Welcome to UltraCash Mobile Application ("UltraCash"). This page details the terms and conditions ("Terms") on which we offer the services ("Services") on the Mobile App. Please read these Terms carefully before using UltraCash.
You understand that by using UltraCash, you are deemed to have accepted these Terms, regardless of how you subscribe to or use the services of the Mobile App. These Terms of Service and various other policies are binding under relevant provisions of the Information Technology Act of 2000.
In these Terms, references to "you", "User", "Your" shall mean the end user/shopper/customer accessing the Mobile App, its contents and using the Services offered through the Mobile App. "We", "Us", "Our" shall mean UltraCash Technologies Private Limited and its affiliates.
Use of UltraCash is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use UltraCash. If you are a minor i.e. under the age of 18 years, you shall not register as a User of UltraCash and shall not transact. As a minor if you wish to use or transact on UltraCash, such use or transaction may be made by your legal guardian or parents on UltraCash. UltraCash reserves the right to terminate your membership and / or refuse to provide you with access if it is brought to our notice or if it is discovered that you are under the age of 18 years.UltraCash Service
UltraCash is a mobile Payment application which allows users to pay to merchants for goods or services purchased. Users can pay using UltraCash to merchants who are signed up on UltraCash Merchant Network. UltraCash is a payment Service Provider only and does not sell goods or services. UltraCash is not and cannot be a party to or control in any manner any transaction between the Users and merchants. UltraCash system is PCI-DSS certified and adheres to Mobile Payment guidelines prescribed by RBI.
UltraCash allows the user to make Payment transactions
In above cases, users are allowed to make a payment using various payment instruments which includes Bank Accounts (using IMPS) and Credit and Debit Cards. The payment instruments and all data are securely stored in UltraCash systems which are PCI-DSS compliant and certified. UltraCash is completely compliant with Reserve Bank of India (RBI) Mobile Payment guidelines.Registration
As part of registration process of UltraCash, user provides his/her mobile number. Mobile number verification is done by UltraCash. On successful verification, user is asked to generate a 6 digit secure PIN. This PIN would be required to access the UltraCash application every time. The user is supposed to keep this PIN secret and not share with anybody.Storing Payment Instruments
User can configure his/her Bank accounts or Credit/Debit Card supported on UltraCash. As part of the configuration, UltraCash application sends SMS messages to the configured Bank or Credit/Debit Card Issuing Banks to authorize the account/cards. All the Payment instruments are stored securely in UltraCash systems which are PCI-DSS compliant and certified.How to Use UltraCash
At the time of payment, user needs to provide 6 digit PIN to access the application. User chooses the Payment Instrument (Bank account or Card) and then requests for the One Time Password (OTP) for the transaction. On receiving the OTP, user takes the phone within 3 inches of the Merchants phone and clicks on “Initiate Payment” to initiate the payment.
User gets the invoice on his/her phone which clearly displays the Merchant Name and the amount that the merchant is charging the customer. The customer needs to validate the amount and then click on “Pay Now” to complete the payment. The status of the transaction is then shown to the user.Permissible Payment Transaction
The user may only use UltraCash Payment System to process a payment for goods or service that is purchased from a seller through a legitimate, bona fide sale of the goods or service. You may not use the UltraCash service to purchase any goods or services which are illegal as per the Terms of agreement or Applicable Law of the country.General Terms Related to use of UltraCash
UltraCash would provide limited period offers from time to time and reserves the right to apply or revoke the offer. UltraCash reserves the right to decide which payments qualify for the cash back offer. The current offer would be displayed clearly in the “Offers & Rewards” section of the UltraCash Mobile application. While the payment transaction in UltraCash doesn’t require internet facility on the customer mobile, having a mobile internet facility on the phone would aid in getting timely updates of the offers from time to time.Communication Policy
When You use UltraCash or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.Refund Policy
You are responsible for the receipt of the goods or services from the Merchant in lieu of which the payment has been made. UltraCash is not responsible for any purchase for which the said goods or services have not been received by you from the merchant. However, in case of issues in transactions, you may contact our customer support for resolution.Mobile Recharges
We are a Reseller Only. UltraCash does not provide mobile service and is only a reseller of prepaid mobile services by telecommunications service providers or the providers of such prepaid recharge (the 'Telco' or 'Telcos') or other distributors or aggregators of such Telco’s. Recharge sold by us to you is sold without recourse against us for any breach of contract by the Telco.Bill Payments
From time to time, UltraCash, at its sole discretion, can add to or delete from such list of Billers that can be used in respect of making payments to a Biller. UltraCash assumes no responsibility and shall incur no liability if it is unable to affect any Payment Instruction(s) on the Payment Date owing to any one or more of the following circumstances:
You will indemnify, defend, and hold UltraCash and its payment processors (and respective employees, directors, agents, affiliates and representatives) harmless from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to: (a) any actual or alleged breach of your representations, warranties, or obligations, including without limitation any violation of policies; (b) Your wrongful or improper use of the UltraCash; (c) any transaction submitted by you through UltraCash (including without limitation the accuracy of any Seller Content or product, service, or transaction information that you provide or any claim or dispute arising out of products or services offered or sold by you); (d) Your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (e) Your violation of any law, rule or regulation of the Indian Government or any other country.Limitations of Liability and Damages
To the maximum extent permitted by applicable law, in no event shall UltraCash, its processors, service providers, suppliers, or licensors (or their respective affiliates, agents, directors, or employees) be liable for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, that result from the use of, inability to use, or unavailability of the services. Under no circumstances will UltraCash be responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the services by you, or the information contained therein.
