Account Opening Process

• Fino Payments Bank open accounts only through E-Kyc process by obtaining Aadhaar number from customer and can share customer demographic details with regulatory bodies for KYC Verification.
• The account opening formalities are governed by the policies of Fino Payments Bank and may be revised from time to time. It may require customer to submit duly filled application form disclosing details like Permanent Account No. (PAN) or Form 60 from time to time, to the satisfaction of the Bank. The account shall be opened / activated post completion of process and formalities as per the bank's policy.
• The account balance shall not exceed INR 1,00,000/-(Rupees One Lakh) at any given time at customer ID level
• The Bank shall reserve the right to close / temporarily block the Account/CIF of any Customer if:
  • The Customer is violating the AML and PMLA guidelines
  • The Customer does not furnish necessary re-KYC documents when required to do so based on the risk assessment made by the Bank
  • The Customer fails to adhere to any of the terms & conditions of the Bank and / or any of the regulatory requirements.
  • The Bank Account is being used for any unlawful or suspicious activity which is inconsistent with any of the Banking practice.
  • Directions to the effect is received from the law enforcement authorities, regulatory authorities, etc.
• Any transactions undertaken from this account shall be in compliance by all the FEMA rules, regulations or notifications thereunder.
• The account number allotted to customer shall be in debit freeze status to avoid any unauthorized transactions. Transactions will be allowed post activation of account and only after completion of account opening formalities. In case the documents submitted along with the application do not comply with the KYC guideline, the application shall be rejected and Fino Payments Bank will not be liable to pay any interest on the amount of deposit & the amount deposited in the account as initial payment/funding will be refunded to the source account given at time of account opening or by Fino Payments Bank nearest branch post proper identification of customer
• Sufficient balances shall be maintained in the Accounts to facilitate the debiting of applicable Service Charges. All fees/taxes/surcharges/service charges and all other levies related to the Debit Card will be recovered by the Bank by debit to customer’s account.
• Bank shall not be responsible for any type of transaction processed by use of customer Debit Card, whether or not processed with his/her knowledge or authority, express or implied.   Bank's record of transactions are to be accepted as conclusive and binding for all purposes by the customer
• The Bank shall not be obliged to provide overdraft facility on the Said Account
• The email statements are for customer’s convenience. Fino Payments Bank shall not be liable or responsible for any breach of secrecy because the statements are being sent to the registered email ID
• Any changes in Bank’s Terms and Conditions and rules in force will be communicated and made available on the Bank’s website.
• Opening and maintenance of the account is subject to rules and regulations introduced or amended from time to time by the Reserve Bank of India.
• Bank reserves right to be informed for any change in the account status or change of address  failing which customer shall be responsible for any non-receipt of communication/deliverables All instructions relating to his/her account will be issued to the Bank as per acceptable mode of communication to the Bank.
• Bank shall not be liable for any damages, losses (direct or indirect) whatsoever, due to disruption or non-availability of any of services/facilities due to technical fault/error or any failure in telecommunication network or any error in any software or hardware systems beyond the control of the Bank.
• Fino Payments Bank is authorized to exchange, share or part with all the information, data or documents relating to customer application to other Banks / Financial Institutions / Credit Bureaus / Agencies / Statutory Bodies /Tax authorities /Central Information Bureaus/ such other persons.
• Fino Payments Bank shall have the absolute discretion to amend or supplement any of the Terms at any time. Fino Payments Bank may communicate the amended Terms by hosting the same on the Website or in any other manner as decided by Fino Payments Bank. The Customer shall be responsible for regularly reviewing these Terms including amendments thereto as may be posted on the Website.
• Interest is calculated on a daily basis on the daily closing balance in the Account at the rate in force in accordance with Reserve Bank of India directives. Interest will be paid quarterly in March, June, September and December.
  • Doorstep Banking services offered by Fino Payments Bank will be available only within a specified radius of the branch and the Bank has a right to withdraw this service at any point of time without prior notification. Bank would consider acceding to the fund transfers requests of the Customer within or external to the Bank, preferably through immediate payment service (IMPS) and resort to other modes only when IMPS is unavailable on best efforts basis.
• Bank is authorized to use customer biometric authentication as his/her e-signatures for all Bank services.

 

Debit Card Terms & Conditions

• Customer shall be deemed to have unconditionally agreed to and accepted the terms by providing fingerprint authentication, or by providing the One time password (OTP) sent to his/her  mobile number, or by signing on the reverse of the card, or by performing a transaction with the card, or by generating the PIN of the card
• Customer can access cash at ATMs, make payments at merchant establishments, get information about account balance through the use of card at ATMs or any such services specified by Fino Payments Bank from time to time
• The card is valid for use at Rupay enabled ATMs and merchant establishments in India only
• All fees/service charges related to the Debit Card will be recovered by the Bank by debit to customer account
• Customer will be responsible for all types of transactions processed by use of h the  Debit Card, whether or not processed with his/her knowledge or authority, express or implied
•  Bank’s record of transactions will be  conclusive and binding for all purposes.
• Bank allows Customer  to withdraw through the ATMs, the available balance in his/her account or a stipulated predefined limit per day, whichever is lower. This per day limit will be determined by the Bank and may be changed at any time at the Bank's sole discretion without notice to customer. Cash withdrawals will be subject to tax as applicable from time to time
• Bank may offer Customer, under the Card various insurance benefits from time to time  through a tie-up with an insurance company, Bank shall not be responsible for any matter arising out of or in conjunction with such insurance cover, whether for or in respect of any deficiency or defect in such insurance cover, recovery or payment of compensation, processing or settlement of claims or otherwise howsoever, and all such matters shall be addressed to and sorted out directly with the insurance company. The insurance company will be solely liable for settlement of the claim. Further, Fino Payments Bank may at any time (in its sole discretion and without giving any notice thereof to the Cardholder or assigning any reason thereof) suspend, withdraw or cancel the benefit of such insurance cover, and there will be no binding obligation on Fino Payments Bank to continue this benefit.
• Insurance provided along with the debit card can be claimed by nominee of the account holder to which debit card is linked or the legal heir in case of customer accidental death/permanent disability due to accident
• In case of the card being stolen or lost, the card can be hotlisted through any of Fino Payments Bank branch or customer care.
• In case the card is lost or stolen, customer will be liable for all charges incurred on the card until the card is hotlisted/cancelled.
• Bank is to levy any charges in case the account does not have sufficient balance and the debit card is being used at other bank’s ATM.

