This document is an electronic record in terms of the Information Technology Act, 2000 and the rules made thereunder as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. By registering at or merely browsing on Our Site, You have unconditionally agreed to be bound by all of these terms and conditions of Service for use and access of the Site. PLEASE ENSURE THAT YOU READ AND UNDERSTAND ALL THESE USER TERMS BEFORE YOU USE ANY OF THE SERVICES OFFERED ON THE SITE BECAUSE YOU SHALL BE BOUND BY ALL THE TERMS AND CONDITIONS CONTAINED HEREIN.
If You do not accept any of the User Terms, then please don't use the Site or avail any of the Services being provided therein. YOU AGREEING TO THESE USER TERMS SHALL OPERATE AS A BINDING AGREEMENT BETWEEN YOU AND BPSPLUS PVT LTD IN RESPECT OF THE SERVICES OFFERED/AVAILED USING THE SITE.
All of the defined and capitalized terms in these User Terms will have the meaning assigned to them herein below:
- "Account" shall mean and refer to the account created by the Customer on the Site after providing the Registration Data for availing the Services provided by payRup.
- "Applicable Laws" shall mean and include all applicable statutes, enactments, acts of legislature or the Parliament, laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any governmental authority, tribunal, board, or a court and applicable international treaties and regulations, in force at the relevant time in India.
- "Charges" shall mean any charge and/or fee levied by payRup to the Customer.
- "Customer" or "You" or "Your" or "Yourself" shall mean and refer to a person who has an Account for the purpose of availing the Services and who has accepted these User Terms.
- "myRupee"Wallet” shall mean the Wallet, wherein You have provided appropriate information to Us as per the KYC Norms prescribed by the RBI from time to time.
- "Merchant" shall mean an individual or a duly incorporated organization that accepts payments for its products/services through the Wallet or other payment mechanism made available to the customers on the SITE.
- Service(s)" shall mean and include without limitation the facilitation of payments to Merchant/(s) for the products/services availed by the Customer from the Merchant/(s) using the Wallet or other payment mechanism made available to the customers on the SITE and enabling receipt of such payments by the Merchant.
- "Site" shall mean the website having domain name https://payrup.com/ and any such other websites and mobile applications as may be developed and /or operated by payRup, whether singly or in collaboration/partnership with another entity. For clarity, the Site shall include without limitation the myRupee Wallet powered by payRup.
- "Transaction" shall mean every payment request or order placed by the Customer using the For clarity, Transaction shall include failed Transactions.
- "payRup” or "We" or "Us" or "Our" or "Ourselves" shall mean and refer to BPSPLUS PVT LTD, a company incorporated under the Companies Act, 2013 and having its registered office at Office No: 6, 3rd Floor, Gamma Block, Sigma Soft Tech Park, Varthur Kodi,Whitefield, Bengaluru, Karnataka - 560066 and shall include its successors and assigns.
- "Wallet" shall mean and refer to a prepaid payment instrument, in the nature of an electronic vault for currency or any other modes as per Applicable Laws, issued by payRup whether singly or in collaboration with another entity available to the Customers, in the electronic form, which is routed through mobile phones, internet, computer systems or through other media. For clarity, Wallet includes reference to myRupee Wallet powered by payRup.
- References to statutory provisions shall be construed as meaning and including references to any amendment or re-enactment thereof for the time being in force, and to all statutory instruments or orders made pursuant to such statutory provisions.
- The headings of the various clauses in these User Terms are only for quick reference and identification purposes and are not to be taken as a statement of content of the clauses thereunder. They shall not be capable of restricting or otherwise altering the provisions and interpretations contained in the various terms of these User Terms.
- The singular includes the plural and vice versa, and words importing a gender include other genders.
- References to the words "include" or "including" shall be construed without limitation.
- References to these User Terms or to any other agreement, deed or other instrument or document shall be construed as a reference to such agreement, deed or other instrument or document as the same may, from time to time, be amended, varied or supplemented.
- Any reference to a natural person will, unless repugnant to the context, include his heirs, executors and permitted assigns. Similarly, any reference to a juristic person such as payRup will, unless repugnant to the context, include its affiliates, successors and permitted assigns.
- Throughout these User Terms, Our "prior written consent" means a communication coming from Our authorized representative, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization.
