TERMS &
CONDITIONS FOR USING OUR SERVICES
Please read the
following terms and conditions carefully before registering, accessing,
browsing, downloading or using the Site (defined below). By accessing or using
the Site or by using the Service (defined below), you agree to be bound by
these terms and conditions set forth below including any additional guidelines
and future modifications. If at any time you do not agree to these terms and
conditions or do not wish to be bound by these terms and conditions, you may
not access or use the site and immediately terminate your use of the services.
Your
Agreement to these Terms and Conditions for availing Service
The Terms and
Conditions (as may be amended from time to time, the “Agreement”) is a legal contract
between you being, an individual customer, user, or beneficiary of this service
of at least 18 years of age, and MDV Services having its registered office at
#301, 3rd road, KPHB, Hyderabad. All services are rendered by MDV Services
through its platform under the brand name ‘PAISABOX’. Hence all the rights,
benefits, liabilities & obligations under the following terms &
conditions shall accrue to the benefit of MDV Services. (together with its
subsidiaries and other affiliates, “us”, “We” or “PAISABOX”), regarding your
use of our prepaid mobile/DTH/Datacard recharge purchasing services to purchase
prepaid mobile/DTH recharge (known as “Recharge”) or Services regarding Semi
Closed Wallet of online PAISABOX Marketplace or such other services which may be
added from time to time (all such services are individually or collectively are
referred as Service or Services as they case may be).
Service can be
used by you subject to your adherence with the terms and conditions set forth
below including relevant policies. PAISABOX reserves the right, at its sole
discretion, to revise, add, or delete portions of these terms and conditions
any time without further notice. You shall re-visit the “Terms &
Conditions” link from time to time to stay abreast of any changes that the
“Site” may introduce.
Eligibility
The services are
not available to persons under the age of 18 or to anyone previously suspended
or removed from the services by PAISABOX. By accepting these Terms &
Conditions or by otherwise using the Services or the Site, You represent that
You are at least 18 years of age and have not been previously suspended or
removed from the Services. You represent and warrant that you have the right,
authority, and capacity to enter into this Agreement and to abide by all of the
terms and conditions of this Agreement. You shall not impersonate any person or
entity, or falsely state or otherwise misrepresent identity, age or affiliation
with any person or entity.
PAISABOX
RECHARGES
We are a
Reseller Only. Payllma 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. PAISABOX is not a warrantor,
insurer, or guarantor of the services to be provided by the Telco’s. Recharge
sold by us to you is sold without recourse against us for any breach of
contract by the Telco. Any disputes regarding the quality, minutes provided,
cost, expiration, or other terms of the Recharge purchased must be handled
directly between You (or the recipient of the Recharge) and the Telco.
BILL PAYMENTS
In order to use
the Service, you may need to obtain access to the World Wide Web, either
directly or through devices that access web-based content, and pay any service
fees associated with such access. In addition, you must have all equipment
necessary to make such connection to the World Wide Web, including a computer
and modem or other access device.
PAISABOX and/or the
PAISABOX business partner reserve the right to charge and recover from the
User, fees for availing the Services. These changes shall be effective from the
time they are posted on to the PAISABOX Website or over the PAISABOX business
partner channel through which you are availing the Service. You are bound by
such revisions and should therefore visit the PAISABOX Website or check with
the PAISABOX business partner channel through which you are availing the
Service to review the current fees from time to time. In the event that you
stop or seek a reversal of the Payment Instructions as may have been submitted,
PAISABOX shall be entitled to charge and recover from you and you shall be
liable to pay such charges to the Bill Payment Service as may be decided by PAISABOX.
These charges shall be charged on to your designated Payment Account or in any
other manner as may be decided by PAISABOX.
PAISABOX offers
a convenient and secure way to make payments towards identified Biller(s) using
a valid Payment Account.
Depending upon
the PAISABOX business partner through whom the Service is availed by you (i)
the specific features of the Service may differ (ii) the number of Billers
available over the Service can differ (iii) the type and range of Payment
Accounts that can be used to issue a Payment Instructions can differ and (iv)
the modes/devices over which the Service can be accessed can differ; and (v)
the charges, fees for availing the Service or any aspect of the Service can
differ. Specific details related to these aspects would be available with the PAISABOX
business partner or the channel over which the Service is being availed.
From time to
time, PAISABOX, at its sole discretion, can add to or delete from such list of
Billers or types of Payment Accounts that can be used in respect of making
payments to a Biller. In any event (i) the type and range of Payment Accounts
that can be used for making payments may differ for each Biller depending on
Biller specifications (ii) there may be an additional fee’s/charge when using
certain types of Payment Accounts in respect of a Biller; and (iii) the terms
upon which a payment can be made to a Biller can differ depending on whether a
Card or a Bank Account is used to issue the Payment Instruction. Further
depending on the specific facilities allowed by a PAISABOX business partner,
payments to a Biller can be made either (a) by issuing a Payment Instruction
for an online debit/charge to a Payment Account; or (b) by scheduling an
automated debit to a Payment Account.
In using the
Bill Payment Service, you agree to:
- Provide true,
accurate, current and complete information about yourself (“Registration
Data”), your Payment Account details (“Payment Data”), your Biller details
(“Biller Data”) and
- Maintain and
promptly update the Registration Data, Payment Data and Biller Data to
keep it true, accurate, current and complete. If you provide any
information that is untrue, inaccurate, not current or incomplete, or PAISABOX
has reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, PAISABOX has the right to suspend
or terminate your account and refuse any and all current or future use of
the Service (or any portion thereof). The term biller includes telecom
operators.
PAISABOX 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:
- If the Payment
Instruction(s) issued by you is/are incomplete, inaccurate, invalid and
delayed.