 

Mobile Banking Terms and Conditions

• Mobile Banking services will be activated by default and customer will be able to access his/her account through mobile banking services provided by Fino Payments Bank
• Mobile Banking Service can be used by the customer only if the application is found in order and the relevant particulars are registered by the Bank and the CSP. The Bank and the CSP shall be at liberty to reject customer application without assigning any reason.
• Mobile Banking PIN and/or Customer ID shall get locked after a number of incorrect attempts, up to such number (at present 3 failed attempts) as may be decided by the Bank from time to time. Customer needs to reset his mPIN and in case of emergency, the Customer ID / mPIN can be unlocked by contacting our call center.

 

Terms & Conditions for Mobile based account opening:

 

Eligibility Criteria:

• Resident Individual (Not for Non Resident Customers)
• Single holding capacity
• Not applicable for Minor Customers (Age <18 years)
• Primary mandatory details

-Aadhaar number

-Mobile Number

• By downloading the app and providing his/her details, customer agrees to the terms and conditions of the Bank as listed in http://www.finobank.com/terms-and-conditions/

• By downloading the app and sharing all information, customer consents to provide his/her name, contact details and other information on and at will basis with Bank.

• Bank shall not be liable for any connectivity/ signal/ data issues leading to non-completion or wrong/false/incomplete information being provided by the customer leading to the incompletion of his/her application/transaction.

• The customer herewith agrees to provide his/ her valid Aadhaar number and valid PAN Card details. He/she understands that opening an account is subject to correct, complete and accurate information is provided.

• Customer agrees that the name in the account will be the customer name as per his/her Aadhaar Card in case OTP validation of Aadhaar is successful or will be as per his/her name mentioned on PAN Card.

• Application once submitted cannot be withdrawn by the customer. Bank shall not be liable to pay for any costs (technical/ data plan related or otherwise) incurred by the customer in the course of the downloading or sharing his/her details on the application.

• The customer herewith agrees to provide the accurate documentation and information as listed in the app for the purpose of account opening. Customer understands and agrees that failure to provide requisite documentation and information shall result in rejection of application by the Bank. The customer agrees that Bank has every right to reject the account opening application, if there is any erroneous, incomplete or misleading information provided by the customer or for any other reason whatsoever with/without assigning any reason or if KYC documents submitted do not comply with the KYC norms of the Bank.

• Bank reserves the right to take necessary action, legal or otherwise, if it finds any willful modification/ withholding of information or misrepresentation by the customer.

• Customers, who would like to deposit funds using the funding facility available in the App, can do so only from their own bank account and not from a Third Party Bank account. Bank shall be at liberty to refuse to open the accounts funded from a Third Party Bank account at its sole discretion.

• Customer understands and agrees that interest on the amount funded online will be paid subject to activation of the account and only from the date when the funds has been credited into the account.

• The customer shall not enjoy the services provided by the bank unless the customer on-boarding process is complete.

• Customer declares and confirms that the Bank shall be entitled to rely on all/any communication, information and details provided on the electronic form and all such communications, information and details shall be final and legally binding on the Customer.

• Customer understands and confirms that the Bank has every right to close or debit freeze the account, if the details provided by him/her are found to be inaccurate, incorrect or false by the Bank or for any other reason whatsoever without assigning any reason thereof. In such an event, the bank shall not be liable to pay any interest on the amount of deposit & the refund of amount deposited in the account will be refunded to the source account. In such an event, bank will retain the documents / Photographs (if any) and any other signed document submitted.

• This application is available for opening a savings account by Resident Indian Individuals only.

• Customer authorizes Bank to link the Aadhaar account provided by them with the savings account opened by them under this process. Customer herewith understands and agrees that this data will be shared with government department and customer might receive direct transfer of subsidies/benefits, subject to this being the primary account number seeded with Aadhaar.

• The Bank reserves the right to cancel the Customer Reference Number (CRN) and Account Number (A/C) allotted to the customer, if the customer does not complete the verification process within the allotted time.

• The Bank reserves the right to hold the accounts in Debit Freeze or close the Account even after account activation in case of any discrepancy found as part of regular monitoring and document verification activities.

• The customer agrees to provide the necessary details (Mobile, Date of Birth etc.,) as per his/her requirement at the time of submission of details through the app. Bank shall not bear any liability for any loss arising out of customer’s failure to do so.

• The customer herewith agrees to be contacted by the bank to receive information in respect of account maintenance, alerts, payments due, updates on existing and new products, servicing of account for sales, marketing or servicing their relationship with Fino Payments Bank, its group companies / associates or agents through Telephone / Mobile / SMS / Email etc. Further he/she understands that the consent to receive calls / communications shall be valid and shall prevail over their current or any subsequent registration of their mobile number for NDNC and shall continue to be treated as customer consent / acceptance.

• The customer authorizes Bank to share his/her mobile number and address with the respective mobile operator to verify customer's address at any point of time.

• The customer herewith agrees that if the application is rejected, Bank will retain the documents / Photographs and any other signed document submitted by the customer on the app or otherwise.

