TERMS and CONDITIONS

All the applicable guidelines, regulations, notifications and instructions issued by RBI in relation to the issuance and operation of pre-paid payment instruments in India and operation of the mobile wallet Account and mobile wallet Services and all other guidelines and instructions inclusive of their respective amendments as may be issued and notified by RBI from time to time including The Payment and Settlement Systems Act, 2007 & regulations made there under.

Services

Services Offered. The Application offers a wide range of Services, conducted between users of the Payin.in system, including the ability to transfer, send and receive money, recharge prepaid cellular accounts, buy goods and pay bills through your registered mobile phone and through Internet web-service.

Registration.

In order to utilize the Services, you will be required to create a user account by registering your user information via web/application for a basic account or with an authorized Payin.in Support. As part of the registration process you will receive a PIN code which will authenticate you to access the Payin.in System. By registering for the Services and creating a user account you represent that you are of legal age and capacity to form a binding contract under applicable law.

Loading Money.

You can load money on your m-account by depositing the desired cash amount with any Agent or by debit/credit cards (Visa/Master), via the Internet or bank transfer.Payin.in may add additional methods of loading money to m-accounts, upon notification. The cash you load will be deposited in the main Payin.in bank account and will be represented as m-money in your m-account in the country currency(INR).

Redeeming Money.

The balance of your m-account is redeemable at any time and shall be disposed of only in accordance with your instructions given via the Payin.in System.

Transactions.

Immediately upon conclusion of any action of loading money to or transferring money to or from your m-account (a "Transaction") your m-account shall be charged or credited, as applicable. The Payin.in System will not allow you to transfer m-money from your m-account in an amount which exceeds the amount of m-money deposited in your m-account, reserving the amount of commission due for such Transaction. In the event that the user you transferred money to did not redeem it within 8 days of the date you performed the Transaction, the money will reappear in your m-account. No Transaction can be cancelled after conclusion unless a specific order is given by the user and following a verification and authorization of Payin.in officer. In any event, the Commission paid will not be refunded.

Charges

Usage and operation of Prepaid Payment Account is subject to payment of service charges prescribed by the Bank and / or BC and as set out on the Website from time to time. Charges shall be exclusive of service tax which will be charged extra.

The Bank and / or BC have the right to levy Charges including but not limited to, charges on Transaction, periodic maintenance, Services etc. in accordance with applicable laws.

Customer unconditionally and irrevocably authorizes the Bank and / or BC to debit his / her Prepaid Payment Account from time to time with applicable transaction charges and fees plus taxes for the issue and use of Prepaid Payment Account as and when required by the Bank and /or BC.

Commission.

No commission will be charged for any transaction, m-account management services such as balance verification or change of PIN code.

Maintenance and Support.

As long as you are registered for the Services, you will be entitled to receive for no additional consideration, maintenance and support services for the Services and the Application, in accordance with Payin.in standard terms, by calling the customer service call-center, whose number shall be provided by the Agent and on Payin.in web site and as may be updated from time to time.

Suspension and Disconnection of Services.

Payin.in reserves the right to suspend or terminate the provision of the Services, at its sole discretion, if you use the m-account for unauthorized purposes, or if your m-account has been inactive for a period of 180 days. In the event of account suspension, for any reason other than use for unauthorized purposes, your m-account shall be archived and you will be able to retrieve the money held to your credit from any Agent by personally presenting sufficient identification. You may request your m-account to be closed at any time from any Agent by presenting sufficient identification and signing the required form. Payin.in at its discretion, may close your m-account at any time for any reason upon giving one (1) week notice to you and making reasonable attempts to reach you. In such circumstances, you shall be entitled to the balance of any funds remaining in your m-account, which you can receive from any Agent by personally presenting sufficient identification. You acknowledge that Payin.in may be compelled by law to suspend and/or freeze your m-account or decline to execute your Transaction requests if there are reasonable grounds to suspect that an m-account has been or is being or may be used to receive or send funds in connection with any criminal or fraudulent activity.

Loss or Theft.

It is your responsibility to keep your PIN code away from your mobile phone and your password away from your computer. Do not write the PIN code on or next to your mobile phone. You may change your PIN code or password at any time through the Payin.in application or by contacting the customer service call-center.In case of loss or theft of your mobile phone or your PIN code you shall promptly freeze your m-account by notifying the customer service call-center.

Application License

Software Application; Grant of License. In order to access and use the Services via your mobile phone or the Internet , and in order to download the Application on your smart-phone, Payin.in grants to you a limited, non-exclusive license to use the Application as provided herein, solely for the purpose of receiving the Services (the“License").