- If the Payment
Account has insufficient funds/limits to cover for the amount as mentioned
in the Payment Instruction(s)
- If the funds
available in the Payment Account are under any encumbrance or charge.
- If your Bank
or the NCC refuses or delays honoring the Payment Instruction(s)
- If payment is
not processed by biller upon receipt.
- Circumstances
beyond the control of PAISABOX (including, but not limited to, fire,
flood, natural disasters, bank strikes, power failure, systems failure
like computer or telephone lines breakdown due to an unforeseeable cause
or interference from an outside force)
In case the bill
payment is not effected for any reason, you will be intimated about the failed
payment by an e-mail
Use of Site
You understand
that except for information, services clearly indicated as being
supplied by the PAISABOX, we do not operate, control, or endorse any information, services on the Internet in anyway. You also understand that PAISABOX
cannot and does not guarantee or warrant that files available for downloading
through the Site will be free of viruses, worms or other code that may be
damaging. You are responsible for implementing procedures to satisfy your
particular requirements and for accuracy of data input and output.
Prohibited
Conduct
By using the
Services you agree not to:
- use the
Services for any purposes other than to purchase Recharge of Telcos and/or
to access the Services in accordance with these Terms and Conditions and
as such services are offered by PAISABOX
- impersonate
any person or entity, falsely claim or otherwise misrepresent an
affiliation with any person or entity, or access the accounts of others
without permission, forge another persons’ digital signature, misrepresent
the source, identity, or content of information transmitted via the
Services, perform any other similar fraudulent activity or otherwise
purchase Recharge with what we reasonably believe to be potentially
fraudulent funds
- infringe our
or any third party’s intellectual property rights, rights of publicity or
privacy
- use the
Services if You are under the age of eighteen (18) without a parental
sponsor or in any event use the Services if You are under the age of
thirteen (13) years old even with a parental sponsor and in accordance
with applicable law
- post or
transmit any message which is libelous, defamatory or which discloses
private or personal matters concerning any person
- post or
transmit any message, data, image or program which is pornographic in
nature
- refuse to
cooperate in an investigation or provide confirmation of Your identity or
any other information You provide to PAISABOX
- remove,
circumvent, disable, damage or otherwise interfere with security-related
features of the Services and the Site or features that enforce limitations
on the use of the Services
- reverse
engineer, decompile, disassemble or otherwise attempt to discover the
source code of the Services or any part thereof, except and only to the
extent that such prohibition is expressly prohibited by applicable law
notwithstanding this limitation
- use the
Services in any manner that could damage, disable, overburden, or impair
it, including, without limitation, using the Services in an automated
manner
- modify, adapt,
translate or create derivative works based upon the Services and the Site
or any part thereof, except and only to the extent that such prohibition
is expressly prohibited by applicable law notwithstanding this limitation
- intentionally
interfere with or damage operation of the Services or any other user’s
enjoyment of it, by any means, including uploading or otherwise
disseminating viruses, adware, spyware, worms, or other malicious code or
file with contaminating or destructive features
- use any robot,
spider, other automatic device, or manual process to monitor or copy the
Site without prior written permission
- interfere or
disrupt this Site or networks connected to this Site
- take any action
that imposes an unreasonably or disproportionately large load on our
infrastructure/ network
- use any
device, software or routine to bypass the Site’s robot exclusion headers,
or interfere or attempt to interfere, with the Services
- forge headers
or manipulate identifiers or other data in order to disguise the origin of
any content transmitted through our Site or to manipulate your presence on
our Site
- sell the
Services, information, or software associated with or derived from it
- use the
facilities and capabilities of the Site to conduct any activity or solicit
the performance of any illegal activity or other activity which infringes
the rights of others
- breach this
Agreement or any other PAISABOX agreement or policy
- provide false,
inaccurate or misleading information
- use the Site
to collect or obtain personal information, including without limitation,
financial information, about other users of the Site
- purchase
Recharge with what PAISABOX reasonably believes to be potentially
fraudulent funds
- use the
Services in a manner that results in or may result in complaints,
disputes, reversals, chargebacks, fees, fines, penalties and other
liability to PAISABOX, a third party or You
- use the
Services in a manner that PAISABOX or any payment card network reasonably
believe to be an abuse of the payment card system or a violation of
payment card network rules
- take any
action that may cause PAISABOX to lose any of the Services from its
service providers, Telcos, payment processors or other suppliers
- send automated
request of any kind to the Site’s system without express permission in
advance from PAISABOX.
Refund Policy
All sales of
Recharge are final with no refund or exchange permitted. You are responsible
for the mobile number or DTH account number you purchase Recharge for and all
charges that result from those purchases. PAISABOX is not responsible for any
purchase of Recharge for an incorrect mobile number or DTH account number.
However, if in a transaction performed by you on the Site, money has been
charged to your card or bank account and a Recharge is not delivered within 24
hours of your completion of the transaction then you may inform us by sending
an email to our customer services email address mentioned on the Contact Us
page. Please include in the email the following details – the mobile number (or
DTH account number), operator name, Recharge value, Transaction date and Order
Number. PAISABOX shall investigate the incident and if it is found that money
was indeed charged to your card or bank account without delivery of the
Recharge then you will be refunded the money within 21 working days from the
date of receipt of your email. All Refunds will be credited to your Semi Closed
Wallet. You can trigger a request in your PAISABOX Wallet to transfer the money
from your PAISABOX Wallet back to source. It will take 3-21 days for the money
to show in your bank account depending on your bank’s policy.
