|S. No||Request||Terms and Conditions|
This document lays out the Terms and Conditions (“Terms”) which shall be applicable to all the accounts of any nature (Current/Saving/Wallet or any other product launched by the Bank from time to time and all applicable features and services offered on the account) which are existing or may be maintained anytime in future with the Bank. The words, “I”, “me”, “my”, “him”, “his”, “you” and “Customer” refer to the person(s) who open the account and shall include both singular and plural. Reference to masculine shall include the feminine and third gender.
These Terms may be read as a stand-alone document or be read with other such documents as may apply to a particular account/ service/ situation/ circumstance/ transaction. The Customer acknowledges and agrees that the Bank may at its sole discretion add to, modify or amend the Terms (including the Charges) from time to time and such changes shall be communicated to the Customer. The Terms shall be available at the Bank branches and on the Bank’s website application. The Bank may publish notices of general nature which are applicable to the Customers on its website or on its notice board, or on the Customer’s email address or in any other mode as may be decided by the Bank. Such notices would have the same effect as a notice served individually to each Customer. The Customer shall be given a period of 15 days from the issue of the notice, within which the Customer shall have to right to close the Account or discontinue availing of the services, failing which he shall be deemed to have accepted the change from the effective date mentioned in the notice. The Customer agrees that the opening and maintenance of the Account and availing of the Services is subject to the rules and regulations introduced or amended from time to time by the Reserve Bank of India. In the event that any provision of these Terms is held to be in violation of any applicable Law or if for any reason a court of competent jurisdiction finds any provision of these Terms or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms, and the remainder of these Terms shall continue in full force and effect.
In these Terms of Service (Terms & Conditions), unless the context indicates otherwise, the following words and phrases shall have the meanings indicated against them:
‘Bank’ refers ‘Fino Payments Bank Limited’, a company incorporated under the Companies Act, 2013 and licensed as a bank under the Banking Regulation Act, 1949 and having its registered office at 2nd Floor, Shree Sawan Knowledge Park, MIDC Turbhe, Navi Mumbai.
‘Internet Banking’ or ‘Net Banking’ means Internet Banking facility offered by the Bank.
‘WebSite’or ‘Site’means https://netbanking.finobank.com
‘Security Images’ refer to validation of unique color and monuments set by customer from various options shown
‘Internet Banking Services’or ‘Net Banking Services’are the internet banking services offered by Fino Payments Bank to the User including services such as access to account information, products and service (Fund Transfer, Recharge & Bill Payments, Address & Email Update, Debit Card Hot-listing) offered by the Bank through which a registered Customer may conduct enquiries or perform transactions on the Banks website and other services (including Transaction of financial and non-financial in nature) as advised by the Bank from time to time through internet. The availability/non-availability of a particular service shall be communicated to the User through email, web page of theBank or in writing as may be deemed fit by the Bank. Such Internet Banking may be provided Bank directly or through its associates or contracted service providers, if any.
‘User’refers to a customer of the Bank authorized to use Net Banking Services. In case of the customer being a minor, the guardian of such minor shall be permitted to use Net Banking upon accepting these Terms and will be considered as a ‘User’.
‘Unauthorized Use’ means usage of Net Banking which is not in accordance with the Terms.
‘Confidential Information’ refers to the information obtained by the customer through the Bank for availing various services through Fino Net Banking.
‘Personal Information’ refers to the information about the User obtained by the Bank in connection with the Net Banking Service.
‘Account’ refers to the User’s Savings and/or Current Account and/or Wallet Account (Minimum KYC or Full KYC) as designated by the Bank to be eligible account(s) for the operations through the use of Fino Net Banking.
‘Future Accounts’ refers to the event of future accounts opened by the User under the same CIF, then the Terms of Service (Terms & Conditions) shall automatically apply to such further use of the Net Banking by the User.
‘Accounts in the name of Minors’ In case of accounts opened for and on behalf of minors, the natural guardian shall undertake to give all instructions relating to the operation of the account and further undertake not to reveal the Customer ID or Registered Mobile Number and MPIN to the minor, which if done so, will be at the risk and consequences of the guardian and the Bank shall not be liable for any loss on that account in case the account is operated by the minor. In such an event the transaction will be deemed to have been undertaken by the guardian.
‘Third party product’ refers to any product and/or service of third party which is offered by or through the intermediary of the Bank.
‘Customer’ refers to Customer of the Bank named in the Account opening Form and shall, where the context requires, include any authorized representative of the Customer.
‘Instruction’ means any request or instruction that is received from the customer by the Bank through Net Banking services.
The User shall ensure that Net Banking or any related service is not used for any purpose which is illegal, improper or which is not authorized under these Terms.
APPLICABILITY OF TERMS
These Terms mentioned herein form the contract between the User using the Net Banking services and the Bank. By applying for Net Banking Services and accessing the service the User acknowledges and accepts these Terms of Service (Terms & Conditions). Any conditions relating to the accounts of Customer other than these Terms will continue to apply except that in the event of any conflict between these Terms and the account conditions, these Terms will continue to prevail. The agreement shall remain valid until it is replaced by another agreement or terminated by either party or account is closed, whichever is earlier. These Terms will be in addition to and not in derogation of the terms and conditions relating to any Account(s) of the User and/or to those relating to services/facilities offered by Bank and availed by the User. The User agrees that in the event the User avails of any services/ facilities offered by the Bank through the Website, the User shall be bound by all the terms and conditions stipulated by the Bank pertaining to such services/facilities, offered by the Bank and availed by the User through the Website.