Other Rights and Limitations.

You may not, and may not permit or aid others to, translate, reverse engineer,decompile, disassemble, update, modify, reproduce, duplicate, copy, distribute or otherwise disseminate all or any part of the Application, or extract or attempt to extract source code from the object code of the Application. The Application is licensed as a single product; you may not separate its component parts for any purpose. You may not make any commercial use of the Application, whether or not for consideration.

Intellectual Property Rights

The Services and the Application and any software used in connection therewith contain proprietary and confidential information. You acknowledge and agree that the Services and the Application are proprietary of Payin.in and its licensors,protected under applicable intellectual property and other laws and international treaties. You further acknowledge and agree that all right, title and interest in and to the Services, the Application and any software therein, including associated intellectual property rights, are and shall remain with Payin.in and its licensors.This Agreement does not convey to you any interest in or to the Services, the Application and any software therein, except for a limited right of use as set forth herein, terminable in accordance with the terms of this Agreement. You will not remove, alter or deface any trademarks or proprietary notices of Payin.in or of its licensors in the Application.

Warranty; Limitation of Liability

Payin.in provides that the application and services “as is” and without any without any warranty or condition, express, implied or statutory. Payin.in does not warrant that the application and services shall be error-free., that they shall operate uninterrupted or that they shall meet your requirements. Payin.in disclaims any and all warranties, whether express or implied, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, performance,accuracy, reliability and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.Notwithstanding anything herein to the contrary, Payin.in sole and cumulative liability to you or any third party for any loss, cost or damage resulting from any claims, demands or actions arising out of or relating to these Terms and/or your use of the Application and/or the Services shall not exceed the maximum m-account balance immediately preceding the occurrence of the event giving rise to the applicable loss, cost or damage.

In no event shall payin.in be liable for any indirect, incidental, special,consequential, punitive, or exemplary damages, including but not limited to,misconduct of agents; technical problems of service providers; Transactions made to unintended recipients or in incorrect amounts due to the input of incorrect information by you; transactions made from your account by an unauthorized third party who passes all identity and verification checks; any fraud, deception or misrepresentations by any agent; any damages resulting from a recipient’s decision not to accept or record a Transaction made by you through the Payin.in System;failure of any other telecommunications or data transmission system other than the Payin System; any result of any acts of government or authority, or force majeure;damages for loss of profits, revenue, goodwill, use, data, electronically transmitted requests or other economic advantage (even if Payin.in has been advised of the possibility of such damages), however caused and regardless of the theory of liability, whether in contract (including fundamental breach), tort (including negligence) or otherwise, arising out of or related to the use of or the inability to use the Application and/or the Services for any reason. Some states may not allow the limitation or exclusion of liability for indirect, incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Governing Law and Jurisdiction; Litigation Costs.

This Agreement shall be construed and governed in accordance with the laws,statutes, ordinances and regulations of India, of operation regardless of its conflict of laws rules, and the competent courts of the India of operation shall have sole and exclusive jurisdiction over any dispute under this Agreement. If any action is brought by either party to this Agreement against the other party regarding the subject matter hereof, the prevailing party shall be entitled to recover, in addition to any other relief granted, reasonable attorney fees and expenses of litigation.

Miscellaneous.

Should any term of this Agreement be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof. This Agreement represents the entire agreement between you and Payin.in with respect to the subject matter hereof and they supersede any prior proposal, representation, or understanding between the parties. All provisions of these Terms which by their subject matter should survive termination shall survive termination including suspension of your m-account and/or rights to use the Services or any part thereof, including without limitation provisions pertaining to ownership, intellectual property, warranty and liability. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.

Force Majeure

Any event which is beyond the control of either party (i.e. prevents, impedes or delays a party's performance of its obligations") by reference to a non-exhaustive list of events (usually including natural events or acts of God (fire, flood, hurricane, earthquake etc.), war, political revolt, embargo, riot, events of terrorism, industrial action and acts of government, which are outside the control, Any party affected by such event shall forthwith inform the other Party and shall use all reasonable efforts to abide by with the terms and conditions of any agreement contained herein.

Head Office Address :
Payin Utilities & Services Pvt . Ltd.
M-46, First Floor
Old DLF Colony, sec-14
sec-14, Gurgaon Haryana 122002
Phone: 0124-4317500
E-mail: info@payin.in.

Grievance Redressal

In compliance with Information Technology Act, 2000 and the rules made there under, the Grievance Officer of Payin.in for the purpose of this Agreement shall be:

Email address: support@payin.in

Contact details 91-129- 2412255/56

Payin.in may change the aforesaid details from time to time under intimation to you.