Termination;
Agreement Violations
You agree that PAISABOX,
in its sole discretion, for any or no reason, and without penalty, may suspend
or terminate your account (or any part thereof) or your use of the Services and
remove and discard all or any part of your account, your user profile, or your
recipient profile, at any time. PAISABOX may also in its sole discretion and at
any time discontinue providing access to the Services, or any part thereof,
with or without notice. You agree that any termination of your access to the
Services or any account you may have or portion thereof may be effected without
prior notice, and you agree that PAISABOX will not be liable to you or any
third party for any such termination. Any suspected fraudulent, abusive or
illegal activity may be referred to appropriate law enforcement authorities.
These remedies are in addition to any other remedies PAISABOX may have at law
or in equity. Upon termination for any reason, you agree to immediately stop
using the Services.
Limitation of
Liability and Damages
In no event will
PAISABOX or its contractors, agents, licensors, partners, suppliers be liable
to you for any special, indirect, incidental, consequential, punitive,
reliance, or exemplary damages (including without limitation lost business
opportunities, lost revenues, or loss of anticipated profits or any other
pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out
of or relating to (i) this agreement, (ii) the services, the site or any
reference site, or (iii) your use or inability to use the services, the site
(including any and all materials) or any reference sites, even if PAISABOX or a
PAISABOX authorized representative has been advised of the possibility of such
damages. In no event will PAISABOX or any of its contractors, directors,
employees, agents, third party partners, licensors or suppliers’ total
liability to you for all damages, liabilities, losses, and causes of action
arising out of or relating to (i) this Agreement, (ii) the Services, (iii) your
use or inability to use the Services or the Site (including any and all
Materials) or any Reference Sites, or (iv) any other interactions with PAISABOX,
however caused and whether arising in contract, tort including negligence,
warranty or otherwise, exceed the amount paid by you, if any, for using the
portion of the Services or the Site giving rise to the cause of action or One
Thousand Rupees (Rs.1000), whichever is less. You acknowledge and agree that PAISABOX
has offered its services, set its prices, and entered into this
agreement in reliance upon the warranty disclaimers and the limitations of
liability set forth herein, that the warranty disclaimers and the limitations
of liability set forth herein reflect a reasonable and fair allocation of risk
between you and PAISABOX, and that the warranty disclaimers and the limitations
of liability set forth herein form an essential basis of the bargain between
you and PAISABOX. PAISABOX would not be able to provide the services to you on
an economically reasonable basis without these limitations. Applicable law may
not allow the limitation or exclusion of liability or incidental or
consequential damages, so the above limitations or exclusions may not apply to you.
In such cases, PAISABOX’s liability will be limited to the fullest extent
permitted by applicable law. This paragraph shall survive termination of this
Agreement.
Indemnification
You agree to
indemnify, save, and hold PAISABOX, its affiliates, contractors, employees,
officers, directors, agents and its third party suppliers, licensors, and
partners harmless from any and all claims, losses, damages, and liabilities,
costs and expenses, including without limitation legal fees and expenses,
arising out of or related to your use or misuse of the Services or of the Site,
any violation by you of this Agreement, or any breach of the representations,
warranties, and covenants made by you herein. PAISABOX reserves the right, at
your expense, to assume the exclusive defense and control of any matter for
which you are required to indemnify PAISABOX, including rights to settle, and
you agree to cooperate with PAISABOX’s defense and settlement of these claims. PAISABOX
will use reasonable efforts to notify you of any claim, action, or proceeding
brought by a third party that is subject to the foregoing indemnification upon
becoming aware of it. This paragraph shall survive termination of this
Agreement.
Disclaimer;
No Warranties
To the fullest
extent permissible pursuant to applicable law, PAISABOX and its third-party
partners, licensors, and suppliers disclaim all warranties, statutory, express
or implied, including, but not limited to, implied warranties of
Merchantability, fitness for a particular purpose, and non-infringement of
proprietary rights. No advice or information, whether oral or written, obtained
by you from PAISABOX or through the services or the site will create any
warranty not expressly stated herein. You expressly acknowledge that as used in
this section, the term “PAISABOX” includes PAISABOX’s officers, directors,
employees, shareholders, agents, licensors, subcontractors and affiliated
companies. You acknowledge that PAISABOX is a reseller of Mobile recharges and
is not liable for any 3rd party (telcos & suppliers) obligations due to
rates, quality, and all other instances, whether to any such telco’s
subscribers or otherwise. You expressly agree that use of the services and the
site is at your sole risk. It is your responsibility to evaluate the accuracy,
completeness and usefulness of all opinions, advice, services, merchandise and
other information provided through the site or on the internet generally. We do
not warrant that the service will be uninterrupted or error-free or that
defects in the site will be corrected. The services and the site and any data,
information, third party software, reference sites, services, or software made
available in conjunction with or through the services and the site are provided
on an “as is” and “as available,” “with all faults” basis and without
warranties or representations of any kind either express or implied. PAISABOX,
and its third party suppliers, licensors, and partners do not warrant that the
data, PAISABOX software, functions, or any other information offered on or
through the services, the site or any reference sites will be uninterrupted, or
free of errors, viruses or other harmful components and do not warrant that any
of the foregoing will be corrected. PAISABOX and its third party suppliers,
licensors, and partners do not warrant or make any representations regarding
the use or the results of the use of the services, the site or any reference
sites in terms of correctness, accuracy, reliability, or otherwise. You
understand and agree that you use, access, download, or otherwise obtain
information, materials, or data through the services, the site or any reference
sites at your own discretion and risk and that you will be solely responsible
for any damage to your property (including your computer system and device) or
loss of data that results from the download or use of such material or data. We
do not authorize anyone to make any warranty on our behalf and you should not
rely on any such statement. This paragraph shall survive termination of this
agreement. In no event will PAISABOX be liable for any incidental,
consequential, or indirect damages (including, but not limited to, damages for
loss of profits, business interruption, loss of programs or information, and
the like) arising out of the use of or inability to use the site.