• Customer confirms to have read, understood and will be bound to/ abide by the Terms and Conditions of account opening and the general terms applicable to account as available on Bank’s website at http://www.finobank.com. Once an account is opened, the terms and conditions listed as under shall also apply, as per the product selected by the customer.

T&Cs for Fino Digi Account– for Limited KYC accounts opened through OTP based Aadhaar authentication

 

Declaration:

• The customer hereby gives consent to Fino Payments Bank Limited (“the Bank”) to fetch his/ her personal details from Unique Identification Authority of India (UIDAI), using OTP E-KYC authentication which will be used for KYC purposes like customer’s name, date of birth, gender, address, photograph and contact number. The customer herewith agrees to provide his/ her valid Aadhaar number and valid PAN Card details. The customer herewith confirms that he/she has not used the OTP based Aadhaar (e-KYC) verification to open any other bank account.

• If opened through UIDAI based OTP, it will be a limited KYC account, in which you cannot have a credit balance of more than 1 Lakh. The aggregate of all credits in a financial year, in all the deposit taken together, shall not exceed rupees two lakh unless you upgrade your account by visiting Fino Payments Bank Branch.
• The aggregate of all credits shall not exceed 50,000 per month.
• The customer herewith agrees to complete his full KYC by visiting his nearest Fino Payments Bank branch and providing his biometric details within 12 months of opening such account.
• The customer agrees that failure to complete full KYC within 12 months will lead to his account being closed by the bank. He can proceed to withdraw funds/ use his account for any transaction only upon completion of full KYC.

• In case of account being put under total freeze, the customer agrees that principal amount on such deposits kept along with the interest accrued (if any) will be payable to him only upon completing his full KYC.

• The customer  acknowledges that he/she will not be able to get the following services from the bank:
  • Cash withdrawal
  • FCY – DD(Foreign Currency – Demand Draft)
  • Cheque withdrawal
  • Investment account
  • TD/RD(Term Deposit/Recurring Deposit)
  • TOD(Transfer on Deposit
  • Investment in IPO

• The customer agrees that such an account will be subject to regular scrutiny and monitoring from the Bank and Bank shall reserve the right to completely freeze/debit freeze/ close the account at its sole discretion.

• If Customer fails to provide full KYC for any reason, customer understands and agrees that the Bank reserves right to close the account and customer will have to contact the branch for withdrawing any leftover amount in his/her account.

• The Customer shall indemnify and keep the Bank indemnified against any loss or damage that the Bank may suffer on account of operation in the account, even after the closure of the Account.

 

 

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.

 

DEFINITIONS

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 2^nd 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

 

1. The Bank may offer Net Banking Service to customers at its discretion. The customer would need to be Internet User or have access to the Internet. The eligibility of a User of the facility provided by the Bank shall be decided by the Bank in its sole discretion. The Bank may at its sole discretion reject the application for the facility by the User.The acceptance of the application and the acknowledgement thereof does not automatically imply the acceptance of application for Net Banking Services. The Bank may advise from time to time the Internet software such as Browser, which are required for using Net Banking Services. There will be no obligation on the part of the Bank to support all the versions of this Internet software. The User shall upgrade his software, hardware and the operating systems at his cost from time to time and the Bank shall be under no obligation to support the software, hardware, operating systems of the User and that the same shall be the sole responsibility of the User.

 

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:

 

1. Upon approval of the accountholder's application, the customer will be allotted a Customer ID (ID).
2. On accessing Net Banking for the first time, the User shall register using One Time Password (OTP) received on registered mobile number for Net Banking and set Security Images & 4 digitMPIN. The User is at liberty to change the MPIN as many number of times as possible at his risk and consequences. The User will be solely responsible for maintaining secrecy of the MPIN so changed, and the Bank in no way shall be responsible for the misuse of the said MPIN by any person other than the authorized User.
3. User can use Customer ID or registered mobile number for accessing Net Banking. The Bank does not assume any responsibility in this behalf including against loss incurred by the User as a result of misuse / unauthorized use of Customer ID/ Mobile Number/ Security Images/ MPIN.
4. In case the User forgets the MPIN, User can instantly set new MPIN using Forget MPIN. If user forgets Security Images, he needs to Re-set through BPay App or contact customer care.
5. Net Banking MPIN or Security Images shall get locked after a number of incorrect attempts, up to such number (at present 3 failed attempts) as may be decided by the Bank from time to time. MPIN shall be unlocked through Forget MPIN option in Net Banking whereas Security Images ,  can be Reset through BPay App or contacting customer care.
6. The Bank has the discretion to deactivate User Net Banking rights, if the same has not been used for a period defined by the Bank. Also the Bank has the right to deactivate the Net Banking login of User due to unsatisfactory behavior in the account.

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.

 

CYBER CRIME

 

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.

 

CHARGES

 

1. The Bank reserves the right to charge and recover from the User, charges, if any, fixed for providing services under Net Banking facility. The Bank at its discretion from time to time may specify charges for usage of Net Banking Services and/or additional charges for selected services which is published on the Website of the Fino Payments Bank which is (www.finobank.com) and any further changes in the charges/fees shall also be notified on the above site.

 

2. The User hereby authorizesthe Bank to recover the charges by debiting one of the accounts of the User or by sending a bill to the User who will be liable to make the payment within a specified period. Failure to do so shall result in recovery of the service charges by the Bank in a manner deemed fit along with interest, if any, and / or withdrawal of Net Banking facility without any liability to the Bank.

 

ERRORS

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.