In no event shall UltraCash, its processors, service providers, agents, suppliers, or licensors (or their respective affiliates, agents, directors, or employees) be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount of fees earned by UltraCash in connection with your use of the services during the three (3) month period immediately preceding the event giving rise to the claim for liability.Termination
If You or UltraCash terminates your use of the Mobile App or any Service, UltraCash may delete any information relating to your use of the Service and UltraCash will have no liability to you or any third party for doing so. However, your transactions details may be preserved by UltraCash for purposes of tax or regulatory compliance.
Either party shall have the right to cease/terminate the relationship by giving each other a prior twenty four (24) hours written notice.Governing Law
These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts, tribunals, fora, applicable authorities at Bangalore.
As an additional benefit of using UltraCash, we may reward credit points to you from time to time. The reward scheme vary from one merchant to another and the details would be available in the UltraCash application.
The reward points will be given in the form of credits that only be redeemed at UltraCash merchants.
Currently, 1 credit point can be redeemed as Re.1 in an UltraCash merchant transaction.
A maximum of 75 credits can be rewarded in a day. A maximum of 250 credits can be received in a calendar month.
Any credits rewarded will be available for use after a minimum of 24 hours.
At some merchants, only 50% of the Credits available in app can be redeemed in an UltraCash merchant transaction.
The Credits can be redeemed in next 90 days after receiving it. After the 90 days, the credits will be automatically voided and cannot be redeemed.
Only a fixed portion of the Credits available can be redeemed per day. Currently only 100 credits can be redeemed in a day.
Referral Credit Rule: 25 credits are awarded when the referee completes a successful transaction using his bank account, Credit/Debit Card or Wallet. A maximum of five referrals are allowed per user. After 5 successful referrals, no cash back will be awarded.
We reserve the right, at our sole discretion, to change, modify, add or remove Credit value, its validity, reward policy & its redemption policy at any time without any prior written notice to You.
We value the trust you place in us. That's why we insist upon the highest standards for secure transactions and customer information privacy. Please read the following statement to learn about our information gathering and dissemination practices.
UltraCash reads the text messages (SMS) received by you from various service providers, including but not limited to financial institutions, mobile service providers, utility companies and retail outlets; related to one or more transactions, including availing services, orders, billing and renewal notifications. The information in these text messages enable us to provide you the most user friendly payment experience. The application only accesses business messages that usually originate from alphanumeric senders and does not include messages that originate from 10 digit numeric numbers.
Registration Information: At the time of registration with UltraCash, an UltraCash account is created for the user with user’s email address and mobile number. Additionally we also capture phone related information such as IMSI, Device Name and Android Version. Depending on the payment service availed; user might need to provide Bank account number, Credit/Debit Card number, Card Expiry Date, Name on Card. All the above information is securely stored within UltraCash Systems as per the PCI DSS standards. Further to that, encryption mechanisms are used to protect the transmission of this data to UltraCash backend servers.
Transaction Information: When the user conducts a transaction, UltraCash may collect transaction information which may include – Date, time, transaction amount, Merchant, payment method, Payment instrument, location, email and phone number of user and merchant, offers associated with transaction, description of transaction.
Log File Information: When you use UltraCash, our servers automatically record certain information that your device sends to our servers. These server logs may include information such as your web request, Internet Protocol (IP) address, platform type, browser type, browser language, web request, referring/exit pages and URLs, domain names, amount of time spent on particular pages, the date and time of your request, your phone number and status information. When you use the UltraCash mobile app, our servers log certain general information that our application sends whenever payment related activity is performed in the app.How we use the information we collect
We use information provided by you to operate, maintain and provide to you the features and functionality of UltraCash service. In particular, your mobile number is essential to your use of the UltraCash service and will be retained. Billing/bank account details are stored (until deleted by you) in our secure and PCI-DSS certified infrastructure. Transaction logs are stored as per the tax and regulatory compliance.
Since the application is in the financial space, certain information elements such as email addresses and device details are used in the fraud detection module in order to serve you better.
We may use both your information (such as anonymized usage data, IP addresses, platform type etc) to improve the quality and design of the UltraCash service to create new features, promotions and functionality by storing, tracking and analysing user preferences and trends.Information we share
We respect your privacy and share your information with 3rd parties ONLY on need basis in order to fulfil the service being provided to you. These cases include: during registration, using your mobile phone number for verification, either by SMS or a phone call; during transaction, sending the bank account credentials to the banking partner in order to complete the transaction. In both these cases, we ensure that the communication is secured to utmost security levels. We may also need to share the information with government agency in order to comply with the law. Other than the cases mentioned above, we don’t share any personally identifiable information to any other third party.
We use Analytics tools, such as Google Analytics, to understand the trends and improve upon our services. We share only non-personally identifiable information for this purpose and the data would consist of cookie and usage data, with usage data being category and action information.Consent
By using UltraCash, you consent to the collection and use of the information you disclose to us in accordance
of the Grievance Officer are provided below:
UltraCash Technologies Private Limited
442, 1st floor, 17th Cross, Sector 4
HSR Layout, Bangalore - 560102
THIS DOCUMENT IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS / RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THIS AGREEMENT DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE. THIS DOCUMENT IS ALSO DISCLOSED IN COMPLIANCE WITH SECTION 21 OF PAYMENT AND SETTLEMENT SYSTEMS ACT, 2007 AND AS REQUIRED TO BE DISCLOSED UNDER POLICY GUIDELINES ON ISSUANCE AND OPERATION OF PRE-PAID PAYMENT INSTRUMENT IN INDIA.