Ownership;
Proprietary Rights
The Services and
the Site are owned and operated by PAISABOX and/or third party licensors. The
visual interfaces, graphics, design, compilation, information, computer code
(including source code and object code), software, services, and all
other elements of the Services and the Site provided by PAISABOX (the
“Materials”) are protected by Indian copyright, trade dress, patent, and
trademark laws, international conventions, and all other relevant intellectual
property and proprietary rights, and applicable laws. As between you and PAISABOX,
all Materials, trademarks, service marks, and trade names contained on the Site
are the property of PAISABOX and/or third party licensors or suppliers. You agree
not to remove, obscure, or alter PAISABOX or any third party’s copyright,
patent, trademark, or other proprietary rights notices affixed to or contained
within or accessed in conjunction with or through the Services. Except as
expressly authorized by PAISABOX, you agree not to sell, license, distribute,
copy, modify, publicly perform or display, transmit, publish, edit, adapt,
create derivative works from, or otherwise make unauthorized use of the
Materials. PAISABOX reserves all rights not expressly granted in this
Agreement. If you have comments regarding the Services and the Site or ideas on
how to improve it, please contact customer service. Please note that by doing
so, you hereby irrevocably assign to PAISABOX, and shall assign to PAISABOX, all
right, title and interest in and to all ideas and suggestions and any and all
worldwide intellectual property rights associated therewith. You agree to
perform such acts and execute such documents as may be reasonably necessary to
perfect the foregoing rights.
Modification
of this Agreement
PAISABOX
reserves the right to change, modify, add, or remove portions of this Agreement
(each, a “change”) at any time by posting notification to the Site or otherwise
communicating the notification to you. The changes will become effective, and
shall be deemed accepted by you, 24 hours after the initial posting and shall
apply immediately on a going-forward basis with respect to payment transactions
initiated after the posting date. If you do not agree with any such
modification, your sole and exclusive remedy is to terminate your use of the
Services. For certain changes, PAISABOX may be required under applicable law to
give you advance notice, and PAISABOX will comply with such requirements.
Notice
PAISABOX may
provide you with notices and communications by email, regular mail or postings
on the Site or by any other reasonable means. Except as otherwise set forth
herein, notice to PAISABOX must be sent by courier or registered mail to
Waiver
The failure of PAISABOX
to exercise or enforce any right or provision of this Agreement will not
constitute a waiver of such right or provision. Any waiver of any provision of
this Agreement will be effective only if in writing and signed by PAISABOX.
Arbitration
PAISABOX may
elect to resolve any dispute, controversy or claim arising out of or relating
to this Agreement or Service provided in connection with this Agreement by
binding arbitration in accordance with the provisions of the Indian Arbitration
& Conciliation Act, 1996. Any such dispute, controversy or claim shall be
arbitrated on an individual basis and shall not be consolidated in any
arbitration with any claim or controversy of any other party. The arbitration
shall be conducted in New Delhi, India and judgment on the arbitration award
may be entered in any court having jurisdiction thereof. Either you or We may
seek any interim or preliminary relief from a court of competent jurisdiction
in New Delhi, India, necessary to protect the rights or the property of you or PAISABOX
(or its agents, suppliers, and subcontractors), pending the completion of
arbitration. Any arbitration shall be confidential, and neither you nor We may
disclose the existence, content or results of any arbitration, except as may be
required by law or for purposes of the arbitration award. All administrative
fees and expenses of arbitration will be divided equally between you and us. In
all arbitrations, each party will bear the expense of its own lawyers and
preparation. The language of Arbitration shall be English.
Governing Law
and Forum for Disputes
Except as
otherwise agreed by the parties or as described in the Arbitration section
above, you agree that any claim or dispute you may have against PAISABOX must
be resolved by a court located in New Delhi, India. You agree to submit to the
personal jurisdiction of the courts located within New Delhi, India for the
purpose of litigating all such claims or disputes. This Agreement shall be
governed by the laws of India, without giving effect to any principles of
conflicts of law.
Severability
If any provision
of this Agreement is held to be unlawful, void, invalid or otherwise
unenforceable, then that provision will be limited or eliminated from this
Agreement to the minimum extent required, and the remaining provisions will
remain valid and enforceable.
Assignment
This Agreement,
and any rights granted hereunder, may not be transferred or assigned by you
without our prior written consent which may be withheld in our sole discretion,
but may be assigned by us without restriction. Any assignment attempted to be
made in violation of this provision shall be void and of no effect.
Survival
Upon termination
of this Agreement, any provision which, by its nature or express terms should
survive, will survive such termination or expiration as applied to transfers
and relationship prior to such termination or expiration.
Headings
The heading
references herein are for convenience purposes only, do not constitute a part
of these Terms and Conditions, and will not be deemed to limit or affect any of
the provisions hereof.
Entire
Agreement
This is the
entire agreement between you and PAISABOX relating to the subject matter hereof
and will not be modified except in writing, signed by both parties, or by a
change to this Agreement made by PAISABOX in accordance with the terms of this
Agreement.
SEMI CLOSED
WALLET
Terms of Use
The following
Terms of Use (“Terms”) are a binding agreement between you and MDV Services. BY
REGISTERING FOR OR USING THE SITE OR THE PLATFORM/NETWORK, YOU AGREE TO BE
BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, PLEASE DO NOT USE THE
SITE OR THE PLATFORM/NETWORK.
As PAISABOX is a
site/platform/network owned by MDV Services. hence all the rights, benefits,
liabilities & obligations under the following terms & conditions shall
accrue to the benefit of MDV Services.
- Definitions
- “Customer”
“or” “you” mean a person who has registered with PAISABOX for availing
the PAISABOX Wallet and who has accepted these Terms and Conditions and,
owns/operates/has access to an internet compatible device that supports
the PAISABOX Wallet.
