Mobile Money Services :: Nokia Money

TERMS OF SERVICES

This document lays out the Terms and Conditions which shall be applicable to the ALPHA PAYMENT SERVICES INDIA PRIVATE LIMITED (hereinafter referred to as the "APSIPL") Services (hereinafter referred to as "Services") provided to the Customers. These Terms of Services shall govern APSIPL's Services and shall govern all the matters arising out of any services availed by the Customer or provided by APSIPL in relation to the Services.

If Customer requires any additional information relating to the Services, he can contact the customer care number provided at APSIPL's Website hosted at www.mobilemoneyservices.co.in

The Customer shall verify the Services for which he is registered and shall contact the customer care number corresponding to such Service(s).

Additional information regarding the Customer care is also provided in the Product Guide.

GENERAL - APPLICABLE TO ALL SERVICES
DEFINITIONS

In these Terms and Conditions, unless the context otherwise requires,

"Account" refers to the Pre-Paid Account of the Customer, which is used for availing the Services.
"Bill Payment" means Transactions wherein the Customer uses APSIPL's Services and makes payments for the permitted bills.
"Charge(s) / Service Charge" shall mean the charges which APSIPL may charge from the Customers in consideration of the Services rendered to the Customers.
"Customer" means a person who has registered with APSIPL for availing the Services and who has accepted these Terms and Conditions and owns a Mobile Phone that supports the Services.
"Nokia Money Account" means Account of the Customer registered as "Nokia Money Account" and classified as "semi-closed system payment instruments" as per Reserve APSIPL of India's Directions on Issuance and Operations of Pre-paid Instruments in India, 2009 and from which the permitted Transaction as contained in Product Guide are allowed.
"Merchant Establishment" shall mean establishments, wherever located, which honour making payments through the Services including but not limited to stores, shops, restaurants, hotels, airline organizations, websites, mail order advertisers (whether retailers, distributors or manufacturers), advertised as honoring the Services.
"Mobile Application" means the software application which is either preloaded or side-loaded on the Customer's compatible Mobile Phones for availing the Services
"Mobile Phone" shall mean the mobile phone devices, including the mobile phone numbers, the combined use of which shall enable the Customer to avail the Services.
"Pre-Paid Account" means pre-paid account linked to the Mobile Phone of the Customer, which is used by the Customer to avail the pre-paid Services of APSIPL and without limitation shall include Nokia Money Account.
"Pre-Paid TopUp" means a Transaction of the Customer using the Services, wherein the Customer can top-up/ re-charge the pre-approved pre-paid services.
"Registration" means and refers to the process of registration adopted by APSIPL to register and activate the Services for the Customer, who meets the eligibility criteria as set out in this Agreement. The registration process for each type of account is more particularly described in the Product Guide.
"Related Parties" means third party licensors, suppliers, contactors, service providers of APSIPL and their respective third party suppliers, licensors, subcontractors, affiliates, agents and partners
"Request Money" means a Transaction of the Customer wherein the Customer utilizes the Services to receive funds from another registered Customer and is more particularly described in Product Guide.
"Services(s)" means Services relating to Pre-Paid Accounts (also referred to as "Mobile Money Services") and Mobilized APSIPL Account (also referred to as "Mobile Payment Services") and other incidental Services provided by APSIPL in accordance with the terms and conditions stipulated in these Terms and Conditions.
"Terms and Conditions" shall mean and refer to these terms and conditions, including the Product Guide,
"Transaction" shall mean and include Financial Transactions and Non-Financial Transactions relating to the Services. The Financial Transactions are more particularly described in the Product Guide.
"Transfer" means the movement of funds to or from an Account of a Customer.
"Product Guide" means the detailed guide for Services, which enumerates the information relating to Account types, permitted Financial and Non-Financial Transactions relating to each type of Account, Customer Care Numbers, and other information relating to the Services.
"Website" shall mean APSIPL's website hosted at www.mobilemoneyservices.co.in