APPLICATION FOR NET BANKING SERVICES
The User expressly agrees and acknowledges that in the event the User chooses to apply for a facility provided by the Bank on Net Banking, he/she may do so, by submitting the required facility documents online in the manner specified by the Bank, unless specifically required by the Bank to be submitted in physical form only/ also. In the event such facility is sanctioned by the Bank to the User, the User expressly agrees and acknowledges to have read and understood the terms and conditions that govern such facility and be bound by such terms and conditions at all times during the tenure of the facility, and as may be amended by the Bank from time to time. Further, the User agrees and undertakes to sign such other documents.
CUSTOMER ID &MPIN
The User accepts and unconditionally agrees to the following:
The User agrees and acknowledges that BANK shall in no way be held responsible or liable if the User incurs any loss as a result of compromise of Customer ID / Registered Mobile Number and MPIN by the User himself or User has failed to follow the Net Banking Service instructions as published by the BANK on the site from time to time. User agrees to fully indemnify and hold harmless BANK in respect of the same.
The Internet is susceptible to various cyber-crimes like phishing, vishing (Voice phishing), SMSing (phishing through SMS), compromise of User’s system security etc., that could affect Payment Instructions/ other instructions to the Bank. Whilst the Bank shall endeavor to protect the interest of the customers, there cannot be any guarantee from such cyber-crimes and other actions that could affect Payment Instructions/ other instructions to the Bank including but not limited to delay or failure in processing the instructions. The User shall separately evaluate all such risks and the Bank shall not be held responsible for the losses arising out of such cyber-crimes. The User understand that doing a NetBanking transaction at a Cybercafe/shared computer terminal is risky and shall avoid using the services of a Cybercafe/shared computer terminal to do any NetBanking transactions.
The filling in of applicable data for transfer of funds or Bill Payments/ Recharge would require proper, accurate and complete details.
For instance, the customer is aware that:
-he/she would be required to fill in the correct account number of the person to whom the funds are to be transferred.
-he/she would be required to fill in the correct details such as the biller details, mobile number etc.
In the event of any inaccuracy in this regard, the funds could be transferred to incorrect accounts or the Bill Payments/ Recharge could be made to wrong beneficiary and there is no guarantee of recovery of the same thereafter. The User shall therefore take all care to ensure that there are no mistakes and errors and that the information given by him/her to the Bank in this regard is error free, accurate, proper and complete at all points of time. The User indemnifies the Bank from any loss due to an error on his/her part. As per RBI instructions credit will be effected based solely on the beneficiary account number information and the beneficiary name particulars will not be used there for.
On the other hand in the event of the User’s account receiving an erroneous credit by reason of a mistake committed by some other person or for any other reason, the Bank shall be entitled to reverse the erroneous credit at any time whatsoever without his/her consent. The User shall be liable and responsible to the Bank and accede to accept the Bank's instructions without questions for any unfair or unjust gain obtained by him/her as a result of the same.
The User shall not use or attempt to use Net Banking Services for funds transfer without sufficient funds in the relative Net Banking Services account. The Bank will endeavor to effect such funds transfer transactions received through Net Banking Services provided there are sufficient funds available in the User’s account. The Bank shall not be liable for any omission to make all or any of the payments or for late payments due to circumstances beyond the control of the Bank.
The User accepts that he/she will be responsible for keying in the correct account number/other particulars of the beneficiary for the funds transfer request. In no case, the Bank will be held liable for any erroneous transactions incurred arising out of or relating to the User entering wrong/incorrect/incomplete account number, information of the beneficiary and/or any other particulars.
If funds transfer is made available to the User, it may be used for transfer of funds between Users own accounts and/or from User account to accounts belonging to third parties maintained at the Bank and/or at other Banks. In the event, such transfer of funds is to accounts belonging to third parties maintained at any other Bank, which falls under the network of Reserve Bank of India’s Electronic Fund Transfer System or Immediate Payments System (IMPS), the same shall be governed by the Terms of Service (Terms & Conditions) applicable to National Electronic Fund Transfer (“NEFT”) and IMPS of the Reserve Bank of India or National Payments Corporation of India (NPCI) as provided in the Site as well as corporate website of the Bank (www.finobank.com).
BILL PAYMENTS / RECHARGE
The User agrees and accepts the net Banking services as provided by the Bank at his/her requests to carry out his/her bill payments through Net Banking services of the Bank as made available to him/her from time to time. The User has to provide correct identification details as registered with the biller. In case of any change in the identification details, it is the User’s responsibility to register the changes immediately. Any dispute on bill details will be settled directly by the User with the Biller and the Bank’s responsibility is limited to provision of information only. The User shall make payments at least fewworking days prior to the due date of the bill. The User further agrees that it shall solely be the User’s responsibility to make payments at least few working days prior to the due date of the bill. In the event of late payment, the User shall be liable for late payment charges and other consequence as may be enforced by the Biller. The User has no objection whatsoever to the billing company providing his/her billing details to the Bank. All disputes such as excess billing, disconnection of service or facility, wrong credit or debit by the Bank, shall be resolved by the User only, and the Bank shall in no way be responsible for the same.
The User unconditionally agrees that he/she shall not hold the Bank liable for:
The User agrees that the record of instructions given and transactions with the Bank shall be conclusive proof and binding for all purposes and can be used as evidence in any proceedings.
The User is aware that the Bank may from time to time impose maximum and minimum limits including daily limits on transfer of funds that may be transferred. The User acknowledges that the same is to reduce the risks on him/her. For instance, the Bank may impose transaction restrictions within particular periods or amount restrictions within a particular period or even each transaction limits. The User shall be bound by such limits imposed and shall strictly comply with them. The Bank shall put an appropriate message on the relevant page or the website.