THIS AGREEMENT IS A LEGALLY BINDING DOCUMENT BETWEEN YOU AND THE BANK (BOTH TERMS DEFINED BELOW). THE TERMS OF THIS DOCUMENT WILL BE EFFECTIVE UPON YOUR ACCEPTANCE OF THE SAME (IN ELECTRONIC FORM OR BY MEANS OF AN ELECTRONIC RECORD OR OTHER MEANS) AND WILL GOVERN THE RELATIONSHIP BETWEEN YOU AND THE BANK FOR THE USE OF ULTRACASH WALLET AND SERVICES (DEFINED BELOW). IF ANY TERMS OF THIS DOCUMENT CONFLICT WITH ANY OTHER DOCUMENT/ELECTRONIC RECORD IN THIS BEHALF, THE TERMS AND CONDITIONS OF THIS AGREEMENT SHALL PREVAIL, UNTIL FURTHER CHANGE / MODIFICATIONS ARE NOTIFIED BY THE BANK.
Before Yes Bank Limited issues You the UltraCash Wallet or before You use the UltraCash Wallet issued by Yes Bank Limited, please read these TERMS & CONDITIONS carefully. By offering to acquire, accepting or using UltraCash Wallet, You are unconditionally agreeing to the Terms and Conditions set out below with Yes Bank Limited and will be bound by them.
By agreeing to these Terms and Conditions, You represent the following:
All references in these Terms and Conditions to You or Your shall refer to the users or Customer of Website or Merchant Site(s). All references in these Terms and Conditions to We, Us, or Our shall refer to Yes Bank Limited, and their respective affiliates, as the case may be.
1. DEFINITIONS: Unless the context requires otherwise the terms defined shall have the same meaning attributed to them herein:
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 independent of the terms and conditions of Merchant(s)' site(s).
3. ISSUANCE AND REGISTRATION OF ULTRACASH WALLET / PREPAID PAYMENT ACCOUNT
3.1. The Prepaid Payment Account will be issued by the Bank to Customer on the request of the Customer and pursuant to the Customer making an application for registration of UltraCash Wallet and agreeing to these Terms and Conditions and other applicable terms and conditions in the manner prescribed by the Bank in this regard, provided the Customer has fulfilled the eligibility and Know Your Customer ("KYC") criteria and provided all relevant information and/or documentation request by the Bank.
3.2. A Customer desirous of acquiring a Prepaid Payment Account should apply to the Bank using Website or using Merchant's Site as mentioned on the Website and accept these Terms and Conditions and other terms and conditions as may be specified.
3.3 The Bank reserves the right to reject any application made for issuing a Prepaid Payment Account without assigning any reason.
3.4 In order to acquire register, create and use a Prepaid Payment Account, the Bank may require You to submit certain personal information, such as Your name, mobile phone number, e-mail address, date of birth, preferred language of communication, etc. ("Data"). You agree that the Data You provide to the Bank upon registration and at all other times will be true, accurate, current and complete. You shall immediately inform the Bank or its authorized service provider(s) about change in Data along with such proof of change.
3.5 You hereby authorize the Bank, directly or through third parties, to make any inquiries that the Bank may consider necessary to validate Your identity and/or authenticate Your identity and Prepaid Payment Account 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. You agree and understand that the Data as entered by You shall always be maintained by Bank's authorized service provider(s).
3.6. The collection, verification, audit and maintenance of correct and updated Customer information is a continuous process and the Bank reserve the right, at any time, to take steps necessary to ensure compliance with all relevant and applicable KYC requirements.
3.7 The Bank reserves the right to discontinue the Services/ reject applications for Prepaid Payment Account 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 such an event, the Bank reserves the right to forfeit the balance therein to the extent and in accordance with Applicable Laws.
4. EXTENT OF PREPAID PAYMENT ACCOUNT SERVICES
4.1. The amount that can be transacted in the Prepaid Payment Account is governed by Applicable Laws including rules, regulations and guidelines laid down by RBI which include monthly limits, transaction limits and balance limits on the Prepaid Payment Account. Subject to any change in Applicable Law including guidelines/notifications issued by RBI from time to time the limitations stated hereunder may be reviewed and modified at the discretion of the Bank without prior intimation to the Customer:
4.1.1. Prepaid Payment Account Transactions for payment instruments other than prepaid gift instruments:
a. The maximum monetary value that can be stored at any point of time and the total value of reloads during any given month in Prepaid Payment Account is INR 10,000/- (Indian Rupees Ten Thousand only).
b. The maximum monetary value that can be transferred from one Prepaid Payment Account to other Prepaid Payment Account or the Bank account in a single Transaction is INR 5,000/- (Indian Rupees Five Thousand only). The maximum monetary value that can be transferred from one Prepaid Payment Account to other Prepaid Payment Account or the Bank account in a single month is INR 25,000/- (Indian Rupees Twenty Five Thousand only).
4.1.2. Prepaid Payment Account Transactions for prepaid gift instruments
a. Maximum value of each such payment instrument shall not exceed INR 50,000/- (Indian Rupees Fifty Thousand Only).
b. The maximum number of instruments which can be issued to an individual shall be 25 (twenty five).
c. The validity of the prepaid gift instruments shall be six months. However, it may vary between six months to three years as may be decided by the Bank at the time of issuance of prepaid gift instruments.
4.2 The said Prepaid Payment Account is valid for purchase of Products and Transactions throughout India in Indian Rupees only.
4.3 Prepaid Payment Account or Services thereunder is not transferable unless required by operation of law.
4.4 The Customer shall be able to use the Prepaid Payment Account only to the extent of the amount loaded onto the Prepaid Payment Account.
4.5 The Prepaid Payment Account shall be activated subject to the such minimum amount being loaded on the Prepaid Payment Account as may be specified by the Bank from time to time and after creation of the UltraCash account.
4.6 The Customer or any other person permitted to load the Prepaid Payment Account may credit the Prepaid Payment Account through any of the methods prescribed from time to time.
4.7 The Customer may be able to carry out all or any kind of Transactions, as may be available from time to time
4.8 No cash withdrawal or cash remittance is permissible on the UltraCash Wallet. No interest will be payable by the Bank to Customers on the available balance reflected on the UltraCash Wallet.