- “PAISABOX
Wallet” or “PAISABOX Wallet” means the pre-paid payment instrument issued
by PAISABOX including Basic Account and Prime Account.
- “Charge(s)”
or “Service Charge” shall mean the charges which PAISABOX may levy upon
you in consideration for subscribing to the PAISABOX Wallet.
- “Person-to-Person
Transfer” refers to a facility to transfer funds from a PAISABOX Wallet
to any other PAISABOX Wallet issued by PAISABOX or to any savings or
current bank account.
- “Merchant
Establishment” shall mean and include physical Merchants, remote
Merchants and any other outlet that has been authorized by PAISABOX to
accept payment using PAISABOX Wallet.
- “Enrollment
Form” shall mean the PAISABOX Wallet Enrollment Form, as is required by PAISABOX
from the Customer at the time of Registration for availing and / or
continuation of the PAISABOX Wallet.
- “Basic
Account” means Customer PAISABOX Wallet classified as Semi-closed system
payment instruments issued by accepting minimum customer details being
Customer name, Email address, mobile number, which permit payment and
domestic money remittance as per RBI direction on Issuance and Operation
of Pre-paid Payment Instruments in India (Reserve Bank) Directions, 2009
as amended and supplemented by the RBI from time to time.
- “Prime
Account” means Customer PAISABOX Wallet which is KYC compliant and
classified as Semi-closed system payment instruments which permit
Person-to-Person transfer and payment to all identified Merchant as per
RBI direction on Issuance and Operation of Pre-paid Payment Instruments
in India (Reserve Bank) Directions, 2009 as amended and supplemented by
the RBI from time to time.
- “KYC” stands
for Know your Customer and refers to the various norms, rules, laws and
statutes issued by RBI from time to time under which PAISABOX is required
to procure personal identification details from you before any services
can be delivered. Know your Customer (KYC) documents may be required by PAISABOX
from the Customer at the time of Registration and/ or on a later date,
for availing and / or continuation of the PAISABOX Wallet.
- “Password”
means the secret password used to secure PAISABOX Wallet applications,
without knowledge of which your PAISABOX Wallet will not be operable.
- “Transaction”
means Person-to-person transfer or purchase of goods or services at
Merchant establishments or equivalent amount of money-in PAISABOX Wallet,
if goods or services not available.
- “Person-to-bank
transfer” refers to a facility to transfer funds from a PAISABOX Wallet
to any Bank Account.
- “RBI” means
the Reserve Bank of India.
- Documentation
- The collection,
verification, audit and maintenance of correct and updated Customer
information is a continuous process and PAISABOX reserves the right, at
any time, to take steps necessary to ensure compliance with all relevant
and applicable KYC requirements. PAISABOX reserves the right to
discontinue services/ reject applications for PAISABOX Wallet at anytime
if there are discrepancies in information and/or documentation provided
by you.
- Any
information provided to PAISABOX with the intention of securing PAISABOX
Wallet shall vest with PAISABOX, and may be used by PAISABOX, for any
purpose consistent with any applicable law or regulation, at its
discretion.
- If the
particulars provided by you in the KYC documents do not match with the
details mentioned in the Enrollment Form, then PAISABOX has the right to
forfeit the balance amount in your wallet.
- General
Conditions of PAISABOX Wallet
- You will be
issued, Basic Account immediately after successful registration. Your
account will be upgraded to a Prime Account after you submit your KYC
documents at the time of registration itself or on a later date and the
same are verified and approved by PAISABOX. PAISABOX Wallet Prime Account
Services shall ordinarily be activated within twenty-one (21) working
days of receipt and verification of the associated documentation. For
detailed features, registration process, documentation processes, KYC
requirements, permitted Transactions, Service discontinuation procedure
and other related details relating to the above mentioned Services,
please refer www.PAISABOX.com/PAISABOXcash.
- You may
recharge your PAISABOX Wallet at through any of the methods mentioned at
www.secure.PAISABOX.in. The list of recharge outlets and methods of
recharging PAISABOX Wallet are subject to change at the discretion of PAISABOX
without prior intimation to the Customer.
- You may note
that withdrawing money from PAISABOX Wallet is not allowed. Any
outstanding credit PAISABOX Wallet must be utilized only to make payments
for bona-fide Transactions at Merchant Establishments and
Person-to-person transfers or Person-to-bank transfer.
- PAISABOX
Wallet are available only to resident Indians who have attained the age
of 18 years and are competent to contract.
- PAISABOX
Wallet are not transferable.
- The maximum
monetary value that can be stored at any point of time in a PAISABOX
Wallet Prime Account is INR 1,00,000/- (INR One lakh only). The maximum
permitted value of Transactions at any point of time in PAISABOX Wallet
Prime Account is INR 1,00,000/- (INR One lakh only). The maximum monetary
value that can be stored and utilized in a month in a PAISABOX Wallet
Basic Account is INR 10,000/- (INR Ten Thousand Only). The maximum
monetary value that can be transferred from one PAISABOX Wallet Account
to other PAISABOX Wallet or bank account in a single transaction is INR
5,000/- (INR Five Thousand only). The maximum monetary value that can be
transferred from one PAISABOX Wallet Account to other PAISABOX Wallet or
bank account in a single month is INR 25,000/- (INR Twenty-Five Thousand
only). Subject to guidelines/notifications issued by RBI from time to
time these limitations may be reviewed and modified at the discretion of PAISABOX
without prior intimation to the Customer.