THE SERVICES

By availing the Services the Customer shall be able to receive, send and spend money by the use of supported Mobile Phones, software applications, website, WAP sites, as the case may be. The Customer acknowledges that the funds deposited in the Account registered as Nokia Money Account, cannot be withdrawn and shall not be refunded by APSIPL from the Customer's Nokia Money Account at any time. The Customer will be entitled to refund of funds held in Nokia Money Account only in case APSIPL completely winds-up the scheme of Nokia Money Account under the Services. The Customer is not allowed to withdraw cash from Nokia Money Account.Without prejudice to the foregoing, APSIPL at its sole discretion ,reserves the right toadjust any due or outstanding amount from the Customer, for any reason whatsoever.
CUSTOMER IS REQUIRED TO READ THESE TERMS AND CONDITIONS CAREFULLY. BY REGISTERING FOR, ACCESSING OR USING THE SERVICE, THE CUSTOMER ACKNOWLEDGES THAT THE CUSTOMER HAS READ, UNDERSTOOD AND AGREES TO BE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING ANY SUPPLEMENTAL INFORMATION AND FUTURE AMENDMENTS AS UPDATED ON APSIPL’s WEBSITE (www.mobilemoneyservices.co.in). IF AT ANY TIME THE CUSTOMER DOES NOT AGREE TO THESE TERMS AND CONDITIONS, HE IS REQUIRED TO TERMINATE THE USE OF THE SERVICES IMMEDIATELY.

ELIGIBILITY AND REQUIREMENTS FOR USE OF THE SERVICE(S)

The Services is only available to resident Indian person who has attained the age of majority and who is competent to contract. APSIPL reserves the right to not to make these Services available to anyone. APSIPL reserves the right to reject any request for Services, in case particulars provided therein are incomplete, incorrect or for any other legally just and valid reason.
The Customer must own a Mobile Phone in his/her name. The Customer must register for these Services by submission of applicable supporting documents with APSIPL's registered agent. The Customer may be required to provide additional information and documents from time to time. The customer shall verify APSIPL agent code before initiating or sharing any information for the Services.
The Customer confirms that the mobile phone number registered by him/her is issued to him/her by the concerned telecom service provider. The Customer should ensure that the handset / Mobile Phone is compatible for the Services. The Services might not be available on all handsets depending on the handset configuration and the minimum requirements for running the Mobile Application
The Customer also understands that the performance of the Service is also dependent on telecommunications networks.
The Services shall be valid till the time it is terminated by APSIPL or the Customer with prior notice.
Customer shall not hold APSIPL liable in case there is a delay in activation of Services due to technical or logistical or other reasons.
The Nokia Money Services will be activated for use immediately upon Registration of the Customer.
It is the responsibility of the Customer to ensure that he has sufficient funds in his Account to take care of Transaction amount and related Charges before he initiates the Transaction.
An individual can open and maintain a single Accountwith APSIPL. If an individual already has an operative Account with APSIPL, he shall not apply/ register for the second Account For changes in the Account information such as name change, address change, mobile phone number change, etc, the Customer is required to follow the process as mentioned in the Product Guide.
The Customer understands that all Bill Payments using the Services should be done at-least 4 (four) working days before the actual due date. Customer shall not hold APSIPL liable for any delay in payments, on part of APSIPL, due to technical reasons or otherwise.
The Customer is required to register the biller before initiating Bill Payment Transaction for the respective biller.
The Customer is allowed to make payment as per the processes defined/modified by the biller from time to time. Incase the processes as defined by the billers is not compatible with the Services as provided by APSIPL, the Customer will not be able to make payments to such billers.
The Customer also understands that no interest shall be payable by APSIPL on the funds deposited/ transferred to the Customer's Nokia Money Account.
Customer will be solely responsible for submitting the correct mobile phone number and all other information to use the Service.