TECHNOLOGY RISK & MAINTENANCE
The site of the Bank may require maintenance and during such time it may not be possible to process the request of the Customers for transactions. This could result in delays and/or failure in the processing of instructions. The User understands that the Bank disclaims all and any liability, whether direct or indirect, whether arising out of loss or otherwise arising out of any failure or inability by the Bank during the period of maintenance to honor any customer instruction for whatsoever reason.
SET OFF AND LIEN RIGHTS
The Bank shall have the right of set off and lien, irrespective of any other lien or charge, present as well as future, on the account(s) held by User(s) or in any other account, whether in single name or joint names to the extent of all outstanding dues, whatsoever arising as a result of the Net Banking services extended to and/or used by the User.
AUTHORITY TO THE BANK
The User irrevocably and unconditionally authorizes Fino Payments Bank to access all his Account(s) for effecting banking or other transactions performed by the User through the Net Banking. The instructions of the User shall be effected only when such instruction is in accordance with the prescribed procedure.
Bank shall have no obligation to verify the authenticity of any transaction / instruction received or purported to have been received from the User through Net Banking or purporting to have been sent by the User other than by means of verification of the Net Banking Mobile Number or Customer ID & MPIN
All outputs of statements are duplicate statements of account and will be prepared by electronic means and the information contained therein will be extracted from a computerized Back up system maintained by the Bank. While the Bank will take all reasonable steps to ensure the accuracy of the statement, the Bank is not liable for any error. The User shall hold the Bank harmless against any loss, damages, etc. that may be incurred/ suffered by the User if the information contained in the above said outputs turns out to be inaccurate/ incorrect.The Bank’s own records of transactions maintained through computer systems or otherwise shall be accepted as conclusive and binding for all purposes. All the records of the Bank generated by the transactions arising out of the use of the Net Banking, including the time the transaction recorded shall be conclusive proof of the genuineness and accuracy of the transaction. While the Bank shall endeavor to carry out the instructions promptly, they shall not be responsible for any delay in carrying on the instructions due to any reason whatsoever, including due to failure of operational systems or any requirement of law. All transactions arising from the use of Net Banking Services to operate a joint account, shall be binding on all the joint account holders , jointly and severally, notwithstanding that one amongst such joint account holders only operates the accounts through Net Banking Services.
The Bank may at any time without giving notice or reasons, suspend or terminate all or any of the Net Banking services or their use by the User.
DISCLOSURE OF PERSONAL INFORMATION
The User agrees that the Bank or its contractors may hold and process his Personal Information on computer or otherwise in connection with the Bank’s Net Banking services as well as for statistical analysis and credit scoring. Bank accepts no liability for the consequences arising out of erroneous information supplied by the User. If the User notices an error in the information supplied to the Bank either in the application form or any other communication, he shall immediately advise Bank which will endeavor to correct the error wherever possible on a "reasonable efforts" basis. The User also agrees that the Bank may disclose, in strict confidence, to other institutions, such personal information as may be reasonably necessary for reasons inclusive of, but not limited to, the following:
INFORMATION ON SITE
The information provided to the User through the Net Banking is not updated continuously but at regular intervals. Consequently, any information supplied to the User through Net Banking will pertain to the date and time when it was last updated and not as the date and time when it is supplied to the User. Bank shall not be liable for any loss that the User may suffer by relying on or acting on such information. Bank may keep its records of the transactions in any form it wishes. In the event of any dispute, Bank's records shall be binding as the conclusive evidence of the transactions carried out through Net Banking in the absence of clear proof that Bank's records are erroneous or incomplete.
LIABILITY OF THE USER
The User shall be liable for:
LIMITATIONS AND LIABILITIES OF THE BANK
Notwithstanding anything to the contrary the Bank each of their directors, officers, employees, associates, agents, and representatives shall in no event is liable to the Customer or any other personor any third party for:
The User agrees to indemnify, hold harmless and defend Bank and its affiliates against any loss and damages that may be caused from or relating to:
THIRD PARTY LINKS
The Site may provide hyperlinks to websites not controlled by Fino Payments Bank and such hyperlinks do not imply any endorsement, agreement on, or support of the content, products and /or services of such websites. Fino Payments Bank doesn’t editorially control the content, products and /or services on such websites and shall not be liable, in any nature whatsoever, for the access to, or the inability to access to, or the use, inability to use or content available on or through such websites.
TERMINATION OF NET BANKING SERVICES
The User may request for termination of the Net Banking Services facility any time by giving a written notice. The User will remain responsible for transactions made on his/her account(s) prior to the time of such cancellation of the Net Banking Services.
The Bank may at its sole discretion, at any time without giving notice or reasons suspend or terminate all or any of the Net Banking services offered by the Bank or there use by the User including for reasons such as:
Notices under these Terms of Service (Terms & Conditions) to the customer may be given through any medium of communication as may be deemed appropriate by the Bank i.e. Bank’s website (www.finobank.com / https://netbanking.finobank.com) or email, sms, public notification at Branches, or through newspapers, radio, TV etc. Such notices will have the same effect as a notice served individually to each customer.
The Bank shall not be liable for delay in performing or failure to perform any of its obligations under these Terms of Service (Terms & Conditions) which is caused by circumstances beyond its reasonable control, including, but not limited to, the failure, malfunction or unavailability of telecommunications, data communications and computer systems and services, natural calamities, war, civil unrest, government action, strikes, lock-outs or other industrial action or trade disputes (whether involving the Bank’s employees or those of a third party). Any delay or failure of this kind will not be deemed to be a breach of the Terms of Service (Terms & Conditions) and the time for performance of the affected obligation will be extended by a period which is reasonable in the circumstances.
The grant of facility of Net Banking to a User is not transferable under any circumstance and shall be used only by the User.