3. Use of Site
- You agree, undertake and confirm that Your use of Site shall be strictly governed by the following binding principles:
- You shall not host, display, upload, modify, publish, transmit, update or share any information that:
- belongs to another person and to which You do not have any right to; or interferes with another Customer's or user's use and enjoyment of the Site or any other individual's use and enjoyment of the Services; or
- is harmful, harassing, blasphemous, defamatory, obscene, pornographic, libelous, invasive of another's privacy, hateful, or ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever, or threatening or harassing including but not limited to any violation as under the Indecent Representation of Women (Prohibition) Act, 1986; or
- is patently offensive including content that is sexually explicit, or promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual; or
- involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming"; or
- infringes upon or violates any third party's rights, (including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number); or contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page); or
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; or
- contains video, photographs, or images of another person without his or her express written consent and permission or the permission or the consent of his or her guardian in the case of a minor; or
- tries to gain unauthorized access or exceeds the scope of authorized access; or
- engages in commercial activities and/or sales without Our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" items related to the Sites; or
- refers to any website or URL that, in Our sole discretion, contains material that is inappropriate for the Site, contains content that would be prohibited, or that violates the letter or spirit of these T&Cs; or
- harms minors in any way; or
- is violative of Applicable Laws; or
- deceives or misleads the addressee/ Customers about the origin of such messages, or communicates any information which is grossly offensive or menacing in nature; or
- impersonates another person; or
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal identifiable information or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site; or
- 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 to any other nation; or
- is false, inaccurate or misleading in any way; or
- directly or indirectly, offers, attempts to offer, trades or attempts to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any Applicable Law for the time being in force; or
- creates liability for Us or causes Us to lose (in whole or in part) the services of Our ISPs or other suppliers or has an adverse impact on the business being carried on by Us in any manner whatsoever.
- You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. We reserve the right to bar any such activity and take all steps required at our sole discretion.
- You shall not probe, scan or test the vulnerability of the Site or any network connected to the Site nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other Customer of payRup, including any Account or Wallet or Card not owned by You, to its source, or exploit the Site or any Service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Site. In the event that We suspect Your involvement in any of the activities as stated above, We reserve the right to bar any such activity and take all steps required at Our sole discretion.
- You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Our systems or networks, or any systems or networks connected to the Site.
- You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or payment You send to Us on or through the Site or any Service offered on or through the Site. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
- You may not use the Site or any content for any purpose that is unlawful or prohibited by these User Terms, or to solicit the performance of any illegal activity or other activity that infringes the rights of payRup, the Customers or others.
- You shall not use the Services or Site in any manner that could damage, disable, overburden, block or impair any of the servers connected to the Site. You shall not attempt to gain unauthorized access to the Services through hacking, password mining or any other means.
- You shall not reverse engineer, decompile and disassemble any software used to provide the Services.
- You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us or otherwise engage in any conduct or action that might tarnish the image or reputation of payRup or its Merchants on the Site, or otherwise tarnish or dilute any of Our trade or service marks, trade name and/or goodwill associated with such trade or service marks or trade name, as may be owned or used by Us.
- You shall not engage in advertising to, or solicitation of, other Customers of the Site to buy or sell any products or services, including, but not limited to, related services being displayed on or in relation to the Site. It shall be a violation of these User Terms to use any information obtained from the Site in order to contact, advertise to, solicit, or sell to another person outside of the Site without Our prior written consent.
- You have the option to request Us to send You information regarding any other services, discounts and promotions provided by Us. If you require Us to provide You information regarding offers, discounts and promotions relating to the Services availed by You, click "Yes", otherwise click "No" in the communication sent to You. If you click "Yes", We or an authorized representative, shall provide the above information to You by way of an SMS or email to Your registered mobile number/ email address. You also have the option to discontinue receiving such information. To discontinue receiving such information, You may email Us at [firstname.lastname@example.org]. Such discontinuation shall take effect within thirty (30) days of receipt of a written request from You.
- Any offers, or promotions by payRup in relation to the Wallet or other payment mechanism made available to the customers on the SITE shall be subject to the terms and conditions issued along with such offer and payRup shall at its sole discretion modify/alter such terms and conditions and You agree to be bound by such terms and conditions when accepting the offer.