FUND TRANSFER

 

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:

 

1. Such transactions that are carried out on his/her instructions by the Bank in good faith.
2. Not carrying out such instructions where the Bank has reason to believe (which decision of the Bank he/she shall not question/dispute) that the instructions are not genuine or are otherwise unclear, improper, vague or doubtful.
3. Accepting instructions given by any one of the Users in case of joint accounts.
4. For any loss or damage incurred or suffered by him/her due to any error, defect, failure or interruption in the provision of bill payment services arising from or caused by any reason whatsoever.
5. Withdrawing/suspending the facility wholly/partially. However the Bank will endeavor to notify the User through its website or through any legally recognized medium of communication or otherwise as found suitable by the Bank.

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.

 

LIMITS

 

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:

 

• For participation in any telecommunication or electronic clearing network.
• In compliance with a legal directive.
• For credit rating by recognized credit rating / scoring agencies.
• For fraud prevention purposes.

 

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:

1. Non-compliance of Terms of Service (Terms & Conditions) mentioned herein.
2. Any suit, proceedings initiated against the Bank or any loss cost or damages incurred by the Bank.
3. Non-availability of the Net Banking as desired by the User for the reasons including but not limited to the natural calamities, legal restrains, faults in the telecommunication network or network failure, or any other reason beyond the control of the Bank.
4. Illegal or improper use of the Net banking and hence shall be liable to pay Bank for the financial charges as decidedby the Bank.
5. If he/she has breached the Terms of Service (Terms & Conditions) or contributed or caused the loss by negligent actions such as the following:

 

1. In disclosing or failing to take all reasonable steps to prevent disclosure of the MPIN and/or OTP and/or Security Images to anyone including Bank staff and/or failing to advise the Bank of such disclosure within a reasonable time.

 

2. Not advising the Bank within a reasonable time about unauthorized access to or erroneous transactions in the account(s) through the Net Banking Services.

 

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:

 

1. The Bank shall not be liable for any unauthorized transactions in the account(s) through the use of Net Banking Services which can be attributed to the fraudulent or negligent conduct of the User.

 

2. Transfer of funds to the wrong mobile number/recipient/account by the Customer.

 

3. The Customer’s inability to effect or complete any transaction due to system maintenance or breakdown/non-availability of the App/website or any network.

 

4. The Bank shall not be liable to the account holder(s) for any damages whatsoever whether such damages are direct, indirect, incidental, consequential and irrespective of whether any claim is based on investment or any other loss of any character or nature whatsoever and whether sustained by the account holder(s) or any other person, if Net Banking access is not available in the desired manner for reasons including but not limited to natural calamity, fire and other natural disasters, legal restraints ,faults in the telecommunication network or Internet or network failure ,software or hardware error or any other reasons beyond the control of the Bank.

 

5. The Bank shall endeavor to take all possible steps to maintain secrecy and confidentiality of its customer account(s)/information but shall not be liable to the account holder(s) for any damages whatsoever caused on account of breach of secrecy/confidentiality due to reasons beyond the control of the Bank.Bank, for valid reasons, may refuse to execute any instructions placed by the User.

 

6. Any indirect, incidental, special, consequential, punitive or economic loss,expense or damage arising from or in connection with any access, use or theinability to access or use the Bank’s products/services and data/content.
7. reliance on those, howsoever caused and regardless of the form of action of the Third Party.
8. The Bank will in no way be held responsible or liable for delay, failure and/or untimely delivery of SMS OTP and/or SMS Alerts due to but not limited to network congestions, network failure, systems failure or any others reasons beyond the reasonable control of the Bank or its service provider(s).
9. Notwithstanding anything contained herein, where Bank has reason to believe that any transaction or marking of liens, have been fraudulently made (hereinafter referred to as a “suspect transaction”), Bank shall be entitled to withhold payment pertaining to such suspect transaction in accordance with regulatory laws relating to Money Laundering or otherwise. If Bank determines after due enquiry and investigation that the transaction is a valid transaction and not a suspect transaction, Bank shall release such withheld payment subsequently.

 

INDEMNITY

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:

• Breach of representation or anymisrepresentation of Terms of Service (Terms & Conditions) mentioned herein.
• Improper use or misuse of the Net Banking services by the User/customer.
• Violation of the terms by the User.
• Unauthorized use of Net Banking.
• Any claims made by third parties arising from issues related to any failure, delay or interruption of the products and/or services as provided by the Bank’s Net Banking services.
• The use of products/ Net Banking services in any manner which violates the Terms of Service (Terms & Conditions) or otherwise violates any law, rule, conditions or regulation.

 

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.

 

PROPRIETARY RIGHTS

 

1. The User acknowledges that the software underlying the Net Banking service as well as other Internet related software which are required for accessing Net Banking are the legal property of the Bank. The permission given by the Bank to access Net Banking will not convey or confer any proprietary or ownership rights in the above software. The User shall in no way try to alter/ tamper or experiment with the said programme. Any breach on the part of the User will be dealt under the appropriate law and User shall be liable for damages that may be incurred by the Bank.

 

2. The User shall not attempt to modify, translate, disassemble, decompile or reverse engineer the software underlying Net Banking or create any derivative product based on the software.

 

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:

• Breach of these Terms of Service (Terms & Conditions) by the User
• Knowledge or information about the death, bankruptcy or legal incapacity of the User.

 

NOTICES

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.

 

FORCE MAJEURE

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.

 

NON-TRANSFERABILITY

 

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.

 

GOVERNING LAWS

1. These Terms of Service (Terms & Conditions) and/or operations in the accounts of the User maintained by the Bank and/or the use of services provided through Net Banking Services are construed to be governed in accordance with the laws in India. Bank accepts no liability whatsoever, direct or indirect for non-compliance with the laws of any country other than that of India. The mere fact that Net Banking Service can be accessed through Internet by a User from a country other than India shall not be interpreted to imply that the laws of the said countries govern these Terms of Service (Terms & Conditions) and/or the operations in the accounts of the User through Internet and/or the Use of Net Banking Services. The User agrees to abide by prevailing laws in respect of Net Banking Services applicable in India. It is the responsibility of the User to comply with any regulations prevailing in the country from where he/she is accessing the Internet.