ARTICLE 1 – ACCOUNT TYPES AND APSIPL’s RIGHTS

Under the present scheme APSIPL may Register and activate the Services of the Customer for the Nokia Money Account.
For detailed features, Registration process and/or any other requirements, permitted Transactions, closing of Accounts procedure, refund and other related details relating to the abovementioned Account types the Customer is required to read the Product Guide.
APSIPL will not reverse or treat as unauthorized Transaction requests that contain entry errors, are generated by auto-dialing, predictive text or spell check programs or that otherwise contains unintended or erroneous information.
APSIPL's records are the sole source of any definitive information regarding Customer's Transaction requests. Customer is responsible for the content of any optional message he sends with his Transaction requests.
APSIPL reserves the right to, but is not required to, block transmission of any optional message the Customer send with his Transaction requests. Customer may not access their pending Transaction log using the text messaging function of the Services.
APSIPL reserves the right, but is not required to, block transmission of messages with objectionable content.

ARTICLE 2 - PRIVACY AND INFORMATION SHARING

When the Customer register for the Services, APSIPL / Related Parties and their employees, officers, partners, contractors, agents, representatives, and correspondents ask for or otherwise collect and share amongst each other certain personal information about the Customer such as his name, address, birthday, gender, email address, mobile numbers so that APSIPL can communicate with the Customer by phone, Short Messaging Services (SMS), email or by post to ensure the security of the Services and to facilitate the use of and experience with the Services by the Customer. APSIPL will disclose to third parties about Customer's Account or his Transfers:
1. In order to complete Transfers and to provide Transfer information (for example Customer's name or phone number) to senders and recipients
2. In order to verify the existence and condition of Customer's Account for a third party, such as a credit bureau or APSIPL,
3. In order to comply with government or court orders; or
4. In order to prevent actual or suspected fraud or abuse of the Services (including comparing information about Customer or his Account with databases operated by third parties); or
5. As otherwise provided in APSIPL's privacy policy.
In addition, in order to provide and improve the Services, APSIPL/ Related Parties and their employees, officers, partners, contractors, agents, representatives, and correspondents collect and share amongst each other information including the information described above as well as certain technical information such as the type and serial number of Customer's mobile device, Customer's IP address, mobile network and country codes, time zones, and other technical details connected with the software used with the Services, and the type, location, and dates of Customer's Transactions. This technical information is often used in an aggregated form for:
1. Improving the Services and its security and enhancing Customer's use thereof;
2. Auditing, research and analysis in order to maintain, protect and improve the Services(s)
3. Ensuring the technical functioning of the Services and the network;
4. Protecting the rights or property of APSIPL/ Related Parties and their affiliates and their employees, officers, partners, agents, representatives, correspondents, and their customers; and
5. Developing new mobile services.
By using the Services Customer expressly consent to the collection, sharing and use as described above of Customer's personal information. Customer authorizes APSIPL to send him emails and messages regarding his use of the Services.
Customer also acknowledge that APSIPL has partnered with Related Parties for making the Services available, and this consent expressly allows the Related Parties to collect, share, and use Customer's personal information.
The Customer authorizes APSIPL to appoint any Related Parties for providing the Services and further authorizes APSIPL to share Customer's personal

ACTICLE 3 - SERVICE CHARGES

Customer agrees to pay the Services Charges set forth in schedule of Charges provided in the Product Guide. The Services provided by APSIPL may be (at the discretion of APSIPL) provided initially to the Customers, without collecting any Charges as a part of promotional scheme. APSIPL may at its discretion after giving notice of 30 days notice to the Customer, change amend, increase, reduce the applicable charges applicable to the Services. The mode of communication of notice shall be decided by APSIPL.
In addition to these Charges, the Customer may also be required to pay fees / Charges to other third parties in connection with their use of the Services, for instance (without limitation), Customer's mobile telephone operator charges for use of his Mobile Phone in connection with the Services. These charges are independent of the Services and not covered within the purview of these Terms and Conditions.