- You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Site) as necessary to comply with Applicable Laws or any valid government/other authority's request. This may include, without limitation, disclosure of the information in connection with an investigation of any alleged illegal activity or solicitation of illegal activity, or disclosure in response to a lawful court order or subpoena. In addition, We can (and You hereby expressly authorize Us to) disclose any information about You to the law enforcement department or other government officials, as We, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes.
- We reserve the right, but have no obligation, to monitor the materials posted on the Site. We shall have the right to remove or edit any content that in Our sole discretion violates, or is alleged to violate, any Applicable Law or either the spirit or letter of these User Terms. Notwithstanding this right of payRup, YOU SHALL REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE SITE AND IN YOUR PRIVATE MESSAGES. Please be advised that such content posted does not necessarily reflect Our views. In no event shall We assume or have any responsibility or liability for any content posted or for any claims, damages, or losses resulting from the appearance of such content on the Site and/or its use thereof. You hereby represent and warrant that You have all necessary rights in and to all the content You provide and to all the information contained therein and that such content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.
- It is possible that other Customers (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Site and that You may be involuntarily exposed to such offensive and obscene materials. It is also possible for others to obtain Personal Information about You on the public forum due to Your use of the Site, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized uses, but by using the Site, You acknowledge and agree that We shall not be responsible or liable for the use of any Personal Information that You publicly disclose or share with others on the Site, and for any unauthorized disclosure due to any reason not solely attributable to Us. Please carefully select the type of information that You disclose or share on the Site and with other users of the Site.
- We shall have all the rights to take necessary action and claim damages that may occur due to Your involvement/participation in any way on Your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Denial of Services/Distributed Denial of Services).
4. Content posted on the Site
- All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Us, and is protected by copyright, patent and trademark laws, and various other intellectual property laws.
- Except as expressly provided in these User Terms, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way (including "mirroring") to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Our prior written consent.
- You may use the information on Our Services purposely made available by Us for downloading from the Site, provided that You:
- do not remove any proprietary notice language in all copies of such documents; or
- use such information only for Your personal, non-commercial informational purpose, and do not copy or post such information on any computer network or broadcast it in any media; or
- make any modifications to any such information; or
- do not make any representations or warranties on Our behalf relating to such information.
5. Third-Party Services/Links
- We do not take responsibility or liability for the actions, products, content, and Services on the Site, which are linked to Merchants and/or third-party websites using Our APIs or otherwise. In addition, We may provide links to the third party websites and certain other businesses on the Site. We assume no responsibility for examining or evaluating the products and services offered by them or for any third party content/ information. We do not warrant (i) the offerings of any of these businesses or the content of such third party website(s) and/or Merchant websites, and (ii) the genuineness of any third party content. We do not in any way endorse any Merchant websites and third party website(s) or any content thereof.
- All Transactions and/or reloads shall be effected using the services of an entity providing payment gateway/processor services ("PG”). S"ch PG may either be payRup or any of its affiliates or co-branding partners or unrelated third parties. You agree and undertake to share relevant Payment Details including credit/debit card details ("Card De"ails”) with the PG for the successful completion of all Transactions/reloads and authorize the PG to complete such Transactions/reloads. In this respect, it is clarified that all PGs whose services are utilized for the purposes of the Site and/or Services shall be PCI-DSS (Payment Card Industry – Data Security Standard) compliant. Your authorization permits the PG to debit or credit the bank account associated with Your Payment Details. Your authorization further permits the PG to use Your Card Details for the processing of transactions initiated by you at the Merchant sites of any of payRup's affiliates. Your authorization will remain in effect as long as You maintain an Account with Us. In the event You delete Your Card Details with the PG or if You delete Your Account, the PG will not process any further transactions initiated by You at the Site and at the Merchant sites of any of payRup's affiliates. Your authorization under this clause is subject to any other terms and conditions of the PG.
- The PGs may further make available to you, the option of auto debits from your bank account linked with the Account held with payRup for the purposes of cyclical payments. The availing of such services shall be subject to your acceptance of the terms and conditions of such facility laid down by the concerned PG. payRup shall not be responsible or liable for the same.
- We may tie-up with third party entities where you might be permitted to reload Your Account through the reward points, scores etc. accumulated by you with such third party entities. In such an event, in addition to these User Terms, You may also be bound by the terms and conditions of such third party entity.