4.9 The Customer is permitted to maintain and operate only one Prepaid Payment Account. Any suspected non-conformity with this requirement shall be just cause for the suspension/ discontinuation of any/all Prepaid Payment Accounts associated with the Customer.
4.10 The Bank may further as per its discretion introduce appropriate controls over the usage of the Prepaid Payment Account.
5. NATURE OF USAGE
5.1 The Customer shall at all times ensure that the UltraCash account/ Prepaid Payment Account credentials are kept safe and shall under no circumstances whatsoever allow the UltraCash account and Prepaid Payment Account to be used by any other individual. You shall be responsible for all facilities granted by the Bank and for all related charges and shall act in good faith in relation to all dealings with the Prepaid Payment Account and the Bank.
5.2 The Customer will be responsible for the security of the Prepaid Payment Account including UltraCash account and shall take all steps towards ensuring the safekeeping thereof. The Customer shall not disclose his/her/its password to anyone verbally or in writing nor record it elsewhere.
5.3. The Customer will be liable for all charges incurred on the Prepaid Payment Account until the Prepaid Payment Account is reported for closure. You shall, immediately intimate the Bank of the occurrence of any fraud, hacking or unauthorised use and the Bank may, after due investigations, suspend or terminate the Prepaid Payment Account. However the Bank or any of its authorized service provider(s) shall not be liable for any such unauthorised usage or access of the Prepaid Payment Account and it shall be solely Customers responsibility to ensure privacy and confidentiality of Prepaid Payment Account details.
5.4 On creation of Prepaid Payment Account, You will have the opportunity to use various interactive aspects through which You can communicate with us and share information (collectively "Posted Information"). It is important that You act responsibly when providing such Posted Information. Do not use inappropriate language, make gratuitous personal criticisms or comments. When participating in interactive aspects of the Service, please do include all relevant information in a concise manner to help us provide You with a constructive response.
You agree and acknowledge that:
5.4.1 You are solely responsible for any Posted Information that You submit on the Website or transmit to our Team and/or other users of the Website;
5.4.2 You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. You may not submit any content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party;
5.4.3 You may not provide any Posted Information that falsely expresses or implies that such content or material is sponsored or endorsed by the Bank ;
5.4.4 You may not provide any Posted Information that is unlawful or that promotes or encourages illegal activity;
5.4.5 You understand and agree that the Bank may (but is not obligated to) review and delete any Posted Information that in the sole discretion of the Bank violates these Terms or which might be offensive, illegal, or violate the rights of, harm, or threaten the safety of other users of the Website and/or any other person;
5.4.6 You acknowledge and agree that the Bank does not and shall not be required to actively monitor nor exercise any editorial control whatsoever over the content of any message or other material or information created, obtained or accessible through the Services. The Bank does not endorse, verify or otherwise certify the contents of any comments or other material or information made by You. You are solely responsible for the contents of Your communications and may be held legally liable or accountable for the content of Your comments or other material or information;
5.4.7 You agree that You will only provide Posted Information that You believe to be true and You will not purposely provide false or misleading information; and
5.4.8 The following is a partial list of the kind of content and communications that are illegal or prohibited on/through the Website. The Bank reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Services and terminating the membership of such violators or blocking Your use of the Services and/or the Website. You may not post content that:
(a) belongs to another person and to which You do not have any right to;
(b) is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
(c) harm minors in any way;
(d) infringes any patent, trademark, copyright or other proprietary rights;
(e) violates any law for the time being in force;
(f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(g) impersonates another person;
(h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
(i) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
5.5. You will notify the Bank at firstname.lastname@example.org upon coming across any objectionable content on the Website and the Bank shall use best efforts to remove such objectionable content within the time period prescribed under Applicable Law.
5.6. The Customer shall inform the Bank in writing within seven (7) days, if any discrepancies exist in the Transactions/ particulars of the UltraCash Wallet on any statement / records that is made available to the Customer. If the Bank does not receive any information to the contrary within seven (7) days, the statement and the transactions shall be deemed to be correct and unconditionally and irrevocably binding on You. All records of Your instructions and such other details (including but not limited to payments made or received) maintained by the Bank, in electronic or documentary form pursuant to the Terms and Conditions herein, shall as against You, be deemed to be conclusive evidence of such instructions and such other details. In case of any dispute relating to the time of reporting and/ or Transaction/s made on the UltraCash Wallet or any other matter in relation to the said UltraCash Wallet, the Bank shall reserve the right to ascertain the time and/ or the authenticity of the disputed Transaction.
5.7. You may only use the Services for Transactions with the approved Merchants.
5.8. You must ensure the availability of sufficient funds before executing any Transaction from the Prepaid Payment Account.
5.9. You agree to adhere to all Applicable Laws and all such regulations, guidelines and rules prescribed from time to time by the Bank, RBI and any other regulatory body.
5.10. The Customer agrees that he will not use the Prepaid Payment Account for payment of any illegal/unlawful purchases/purposes.
5.11. You hereby agree and acknowledge that the Prepaid Payment Account is issued, loaded, withdrawn, terminated, closed down, suspended by the Bank only.
5.12. You shall be bound to comply with the terms and conditions and all the policies stipulated by the Bank from time to time in relation to the Prepaid Payment Account. The Bank may, at its sole discretion, refuse to accept the application or to issue Prepaid Payment Account to the Customer.
5.13. You shall not use the Services for any purpose that might be construed as contrary or repugnant to any Applicable Laws, regulations, guidelines, judicial dicta, the Banks policies or public policy or for any purpose that might negatively prejudice the goodwill of the Bank.
5.14. You shall accept full responsibility for wrongful use of the Prepaid Payment Account and which is in contravention of these terms and conditions. You shall indemnify the Bank and UltraCash and their respective director, officers, personnel, contractors and agents, to make good any loss, damage, penalties, claims, demand, interest or any other financial charges (including lawyer fees) that the aforesaid persons may incur and or suffer whether directly or indirectly as a result of the Customer committing violations of these terms and conditions.