ARTICLE 4 - ACCOUNT PASSWORD (PIN), REGISTRATION AND UNAUTHORIZED TRANSACTIONS

PIN OR Personal Identification Number: The Customer is advised to create a strong PIN number through the designated channels.
The Customer shall be solely responsible for the consequences arising out of the disclosure of his PIN and/or unauthorised use of Services and shall be liable for any increased liability which he may incur on account of unauthorized use of the PIN and Services.
APSIPL disclaims any liability of APSIPL for any unauthorized use of Services and for any loss or damage whether direct or indirect incurred by it as a result of such misuse.
If the Customer forgets the PIN, he/she can get the PIN re-issued by calling the Customer Care Numbers. Selection of a new Personal Identification Number shall not be construed as the commencement of a new contract.
The Customer shall be responsible for the confidentiality, safety and security of the PIN and failure to observe confidentiality, safety or security of the PIN can result in the Customer incurring liability on the Services. If the Customer believes that his PIN has been lost or stolen, contact the Customer Care Number and request for a PIN change and/or for Services to be blocked.
The Customer acknowledges and understands that the Services are linked to the mobile phone number of the Customer and the Customer is responsible for liability arising out of loss/ theft / misuse of the mobile phone number, in respect of the Services.
The Customer agrees that the access to the Services shall be through the Mobile Phones and the PIN and that any Transaction which originates from the same, whether initiated by the Customer or not, shall be deemed to have originated from the Customer.
If Customer thinks that a transfer on his Transaction history is incorrect, or if he believes an unauthorized transfer has taken place then he is required to contact the Customer Care Number immediately.
Any Transaction that has been successfully processed as per APSIPL's record will be deemed to be authorized by means of the PIN and APSIPL will not be liable in any way for the same.
Any Transaction that has been initiated on Customer's Account till the time the Account is closed/blocked will entirely be the responsibility of the Customer.

ARTICLE 5 - PROHIBITED CONDUCT

By using the Services, Customer agree not to:
1. Use the Services for any purposes other than decribed in these Terms and Conditions and as such services are offered by APSIPL;
2. Impersonate any person or entity, or access the Accounts of others without permission, forge another person's digital signature, misrepresent the source, identity or content information transmitted via the Services, perform any other similar fraudulent activity or otherwise send or receive what APSIPL reasonably believes to be potentially fraudulent funds.
3. Use the Services, or request or make any Transfer, for any illegal purpose, or in violation of any local, state, national or international law, including without limitation, laws governing intellectual property, data protection and taxation;
4. Use any robot, spider, other automatic device, or manual process to monitor or copy the Services Website without prior written permission;
5. Refuse to cooperate in an investigation or provide confirmation of Customer's identity or any other information that Customer provide to APSIPL;
6. Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Services or features that enforce limitations on the use of the Services;
7. Take any action that would cause APSIPL to lose any of the services from its service providers, payment processors or other suppliers;
8. Attempt to "double dip" during the course of a dispute by attempting to receive funds from APSIPL and any third party for the same Transaction.

ARTICLE 6 - THIRD PARTY SITES, PRODUCTS AND SERVICES; LINKS

The Services may include links, lists or references to web sites, merchants or services solely as a convenience to Customers ("Reference Sites"). APSIPL does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. In addition, Cuɳtomer's correspondence or business dealings with, or participation in promotions of, advertisers or merchants found on or through the Services are solely between Customer and such advertiser. ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ON OR AVAILABLE THROUGH REFERENCE SITES IS SOLELY AT CUSTOMER'S OWN RISK.