DISCLAIMER ON ANTI VIRUS UPDATE
The User needs to get his PCs/laptops scanned on a regular basis and be updated with the latest antivirus software available. The Bank shall not be responsible in case of any data loss or theft due to the virus transmitted in the system through the usage of Net Banking.
CHANGE OF TERMS AND CONDITIONS
The Bank has the absolute discretion to amend or supplement any of the terms at any time The Bank may introduce new services within Net Banking from time to time. The existence and availability of the new functions will be notified to the User as and when they become available. By using these new services, the User agrees to be bound by the terms and conditions as applicable and set forth from time to time on the website www.finobank.com
FPB is only a reseller of digital products. FPB does not provide mobile operator services and is only a reseller of prepaid mobile recharge services which are ultimately provided by telecommunications service providers (hereafter Telco or Telcos) or by other distributors or aggregators of such Telcos. FPB is not a warrantor, insurer, or guarantor of the services to be provided by the Telcos. Prepaid mobile recharge sold by FPB to you is sold without recourse against FPB for any breach of contract by the Telcos. Any disputes regarding the quality, minutes provided, cost, expiration, or other terms of the mobile prepaid recharge purchased must be handled directly between you (or the recipient of the recharge) and the Telco. The terms and conditions set out in this section are applicable, mutatis mutandis, to other prepaid recharge products available on the FPB Platform including prepaid recharges in relation to DTH, data card as well as to other prepaid recharge products that may be offered on the FPB Platform. FPB will not be responsible for any failure on the part of any of its recharge partners in effecting a recharge.
In using the bill payment service, you agree to:
FPB 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:
|S. No||Service Request||Draft Terms and Conditions|
The customer understands that his/her Aadhaar number is linked with account and voluntarily gives his/her consent to:
Fino to Fino money transfer
Debit Card issuance
Debit Card cancellation
Debit Card Hotlisting
Standing Instruction Setup
Standing Instruction Cancellation
Email Indemnity Registration
Adhoc Statement Request
Mobile Number Change
Doorstep Banking Registration
Please read the following terms and conditions carefully before registering, accessing, browsing, downloading or using the Application (defined below). By accessing or using the Application 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 Application 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 BPAY. All services are rendered by BPAY hence all the rights, benefits, liabilities & obligations under the following terms & conditions shall accrue to the benefit of BPAY. (together with its subsidiaries and other affiliates, “us”, “We” or “BPAY”), regarding your use of our prepaid mobile/DTH recharge purchasing services to purchase prepaid mobile/DTH recharge (known as “Recharge”) or Services regarding Semi Closed Wallet 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. BPAY 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 “Application” may introduce.
The services are not available to persons under the age of 18 or to anyone previously suspended or removed from the services by BPAY. By accepting these Terms & Conditions or by otherwise using the Services or the Application, 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.
We are a Reseller Only. BPAY 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. BPAY 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.
In order to use the Service, you may need to obtain access to the internet, 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. BPAY and/or the BPAY 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 BPAY Application or over the BPAY business partner channel through which you are availing the Service. You are bound by such revisions and should therefore visit the BPAY Application or check with the BPAY 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, BPAY 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 BPAY. These charges shall be charged on to your designated Payment Account or in any other manner as may be decided by BPAY. BPAY offers a convenient and secure way to make payments towards identified Biller(s) using a valid Payment Account. Depending upon the BPAY 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 BPAY business partner or the channel over which the Service is being availed. From time to time, BPAY, 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 fees/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 BPAY 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:
BPAY 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:
In case the bill payment is not effected for any reason, you will be intimated about the failed payment by an e-mail
BPAY 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:
BPAY 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:
The limits on the value of fund tranfer transaction from BPay Full KYC wallet is as follows:
|Per Txn Limit||Daily Limits||Monthly Limit(For Registered Beneficiaries)|
Use of Application
You understand that except for information, products or services clearly indicated as being supplied by the BPAY, we do not operate, control, or endorse any information, products or services on the Internet in anyway. You also understand that BPAY cannot and does not guarantee or warrant that files available for downloading through the Application 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.
By using the Services you agree not to:
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. BPAY 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 Application, 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. BPAY 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 BPAY Wallet to transfer the money from your BPAY Wallet back to source. It will take few 1-2 days for the money to show in your bank account depending on your bank’s policy.
Termination; Agreement Violations
You agree that BPAY, 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. BPAY 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 BPAY 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 BPAY 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 BPAY 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 Application or any reference Application, or (iii) your use or inability to use the services, the Application (including any and all materials) or any reference Applications, even if BPAY or a BPAY authorized representative has been advised of the possibility of such damages. In no event will BPAY 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 Application (including any and all Materials) or any Reference Applications, or (iv) any other interactions with BPAY, 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 Application giving rise to the cause of action or One Thousand Rupees (Rs.1000), whichever is less. You acknowledge and agree that BPAY has offered its products and 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 BPAY, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and BPAY. BPAY 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, BPAY’s liability will be limited to the fullest extent permitted by applicable law. This paragraph shall survive termination of this Agreement.
You agree to indemnify, save, and hold BPAY, 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 Application, any violation by you of this Agreement, or any breach of the representations, warranties, and covenants made by you herein. BPAY reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify BPAY, including rights to settle, and you agree to cooperate with BPAY’s defense and settlement of these claims. BPAY 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.