5.15. The Bank reserves the absolute discretion and liberty to decline or honor the authorization request on the Prepaid Payment Account without assigning any reason thereto.
5.16. The Customer acknowledges and understands that the Services are linked to internet connection (and in case of mobile, mobile phone connection) and the Bank or its authorised service providers shall not be responsible and the Customer is solely responsible for all liability arising from including but not limited to any loss or interruption of the Services or the unavailability of Services due to a mobile or internet not supporting Website or Merchant site(s).
5.17. The Customer acknowledge and understand that the information submitted by the Customer 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.
5.18. The Bank may request the Customer to submit additional KYC information/documents as part of ongoing monitoring and due diligence.
5.19. The Bank 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 UltraCash Wallet and/or Services.
6. INFORMATION/DATA USAGE
6.1. Except for Posted Information that You submit, all of the information available on or through the Services and/or the Website, including without limitation, text, photographs, graphics and video and audio content, is owned by us and our licensors and is protected by copyright, trademark, patent and trade secret laws, other proprietary rights and international treaties. You acknowledge that the Services and any underlying technology or software used in connection with the Services contain the Bank’s proprietary information. We give you permission to use the aforementioned content for personal, non-commercial purposes only and do not transfer any intellectual property rights to You by virtue of permitting Your use of the Services. You may print, download, and store information from the Website for your own convenience, but You may not copy, distribute, republish (except as permitted in this paragraph), sell, or exploit any of the content, or exploit the Website in whole or in part, for any commercial gain or purpose whatsoever. Except as is expressly and unambiguously provided herein, we do not grant You any express or implied rights.
6.2. THE CUSTOMER UNDERSTANDS THAT THE TERMS AND CONDITIONS PROVIDED ON MERCHANTS SITE(S) SHALL BE INDEPENDENT OF THESE TERMS AND CONDITIONS MENTIONED HEREIN.
7. TRANSACTION AND LOADING OF PREPAID PAYMENT ACCOUNT
7.1 You can use multiple funding sources for loading money in the Prepaid Payment Account. These sources could be but not limited to Cash, Credit Cards, Debit Cards, Net Banking, and transfer from another Prepaid Payment Account.
7.2 The Prepaid Payment Account may also be loaded by transfer of refund money of Transactions carried out using services of Merchant(s) or such other manner as is acceptable to the Bank. The Prepaid Payment Account may also comprise prepaid gift instruments issued by way of incentives such as cash back, gifts, etc. by Merchant or third parties or such other manner as is acceptable to the Bank.
7.3 The Bank may impose charges/ fees etc., payable by the Customer for availing the said Prepaid Payment Account and funds shall be loaded on the Prepaid Payment Account after deduction of the applicable charges/ fees etc.
7.4 In order to manage risk, the Bank may limit the funding sources available for Your use to fund any particular Transaction.
7.5 The Bank may monitor each Transaction made into Your Prepaid Payment Account to monitor high-risk & fraudulent transactions. If Your Transaction is classified as a high-risk Transaction or is suspected of fraud, the Bank will place a hold on the Transaction and may ask You for more information on You and Your funding source. The Bank will conduct a review and accordingly the Bank will either clear or cancel the Transaction, as per Applicable Law. If the Transaction is cleared, Bank will notify You and update Your Prepaid Payment Account. Otherwise, the Bank will cancel the Transaction and the funds may be forfeited. The said funds will be refundable only to source account upon valid demand raised by holder of source account. The Bank will notify You by email and/or in the account history tab of Your Prepaid Payment Account if the Transaction is cancelled.
7.6 When You load the Prepaid Payment Account, You are liable to the Bank for the full amount of the load plus any fees, if the load is later invalidated for any reason including but not limited to chargeback, reversal of Transaction, dispute by the owner of funding source of a Transaction, You agree to allow the Bank to recover any amounts due to the Bank by debiting Your Prepaid Payment Account. If there are insufficient funds in Your Prepaid Payment Account to cover Your liability, You agree to reimburse the Bank through other means. If the Bank is unable to recover the funds from Your primary funding source, the Bank may attempt to contact You and/or recover the funds from Your alternate funding sources, or may at their discretion, can take appropriate legal actions to collect the amount due, to the extent allowed by Applicable Law. In addition, the Bank reserves the right to suspend or terminate Your Prepaid Payment Account.
8. PAYMENT USING Prepaid Payment Account
8.1 The Customer may also partially pay for the Products offered by the Merchant from its Prepaid Payment Account and pay the remaining amount using other payment mechanism such as debit card, credit card, net banking, etc.
9. TRANSACTIONS IN Prepaid Payment Account
9.1 Customer can choose to withdraw the funds available in his Prepaid Payment Account to any bank account by way of IMPS/NEFT in accordance with guidelines of RBI. However, the Bank may deny such withdrawal in any of the events as specified in Clause 10.2 herein below.
9.2 When a customer loads the Prepaid Payment Account, then the customer will not be able to transfer the money for the next 7 days. Thereafter the customer can send money as and when he wants. However, customer can continue using other services like merchant payments, recharges, bill payments without interruption.
9.3 The Bank 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 Prepaid Payment Account. The Prepaid Payment Account 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 the Bank, Your account will be removed from suspension and You would be free to transact using Your Prepaid Payment Account.
9.5 In the case of no information being provided by You for a suspended Prepaid Payment Account, the Prepaid Payment Account will continue to be suspended till its validity and the amount will be forfeited in compliance with guidelines of RBI.
