant amount to the relevant customer's chosen payment method as per such billing cycle until you or the customer terminates the Recurring Payment Instruction.
You further agree that if the customer revokes his/ her consent to the Recurring Payment Instruction then you shall inform us of the revocation in writing for us to cease processing the Recurring Payment Instruction forthwith upon the revocation but no later than 7 (seven) days prior to the next instance of charge to the customer. If such intimation of revocation of Recurring Payment Instruction is made less than 7 (seven) days prior to the next instance of charge to the customer or is not made at all, fonePaisa shall not be liable for any charge applied to the customer for that month pursuant to the revocation or not be liable at all, as applicable. You agree to make good any losses suffered by us on account of demands or claims from customers arising as a consequence of your failure in notifying us about a customer's revocation of the Recurring Payment Instruction.
You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to fonePaisa (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by fonePaisa or by the owners of that Content, in writing and in a separate agreement.
fonePaisa reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service.
fonePaisa reserves the right to moderate, publish, re-publish, and use all User generated contributions and comments (including but not limited to reviews, profile pictures, comments, likes, favorites, votes) posted on the Website as it deems appropriate (whether in whole or in part) for its product(s), whether owned or affiliated. fonePaisa is not liable to pay royalty to any User for re-publishing any content across any of its platforms.
If you submit any material on the Website, you agree thereby to grant fonePaisa the right to use, moderate, publish any such work worldwide for any of its product(s), whether owned or affiliated.
You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, your use of the Services will be at your own risk.
You agree that you are solely responsible for (and that fonePaisa has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which fonePaisa may suffer) by doing so.
You acknowledge and agree that fonePaisa (or fonePaisa's licensors) owns all legal and proprietary right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by fonePaisa and that you shall not disclose such information without fonePaisa's prior written consent.
Unless you have been expressly authorized to do so in writing by fonePaisa, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized User of such marks, names or logos.
User agrees and unconditionally undertakes to comply with all applicable commercial and public anti-bribery and anti-corruption laws (including but not limited to the provisions of Foreign Corrupt Practices Act, 1977, UK Bribery Act, 2010, Prevention of Corruption Act, 1988, Prevention of Money Laundering Act, 2002, Foreign Contribution (Regulation) Act, 2010, and any amendments thereto) which prohibit the User, its/ his/ her officials, representatives, agents or any other person associated with or acting on behalf of such User from giving, offering, promising to offer, receiving/ accepting or acting in any other manner so as to induce a payment, gift, hospitality or anything of value (either directly or indirectly) whether from within the country or from abroad to government officials, publics servants, regulatory bodies, judicial authorities, persons in positions of authority, elected or contesting electoral candidates, political parties or office bearers thereof or any other third party or person in order to obtain an improper commercial/business advantage of any kind. Government Officials include any government employee, candidate for public office, an employee of government - owned or government -- controlled companies, public international organisation and political parties. User also agrees not to give, offer, pay, promise or authorise to give or pay, directly or through any other person, anything of value to anybody for the purpose of inducing or rewarding any favourable action or influencing a decision in favour of the User. The User also unconditionally agrees and undertakes that it is compliant with and shall do/ undertake all acts necessary to continue to be compliant with the provisions of 'The Know Your Customer (KYC) / Anti-Money Laundering (AML) / Combating Financing of Terrorism (CFT) guidelines issued by the Department of Regulation', RBI, as amended from time to time.
User undertakes that it shall, during the use of the Services, be in compliance with the mandates of OFAC and acknowledges that the User has not directly or indirectly lent, contributed or otherwise made available funds to any of its affiliates, joint venture partners or any other person or entity for the purpose of financing the activities of any person currently subject to the OFAC Specially Designated Nationals List (SDN), Consolidated Sanctions List and the Additional OFAC Sanctions List, as amended from time to time. For the purpose of this paragraph 7, OFAC means the Office of Foreign Assets Control constituted under the laws of the United States of America.
You expressly understand and agree that your use of the Services is at your sole risk and that the Services are provided on an "as is" and "as available" basis.
In particular, fonePaisa, its subsidiaries and affiliates, and its licensors do not represent or warrant to you that:
Any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.
fonePaisa further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
The User/ seller hereby represents and warrants:
The User shall indemnify and hold fonePaisa, its subsidiaries, affiliates, promoters, directors, employees, contractors, licensors and agents and any other related or third parties involved with fonePaisa in any manner whatsoever, harmless from and against all losses arising from claims, demands, actions or other proceedings as a result of:
Subject to the overall provisions stated above, you expressly understand and agree that fonePaisa, its subsidiaries, affiliates, promoters, directors, employees, agents and licensors shall not be liable to you for:
The limitations on fonePaisa's liability to you shall apply whether or notfonePaisa has/ had been advised of or should have been aware of the possibility of any losses to you.
fonePaisa shall not be in breach of its obligation hereunder if it is delayed in the performance of, or is unable to perform (whether partially or fully) its obligations (provide the Services) as a result of the occurrence of a Force Majeure Event (defined below).