Ownership; Proprietary Rights
The Services and the Application are owned and operated by BPAY and/or third party licensors. 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 and the Application provided by BPAY (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 BPAY, all Materials, trademarks, service marks, and trade names contained on the Application are the property of BPAY and/or third party licensors or suppliers. You agree not to remove, obscure, or alter BPAY 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 BPAY, 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. BPAY reserves all rights not expressly granted in this Agreement. If you have comments regarding the Services and the Application or ideas on how to improve it, please contact customer service. Please note that by doing so, you hereby irrevocably assign to BPAY, and shall assign to BPAY, 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
BPAY reserves the right to change, modify, add, or remove portions of this Agreement (each, a “change”) at any time by posting notification to the Application 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, BPAY may be required under applicable law to give you advance notice, and BPAY will comply with such requirements.
BPAY may provide you with notices and communications by email, regular mail or postings on the Application or by any other reasonable means. Except as otherwise set forth herein, notice to BPAY must be sent by courier or registered mail to Fino Payments Bank, Shree Sawan Knowledge park, 2nd Floor, D-507,TTC Industrial area, MIDC Turbhe,, Navi Mumbai Maharashtra 400705.
The failure of BPAY 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 BPAY.
BPAY 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 Mumbai, 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 Mumbai, India, necessary to protect the rights or the property of you or BPAY (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 BPAY must be resolved by a court located in Navi Mumbai, India. You agree to submit to the personal jurisdiction of the courts located within Navi Mumbai, 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.
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.
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.
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.
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.
This is the entire agreement between you and BPAY 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 BPAY in accordance with the terms of this Agreement.
SEMI CLOSED WALLET
This charge is on the total amount being deducted and not on the amount being transferred.
Eligibility and Registration to Use the Services
Compliance with Law
Choice of Law and Dispute Resolution
The customer can log the complaints through the following co-ordinates:-
UNIFIED PAYMENTS INTERFACE (UPI) TERMS AND CONDITIONS
These terms and conditions (“Terms”) apply to and regulate the provision of UPI fund transfer and fund collection facility provided by Fino Payments Bank Limited (FINO PAYMENTS Bank”). FINO PAYMENTS Bank shall endeavor to provide to the Customer(s), UPI Facility in accordance with the UPI guidelines, circulars and/or regulations issued by the Reserve Bank of India (“RBI”) and/or National Payments Corporation of India (“NPCI”) from time to time (“Guidelines”) subject to the terms and conditions herein specified. By using the UPI, Customer(s) hereby agrees to the terms & conditions which forms the contract between the Customer(s) and FINO PAYMENTS Bank for availing such facility.
Before usage of the UPI, Customer(s) are advised to carefully read and understand these Terms and Conditions. Usage of the Unified Payment Interface by the Customer(s) shall be construed as deemed acceptance of these Terms and Conditions mentioned herein below.
In this document the following words and phrases have the meanings set opposite them unless the context indicates otherwise:
"Account(s)" refers to the resident Indian savings and /or current bank account(s) held and maintained with FINO PAYMENTS Bank or resident savings and/or current account held with any bank in India, to be used for operations through the UPI Facility.
"Customer(s)" means the applicant/remitter availing the UPI Facility through his/her Account(s) and registered with FINO PAYMENTS Bank’s UPI Application.
“Merchant/s” shall mean and include online, mobile-app based and offline merchants who provides goods and services in exchange for payment through UPI.
“NCPI” shall mean National Payments Corporation of India, a company incorporated in India under Section 25 of the Companies Act, 1956 and having its registered office at 1001A, B wing 10th Floor, The Capital, Plot 70, Block G, Bandra- Kurla Complex, Bandra (East), Mumbai – 400 051, and acting as the settlement, clearing house, regulating agency for UPI system with the core objective of consolidating and integrating the multiple payment systems with varying service levels into nation-wide uniform and standard business process for all retail payment systems;
“NPCI UPI System” means the switch and related equipment and software owned by NPCI to provide the UPI based fund transfer and funds collection facility including the National Financial Switch;
"Payment Order" means an unconditional instruction issued by the Customer transmitted electronically to FINO PAYMENTS Bank either through FINO PAYMENTS Bank’s internet banking facility or mobile bankingprovided by FINO PAYMENTS Bank to effect a fund transfer for a certain sum of money expressed in Indian rupees, to the designated account of a designated beneficiary by debiting Account(s) of the Customer.
“PSP (Payment Service Provider)” refers to banks which are allowed to acquire Customers and provide payment (credit/debit) services to Customers.
“UPI” refers to the Unified Payments Interface Service offered by NPCI in collaboration with its member banks.
"UPI Facility" means the Unified Payments Interface Service based electronic fund transfer and fund collection facility provided by FINO PAYMENTS Bank to its Customers through the NPCI UPI System as per the Guidelines.
As a PSP, FINO PAYMENTS Bank will provide a mobile application to the customers which will use the NPCI UPI libraries for facilitating payments (Send & Collect Money). The PSP mobile application can be used by FINO PAYMENTS Bank’s customers or other bank’s customers to transact on their bank account after a one-time registration process.
Words or expressions used in this form, but not specifically defined herein shall have the respective meanings assigned to them by NPCI.
Applicability of Terms and Conditions
Each Customer desirous of availing the UPI Facility shall by way of a one-time registration, in such form, manner and substance as FINO PAYMENTS Bank may prescribe, apply for UPI Facility and FINO PAYMENTS Bank shall be entitled, at its sole discretion, to accept or reject such applications. The Customer may apply for UPI Facility by downloading “BPay” application. On BPay, Customer will have an option to set a virtual payment address and start transaction via UPI. In BPay, if Customer is adding an FINO PAYMENTS Bank account, it will have an option to set a virtual payment address for that account and start transacting using UPI. Customer can link other bank accounts through a one-time registration process defined and standardized by NPCI and then start transacting on that. By applying for and accessing the UPI Facility, Customer accepts these Terms and Conditions, which shall govern the provision of the UPI Facility by FINO PAYMENTS Bank. The Terms and Conditions shall be in addition to and not in derogation of the Guidelines issued by NCPI and/ or the Company from time to time.