ARTICLE 7: TERMINATION; AGREEMENT VIOLATIONS

APSIPL may at its sole discretion, and without giving any notice to the Customer, may suspend (wholly or in part) or terminate the Service, if APSIPL is of the opinion that the Services is being used by the Customer for committing any fraud, or for any illegal or unlawful activity and/or volaition of RBI guidelines or cirulars. Any fraudulent, abusive or illegal or unlawful activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies APSIPL may have at law or in equity.
APSIPL may, without prior notice, suspend the Services at any time during which any maintenance work or repair is required to be carried out or in case of any emergency or for security reasons, which require the suspension of the Services. APSIPL is not obligated, but shall endeavor to give a reasonable notice for suspension of the Services.
The Customer agrees that APSIPL may by giving 30 days notice and in its sole discretion, for any or no reason, and without penalty, terminate (wholly or in part) Customer’s use of the Services, or any part thereof at any time.
The Customer agrees that APSIPL shall not be liable to the Customer and / or any third party for any suspension or termination of access to the Services or any Account by APSIPL.
Upon termination of the Services for any reason, the Customer agrees to stop using the Services immediately and to uninstall and/or destroy all copies of the Mobile Application software, any accompanying documentation, and all other associated materials.
The Customer may terminate the Services at any time by contacting the Customer Care Numbers and by providing 7 days (Seven Days) written notice to APSIPL, uninstalling all copies of the Mobile Application software on his mobile phone, destroying all copies of the Mobile Application software in his possession, withdrawing the funds in the Account of the Customer and discontinuing use of any and all parts of the Services.
The Customer will remain responsible for any Transactions made through his Mobile Phone Number through the Services prior to the time of such cancellation or termination of Services.

ARTICLE 8: OWNERSHIP; PROPRIETARY RIGHTS

The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of the Services provided by APSIPL (the “Materials”) are protected by copyright, designs, patent, and trademark laws, international conventions, and other applicable intellectual property and proprietary rights of either APSIPL and/or the Related Parties . As between Customer and APSIPL, all Materials, trademarks, service marks, and trade names contained on the Services are the property of APSIPL and/or of the Related Parties.
Customer agree not to remove, obscure, or alter APSIPL’s 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 APSIPL, Customer 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. APSIPL and the respective third parties reserves all rights not expressly granted in these Terms and Conditions.

ARTICLE 9: INDEMNIFICATION

Customer agrees to indemnify, save, and holdAPSIPL, and/or Related Parties 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 Customer’s use or misuse of the Services, any violation by Customer of these Terms and Conditions, or any breach of the representations, warranties, and covenants made by the Customer herein.
APSIPL, and/or Related Parties reserve the right, at Customer’s expense, to assume the exclusive defense and control of any matter for which Customer is required to indemnify them, including rights to settle, and Customer agree to cooperate with their defense and settlement of these claims. APSIPL will use reasonable efforts to notify the Customer of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it.
The Customer shall be responsible for the safe custody of Mobile Phone/device. Customer shall however be responsible and liable for all Transactions effected by the Customer until the Services is closed/blocked.