- PAISABOX
reserves the right to suspend/discontinue PAISABOX Wallet Services to you
at any time, for any cause, including, but not limited, to the following-
- For any
suspected violation of the rules, regulations, orders, directions,
notifications issued by RBI from time to time or for any violation of
the terms and conditions mentioned in this document
- For any
suspected discrepancy in the particular(s), documentation or Enrollment
Form provided by you;
- To combat
potential fraud, sabotage, willful destruction, threat to national
security or for any other force majeure reasons etc;
- If the same
is due to technical failure, modification, upgradation, variation,
relocation, repair, and/or maintenance due to any emergency or for any
technical reasons.
- If the same
is due to any transmission deficiencies caused by topographical and
geographical constraints/limitations;
- If the
mobile connection with which your PAISABOX Wallet is related ceases to
be operational or in your possession or control.
- If PAISABOX
believes, in its reasonable opinion, that cessation/ suspension is
necessary.
- The value
stored on your PAISABOX Wallet shall NOT be refunded under ANY
circumstances and may only be utilized to make payments for bonafide
transactions at merchant establishments and Person-to-person transfer or
Person-to-bank transfer. No interest will be payable by PAISABOX on the
available balance reflected on the PAISABOX Wallet.
- You are
permitted to maintain and operate only one PAISABOX Wallet. Any suspected
non-conformity with this requirement shall be just cause for the
suspension/ discontinuation of any/all Wallets associated with you by PAISABOX.
- Wallet
Charges & Validity
- You shall pay
the Service Charges prescribed by PAISABOX in the form and manner
prescribed for such payment. PAISABOX may at its discretion, change,
amend, increase, or reduce the Service Charges without prior intimation
to the Customer.
- Any value in
your PAISABOX Wallet that is utilized towards making payments for any
Transaction shall be automatically debited from your PAISABOX Wallet. PAISABOX’s
responsibility is limited to the debiting of your PAISABOX Wallet and the
subsequent payment to any Merchant Establishment that you might transact
with. PAISABOX does not endorse, promote, champion or warrant any goods
and/or services that might be bought/availed or proposed to be
bought/availed using PAISABOX Wallet.
- PAISABOX
reserves the right to levy charges/ charge commission upon any amounts
loaded upon your PAISABOX Wallet or any amounts spent/utilized by you
using PAISABOX Wallet.
- PAISABOX
reserves the right to set off any balance in your Wallet in order to
recover funds for transactions processed as per your request.
- Redemption
and Forfeiture
- Any value in
Your PAISABOX Wallet must be utilized:
- Within 6
months from the date of your last Transaction or
- Within 6
months from the date of activation; whichever is later.
- Any value in
your PAISABOX Wallet which is not utilized in the aforesaid manner may
stand forfeited at the discretion of PAISABOX. PAISABOX reserves the
right to forfeit the amount post adherence to the following
communication process:
- PAISABOX
will send 15 days advance communication to Customers for outstanding
amount in PAISABOX Wallet by SMS at the mobile number on which Services
have been activated.
- In case no
response is received from the customer, second reminder will be sent to
the customer to respond within next 15 days
- In case no
response is received on the second reminder, third reminder will sent
to the customer to respond within next 7 days.
- Again if no
response is received on the third reminder, amount will be tagged in
the system as forfeited and send to Board for approval. Post Board
approval forfeited amount will be recognized as income in books of
account.
- Customer
Obligations
- PAISABOX
Wallet availability is subject to the maintenance of an active mobile
phone or internet connection with an associated telecom provider. PAISABOX
Wallet availability is subject to the maintenance of a mobile phone
handset and other application on which Services run and the Customer is
solely responsible for all liability arising from the unavailability of
Services due to a mobile handset or internet service provider not
supporting any PAISABOX Wallet channel or application.
- You must
ensure the availability of sufficient funds before executing any
Transaction from your PAISABOX Wallet.
- You shall be
solely responsible for the confidentiality, safety and security of the
Password. You shall be the sole owner of the Password and shall be
responsible for the consequences arising out of disclosure of the
Password and/or the unauthorized use of PAISABOX Wallet. In case the
Password is lost or misplaced, you shall promptly inform PAISABOX by
calling at the customer care numbers where after the Password will be
barred and a new Password will be issued to you after necessary
validation. In case the mobile phone/ SIM card associated with your PAISABOX
Wallet is lost/stolen/misplaced/ no longer in your control, you shall
promptly inform PAISABOX. PAISABOX will upon receipt of such information
block the relevant account.
- You shall
only use PAISABOX Wallet for all Transactions with the specific Merchant
Establishment for the services available therein. The list of
Merchant Establishments is available at www.PAISABOX.com and is subject
to change at PAISABOX’s discretion without prior intimation.
- You shall
intimate PAISABOX about change in your address, if any, in writing along
with such proof of address as per the KYC documents.
- You shall not
use PAISABOX Wallet for any purpose that might be construed as contrary
or repugnant to any applicable law, regulation, guideline, judicial
dicta, PAISABOX policy or public policy or for any purpose that might
negatively prejudice the goodwill of PAISABOX.
- You
acknowledge and understand that PAISABOX Wallet are linked to your mobile
phone number and you shall be solely responsible for any liability
arising out of the loss/ theft / misuse of the mobile phone number or
deactivation of mobile connection by the concerned telecom service
provider, in respect of the Services.
- Information
submitted by you for availing PAISABOX Wallet and/or information
submitted while using PAISABOX Wallet may be shared with third parties by
PAISABOX, inter alia, to facilitate the provision of PAISABOX Wallet.
- You shall
ensure that the Services are not used for Transactions in foreign
currency. PAISABOX Wallet is issued & shall be valid only in India
and shall be used at Merchant Establishments only in India.