The Customer hereby acknowledges that the Customer has read and understood the Guidelines and agrees that the rights and obligations provided therein and in these Terms in so far as it relates to the Customer shall be binding on the Customer with regard to every Payment Order issued by him/it for execution in the NPCI UPI System. The Customer understands and agrees that nothing in terms of availing the UPI Facility shall be construed as creating any contractual or other rights against NPCI or any participant in the NPCI UPI System other than FINO PAYMENTS Bank. Notwithstanding anything contained herein, all terms and conditions stipulated by FINO PAYMENTS Bank in connection with the Accounts shall continue to apply.
Scope of the UPI Facility
UPI Facility offers an instant, 24X7, interbank electronic fund transfer or fund collection service to the customers of UPI member banks (Banks who provide UPI facility to their customers). The Customers can put in request for fund transfers or funds collection or respond to funds collection from BPay in a secure manner for any of their linked bank Accounts. As a PSP, FINO PAYMENTS Bank will provide a mobile application to the customers which will use the NPCI UPI libraries facilitating payments. The PSP mobile application can be used by Customer(s) to transact on Account(s) after a one-time registration process. The Customer is responsible for the correctness of information supplied to FINO PAYMENTS Bank through the use of or through any other means such as electronic mail or written communication. FINO PAYMENTS Bank does not accept any liability for the consequences arising out of erroneous information supplied by the Customer.
Rights and Obligations of the Customer
(i) The Customer shall be entitled, subject to other terms and conditions of the service, to issue Payment Orders for execution by FINO PAYMENTS Bank.
(ii) The Payment Order shall be issued by the Customer, in the form as prescribed by FINO PAYMENTS Bank, which is complete in all particulars. The Customer shall be responsible for the accuracy of the particulars given in the Payment Order for UPI Facility and shall be liable to compensate FINO PAYMENTS Bank for any loss arising on account of any error in the Payment Order.
(iii) The Customer shall be bound by any Payment Order executed by FINO PAYMENTS Bank, if FINO PAYMENTS Bank has executed the Payment Order in good faith and in compliance with the instructions given by the Customer.
(iv) The Customer authorizes FINO PAYMENTS Bank to act as a PSP and shall debit the Account(s) as per the instructions received by way of Payment Orders. The Customer understands that although multiple bank accounts can be linked with the UPI Facility, debit/credit transactions can be done from the default account. Customer may change the default account before initiating such debit/credit transactions. Each Account that may be linked with the UPI facility can be opened with a separate username.
(v)The Customer shall ensure availability of funds in his Account(s) towards the fulfillment of the Payment Order before/at the time of the execution of the Payment Order by FINO PAYMENTS Bank. The Customer hereby authorizes FINO PAYMENTS Bank to debit the Account(s) of the Customer for any liability incurred by FINO PAYMENTS Bank on behalf of the Customer for execution of the instruction issued by the Customer. The Customer understands and agrees that once a fund collection request is accepted, the default account will automatically be credited with such amounts as may be mentioned in the fund collection request. The Customer understands and agrees that such amounts once credited to default account cannot be reversed by the Customer.
(vi) The Customer agrees that the Payment Order shall become irrevocable after it is executed by FINO PAYMENTS Bank.
(vii) The Customer agrees that he shall not be entitled to make any claim against FINO PAYMENTS Bank, RBI and/or NPCI in respect to the UPI Facility.
(viii) The Customer agrees that in the event of any delay in the completion of the funds transfer or any loss on account of error in the execution of the funds transfer pursuant to a Payment Order or on account of error, negligence or fraud on the part of any employee of FINO PAYMENTS Bank, FINO PAYMENTS Bank's liability shall be limited to the extent of payment of interest at the Call Money Rate as published by the RBI on a daily basis for any period of delay in the case of delayed payment and refund of the amount together with interest at the Call Money Rate (as on the date of the complaint lodged by the Customer) upto the date of refund.
(ix)The Customer shall provide correct, valid and authentic beneficiary details to FINO PAYMENTS Bank at the time of availing the UPI Facility. The Customer shall be solely responsible for entering wrong beneficiary details like incorrect Virtual Payment Address, incorrect Aadhaar number or incorrect mobile number, due to which the fund are transferred to an incorrect beneficiary. Customer shall be solely liable for any damage, claim, issue arising out or in connection with the output of the transaction made after providing such incorrect beneficiary details.
(x) The Customer shall not hold FINO PAYMENTS Bank responsible for any damage, claim, issue arising out or in connection with any purchase of goods/services from merchants through Payment Orders issued by UPI Facility. The Customer understands and agrees that all such losses, damages and issues shall constitute a claim against such merchants only.
(xi) The Customer agrees that the UPI Facility is offered in line with the RBI’s guidelines on mobile banking which are subject to change from time to time.
(xi) Customer shall inform FINO PAYMENTS Bank immediately of any inquiry, question or issue raised by any authority including but not limited to any statutory authority or official regarding and relating to FINO PAYMENTS Bank, as well as expeditiously notify FINO PAYMENTS Bank of any show causes, seizure or similar action and provide copies of any notices, memos, correspondences received from such authority. Customer shall not unilaterally file any response / reply to such an authority without the prior written approval and vetting by FINO PAYMENTS Bank.
(xii) The Customer shall be solely liable for ensuring availability of sufficient funds in the Account(s) at all times for the purpose of availing the Facility. The Customer agrees that in the event there are insufficient funds in the Account, FINO PAYMENTS Bank shall decline the transaction instruction.