 

2. All disputes shall be subject to the jurisdiction of the Courts in Mumbai (India). The Bank however, may, 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 User hereby consents to that jurisdiction.

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.

BillPay

In using the bill payment service, you agree to:

• provide true, accurate, current and complete information about biller details (“Biller Data”)
• If all the details are correct then bill paid amount will be credited in your account within 6 working days
• maintain and promptly update the Payment Data and Biller Data to keep it true, accurate, current and complete at all times.

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:

• If the biller details given by you is/are incomplete, inaccurate, or invalid
• Circumstances beyond the control of FPB (including, but not limited to, fire, flood, natural disasters, bank strikes, power failure, systems failure like computer or telephone lines breakdown due to an unforeseeable cause or interference from an outside force)

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.

Eligibility

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.

RECHARGES

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.

BILL PAYMENTS

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:

• Provide true, accurate, current and complete information about yourself (“Registration Data”), your Payment Account details (“Payment Data”), your Biller details (“Biller Data”) and
• Maintain and promptly update the Registration Data, Payment Data and Biller Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or BPAY has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, BPAY has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). The term biller includes telecom operators.

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:

• If the Payment Instruction(s) issued by you is/are incomplete, inaccurate, invalid and delayed.
• If the Payment Account has insufficient funds/limits to cover for the amount as mentioned in the Payment Instruction(s)
• If the funds available in the Payment Account are under any encumbrance or charge.
• If your Bank or the NCC refuses or delays honoring the Payment Instruction(s)
• If payment is not processed by biller upon receipt.
• Circumstances beyond the control of BPAY (including, but not limited to, fire, flood, natural disasters, bank strikes, power failure, systems failure like computer or telephone lines breakdown due to an unforeseeable cause or interference from an outside force)

In case the bill payment is not effected for any reason, you will be intimated about the failed payment by an e-mail

FUEL/LPG Payments

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:

• If the Payment Instruction(s) issued by you is/are incomplete, inaccurate, invalid and delayed.
• If the Payment Account has insufficient funds/limits to cover for the amount as mentioned in the Payment Instruction(s)
• If the funds available in the Payment Account are under any encumbrance or charge.
• If your Bank or the NCC refuses or delays honoring the Payment Instruction(s)
• If payment is not processed by Merchant
• Circumstances beyond the control of BPAY (including, but not limited to, fire, flood, natural disasters, bank strikes, power failure, systems failure like computer or telephone lines breakdown due to an unforeseeable cause or interference from an outside force)

Merchant Payments

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:

• If the Payment Instruction(s) issued by you is/are incomplete, inaccurate, invalid and delayed.
• If the Payment Account has insufficient funds/limits to cover for the amount as mentioned in the Payment Instruction(s)
• If the funds available in the Payment Account are under any encumbrance or charge.
• If your Bank or the NCC refuses or delays honoring the Payment Instruction(s)
• If payment is not processed by Merchant
• Circumstances beyond the control of BPAY (including, but not limited to, fire, flood, natural disasters, bank strikes, power failure, systems failure like computer or telephone lines breakdown due to an unforeseeable cause or interference from an outside force)

Communication Policy

• By accepting the terms and conditions the customer accepts that BPAY may send the alerts to the mobile phone number provided by the customer while registering for the service or to any such number replaced and informed by the customer. The customer acknowledges that the alerts will be received only if the mobile phone is in ‘On’ mode to receive the SMS. If the mobile phone is in ‘Off’ mode then the customer may not get / get after delay any alerts sent during such period.
• By accepting the terms and conditions the customer accepts the limit on number of Transactions and velocity of Transactions on BPay set by Fino.

           The limits on the value of transaction from BPay is as follows:

Per Txn Limit	Daily Limits	Monthly Limit(For Registered Beneficiaries)
5000	10000	100000

• BPAY will make best efforts to provide the service and it shall be deemed that the customer shall have received the information sent from BPAY as an alert on the mobile phone number provided during the course of ticket booking and BPAY shall not be under any obligation to confirm the authenticity of the person(s) receiving the alert. The customer cannot hold BPAY liable for non-availability of the service in any manner whatsoever.
• The customer acknowledges that the SMS service provided by BPAY is an additional facility provided for the customer’s convenience and that it may be susceptible to error, omission and/ or inaccuracy. In the event the customer observes any error in the information provided in the alert, BPAY shall be immediately informed about the same by the customer and BPAY will make best possible efforts to rectify the error as early as possible. The customer shall not hold BPAY liable for any loss, damages, claim, expense including legal cost that may be incurred/ suffered by the customer on account of the SMS facility.
• The customer acknowledges that the clarity, readability, accuracy, and promptness of providing the service depend on many factors including the infrastructure, connectivity of the service provider. BPAY shall not be responsible for any non-delivery, delayed delivery or distortion of the alert in any way whatsoever.
• The customer agrees to indemnify and hold harmless BPAY and the SMS service provider including its officials from any damages, claims, demands, proceedings, loss, cost, charges and expenses whatsoever including legal charges and attorney fees which BPAY and the SMS service provider may at any time incur, sustain, suffer or be put to as a consequence of or arising out of (i) misuse, improper or fraudulent information provided by the customer, (ii) the customer providing incorrect number or providing a number that belongs to that of an unrelated third party, and/or (iii) the customer receiving any message relating to the reservation number, travel itinerary information, booking confirmation, modification to a ticket, cancellation of ticket, change in bus schedule, delay, and/or rescheduling from BPAY and/or the SMS service provider.
• Customer also agrees to receive information regarding what BPAY perceives to be of their interest based on usage history via SMS, email & phone call. This includes offers, discounts and general information. In case the customer does not want such information, they have to explicitly ask to be excluded.
• By accepting the terms and conditions the customer acknowledges and agrees that BPAY may call the mobile phone number provided by the customer while registering for the service or to any such number replaced and informed by the customer, for the purpose of collecting feedback from the customer regarding their travel, the bus facilities and/or services of the bus operator.
• Grievances and claims related to the bus journey should be reported to BPAY support team within 10 days of your travel date.