- Without
limiting the foregoing, you agree that you will not use the PAISABOX Site
to undertake any of the following actions or to display, upload, modify,
publish, distribute, disseminate, transmit, update or share any
information that:
- Is grossly
harmful, harassing, blasphemous defamatory, obscene, pornographic,
paedophilic, libellous, 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;
- Infringes
any patent, trademark, copyright or other proprietary rights;
- contains
viruses, corrupted files, or any other similar software or programs that
is designed to interrupt, destroy or that may limit the functionality of
any computer source or that may damage or adversely affect the operation
of another person’s computer, its web-sites, any software or hardware,
or telecommunications equipment;
- Advertises
or offers to sell any goods or services for any commercial purpose;
- is in the
nature of promotional services, surveys, contests, pyramid
schemes, spam, unsolicited advertising or promotional materials, or
chain letters;
- Falsify or
delete any author attributions, legal or other proper notices or
proprietary designations or labels of the origin or the source of
software or other material;
- Violates any
law for the time being in force;
- Belongs to
another person to which you do not have any right to;
- Interferes
with or disrupts PAISABOX’s websites, servers, or networks;
- Impersonate
any other person;
- Harm minors
in any way;
- Forge
headers or manipulate identifiers or other data in order to disguise the
origin of any content transmitted through its websites or to manipulate
your presence on its websites;
- Engage in
any illegal activities;
- 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 the
investigation of any offence or insults any other nation.
- Indemnity
You agree to
indemnify, defend and hold PAISABOX and/or related parties harmless from any
and all claims, losses, damages, and liabilities, costs and expenses, including
and without limitation legal fees and expenses, arising out of or related to
your use or misuse of the PAISABOX Wallet, any violation of these Terms and
Conditions, or any breach of the representations, warranties, and covenants
made by you.
- Additional
T&Cs
- When you
acquire goods, software or any other services from a Merchant
Establishment through any of PAISABOX’s Services, you understand and
agree that, PAISABOX is not a party to the contract between you and the
Merchant Establishment. PAISABOX does not endorse any advertiser or
Merchant linked to its website. Furthermore, PAISABOX is under no
obligation to monitor the Merchant Establishment’s service used by you;
the Merchant Establishment alone will be responsible for all obligations
under the contract including (without limitation) warranties or
guarantees. Any dispute with or complaint against any Merchant
Establishment must be directly resolved by the Customer with the Merchant
Establishment. It is clarified that PAISABOX shall not be responsible or
liable for any deficiency in goods and/or services purchased using PAISABOX
Wallet. This exclusion of liability shall apply even for goods and/or
services made available by PAISABOX under promotional schemes. You are
instructed to satisfy yourself regarding the quality, quantity and
fitness of any good and/or service before purchasing the same.
- Any amount
transferred erroneously by the Customer to any Merchant Establishment
shall not be refunded to the Customer by PAISABOX in any circumstances.
- Any web-link
on the PAISABOX Site to a third party site is not an endorsement of that
web-link. By using or browsing any such other web-link, you shall be
subject to the terms and conditions in each such web-link.
- In the event
of any dispute, PAISABOX records shall be binding as the conclusive
evidence of the Transactions carried out through use of PAISABOX Wallet.
- PAISABOX
shall send all customer communications by SMS and/or email and the SMS
shall be deemed to have been received by you after they have been
submitted for delivery to the mobile phone operator.
- You agree to
receive all commercial message including transactional messages from PAISABOX.
- Amendment
of Terms, Platform
- PAISABOX
reserves the right to amend, modify, change, add or terminate
(collectively “Changes”) the Terms, the Site or the Platform/Network at
any time in its sole discretion. Your continue use of the Site or the
Platform/Network shall be deemed your acceptance of any such Changes. You
should make sure you view these Terms periodically to make sure you are
familiar with the most recent version of them.
- PAISABOX may
modify, terminate and/or suspend PAISABOX Wallet to the Customer anytime
with or without prior notice, due to any changes in internal policies,
rules, regulations and laws set by relevant authorities/regulators.
- Any amendment
of these Terms & Conditions proposed by you shall not be effective
unless it shall be reduced to writing through amendment form and accepted
by PAISABOX. Amendments made under this clause shall be deemed to be a
part of these Terms & Conditions and in case of any contradiction the
amendment form shall prevail. The terms and conditions herein shall be
subject to the notifications/ guidelines issued by RBI, from time to
time.
- Eligibility
and Registration to Use the Services
- You must be
18 years old to use PAISABOX. You must be an authorized representative
with the authority to bind that company or entity to these Terms. You
agree to provide accurate, current and complete information about
yourself or your company as prompted by our registration form (including
your email address) and maintain and update your information (including
your email address) to keep it accurate, current and complete. We reserve
the right to terminate any account or your use of the Site or the
Platform/Network if any information provided by you is false, fictitious,
inaccurate, not current or incomplete, with or without notice to you.
- You will be
issued a user id and password to access your account. You must keep
password confidential and not share it with any other person. You are
responsible for all activity on your account, whether or not you
authorized it. However, if you become aware of any unauthorized use of
your account or your user id and password, please contact us immediately.
- Compliance
with Law
The PAISABOX
Wallet is governed by per RBI direction on Issuance and Operation of Pre-paid
Payment Instruments in India (Reserve Bank) Directions, 2009 (as amended and
supplemented from time to time) and is also subject to directions /
instructions issued by the RBI from time to time in respect of redemption,
repayment, usage etc. PAISABOX will not be responsible or liable for any
violation by you of applicable law, regulation, or guideline. You hereby
declare that your name does not, at anytime, appear in the consolidated list of
terrorist Individuals/ organizations as circulated by the RBI from time to
time.
- Confidentiality
Privacy of
communication is subject to the terms of the certificate of authorization
granted by the RBI and RBI notifications/directives etc. You specifically agree
that in order to facilitate the provision of PAISABOX Wallet, PAISABOX may be
required to disclose any information or particulars pertaining to you to any
authority, statutory or otherwise.