Rights and obligations of FINO PAYMENTS Bank
(i) FINO PAYMENTS Bank shall execute a Payment Order issued and duly authorized by the Customer , unless: (a) the funds available in the Account(s) of the Customer are not adequate or funds are not properly applicable/available to comply with the Payment Order (b) the Payment Order is incomplete or it is not issued in the agreed form, (d) FINO PAYMENTS Bank has reason to believe that the Payment Order is issued to carry out an unlawful transaction or (e) the Payment Order cannot be executed under the NPCI UPI System.
(ii) No Payment Order issued by the Customer shall be binding on FINO PAYMENTS Bank until FINO PAYMENTS Bank has accepted it.
(iii) FINO PAYMENTS Bank shall, for execution of every Payment Order, be entitled to debit the designated Account(s) of the Customer, with the amount of the funds to be transferred together with charges payable thereon.
(iv) A duly authenticated record of the transaction after completion of the funds transfer or funds collection or response to a funds collect request will be recorded in the statement of account in the mobile application of FINO PAYMENTS Bank. The transaction will also be recorded in the statement of account of given to the Customer by the Customer’s bank.
(v) FINO PAYMENTS Bank for providing the UPI Facility to the Customer shall follow the process prescribed by NPCI in this regard including but not limited to process for settling of timed out transactions within the time limit prescribed by NPCI.(vi) FINO PAYEMENTS Bank shall, in no circumstances, be held liable to the user for any other bank services.
The Customer is responsible for the accuracy and authenticity of the instructions provided to FINO PAYMENTS Bank and the same, if is in the form and manner prescribed by FINO PAYMENTS Bank, shall be considered to be sufficient to operate the UPI Facility. FINO PAYMENTS Bank shall not be required to independently verify the instructions. FINO PAYMENTS Bank has no liability if it does not or is unable to stop or prevent the implementation of any Payment Order issued by the Customer. Once a Payment Order is issued by the Customer the same cannot be subsequently revoked by the Customer.
FINO PAYMENTS Bank states that it has no liability or obligation to keep a record of the instructions to provide information to the Customer or for verifying the instructions. FINO PAYMENTS Bank shall refuse to comply with the instructions without assigning any reason and shall not be under any duty to assess the prudence or otherwise of any instruction. FINO PAYMENTS Bank has the right to suspend the transactions with respect to the UPI Facility if it has reason to believe that the Customer’s instructions will lead to or expose to direct or indirect loss to FINO PAYMENTS Bank or may require an indemnity from the Customer before continuing to operate the UPI Facility.
All instructions, requests, directives, orders, directions, entered by the Customer, are based upon the Customer’s decisions and are the sole responsibility of the Customer.
Sharing of Information
The Customer irrevocably and unconditionally authorizes FINO PAYMENTS Bank to access all the Customer’s Account(s) and records for the purpose of providing the UPI Facility. The Customer agrees that FINO PAYMENTS Bank and its affiliates (or their contractors) may hold and process its personal information and all other information concerning its Account(s) on computer or otherwise in connection with the UPI Facility as well as for analysis, credit scoring and marketing.
Disclaimer of Liability
FINO PAYMENTS Bank does not hold out any warranty and makes no representation about the quality of the UPI Facility. The Customer agrees and acknowledges that FINO PAYMENTS Bank shall not be liable and shall in no way be held responsible for any damages whatsoever whether such damages are direct, indirect, incidental or consequential and irrespective of whether any claim is based on loss of revenue, interruption of business, transaction carried out by the Customer and processed by FINO PAYMENTS Bank, information provided or disclosed by FINO PAYMENTS Bank regarding Customer’s Account(s) or any loss of any character or nature whatsoever and whether sustained by the Customer or by any other person. While FINO PAYMENTS Bank shall endeavor to promptly execute and process the transactions as proposed to be made by the Customer, FINO PAYMENTS Bank shall not be responsible for any non-response or delay in responding due to any reason whatsoever, including due to failure of operational/technical systems or any requirement of law. FINO PAYMENTS Bank shall not be liable for any loss, claim or damage suffered by the Customer and/or any other third party arising out of or resulting from failure of an UPI transaction on account of time out transaction i.e. where no response is received from NPCI or the beneficiary bank to the transaction request and/or where mobile number or account number of the beneficiary does not exist. Further, FINO PAYMENTS Bank shall also not be liable for any loss, damage and/or claim arising out of or resulting from wrong beneficiary details, mobile number and/or account details being provided by the Customer. Neither FINO PAYMENTS Bank nor its affiliates, directors, officers and/or agents shall be liable for any unauthorized persons accessing the records or Account(s) or information through the use of UPI Facility and the Customer hereby fully indemnifies and holds FINO PAYMENTS Bank, its affiliates, directors and officers harmless against any action, suit, proceeding initiated against it or any loss, cost or damage incurred by it as a result thereof. FINO PAYMENTS Bank shall under, no circumstance, be held liable to the Customer if UPI Facility access is not available in the desired manner for reasons including but not limited to natural calamities, legal restraints, faults in the telecommunication network or network failure, or any other reason beyond the control of FINO PAYMENTS Bank. Illegal or improper use of the UPI Facility shall render the Customer liable for payment of financial charges (to be decided by FINO PAYMENTS Bank) or may result in suspension of the UPI Facility to the Customer. All the records of FINO PAYMENTS Bank generated by the transactions arising out of the use of the UPI Facility, including the time the transaction is recorded shall be conclusive proof of the genuineness and accuracy of the transaction. For the protection of both the parties, and as a tool to correct misunderstandings, the Customer understands, agrees and authorizesFINO PAYMENTS Bank, at its discretion, and without further prior notice to the Customer, to monitor and record any or all telephone conversations between the Customer(s) and FINO PAYMENTS Bank and any of its employees or agents. FINO PAYMENTS Bank expressly disclaims all warranties of any kind, whether express or implied or statutory, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, data accuracy and completeness, and any warranties relating to non-infringement in the UPI Facility.