- We welcome links to this Site. You may establish a hypertext link to the Site, provided that the link does not state or imply any sponsorship or endorsement of Your site by Us or any other representation or warranty by Us. You must not use on Your site or in any other manner any trademarks, service marks or any other materials appearing on the Site, including any logos or characters, without Our prior written consent and the consent of the owner of the mark or materials. You must not frame or otherwise incorporate into another third party website, or present in conjunction with or juxtaposed against such a website, any of the content or other materials on the Site, without our prior written consent.
6. Intellectual Property Protection
- All trademarks, brands and service marks used in connection with the Site or the Services offered by Us are owned by payRup and/or its affiliates and/or its co-branding partners and are payRup's and/or its affiliates and/or its co-branding partners property, as the case maybe; payRup and/or its affiliates and/or its co-branding partners own all copyrights and intellectual property rights and database rights in connection with the Services and the Site. Third party trademarks may appear on this Site and all rights therein are reserved to the registered owners of those trademarks. For use of any third party's intellectual property, You need to get permission directly from the owner of the intellectual property.
- You agree to abide by Applicable Laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property, and You shall be solely responsible for any violations of any Applicable Laws and for any infringements of any intellectual property rights caused by the use of the Site.
- We shall make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, etc. are processed in a timely manner. However, we make no representations or warranties regarding the amount of time needed to complete such processing because our Service is largely dependent on many factors outside our control.
- Except for Our limited role in processing payments that You authorize or initiate, We are not involved in any underlying transaction between You, any other Customer, Merchant, bank, or other third party. We are not a selling agent in relation to any sale of goods or services to You by any Merchant or any other third party.
- We will always endeavor to provide the Services to You to the best of Our ability. You are however aware that the Services will involve transmissions over various networks and that it will change to confirm and adapt to the technical and other requirements of connecting networks, devices, and entities. payRup cannot take on any liability or responsibility for any loss, damage, etc. arising as a result thereof.
- Without limitation and without prejudice to the foregoing paragraphs, payRup shall not be liable for:
- any defect or deficiency in any goods and services purchased by You or availed as a benefit, privilege, or facility attached to the Service;
- Refusal by or inability of a Merchant to honor or accept the Wallet or other payment mechanism made available to the customers on the SITE.
- handing over of the relevant access control/password/PIN by You to any other person; and
- the quality, safety, reliability, legality, delivery, or any other aspect of any goods or services that You may purchase using the Wallet or other payment mechanism made available to the customers on the SITE.
- Your use of the Service is at Your sole risk. The Service is provided on an "as is" and "as available" basis. We disclaim all warranties of any kind, whether express or implied, including without limitation, any representation or warranty for accuracy, availability, continuity, uninterrupted access, timeliness, sequence, quality, performance, security, merchantability, fitness for any particular purpose, non-infringement or completeness.
- Without prejudice to the foregoing paragraph, We do not warrant that:
- The Site will be available at all times and in all locations in India;
- The information on the Site is complete, true, and accurate;
- The Site; the information, Content, materials, product (including software) or services available on, or otherwise made available to You through the Site; the servers; or any electronic communication sent by Us, are free of viruses or other harmful components;
- Nothing on the Site constitutes or is meant to constitute, advice of any kind.
- We make no express or implied representations or warranties about Our Services or the Site, and We disclaim any implied warranties, including, but not limited to, warranties of merchantability or fitness for a particular purpose or use or non-infringement. We do not authorize anyone to make a warranty on Our behalf and You must not rely on any statement of warranty made by any third party, claimed to be a warranty made by Us.
- payRup and its representatives, officers, employees, agents and contractors shall not be liable for any loss, damage, claim, expense, cost (including legal costs) or liability arising directly or indirectly from Your use or non-use of the Service or the Site, or Your reliance upon the Service or the information contained in the Site, including any Content.
- Where We publish or provide Content or advertisements as part of a Service, We do not warrant or represent that the Content or advertisements are suitable, accurate, complete, reliable, or appropriate; neither do We endorse the Content or the advertisements; and You will obtain independent professional advice at Your own cost before You take any action based on such Content or advertisements.