- Assignment
MDV
Services shall have the right to assign/transfer these presents to any
third party including its holding company, subsidiaries, affiliates, associates
group companies.
- Intellectual
Property Rights
We, or our
licensors, own all right, title and interest, including, but not limited to all
copyright, trademark, patent, trade secret or other proprietary rights (“IP
Rights”), in and to the Site, the Platform, the Usage Data. You shall not
reproduce, distribute, transmit, modify, create derivative works, display,
perform or otherwise use the Site, the Platform or any of the IP Rights, or
attempt to reverse engineer, decompile, disassemble, or derive the source code
for the Platform or use the Platform or Site to create a competing service. PAISABOX
is owned by MDV Services. Unauthorized use is strictly prohibited. All rights
are expressly reserved to PAISABOX.
- Disclaimer
WE MAKE NO
WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, THE PLATFORM/NETWORK
AND SERVICES OFFERED. WE EXPRESSLY DISCLAIM THE IMPLIED WARRANTIES OF NONINFRINGEMENT,
MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE. We provide the Site,
the Platform/Network and any other technology and services on the Site on an
“as is”, “where is”, “with all faults” basis. We do not warrant that the Site
or the Platform any services shown or described on the Site, or
other technology and services will be uninterrupted, error-free, available or
operational at any particular time, or that any known defects will be
corrected.
- Waiver and
Release
To the maximum
extent permitted by law, you waive, release, discharge and hold harmless MDV
Services, its affiliated and subsidiary companies, and each of their directors,
officers, employees, and agents, from any and all claims, losses, damages,
liabilities, expenses and causes of action arising out of your use of the
Platform / PAISABOX Wallet.
- Consent to
Electronic Communications and Transactions
By registering
to use the Site, below, you consent to conduct transactions and receive
communications, notices and information from us electronically, whether sent by
e-mail or other electronic means. Electronic communications shall be deemed to
have been received by you when We send the electronic communication to the
email address/mobile number that as per our records, or when We post the
electronic communication on the PAISABOX Site. The requirements for such
electronic transactions and communications following: you must have access to
the Internet, mobile web, applications and a valid e-mail address. You can
withdraw your consent at any time by contacting us, but We reserve the right to
terminate your account upon such withdrawal. Withdrawal of your consent will
not affect the legal validity and enforceability of any notice, statement or
disclosure previously received electronically. You agree to notify us promptly
if your email address or other contact information changes by updating your
account information or contacting us.
- Limitation
of Liability
- NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED HEREIN, NEITHER MDV SERVICES, NOR ITS
AFFILIATED COMPANIES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR ANY
RELATED PARTY SHALL HAVE ANY LIABILITY TO USERS OR TO ANY THIRD PARTY FOR
ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF
REVENUE OR PROFITS ARISING UNDER OR RELATING TO THESE TERMS, THE SITE OR
THE OFFERINGS, EVEN IF ANY OF SAID PARTIES HAD BEEN ADVISED OF, KNEW OF,
OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
- TO THE
MAXIMUM EXTENT PERMITTED BY LAW, OUR MAXIMUM AGGREGATE LIABILITY TO YOU
FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION (WHETHER
LIABILITY ARISES DUE TO NEGLIGENCE OR OTHER TORT, BREACH OF CONTRACT,
VIOLATION OF STATUTE, MISREPRESENTATION OR FOR ANY OTHER REASON), WILL AT
ALL TIMES BE LIMITED TO INR ONE HUNDRED (INR 100).
- Choice of
Law and Dispute Resolution
- These Terms
shall be governed by, and construed in accordance with, the laws of India,
without reference to principles of conflicts of law. The parties agree
that the courts of New Delhi shall have exclusive jurisdiction over any
dispute arising from or relating to these Terms, the Platform/Network or
the Site. You expressly consent to the personal jurisdiction of said
courts and waive any objection to such personal jurisdiction based on
forums non convenience or any other basis.
- General
- The parties
are independent contractors and nothing in these Terms shall be deemed to
create an agency or employment relationship, a franchisor-franchisee
relationship, joint venture or partnership. These Terms constitute the
entire agreement between you and us regarding its subject matter and
supersede all prior and contemporaneous undertakings and agreements
between the parties, whether written or oral, with respect to that subject
matter. Should any provision of these Terms be deemed unenforceable or
invalid, the other provisions of these Terms shall remain in full force
and effect. You cannot assign the Terms or delegate your obligations under
these Terms without the express written consent of PAISABOX. The prevailing
party in any action relating to these Terms shall be entitled to recover
its reasonable legal fees, costs and disbursements incurred in connection
therewith from the non- prevailing party.
- Grievance
Officer
The customer has
the right to register his complaint if he is not satisfied with the services or
finds attitudinal deficiencies when dealing with agents/ staff or finds system
errors or sees gaps between standards of service promised and actual service
rendered by the company. The Customer can lodge a complaint by sending email to
sales@PAISABOX.in. This mechanism is exclusively dedicated for customer
complaint redressal.
- Acknowledgement
of Grievances & redress on Complaints:
- CSD will
acknowledge the grievance immediately on the receipt of complaint and
initiate action to have the grievance resolved within a maximum period of
three weeks on extraordinary cases with auto reply in either cases.
- The customer
will also be kept informed of the action taken, the progress while
redressing grievances, and/or, the reasons for delay if any, in
redressing.
- Complaints
received by e-mail shall be acknowledged by an immediate system generated
response or via individual emails to the extent possible.
- The follow up
action taken in respect of such complaints shall be advised to customers
by e-mail.
The name and
contact details of the Grievance Officer are provided below:
Email:
Time: Mon – Sat
(9:00 am – 6:00 pm)