The Customer agrees, at its own expense, to indemnify, defend and hold harmless FINO PAYMENTS Bank, its directors and employees, representatives, agents, and its affiliates against any claim, suit, action or other proceeding brought against FINO PAYMENTS Bank, its affiliates, directors and employees, representatives or agents by a third party, to the extent that such claim, suit, action of other proceeding based on or arises in connection with the use of the UPI Facility with reference to :
(i)a violation of the UPI Terms and Conditions by the Customer;
(ii) Any deletions, additions, insertions or alterations to, or any unauthorized use of, the UPI Facility by the Customer;
(iii) Any misrepresentation or breach of representation or warranty made by the Customer contained herein;
(iv) Any breach of any covenant or obligation to be performed by the Customer hereunder;
The Customer agrees to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys’ fees and costs awarded against it or otherwise incurred by or in connection with or arising from any such claim, suit, and action or proceeding attributable to any such claim. The Customer hereby agrees that under no circumstances, FINO PAYMENTS Bank’s aggregate liability for claims relating to the UPI Facility, whether for breach or in tort including but not limited to negligence shall be limited to the transaction charges/fees or consideration paid by the Customer within the previous twelve (12) months for the UPI Facility, excluding any amount paid towards transactions.
FINO PAYMENTS Bank shall be entitled to sell, assign, securitize or transfer FINO PAYMENTS Bank’s right and obligations under these Terms and Conditions any security in favor of FINO PAYMENTS Bank (including all guarantee/s) to any person of FINO PAYMENTS Bank’s choice in whole or in part and in such manner and on such terms and conditions as FINO PAYMENTS Bank may decide. Any such sale, assignment, securitization or transfer shall conclusively bind the Customer and all other persons. The Customer, its successors and assignees are bound by these Terms and Conditions. However, the Customer shall not be entitled to transfer or assign any of its rights and obligations under these Terms and Conditions.
FINO PAYMENTS Bank may withdraw or terminate the UPI Facility anytime either entirely or with reference to a specific UPI Facility without assigning any reasons whatsoever. FINO PAYMENTS Bank may suspend or terminate the UPI Facility without prior notice to the Customer(s), if the Customer has breached any of these Terms and Conditions.
The UPI facility may be suspended due to maintenance or repair work or any breakdown in the Network/Hardware/ Software for UPI Facility, any emergency or for security reasons without prior notice and FINO PAYMENTS Bank shall not be responsible for any losses/damages to the Customer(s).
The laws of India shall govern these terms and conditions and/or the operations in the Account(s) maintained with FINO PAYMENTS Bank. Any legal action or proceedings arising out of these Terms shall be brought in the courts or tribunals at Mumbai in India. FINO PAYMENTS Bank may, however, in its absolute discretion commence any legal action or proceedings arising out of these Terms in any other court, tribunal or other appropriate forum, and the Customer hereby agrees and consents to that jurisdiction. The clause headings in this Terms and Conditions are only for convenience and do not affect the meaning of the relative clause. FINO PAYMENTS Bank may sub-contract and employ agents to carry out any of its obligations hereunder. FINO PAYMENTS Bank may transfer or assign its rights and obligations under this contract to any other entity. FINO PAYMENTS Bank has the absolute discretion to amend or supplement any of the Terms and Conditions as stated herein at any time and will endeavor to give prior notice for such changes wherever feasible. By using the new services, the Customer shall be deemed to have accepted the changed terms and conditions. In addition, FINO PAYMENTS Bank may also publish notices of general nature, which are applicable to all Customers on its website at www.finobank.com. Such notices will have the same effect as a notice served individually to each Customer. Any provision of these Terms and Conditions, which is prohibited or unenforceable in any jurisdiction, shall, as to such jurisdiction, be ineffective to the extent of prohibition or unenforceability but shall not invalidate the remaining provisions of these Terms or affect such provision in any other jurisdiction.
These Terms and Conditions apply to and regulate the provision of FASTag facility provided by Fino Payments Bank Limited. These terms and Conditions (the “Terms and Conditions”) shall be in addition to and not in disparagement to any other terms as stipulated by Fino Payments Bank from time to time.
In these Terms and Conditions, unless there is anything repugnant to the subject or context thereof, the following words/ expressions shall have the meaning as stated herein under:
“Bank” shall mean Fino Payments Bank Limited;
“Customer(s)” shall mean the individual or corporates who makes an application for the issuance of, and to whom the FASTag has been issued by Fino Payments Bank subject to terms and conditions as may be specified by Fino Payments Bank, and who is authorized to hold and use the FASTag;
“Customer Care” refers to the customer service facility provided by Fino Payments Bank Limited throughout the day to the Customers
“FASTag” refers to the prepaid FASTag/Tag issued by Fino Payments Bank;
“Fino Wallet Account” or “sub-Wallet” or “FaSTag Wallet” or “Wallet” shall mean the account opened in the name of the Customer and maintained by Fino Payments Bank for the purpose of usage of the FASTag as per the Terms and Conditions contained therein;
“Toll Plaza” shall mean such establishments maintained by the Concessionaire wherever located, whereby users are required to pay the toll amount applicable on vehicle for usage of the National Highway;
“Transaction” shall mean any Tag transaction(s) carried out by the Customer(s) as permitted by these Terms and Conditions, including but not limited to, loading or reloading of funds to the FASTag and balance enquires and/or such other uses as Fino Payments Bank may permit in writing from time to time.