ARTICLE 10: LIMITATION OF LIABILITY AND DAMAGES

APSIPL and/ or Related Parties shall not be responsible for any failure on part of the Customer to utilise the Services due to the Customer not being within the geographical range within which the Services is offered;
If APSIPL and/ or Related Parties does not complete a transfer to or from Customer’s Account on time or for the correct amount according to these Terms and Conditions. APSIPL and/ or Related Parties will not be liable, for instance (without limitation):
If, through no fault of APSIPL and/ or Related Party’s, Customer do not have enough money in his Account to make the transfer.
For unauthorised use of the Customer's PIN, or Mobile Phone or for any fraudulent, duplicate or erroneous instructions given by use of the Customer's PIN, or Mobile Phone
If the funds in Customer’s Account are subject to legal process or other encumbrance restricting their use.
If the Services or system was not working properly and if the Customer was informed by APSIPL and/ or Related Parties or the Customer knew about the breakdown when he started the Transfer.
If circumstances beyond APSIPL and/ or Related Party’s control (such as fire or flood, or actions of a third party) prevent the Transfer, despite reasonable precautions that APSIPL has taken.
If the failure results from a communications failure, such as the failure of a mobile operator to complete a text, voice, or data transmission accurately.
If Customer provided inaccurate or incomplete information regarding the Transfer.
If the Transfer appears suspicious, fraudulent or unauthorized, and APSIPL and/ or Related Parties cannot confirm that it is a legitimate Transfer, or if the Transfer is (or appears to be) prohibited by law or rules.
APSIPL and/ or Related Parties is not responsible for the actions of the persons to whom Customer send a Transfer, or from whom the Customer receive a Transfer.
APSIPL and/ or Related Parties shall not be liable in cases, where APSIPL and/ or Related Parties has:
acted in good faith on any instructions received by APSIPL and/ or Related Parties;
error, default, delay or inability of APSIPL and/ or Related Parties to act on all or any of the instructions
loss of any information/instructions in transmission;
unauthorized access by any other person to any information /instructions given by the Customer or breach of confidentiality;
any loss or damage to the handset / mobile phone, including loss of data arising from downloading any software/application for availing/use of the Services.
any delay or nonperformance of our obligations in respect of Services arising from any cause beyond our reasonable control including, without limitation, act of God, governmental act, war, fire, flood, network failure, explosion, natural disaster, civil commotion or riots.
There may be other exceptions stated in these Terms and Conditions.
IN NO EVENT WILL APSIPL, AND/OR RELATED PARTIES BE LIABLE TO CUSTOMER 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) THESE TERMS AND CONDITIONS , (II) THE SERVICE OR ANY REFERENCE SITE, (III) CUSTOMER’S USE OR INABILITY TO USE THE SERVICE (INCLUDING ANY AND ALL MATERIALS) OR ANY REFERENCE SITES, OR (IV) ANY OTHER INTERACTIONS WITH ANOTHER CUSTOMER IN CONNECTION WITH THE SERVICE, EVEN IF APSIPL,OR AN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
In no event will APSIPL and/or Related Party(ies)’s total liability to Customer for all damages, liabilities, losses, and causes of action arising out of or relating to (i) these Terms and Conditions , (ii) the Services, (iii) Customer’s use or inability to use the Services (including any and all Materials) or any Reference Sites, or (iv) any other interactions with APSIPL or Customer, however caused and whether arising in contract, tort including negligence, warranty or otherwise, exceed the amount of Services Charges paid by Customer.
CUSTOMER ACKNOWLEDGE AND AGREE THAT APSIPL HAS OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS AND CONDITIONS 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 CUSTOMER AND APSIPL, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN CUSTOMER AND APSIPL.
However in an event a Customer has suffered a loss arising out of/or due to availing of APSIPL and/ or Related Party’s Services and whether it arises in contract, tort including negligence, warranty or otherwise, the liability of APSIPL and/ or Related Parties shall not exceed the amount of Services Charges paid by Customer.

ARTICLE 11: DISCLAIMER; NO WARRANTY
AS USED IN THIS ARTCLE 11, THE TERM “APSIPL”, INCLUDES RELATED PARTIES AND RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS OF APSIPL AND THE RELATED PARTIES
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, APSIPL, 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 CUSTOMER FORM APSIPL OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. CUSTOMER EXPRESSLY ACKNOWLEDGE THAT.
CUSTOMER EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT CUSTOMER’S SOLE RISK. THE SERVICE AND ANY DATA, INFORMATION, THIRD PARTY SOFTWARE, REFERENCE SITES, SERVICES, OR SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE 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. APSIPLDO NOT WARRANT THAT THE DATA, SOFTWARE, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE SERVICE 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. THE CUSTOMER AND MERCHANT ESTABLISHMENT AGREES AND UNDERTAKES TO PROMPTLY REPORT TO APSIPL OF ANY FAULT OR DELAY IN ANY SERVICE.
APSIPL DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE OR ANY REFERENCE SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
CUSTOMER UNDERSTAND AND AGREE THAT IF CUSTOMER USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE SERVICE OR ANY REFERENCE SITES AT HIS OWN DISCRETION AND RISK AND THAT HE/SHE WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S PROPERTY (INCLUDING CUSTOMER’S COMPUTER SYSTEM AND/OR OTHER DEVICE) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.