- Your correspondence or business dealings with, or participation in promotions of, third-party advertisers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between You and such third party advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party advertisers on the Site.
- When You acquire goods, software, or any other services from a third party through any of our Services, You understand and agree that: (i) We are not a party to the contract between You and the third party; (ii) We are under no obligation to monitor the third party service used by You; the third party will be responsible for all obligations under the contract with You, including (without limitation) warranties or guarantees; (iv) You will evaluate the product, software or service, and the applicable terms and conditions before acquiring the product, software or service. We shall take no liability as regards You availing any goods, software or services from a third party through any of our Services. All the services to be availed of and/or the goods to be purchased /procured by the Customer from the Merchants and/or third parties under these User Terms will be at his/her own risk and costs. payRup shall not be liable and/or responsible in respect of the title, quantity, quality, or any other aspect related to the Merchant goods and/or services, and no guarantee, warranty, or indemnity of any kind shall be given or deemed to be given by payRup in respect thereof.
8. Indemnity and Limitation of Liability
- You will defend, indemnify and hold harmless payRup and each of its affiliates (and their respective employees, directors, agents, and representatives) from and against any and all claims, costs, losses, damages, judgments, penalties, interest, and expenses (including reasonable attorneys' fees) arising out of any Claim (as defined herein below) that arises out of or relates to the use or misuse of the Services or any violation of these User Terms. For purposes hereof, "Claim" shall mean any claim, losses, cost, expenses, damages, action, audit, investigation, inquiry or other proceeding instituted by any person and/or entity and/or government authority.
- You are aware of all security risks, including possible third-party interception of any of Your Transactions and statements of Account on the internet, and the contents of Your Transactions or statements of Account becoming known to third parties. You agree and undertake that You shall not hold payRup liable therefore in any way for claims arising out of or connected to any security risks.
- The use and storage of any information, including without limitation, the card number, PIN, password, account information, Transaction activity, Wallet balances and any other information available on Your internet access device or computer or mobile phone is at Your own risk and responsibility. payRup shall not be responsible for Claims as regards the information stored by You either on Your mobile device or on any computer device.
- Where payRup acts in good faith in response to any oral or electronic instruction or inquiry from You, in respect of any matter in relation to Your Account, You will not be entitled to make any Claim or allege any loss, damage, liability, expense, etc., attributable, directly or indirectly, to any such action taken on a good faith basis by payRup, and You agree to hold payRup harmless in respect thereof.
- IN NO EVENT SHALL OFS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE USER TERMS, EVEN IF WE HAVE BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR TOTAL CUMULATIVE LIABILITY TO YOU, FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE SITE/SERVICES, REGARDLESS OF THE FORM OF ACTION, EXCEED INR 10,000/- (INDIAN RUPEES TEN THOUSAND ONLY).
9. Force Majeure
- We shall not be liable for any failure to perform any obligations under these User Terms if the performance is prevented, hindered, or delayed by a Force Majeure Event (as defined herein below) and in such case, Our obligations shall stand suspended for so long as the Force Majeure Event continues.
- For the purpose of this clause "Force Majeure Event” shall " mean any event arising due to any cause beyond the reasonable control of payRup, including, without limitation, unavailability of any communication system, sabotage, fire, flood, explosion, acts of God, civil commotion, pandemic, epidemic, strikes or industrial action of any kind, riots, insurrection, government legislation, war or acts of government.
- This arrangement between you and payRup shall stand automatically terminated in the event that the Force Majeure Event continues for a period of thirty (30) days, unless otherwise notified to You. You shall however be required to promptly make payment of all outstanding Charges to payRup.
10. Termination and Deactivation of Services
- We reserve the right to terminate and/or suspend Services to You at any time without prior notice, due to any changes in Our internal policy or due to any requirements under the RBI Regulations or the Applicable Laws, or for any breach of these User Terms by You, or for any other reason whatsoever.
- You can terminate Your arrangement with payRup under these User Terms by closing any Account created by You and which is associated with any of the Wallet, and by thereafter ceasing to access/ use the Site. You may close the Account by submitting a request to Us at [email@example.com]. We will make every effort to respond to Your request for termination at the earliest. You will however remain responsible for all Transactions that occur prior to the termination of Your Account coming into effect, which termination shall be notified to You by payRup.