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.

Prohibited Conduct

By using the Services you agree not to:

• use the Services for any purposes other than to purchase Recharge of Telcos and/or to access the Services in accordance with these Terms and Conditions and as such services are offered by BPAY
• impersonate any person or entity, falsely claim or otherwise misrepresent an affiliation with any person or entity, or access the accounts of others without permission, forge another persons’ digital signature, misrepresent the source, identity, or content of information transmitted via the Services, perform any other similar fraudulent activity or otherwise purchase Recharge with what we reasonably believe to be potentially fraudulent funds
• infringe our or any third party’s intellectual property rights, rights of publicity or privacy
• use the Services if You are under the age of eighteen (18) without a parental sponsor or in any event use the Services if You are under the age of thirteen (13) years old even with a parental sponsor and in accordance with applicable law
• post or transmit any message which is libelous, defamatory or which discloses private or personal matters concerning any person
• post or transmit any message, data, image or program which is pornographic in nature
• refuse to cooperate in an investigation or provide confirmation of Your identity or any other information You provide to BPAY
• remove, circumvent, disable, damage or otherwise interfere with security-related features of the Services and the Application or features that enforce limitations on the use of the Services
• reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Services or any part thereof, except and only to the extent that such prohibition is expressly prohibited by applicable law notwithstanding this limitation
• use the Services in any manner that could damage, disable, overburden, or impair it, including, without limitation, using the Services in an automated manner
• modify, adapt, translate or create derivative works based upon the Services and the Application or any part thereof, except and only to the extent that such prohibition is expressly prohibited by applicable law notwithstanding this limitation
• intentionally interfere with or damage operation of the Services or any other user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code or file with contaminating or destructive features
• use any robot, spider, other automatic device, or manual process to monitor or copy the Application without prior written permission
• interfere or disrupt this Application or networks connected to this Application
• take any action that imposes an unreasonably or disproportionately large load on our infrastructure/ network
• use any device, software or routine to bypass the Application’s robot exclusion headers, or interfere or attempt to interfere, with the Services
• forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our Application or to manipulate your presence on our Application
• sell the Services, information, or software associated with or derived from it
• use the facilities and capabilities of the Application to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others
• breach this Agreement or any other BPAY agreement or policy
• provide false, inaccurate or misleading information
• use the Application to collect or obtain personal information, including without limitation, financial information, about other users of the Application
• purchase Recharge with what BPAY reasonably believes to be potentially fraudulent funds
• use the Services in a manner that results in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties and other liability to BPAY, a third party or You
• use the Services in a manner that BPAY or any payment card network reasonably believe to be an abuse of the payment card system or a violation of payment card network rules
• take any action that may cause BPAY to lose any of the Services from its service providers, Telcos, payment processors or other suppliers
• send automated request of any kind to the Application’s system without express permission in advance from BPAY.

Refund Policy

All sales of Recharge are final with no refund or exchange permitted. You are responsible for the mobile number or DTH account number you purchase Recharge for and all charges that result from those purchases. 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.

RBI Limiting Liability of the Customer_Notification

Indemnification

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.

Notice

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, 2^nd Floor, D-507,TTC Industrial area, MIDC Turbhe,, Navi Mumbai Maharashtra 400705.

Waiver

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.

Arbitration

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.

Severability

If any provision of this Agreement is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent required, and the remaining provisions will remain valid and enforceable.

Assignment

This Agreement, and any rights granted hereunder, may not be transferred or assigned by you without our prior written consent which may be withheld in our sole discretion, but may be assigned by us without restriction. Any assignment attempted to be made in violation of this provision shall be void and of no effect.

Survival

Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration as applied to transfers and relationship prior to such termination or expiration.

Headings

The heading references herein are for convenience purposes only, do not constitute a part of these Terms and Conditions, and will not be deemed to limit or affect any of the provisions hereof.

Entire Agreement

This is the entire agreement between you and 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

Terms of Use

The following Terms of Use (“Terms”) are a binding agreement between you and BPAY BY REGISTERING FOR OR USING THE APPLICATION OR THE PLATFORM/NETWORK, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, PLEASE DO NOT USE THE APPLICATION OR THE PLATFORM/NETWORK. As BPAY is a Application/platform/network owned by BPAY hence all the rights, benefits, liabilities & obligations under the following terms & conditions shall accrue to the benefit of BPAY.