Any payment obligations of fonePaisa, in case of a Force Majeure event, shall be limited by and be subject to the fulfilment of the payment obligations of the partners banks/ financial institutions, counterparties and any other parties involved in or intrinsically linked to the provision of the Services of fonePaisa.
The User may receive or have access to certain confidential and proprietary information, including without limitation, information belonging and/or relating to fonePaisa and its affiliates, marketing prospects, contractors, officers, directors or shareholders, personal data of customers of the User, financial and operational information, billing records, business model and reports, computer systems and modules, secure websites, reporting systems, marketing strategies, operational plans, proprietary systems and procedures, trade secrets and other similar proprietary information, including technical "know-how", methods of operation, business methodologies, software, software and technology architecture, networks, any other information not generally available to the public, and any items in any form in writing or oral, clearly identified as confidential ("CONFIDENTIAL INFORMATION").
The User hereby unconditionally and irrevocably agrees and undertakes to take all necessary measures to ensure that the User's website or any other computer system that is being used to effect Transactions by the usage of Services, do not store/ save any customer card or any other such related data. You further undertake that you shall be responsible for ensuring complete and absolutely privacy, anonymity and security of all customer data flowing through your systems during the usage of the Services by you.
Exceptions: The aforesaid confidentiality obligations shall impose no obligation on the User with respect to any portion of Confidential Information which:
The User shall notify fonePaisa immediately upon discovery of any unauthorized use or disclosure of Confidential Information or any other breach of this paragraph 12. The User will cooperate with fonePaisa in every reasonable way to help fonePaisa regain possession of such Confidential Information and prevent its further unauthorized use.
Remedies: Parties acknowledge that irreparable damage may occur on breach of the terms and provisions set out in this paragraph 12. Accordingly, if the User breaches or threatens to breach any of the provisions set out in this paragraph 12, then fonePaisa shall be entitled, without prejudice, to seek all the rights and remedies available to it under applicable law, including a temporary restraining order and an injunction restraining any breach of the provisions set out in this paragraph 12. Such remedies shall not be deemed to be exclusive but shall be in addition to all other remedies available under applicable law or in equity.
Subject to paragraphs 14.2 and 14.3 below, if fonePaisa is intimated, by the Acquiring Bank or a Card Payment Network, that a customer has reported an unauthorised debit of the customer's payment instrument ("FRAUDULENT TRANSACTION"), then fonePaisa shall be entitled to suspend the settlement of the amount associated with the Fraudulent Transaction during the pendency of inquiries, investigations and resolution thereof by the Acquiring Bank or the Card Payment Network.
Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.
The manner, mode and extent of advertising by fonePaisa on the Services are subject to change without any specific notice to you.In consideration for fonePaisa granting you access to and use of the Services, you agree that fonePaisa may place such advertising on the Services.
Thereafter, you authorise us to transfer the payments received from your buyers to the bank account designated by you for this purpose at the time of registration ("ACQUIRING BANK"). Your authorisation will remain in full force and effect until your fonePaisa account is closed or terminated.
"CARD PAYMENT NETWORK RULES" refer to the written rules, regulations, releases, guidelines, processes, interpretations and other requirements (whether contractual or otherwise) imposed and adopted by the Card Payment Networks. These Card Payment Networks have infrastructure and processes to enable transaction authorisation. The Card Payment Networks require you to comply with all applicable guidelines, rules, and regulations formulated by them.
You agree to fully comply with all programs, guidelines, requirements that may be published and/ or mandated by the Card Payment Networks. Notwithstanding our assistance in understanding the Card Payment Network Rules, you expressly acknowledge and agree that you are assuming the risk of compliance with all provisions of the Card Payment Network Rules, regardless of whether you are aware of or have access to those provisions. MasterCard, Visa and American Express make excerpts of their respective rules available on their internet sites.
In the event that your non-compliance of Card Payment Network Rules, results in any fines, penalties or other amounts being levied on or demanded of us by a Card Payment Network, then without prejudice to our other rights hereunder, you shall forthwith reimburse us in an amount equal to the fines, penalties or other amount so levied or demanded or spent by us in any manner in relation to such fines, penalties and levies. If you fail to comply with your obligations towards the Card Payment Networks, fonePaisa may suspend settlement or suspend/ terminate the Services forthwith.