- If you violate any of these User Terms, payRup reserves the right to deactivate Your Wallet/ Card, and/or cancel/suspend any or all Wallet balance, without any notice or refund, and that you shall be solely liable in this regard.
- The remedies provided under these User Terms are in addition to any other remedy as maybe available to payRup , in law or in equity.
11.Notices and communication
- Any notice or notification in relation to these User Terms which You wish to make to Us must be made in writing to Attn: BPSPLUS PVT LTD Address: office no 6, 3rd Floor, Gamma Block, Sigma Soft Tech Park, Whitefielf, Bengaluru, Karnataka - 560017 Mobile: +91 7999900030 E-mail: [firstname.lastname@example.org]
- All Your communications with Us will be of a professional nature only. You will not contact Us to harass, intimidate or threaten any person, or to promote any cause, which You may support.
- Any notice given by payRup hereunder will be deemed to have been received by You within 24 hours of sending the same via e-mail or SMS at the e-mail address specified by You or Your registered mobile phone number. payRup shall not be held accountable for delays in receipt of the notice.
- In the event of any change in Your e-mail and/or registered address and/or telephone numbers or other information provided by You, You shall inform payRup promptly in writing, by email, which change shall be recorded by OFS after due verification.
12. Refund Policy
- All sales of prepaid recharge on the payRup are final with no refund or exchange permitted. You are responsible for the mobile number or DTH account number for which You purchase the prepaid recharge and all charges that result from those purchases. You are also responsible for the information relating to data card and toll-tag recharge and all charges that result from those purchases. payRup is not responsible for any purchase of prepaid recharge for an incorrect mobile number or DTH account number or incorrect toll or data card information. However, if in a transaction performed by You on the payRup Platform, money has been charged to Your card or bank account and recharge is not delivered within 24 hours of the completion of the transaction, then You shall inform us by sending an email to our customer services email address mentioned on the 'Contact Us' page on the MyRupee Platform. Please include in the e-mail the following details – the mobile number (or DTH account number or data card or toll-tag information), operator name, recharge value, transaction date, and order number. payRup will investigate the incident and, if it is found that money was indeed charged to Your card or bank account without delivery of the recharge or in case of failed (or) returned (or) rejected (or) canceled transactions using any other payment instrument, then You will be refunded the money within 21 working days from the date of receipt of Your email. All refunds will be credited within 7 working days from the date of receipt of your request.
13.Customer Grievance Redressal Policy
- If You are not satisfied with the quality of Service(s) offered or have any other complaints or grievances pertaining to the Services, please contact Us in the manner listed down (Customer Grievance Redressal Policy)
- Acknowledgment: Acknowledgement will be given to You by the same mode in which the complaint is registered, wherever possible. For emails and complaints received via the 'Contact Us' link on the Site, an automatic acknowledgment email would be triggered with the ticket number. For complaints received over call, acknowledgment of receipt will be over call itself.
- The escalation matrix for complaints shall be as follows:
- Level 1: Customer Support: Customers can contact our 24x7 customer service team (i.e., customer care executive) via e-mail at [email@example.com] or by making a call to our customer care executive at +91 7999900030 which provides timely resolution to queries/ complaints across channels. Post receipt of the queries/ complaints, we shall immediately send a response/ auto response to the customers acknowledging the complaint along with the registered complaint number. The customers can also request for a call back for query and we would be happy to reach out to the customer. The team will initiate action to resolve your complaint expeditiously, preferably within 48 hours and will strive to ensure resolution to your concern/ query within 5 (five) business days from receipt.
- Level 2: Customer Service Escalation: If customers do not get a resolution within the promised timeline or are dissatisfied with the response from Level 1, customers can reach out to our Escalation team via email firstname.lastname@example.org
- We will strive to ensure a resolution to your concern/ query within 5 (five) business days from receipt.
- Level 3: Grievance Officer: If the customer's query remains unresolved or customer is dissatisfied with the response from Level 2, the customer can escalate the matter to our Grievance Officer who will be happy to address issues that have remained unresolved despite help from our Manager Customer Care. Customers can contact our Grievance Officer email@example.com the details of interaction with the Escalation Team. We will strive to ensure this is resolved within 3 (three) business days from the date of receipt.