10. SUSPENSION OR DISCONTINUANCE OF SERVICES
10.1 Under no circumstances shall the Bank or any of its authorised service provider shall be held liable for a delay or failure or disruption of the Service resulting directly or indirectly from, acts of nature, forces or causes beyond its reasonable control, including without limitation, internet failures, computer, telecommunications or any other equipment failures, electrical power failures or non-availability, strikes, labor disputes, riots, insurrections, civil disturbances, sabotage, wilful destruction, threat to national security, shortages of labor or materials, fire, flood, heavy rains, storms, explosions, Acts of God, war, governmental actions, orders of courts or tribunals or non-performance of third parties (" Force Majuere").
10.2 The Bank reserves the right, without prior notice and at its sole discretion, to suspend, restrict, discontinue or deny access to or Your use of Services provided by the Bank:
10.2.1 if You use or the Prepaid Payment Account is used or suspected to be used to defraud any person or entity;
10.2.2 if You use the Prepaid Payment Account to engage in any unlawful activities including without limitation those which would constitute the infringement of intellectual property rights, a civil liability or a criminal offence;
10.2.3 if You engage in any activities that would otherwise create any liability for the Bank or for any of its contractors or agents;
10.2.4 for any suspected discrepancy in the particular(s), online application, documentation provided by the Customer;
10.2.5 any Force Majeure reasons;
10.2.6 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;
10.2.7 for any suspected violation of the rules, regulations, orders, directions, notifications issued by RBI and/or any other regulatory authority from time to time or for any violation of the terms and conditions mentioned herein; or
10.2.8 if the Bank believes, in its reasonable opinion, that cessation/ suspension is necessary.
11. TERMINATION OF Prepaid Payment Account
11.1 Customer has the option to close the Prepaid Payment Account at any time. The closure of such Prepaid Payment Account may be communicated to the Bank over email at email@example.com and Telephone No. 080-40423456. Termination will be effective subject to payment of all amounts outstanding on the Prepaid Payment Account and there is no unused prepaid gift instrument. No fees charged, if any, to Customer shall be refunded in the event of termination, suspension or discontinuance of Services.
11.2 The Bank may also restrict, terminate or suspend the use of Prepaid Payment Account at any time without prior notice if the Bank reasonably believes it necessary for business or security reasons. The Prepaid Payment Account must not be used after these Terms and Conditions end or while use of Prepaid Payment Account is suspended.
11.3 The Bank shall, upon adequate verification, block/suspend/close the Prepaid Payment Account and terminate all facilities in relation thereto following the receipt of such intimation and shall not be liable for any inconvenience caused to the Customer in this regard.
11.4 There may be expiry date for the Prepaid Payment Account as may be decided by the Bank in accordance with the guidelines of RBI.
11.5 Any value in Your Prepaid Payment Account (other than prepaid gift instruments) must be utilized in the following manner:
11.5.1 Within 6 months from the date of Your last Transaction or
11.5.2 Within 6 months from the date of activation; whichever is later.
11.6 Any value in Prepaid Payment Account which is not utilized or withdrawn in the aforesaid manner may stand forfeited at the discretion of the Bank. The Bank will send thirty (30) days advance communication to Customer before any forfeiture of outstanding amount in the Prepaid Payment Account by SMS at the mobile number and/or by email at email id which is provided by Customer for use of the Services. It is the responsibility of the Customer to ensure that the information provided by the Customer including the email id and the mobile number is updated at all times.
12. YOUR OTHER OBLIGATIONS
13. WINDING UP OF PREPAID PAYMENT ACCOUNT AND CONSEQUENCES THERETO
13.1 To the extent permitted under Applicable Laws, the Bank may at its sole discretion close or wind up any Prepaid Payment Account Services or amend any of its features with notice to You.
13.2 You hereby agree that, upon any closure or winding up of the Prepaid Payment Account Services, You may redeem the outstanding balance in Your Prepaid Payment Account or transfer the same to any prepaid payment instrument or bank account held/maintained by you with any third party with in such time as may be determined by the Bank, failing which, the Bank may transfer the balance in Your Prepaid Payment Account to Your another prepaid payment instrument issued by such entity having authorisation from RBI and with which the Bank has made appropriate arrangements.
14. INDEMNITY AND LIMITATION OF LIABILITY
14.1. Your sole and exclusive remedy for any dispute with us is suspension of Your Prepaid Payment Account. In no event shall our total cumulative liability to You for any and all claims relating to or arising out of Your use of the Website or Services, regardless of the form of action, exceed INR 1000/- (Indian Rupees One thousand only).
In consideration of the Bank providing the Customer with the facility of the Prepaid Payment Account, You hereby agree to indemnify and keep the Bank indemnified from and against all actions, claims, demands, proceedings, losses, damages, personal injury, costs, charges and expenses whatsoever (including lawyer's fees) which the Bank or its service providers 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 Customer the said facility of the Prepaid Payment Account or by reason of the Bank's acting in good faith and taking or refusing to take or omitting to take action on the Customer's instructions, and in particular arising directly or indirectly out of the negligence, mistake or misconduct of the Customer; breach or noncompliance of the rules/ terms and conditions relating to the Prepaid Payment Account or fraud or dishonesty relating to any Transaction by the Customer.
14.2 Without prejudice to the foregoing, the Bank or its authorised service providers shall be under no liability whatsoever to the Customer in respect of any loss or damage arising directly or indirectly out of:
14.2.1 Any issue relating to the Products from Merchant;
14.2.2 the refusal to honor or to accept the Prepaid Payment Account registration;
14.2.3 the malfunction of any computer/point of sale terminal;
14.2.4 effecting Transaction instructions other than by a Customer;
14.2.5 handing over of the Prepaid Payment Account credentials by the Customer to a third Party;
14.2.6 the exercise by the Bank of their right to demand and procure the surrender of the Prepaid Payment Account prior to the expiry, whether such demand and surrender is made and/ or procured by the Bank or by any person or computer terminal.