Sellers receive the amount (minus fonePaisa's Fee) in their bank account within T+3 bank working days where T is defined as the date of intimation of the completion of the transaction. fonePaisa shall be entitled to charge on the Fee, taxes applicable from time to time ("APPLICABLE TAXES"). It is agreed that any statutory variations in Applicable Taxes during the subsistence of this Agreement shall be borne by the User.Monthly invoices shall be raised by us in respect of the Fees charged for transactions processed during such month. Any reasonable dispute in respect of an amount (or a portion thereof) mentioned in an invoice must be communicated by the User via notice ("INVOICE DISPUTE NOTICE") within a reasonable period of time but no later than thirty (30) calendar days from the date of the invoice. fonePaisa shall use good faith efforts to reconcile any reasonably disputed amounts within reasonable time from the receipt of the Invoice Dispute Notice.
In respect of invoices received by the Client, it is agreed that if the User pays over applicable taxes under the Indian Income Tax laws and furnishes to us the TRACES certificate in respect of such taxes paid, then we shall reimburse to the User, on a quarterly basis, the amount in respect of such taxes paid.
Once a payment is authenticated by payment service providers, money shall be moved to the escrow account and the first settlement shall be initiated only after all required documents (in hard copies) are received by fonePaisa.
All risks associated with the delivery of the goods or service will solely be that of the seller and not of fonePaisa. Also, all disputes regarding quality, merchantability, non-delivery, delay in delivery or otherwise will be directly between the seller and the buyer without making fonePaisa and/ or the payment service providers, a party to such disputes.
Further, fonePaisa also reserves the right to close, suspend, limit or put on hold the User's access to the account with fonePaisa and/ or the funds available therein, including settlements pertaining to the User under inter alia the following scenarios:
Such right to close, suspend, limit or put on hold the User's access to the account with fonePaisa shall continue till such time that such User submits genuine KYC documents or credentials to the satisfaction of the relevant authorities as per the extant rules, regulations or guidelines with regard to KYC, as well as to the satisfaction of fonePaisa without prejudice to any other legal remedy that fonePaisa is entitled to prefer as per applicable law.
You agree that you will not accept payments in connection with businesses, business activities or business practices, including but limited to the following:
The above list is subject to additions/ amendments (basis changes/ amendments to applicable laws) by fonePaisa without prior intimation to you.
On such notification the seller will conduct an internal review of such matter and will, within 5 (five) working days from receipt of notification, respond to us in writing either:
All refunds shall be made to the original method of payment. In the event that the seller provides a Refund Request to us or fails to contest such Disputed Transaction within the aforesaid 5 (five) working days or contests Disputed Transaction without providing supporting documentation to us, payment service providers, Card Payment Network and/ or issuing institution's satisfaction, we will be entitled to recover the Refund Monies from credits subsequently made to the escrow account with respect to payments made by the seller's buyers.
In the event that we are unable to recover the Refund Monies as aforesaid, due to the amounts credited to the escrow account being lower than the Refund Monies, fonePaisa shall be entitled to recover such Refund Monies (or any part thereof) from the User by (i) raising a debit note in respect of such monies; and/ or (ii) setting-off the remaining Refund Monies against the future payables to the seller and refund the same to the respective buyers. The seller will be liable to make payment of the Refund Monies or part thereof which has not been recovered by us forthwith. It is hereby agreed and acknowledged by the parties that the Fees charged by us in respect of the Disputed Transaction will not be refunded or repaid by us to the seller, buyer or any other person. Further, the Chargeback will be provided within 1 (one) week of the transaction and maximum amount of the Chargeback payable by fonePaisa to the buyer will be the value of the transaction only.
In case of any technical issues, please raise a support ticket from your service dashboard or by emailing us at email@example.com let us know of the same. We endeavour to deliver Service to you within 15 (fifteen) working days of bank approval, failing which you can terminate a transaction related to Service at any time and get a full refund.
GRIEVANCE CUM NODAL OFFICER
FONEPAISA SOFTWARE PRIVATE LIMITED
ADDRESS: 4022, SOBHA CHRYSANTHEMUM, THANISANDRA MAIN ROAD, BENGALURU- 560077
fonePaisa is the only payments solution in India that allows businesses to accept, process and disburse payments with its product suite. It gives you access to all payment modes including credit card, debit card, netbanking, UPI and popular wallets including JioMoney, Mobikwik, Airtel Money, FreeCharge, Ola Money and PayZapp.
fonePaisa’s business banking arm, brings effectiveness, efficiency and excellence to all financial processes. With fonePaisaX, businesses can get access to fully-functional current accounts, supercharge their payouts and automate payroll compliance.
Manage your marketplace, automate bank transfers, collect recurring payments, share invoices with customers and avail working capital loans - all from a single platform. Fast forward your business with fonePaisa.