ARTICLE 12- MODIFICATION OF THESE TERMS AND CONDITIONS

APSIPL has the absolute discretion to amend or supplement any of these Terms and Conditions at any time and will make reasonable efforts to give prior notice of 30 days by email/SMS or by displaying on the Website depending upon the discretion of APSIPL, whichever feasible, and such amended Terms and Conditions will thereupon apply to and be binding on the Customer. The changes will become effective and shall be deemed accepted by the Customer on the next day succeeding the completion of the notice period of 7 days from the initial posting and the changes so effected shall apply on a going-forward basis with respect to Transactions initiated after the completion of the notice period of 7 days.
If Customer does not agree with any such modification, Customer sole and exclusive remedy is to terminate the use of Services. The Services can be terminated by following the process mentioned in the Product Guide.

ARTICLE 13: AUTHORITY TO DEBIT THE ACCOUNT

The Customer hereby authorises APSIPL to debit the Account(s) with the amount of transfers effected by the use of Mobile Payment Services, as per APSIPL's records. APSIPL's record for Transactions processed through the registered Mobile Phone device shall be final and binding on the Customer.

ARTICLE 14: TRANSACTIONS DONE AT MERCHANT ESTABLISHMENTS

The Services is for electronic use only and will be acceptable only at Merchant Establishments, which accepts the Services. Any usage of the Services other than electronic use will be considered as un-authorized.
The Services will be honored only when it is authorized by means of the PIN.
The amount of the Transaction is debited immediately from Customer’s Account. The Customer should ensure that the Services is used only once at the Merchant location for each Transaction.
The Customer will get a notification each time the Services is used and the Services Customer should ensure that there is no multiple usage of the Services at the merchant location at the time of each purchase.
APSIPL accepts no responsibility for any surcharge levied by any Merchant Establishment and debited to the Customer’s Account with the Transaction amount.
Any charge or other payment requisition received from a Merchant Establishment by APSIPL for payment shall be conclusive proof that the charge recorded on such requisition was properly incurred at the merchant establishment by the Customer except where the mobile phone has been lost, stolen or fraudulently misused, the onus of proof for which shall be on the Customer.
The Customer agrees that any debits received during this time will be honored only based on the available Balance in the Account(s). The Customer shall keep APSIPL indemnified for any loss or damage caused due to APSIPL dis honouring the payment instructions as a result of insufficient funds in the Account of the Customer.
The Services is not to be used at Hotels during Check-in and also at other locations where paying arrangement is done before completion of the purchase Transaction or service.
The Services should not be used for any Mail Order/Phone Order purchases and any such usage will be considered as unauthorized usage. The Customer would be solely liable for all unauthorized acts and Transactions.
Customer must not at any point, hand over Customer’s Services to any other person including for usage on Customer’s behalf. Customer must ensure that he is physically present at a Merchant Establishment at the time of any Transaction undertaken by him.
In case of any upgradation/ maintenance/ network connection/ replacement of mobile phones is required by the Customer to use the Service, the costs, charges and expenses thereto shall be borne by the Customer solely.

12. Customer disputes with Merchants:

Any dispute with or complaint against any Merchant Establishment must be directly resolved by the Customer with the Merchant Establishment. APSIPL shall not in manner be responsible for any disputes regarding goods and services of Merchant Establishment received by the Customer including the quality, value warranty, delay of delivery, non delivery, non receipt of any goods or services. It must be clearly understood that the Services is only available to the Customer for purchase of goods or avail of third party services and APSIPL holds out no warranty or makes no representation about quality, quantity, value, delivery or otherwise, howsoever regarding goods or third party services, and any such disputes should be resolved by the Customer with the Merchant Establishment directly.
For the purpose of this Article 14, the term Customer shall not include Merchant Establishment.