14.2.7 the exercise by the Bank of their right to terminate any Prepaid Payment Account ;
14.2.8 any injury to the credit, character and reputation of the Customer alleged to have been caused by the repossession of the Prepaid Payment Account and/ or, any request for its return or the refusal of any Merchant honor or accept the Prepaid Payment Account;
14.2.9 any misstatement, misrepresentation, error or omission in any details disclosed by the Bank except as otherwise required by law;
14.2.10 If the Bank receives any process, summons, order injunction, execution distrait, levy, lien, information or notice which the Bank in good faith believes/ calls into question the Customer's ability, or the ability of someone purporting to be authorized by the Customer, to transact on the Prepaid Payment Account, the Bank may, at its option and without liability to the Customer or such other person, decline to allow the Customer 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. the Bank reserves the right to deduct from the balance available on the Prepaid Payment Account, a service charge and any expenses it incurs, including without limitation legal fees, due to legal action involving the Customer's Prepaid Payment Account;
14.2.11 In the event a demand or claim for settlement of outstanding dues from the Customer is made, either by the Bank or any person acting on behalf of the Bank, the Customer 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 Customer, in any manner.
14.3 Each party acknowledges that the other party has entered into these Terms and Conditions relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties. The exclusions and limitations of liability contained in this Section 13 shall not apply to damages arising out of or relating to gross negligence or willful misconduct of a Party; or caused by breach of Applicable Laws, obligation of confidentiality or infringement of intellectual property rights.
15.1 You may not use contact information provided by us or other users or harvest such information for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications such as spam. You may not allow others to use Your account to violate the terms of this section. We may terminate Your membership or access to the Website immediately and take other legal action if You or anyone using Your credentials violates these provisions.
16. ADDITIONAL TERMS
16.1 Certain services on the Website may have additional terms (such as policies, guidelines, and rules) that will further govern Your use of that particular service and supplement these Terms. If You choose to register for or access any such services, You will be presented with any relevant additional terms and conditions at that time. By using those services, You agree to comply with such additional guidelines and rules.
17.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND THE BANK HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, AVAILABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE BANK MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE WEBSITE. Use of the Service is at Your own risk. No advice or information, whether oral or written, obtained by You from the Bank or through the Services will create any warranty not expressly stated herein. Without limiting the foregoing, the Bank does not 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. The Bank will not 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 Website; non-availability of connectivity links/hyperlinks.
17.2 Any material downloaded or otherwise obtained through the use of the Service is done at each Customer's sole discretion and risk and each Customer is solely responsible for any damage to its computer system or property or loss of data that results from the download of any such material.
17.3 The Bank does not 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 the Bank will not be a party to or in any way monitor any Transaction between You and third-party providers of goods and/ or services.
17.4 The Services are controlled and operated from and in India. The Bank and/or its authorized service provider(s) 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 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.
17.5 The Banks 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.
17.6 The Bank makes no representations or guarantees regarding Merchants utilizing Prepaid Payment Account. Use of Prepaid Payment Account in no way represents any endorsement by the Bank 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 Customer and neither we nor anybody connected to us will have any responsibility or liability towards the Customer for goods and services purchased from the Merchant.
17.7 The relationship between the Bank and the Merchant is on principal-to-principal basis.
18. ADDITION, ALTERATION, WITHDRAWAL OF SERVICES AND AMENDMNET OF TERMS & CONDITIONS :
18.1 The Bank may, at its sole discretion, and to the extent permissible under Applicable Laws, make available to the Customer more services or make alteration in the services on the Prepaid Payment Account, point of sale terminals, internet or other wise and/ or other devices through shared networks for the Customer's convenience and use. All fees and charges related to Transactions done by the Customer at these devices as determined by the Bank from time to time will be recovered by a debit to the balance available on the Prepaid Payment Account. The Customer understands and agrees that the shared networks may provide different functionalities and service offerings and different charges for different services. The Bank shall also, in its sole discretion, at any time, without notice to the Customer, be entitled to withdraw, discontinue, cancel, suspend/ or terminate the facility to use the Prepaid Payment Account and/ or services related to it, at POS Terminal/ Internet/ other devices within India and shall not be liable to the Customer for any loss or damage suffered by him resulting in any way from such withdrawal, discontinuance, cancellation, suspension or termination.
18.2 We have the right, at our sole and absolute discretion, to change, modify, or amend any portion of these Terms of Service at any time by posting notification here or otherwise communicating the notification to You. The changes will become effective, and shall be deemed accepted by You, after the initial posting and shall apply on a going-forward basis with respect to Transactions initiated after the posting date. You should make sure You view these Terms and Conditions periodically to make sure You are familiar with their most recent version. In the event that You do not agree with any such modification, Your sole and exclusive remedy is to terminate Your use of the Services.
19. DISCLOSURE OF INFORMATION AND INTELLECTUAL PROPERTY RIGHTS
19.1 The Bank reserves the right to disclose the Customer'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 Customer hereby consents to sharing of their information with the Bank and its authorized service provider(s) or agencies or partners for providing Services in relation to the Prepaid Payment Account.
19.3 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 Bank are protected by copyright, designs, patent, and trademark laws, international conventions and other applicable intellectual property and proprietary rights of either the Bank or authorised service provider(s) of the Bank.
19.4 Nothing contained herein shall authorize the Customer to use, apply, invade or in any manner exploit or infringe the intellectual property rights of the Bank, 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, Customer undertakes not to infringe the intellectual property rights of any third party.