14. Governing law and dispute resolution
- Any dispute, controversy, or claim arising out of or relating to these User Terms or the validity, interpretation, breach, or termination thereof ("Dispute"), including claims seeking any redressal or asserting any rights under the that Applicable Law shall be amicably settled through mutual consultation and escalation as provided in Clause 12 above. If the Dispute is not settled amicably as aforesaid between payRup's representatives and You, within a period of 30 (thirty) calendar days', the matter would be referred to arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996 as amended from time to time. Arbitration shall be presided over by a sole arbitrator mutually appointed by payRup and You. The arbitration proceedings shall be conducted in the English language. The venue and seat for the arbitration proceedings shall be [Karnataka].
- These User Terms shall be governed by and construed in accordance with the laws of India and, subject to this email, payRup and You agree and undertake that any controversy or claim arising out of or relating to these User Terms will be adjudicated exclusively before a competent court in [Karnataka], India only.
- Any costs incurred by payRup towards enforcement of its rights and recovery shall be debited from your Account/ recovered from You.
Our failure, delay or omission to exercise or enforce any rights or provisions under these User Terms will not constitute a waiver of such rights or provisions. A waiver on any one occasion will not be construed as a bar or waiver of any rights or remedies on future occasions. Any claim in relation to the Services or these User Terms should be filed within 3 (three) months' from when the cause of action arose. Any claims filed beyond this time period shall be subject to limitation as prescribed under the Applicable Laws.
If any provision of these User Term's should be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired thereby, and such provision will be deemed restated to reflect the original intention of the parties as nearly as possible in accordance with the Applicable Laws.
17. Revision of these User Terms:
We reserve the right to change any of these User Terms or any policies or guidelines governing the Site or the Services, at any time and at Our sole discretion. Any changes will be effective upon posting of the revisions on the Site. You are required to check for updates, revisions and changes to these User Terms on the Site. The date of the last update to these User Terms will be reflected in these User Terms at the legend 'Last Updated on'. By continuing usage of the Service after such posting/ publication, you are deemed to have agreed to the amendment/change/revision. If You do not agree with any amendment of these User Terms, You may cancel the Service by terminating Your Account with payRup and informing Payrup in writing about the same by sending an e-mail to [firstname.lastname@example.org] You must thereafter immediately discontinue accessing Our Site and using Our Services. We may also send You an automated email to Your registered e-mail ID or a message to Your registered mobile number informing You about the changes made. As long as you comply with these User Terms, We grant You a personal, non-exclusive, non-transferable, limited privilege to access and use the Site.
- You agree to comply with all Applicable Laws and RBI Regulations from time to time which govern or may be affected by Your use of the Service(s).
- payRup may enter into any tie-up in terms of the joint venture, co-branding, or otherwise with any other institution engaged in the business of providing services analogous and/or similar to those herein contained. In such a case, depending upon the modality and the mechanism as may be devised, the Customer will be provided with the Services by the Service Provider jointly and/or severally with the party/ies in a joint venture. The Customer hereby gives his/her irrevocable consent and permission to such a tie-up/ arrangement. In the event of such a tie-up, the User Terms herein contained will, mutatis mutandis, become applicable in respect of such tie-up arrangement also, unless otherwise modified as per the terms hereof.
- You hereby agree that the application and copies of all documents submitted for the ongoing operation of the Wallet by You to payRup are and shall remain the sole and exclusive property of payRup, and payRup shall not be obliged to return the same to You upon Your request or upon the termination of Your payRup Account.
- As Your Account is connected to your mobile number, it is your responsibility to inform payRup in case Your mobile number that corresponds to Your Account is no longer being used by You. Your Account corresponding to the mobile number You register with can be accessed by You only till the time You have access to the corresponding mobile number. It is Your responsibility to transfer Your Account to a new mobile number if and when You change Your number. Not doing so may give the new user the same mobile number (if any), access to Your Wallet balance, and payRup will not be liable or responsible for the same. You are also liable for ensuring the security of Your PIN/ password. In case of loss of Your mobile phone and/or payRup password/PIN, You should immediately intimate payRup in writing. payRup shall make every attempt to block access to Your Account/ Wallet under such circumstances; however, payRup shall not be liable for any losses a user may incur due to the above. The responsibility to safeguard the Wallet balance rests entirely with the Customer.