ARTICLE 15 OTHER DISPUTES

APSIPL may keep its records of the Transactions in any form it wishes. In the event of any dispute, APSIPL's records shall be binding as the conclusive evidence of the Transactions carried out through Services in the absence of clear proof that APSIPL's records are erroneous or incomplete. Any request for any Services, which is offered as a part of Services, shall be binding on the Customer as and when APSIPL receives such a request. If any request for a Services is such that it cannot be given effect to unless it is followed up by requisite documentation on part of the Customer, APSIPL shall not be required to act on the request until it receives such documentation from the Customer
The Customer hereby authorizes APSIPL to reverse any entries erroneously passed, with or without notice to/from the Customer; and to debit/credit the Customer Account to the extent required to correct any erroneous entries that may have been inadvertently made by APSIPL.
The customer will be given 15 days notice prior to expiry date, post which any unutilized balance remaining in the Account with APSIPL after the expiry date shall stand forfeited in favor of APSIPL as per the RBI Guidelines.
Without prejudice to the foregoing, in the event of the death of the Customer, APSIPL reserves the right to pursue all courses available to it under law and equity, at its discretion to recover any outstanding from the Customer's survivors/heirs/executors/administrators.Without prejudice to the foregoing, APSIPL reserves the right to pursue all courses available to it under law and equity, at its discretion to recover any outstanding from the Customer's survivors/heirs/executors/administrators.

ARTICLE 16: FORCE MAJEURE

APSIPL shall not be liable for any failure to perform any of its obligations under these Terms and Conditions or the specific terms and conditions if the performance is prevented, hindered or delayed by a Force Majeure Event (without limitation, defined below) and in such case its obligations shall be suspended for so long as the Force Majeure Event continues.
APSIPL shall promptly inform the Customer of the existence of a Force Majeure Event and shall consult together to find a mutually acceptable solution. "Force Majeure Event" means any event due to any cause beyond the reasonable control of APSIPL, including, without limitation, unavailability of any communication system, breach or virus in the processes or payment mechanism, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorized access to computer data and storage device, computer crashes, breach of security and encryption, etc.

ARTICLE 17: GOVERNING LAW AND JURISDICTION

The Customer agrees and confirms that all claims, matters and disputes are subject to the jurisdiction of the competent courts in New Delhi and laws of Republic of India shall govern any dispute in connection with or relating to these Terms and Conditions.

ARTICLE 18: NOTICES

APSIPL may give notice under these Terms and Conditions electronically to the mailbox of the Customer (which will be regarded as being in the writing) or in writing by delivering them by hand or by sending them by post to the last address given by the Customer and in case to APSIPL at its registered office at - Flat No. 1204, 12th Floor, Kailash Building, Kasturba Gandhi Marg, New Delhi – 110001. In addition, APSIPL may also publish notice of general nature regarding the Services, which are applicable to all Customers of the Services on its Website and/or by means of the customized messages sent to the Customer over the mobile phone as short messaging service (“SMS”). Such notice will be deemed to have been served individually to each Customer.

ARTICLE 19: WAIVER

The Customer acknowledges and understands that APSIPL’s failure to enforce any rights conferred by these Terms and Conditions or any law shall not be deemed to be a waiver of any such rights or operate so as to the exercise or enforcement thereof at any subsequent time, nor shall any single or partial exercise of any other right, power or privilege constitute as a waiver.

ARTICLE 20: SEVERABILITY AND SURVIVAL

The Customer understands and acknowledges that each of the provisions of these Terms and Conditions is severable and distinct from the others and, if at any time one or more of such provisions is or becomes illegal, invalid or unenforceable in any respect under law, the legality, validity or enforceability of the remaining provisions shall not be affected in any way.
All provisions of the Terms and Conditions which by their nature should survive termination shall survive termination, including, without limitation, PRIVACY AND INFORMATION SHARING, OWNERSHIP; PROPRIETARY RIGHTS, INDEMNIFICATION, LIMITATION OF LIABILITY AND DAMAGES, DISCLAIMER; NO WARRANTY, GOVERNING LAW AND JURISDICTION, WAIVER.


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