19.5 The Customer undertakes not to infringe the intellectual property rights of the Bank, whether directly or indirectly through any third party. The Customer warrants that it shall only use the Website, software application and the Services for the purposes of these Terms and Conditions. Customer or any other person empowered by the Customer shall not use the Website and software application and/or the Bank’s services and software in any form whatsoever, so as to:
19.5.1 design, realize, distribute or market a similar or equivalent software program;
19.5.2 adapt, modify, transform or rearrange the Bank or its third party service provider's software applications and Website or Merchant website for any reason whatsoever, including for the purpose, among other things, of creating a new software program or a derivative software program;
19.5.3 allow unauthorized use of or access to the Bank software applications and Merchant's website;
19.5.4 disassemble, reverse engineer, decompile, decode or attempt to decode the Bank software applications and Merchant's website;
19.5.5 allow the Bank software applications and Merchant's website to be disassembled, reverse engineered, decompiled or decoded; and/or
19.5.6 in any way override or break down any protection system integrated into the Bank software applications and Merchant's website.
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 Bengaluru, irrespective of whether any other Court may have concurrent jurisdiction in the matter. Each party hereby irrevocably waives any objection which such party may now or hereafter have to the laying of improper venue or forum non convenience. Each party agrees that a judgment in any such action or proceeding may be enforced in other jurisdictions by suit on the judgment or in any manner provided by law.
21.1 When You use the Services or send emails or other data, information or communication to the Bank, You are aware of the risks involved in sending email Instructions, including the risk that email Instructions may: (a) be fraudulently or mistakenly written, altered or sent; and (b) not be received in whole or in part by the intended recipient; You declare and confirm that the You are fully aware of and having duly considered, the risks involved, (which risks shall be borne fully by You) have requested and authorised the Bank to rely upon and act on Instructions which may from time to time be given by email as mentioned above. The Bank may (but shall not be obliged to) act as aforesaid without inquiry as to You identity or authority giving or purporting to give any instruction or as to the authenticity of any email message and may treat the same as fully authorised by and binding on You regardless of the circumstances prevailing at the time of the instruction and notwithstanding any error, misunderstanding, lack of clarity, fraud, forgery, or lack of authority in relation thereto, and without requiring any confirmation provided that the concerned person acting on behalf of the Bank believed the instruction to be genuine at the time it was acted upon.
21.2 You consent to receive communications via electronic records from the Bank periodically and as and when required. The Bank will communicate with You by email or by notices on Your Prepaid Payment Account or electronic records on the Website which will be deemed adequate service of notice / electronic record. You hereby waive all your rights to challenge the service of documents under any and all legal proceedings if the document is served on your designated electronic address including Your Prepaid Payment Account in terms of Information Technology Act, 2000.
21.3 Notwithstanding anything contained herein or elsewhere, the Bank shall not be bound to act in accordance with the whole or any part of the instructions or directions contained in any Instruction and may in its sole discretion and exclusive determination, decline or omit to act pursuant to any instruction, or defer acting in accordance with any instruction, and the same shall be at Your risk and the Bank shall not be liable for the consequences of any such refusal or omission to act or deferment of action.
21.4 Customers can contact the Bank at any of the below mentioned points: Email to firstname.lastname@example.org and Telephone No. 080-40423456
22. FEES AND CHARGES
22.1 All fees and charges related to Prepaid Payment Account, as determined by the Bank will be recovered by a debit to the Prepaid Payment Account or through other means as available and applicable. The fee is not refundable. Any government charges, duty or debits, or tax payable as a result of the use of the Prepaid Payment Account shall be the Customer's responsibility and if imposed upon the Bank (either directly or indirectly), the Bank shall debit such charges, duty or tax against the Prepaid Payment Account
22.2. The Bank reserves the right at any time to charge the Customer any fees/ charges for the Transactions carried out by using Your Prepaid Payment Account.
22.3 Charges applicable for using Prepaid Payment Account are subject to change from time to time at the discretion of the Bank. Details of the currently applicable fees and charges as stipulated by the Bank, will be displayed on the Website.
Existing Fees Schedule :
Type of Prepaid Payment Account Transaction
Service Tax, unless explicitly stated in this Schedule of Charges, as may be applicable from time to time on all fees, surcharge and other charges will be levied to the Customer.
23. GENERAL PROVISIONS
23.1 Assignment: You cannot assign or otherwise transfer this Agreements, or any rights granted hereunder or any obligations, to any third party and any such assignment or transfer or purported assignment or transfer shall be void ab initio. The Bank's rights and/or obligations under the Agreement are freely assignable or otherwise transferable by the Bank to any third parties without the requirement of seeking Your prior consent. The Bank may inform You of such assignment or transfer in accordance with the notice requirements under the Agreement on best effort basis.
23.2 Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Agreement shall continue in full force and effect. The Bank may amend in a reasonable manner such provision to make it enforceable and such amendment will be given effect in accordance with the amendment terms of this Agreement.
23.3 Waiver: Any failure or delay by a party to enforce or exercise any provision of the Agreement, or any related right, shall not constitute a waiver by such party of that provision or right. The exercise of one or more of a party’s rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to such party under this Agreement or in law or at equity. Any waiver by a party shall only be made in writing and executed by a duly authorized officer of such party.
23.4 Force Majeure: If performance of any service or obligation under this Agreement by the Bank is prevented, restricted, delayed or interfered with by reason of labor disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of the Bank or its third parties performing such services as sub-contractor to the Bank and could not have been prevented by reasonable precautions (each, a "Force Majeure Event"), then the Bank shall be excused from such performance to the extent of and during the period of such Force Majeure Event. The Bank shall exercise all reasonable commercial efforts to continue to perform its obligations hereunder.
23.5 Notwithstanding the foregoing, such terms of this Agreement as are meant to survive termination / expiry of this Agreement, will survive indefinitely unless and until the Bank chooses to terminate them.
If You have any questions or concerns about this Agreement, please send us a thorough description to email@example.com. We strive to respond to all User requests.
If You have any questions or claims of copyright infringement, please contact us at firstname.lastname@example.org.