1. Definitions
   1. “Customer” “or” “you” mean a person who has registered with BPAY for availing the BPAY Wallet and who has accepted these Terms and Conditions and, owns/operates/has access to an internet compatible device that supports the BPAY Wallet.
   2. “BPAY Wallet” or “BPAY Wallet” means the pre-paid payment instrument issued by BPAY including Basic Account and Prime Account.
   3. “Charge(s)” or “Service Charge” shall mean the charges which BPAY may levy upon you in consideration for subscribing to the BPAY Wallet.
   4. “Person-to-Person Transfer” refers to a facility to transfer funds from a BPAY Wallet to any other BPAY Wallet issued by BPAY or to any savings or current bank account.
   5. “Merchant Establishment” shall mean and include physical Merchants, remote Merchants and any other outlet that has been authorized by BPAY to accept payment using BPAY Wallet.
   6. “Enrollment Form” shall mean the BPAY Wallet Enrollment Form, as is required by BPAY from the Customer at the time of Registration for availing and / or continuation of the BPAY Wallet.
   7. “Basic Account” means Customer BPAY Wallet classified as Semi-closed system payment instruments issued by accepting minimum customer details being Customer name, Email address, mobile number, which permit payment and domestic money remittance as per RBI direction on Issuance and Operation of Pre-paid Payment Instruments in India (Reserve Bank) Directions, 2009 as amended and supplemented by the RBI from time to time.
   8. “Prime Account” means Customer BPAY Wallet which is KYC compliant and classified as Semi-closed system payment instruments which permit Person-to-Person transfer and payment to all identified Merchant as per RBI direction on Issuance and Operation of Pre-paid Payment Instruments in India (Reserve Bank) Directions, 2009 as amended and supplemented by the RBI from time to time.
   9. “KYC” stands for Know your Customer and refers to the various norms, rules, laws and statutes issued by RBI from time to time under which BPAY is required to procure personal identification details from you before any services can be delivered. Know your Customer (KYC) documents may be required by BPAY from the Customer at the time of Registration and/ or on a later date, for availing and / or continuation of the BPAY Wallet.
   10. “Password” means the secret password used to secure BPAY Wallet applications, without knowledge of which your BPAY Wallet will not be operable.
   11. “Transaction” means Person-to-person transfer or purchase of goods or services at Merchant establishments or equivalent amount of money-in BPAY Wallet, if goods or services not available.
   12. “Person-to-bank transfer” refers to a facility to transfer funds from a BPAY Wallet to any Bank Account.
   13. “RBI” means the Reserve Bank of India.
2. Documentation
   1. The collection, verification, audit and maintenance of correct and updated Customer information is a continuous process and BPAY reserves the right, at any time, to take steps necessary to ensure compliance with all relevant and applicable KYC requirements. BPAY reserves the right to discontinue services/ reject applications for BPAY Wallet at anytime if there are discrepancies in information and/or documentation provided by you.
   2. Any information provided to BPAY with the intention of securing BPAY Wallet shall vest with BPAY, and may be used by BPAY, for any purpose consistent with any applicable law or regulation, at its discretion.
   3. If the particulars provided by you in the KYC documents do not match with the details mentioned in the Enrollment Form, then BPAY has the right to forfeit the balance amount in your wallet.
3. General Conditions of BPAY Wallet
   1. You will be issued, Basic Account immediately after successful registration. Your account will be upgraded to a Prime Account after you submit your KYC documents at the time of registration itself or on a later date and the same are verified and approved by BPAY. BPAY Wallet Prime Account Services shall ordinarily be activated within twenty one (21) working days of receipt and verification of the associated documentation. For detailed features, registration process, documentation processes, KYC requirements, permitted Transactions, Service discontinuation procedure and other related details relating to the above mentioned Services, please refer www.BPAY.com/BPAYcash.
   2. You may recharge your BPAY Wallet at through any of the methods mentioned at www.secure.BPAY.in. The list of recharge outlets and methods of recharging BPAY Wallet are subject to change at the discretion of BPAY without prior intimation to the Customer.
   3. You may note that withdrawing money from BPAY Wallet is not allowed. Any outstanding credit BPAY Wallet must be utilized only to make payments for bona-fide Transactions at Merchant Establishments and Person-to-person transfers or Person-to-bank transfer.
   4. BPAY Wallet is available only to resident Indians who have attained the age of 18 years and are competent to contract.
   5. BPAY Wallet is not transferable.
   6. The maximum monetary value that can be stored at any point of time in a BPAY Wallet is 20,000 rupees. For Full KYC account limit is INR 1,00,000/-(INR One lakh only). The maximum permitted value of Transactions at any point of time in BPAY Wallet full KYC account is INR 1,00,000/- (INR One lakh only). The maximum monetary value that can be stored and utilized in a month in a BPAY Wallet Basic Account is INR 20,000/- (INR Twenty Thousand Only).The maximum monetary value that can be transferred from one BPAY Wallet Account to other BPAY Wallet or bank account in a single transaction is INR 5,000/- (INR Five, Thousand only). The maximum monetary value that can be transferred from one BPAY Wallet Account to other BPAY Wallet or bank account in a single month is INR 25000/- (INR Twenty Five Thousand only). Subject to guidelines/notifications issued by RBI from time to time these limitations may be reviewed and modified at the discretion of BPAY without prior intimation to the Customer.
   7. BPAY reserves the right to suspend/discontinue BPAY Wallet Services to you at any time, for any cause, including, but not limited, to the following-
      • For any suspected violation of the rules, regulations, orders, directions, notifications issued by RBI from time to time or for any violation of the terms and conditions mentioned in this document
      • For any suspected discrepancy in the particular(s), documentation or Enrollment Form provided by you;
      • To combat potential fraud, sabotage, willful destruction, threat to national security or for any other force majeure reasons etc;
      • If the same is due to technical failure, modification, up gradation, variation, relocation, repair, and/or maintenance due to any emergency or for any technical reasons.
      • If the same is due to any transmission deficiencies caused by topographical and geographical constraints/limitations;
      • If the mobile connection with which your BPAY Wallet is related ceases to be operational or in your possession or control.
      • If BPAY believes, in its reasonable opinion, that cessation/ suspension is necessary.
   8. The value stored on your BPAY Wallet shall NOT be refunded under ANY circumstances and may only be utilized to make payments for bonafide transactions at merchant establishments and Person-to-person transfer or Person-to-bank transfer. No interest will be payable by BPAY on the available balance reflected on the BPAY Wallet.
   9. You are permitted to maintain and operate only one BPAY Wallet. Any suspected non-conformity with this requirement shall be just cause for the suspension/ discontinuation of any/all Wallets associated with you by BPAY.
4. Wallet Charges & Validity
   1. You shall pay the Service Charges prescribed by BPAY in the form and manner prescribed for such payment. BPAY may at its discretion, change, amend, increase, or reduce the Service Charges without prior intimation to the Customer.
   2. Any value in your BPAY Wallet that is utilized towards making payments for any Transaction shall be automatically debited from your BPAY Wallet. BPAY’s responsibility is limited to the debiting of your BPAY Wallet and the subsequent payment to any Merchant Establishment that you might transact with. BPAY does not endorse, promote, champion or warrant any goods and/or services that might be bought/availed or proposed to be bought/availed using BPAY Wallet.
   3. BPAY reserves the right to levy charges/ charge commission upon any amounts loaded upon your BPAY Wallet or any amounts spent/utilized by you using BPAY Wallet.

This charge is on the total amount being deducted and not on the amount being transferred.

4. BPAY reserves the right to set off any balance in your Wallet in order to recover funds for transactions processed as per your request.
5. Wallet Expiry and Balance Forfeiture
   • At present, BPAY does not expire the wallet or forfeits the balance amount in BPAY Wallet
   • BPAY reserves the right to introduce a policy as per the applicable RBI guidelines for wallet expiration and balance forfeiture in future. The terms and conditions related to any such policy that we may introduce in the future will come into effect from the date that will be clearly indicated under the “Terms of Use” for Semi Closed Wallet

1. Customer Obligations
   • BPAY Wallet availability is subject to the maintenance of an active mobile phone or internet connection with an associated telecom provider. BPAY Wallet availability is subject to the maintenance of a mobile phone handset and other application on which Services run and the Customer is solely responsible for all liability arising from the unavailability of Services due to a mobile handset or internet service provider not supporting any BPAY Wallet channel or application.
   • You must ensure the availability of sufficient funds before executing any Transaction from your BPAY Wallet.
   • You shall be solely responsible for the confidentiality, safety and security of the Password. You shall be the sole owner of the Password and shall be responsible for the consequences arising out of disclosure of the Password and/or the unauthorized use of BPAY Wallet. In case the Password is lost or misplaced, you shall promptly inform BPAY by calling at the customer care numbers where after the Password will be barred and a new Password will be issued to you after necessary validation. In case the mobile phone/ SIM card associated with your BPAY Wallet is lost/stolen/misplaced/ no longer in your control, you shall promptly inform BPAY. BPAY will upon receipt of such information block the relevant account.
   • You shall on ly use BPAY Wallet for all Transactions with the specific Merchant Establishment for the products/services available therein. The list of Merchant Establishments is available at www.BPAY.com and is subject to change at BPAY’s discretion without prior intimation.
   • You shall intimate BPAY about change in your address, if any, in writing along with such proof of address as per the KYC documents.
   • You shall not use BPAY Wallet for any purpose that might be construed as contrary or repugnant to any applicable law, regulation, guideline, judicial dicta, BPAY policy or public policy or for any purpose that might negatively prejudice the goodwill of BPAY.
   • You acknowledge and understand that BPAY Wallet are linked to your mobile phone number and you shall be solely responsible for any liability arising out of the loss/ theft / misuse of the mobile phone number or deactivation of mobile connection by the concerned telecom service provider, in respect of the Services.
   • Information submitted by you for availing BPAY Wallet and/or information submitted while using BPAY Wallet may be shared with third parties by BPAY, inter alia, to facilitate the provision of BPAY Wallet.
   • You shall ensure that the Services are not used for Transactions in foreign currency. BPAY Wallet is issued & shall be valid only in India and shall be used at Merchant Establishments only in India.
   • Without limiting the foregoing, you agree that you will not use the BPAY Application to undertake any of the following actions or to display, upload, modify, publish, distribute, disseminate, transmit, update or share any information that:
     • Is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
     • Infringes any patent, trademark, copyright or other proprietary rights;
     • contains viruses, corrupted files, or any other similar software or programs that is designed to interrupt, destroy or that may limit the functionality of any computer source or that may damage or adversely affect the operation of another person’s computer, its web-Applications, any software or hardware, or telecommunications equipment;
     • Advertises or offers to sell any goods or services for any commercial purpose;
     • is in the nature of promotional services, products, surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;
     • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;
     • Violates any law for the time being in force;
     • Belongs to another person to which you do not have any right to;
     • Interferes with or disrupts BPAY’s webApplications, servers, or networks;
     • Impersonate any other person;
     • Harm minors in any way;
     • Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through its webApplications or to manipulate your presence on its webApplications;
     • Engage in any illegal activities;
     • Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, or causes incitement to the commission of any cognizable offence, or prevents the investigation of any offence or insults any other nation.
2. Indemnity
   • You agree to indemnify, defend and hold BPAY and/or related parties harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including and without limitation legal fees and expenses, arising out of or related to your use or misuse of the BPAY Wallet, any violation of these Terms and Conditions, or any breach of the representations, warranties, and covenants made by you.
7. Additional T&Cs
   • When you acquire goods, software or any other services from a Merchant Establishment through any of BPAY’s Services, you understand and agree that, BPAY is not a party to the contract between you and the Merchant Establishment. BPAY does not endorse any advertiser or Merchant linked to its webApplication. Furthermore, BPAY is under no obligation to monitor the Merchant Establishment’s service used by you; the Merchant Establishment alone will be responsible for all obligations under the contract including (without limitation) warranties or guarantees. Any dispute with or complaint against any Merchant Establishment must be directly resolved by the Customer with the Merchant Establishment. It is clarified that BPAY shall not be responsible or liable for any deficiency in goods and/or services purchased using BPAY Wallet. This exclusion of liability shall apply even for goods and/or services made available by BPAY under promotional schemes. You are instructed to satisfy yourself regarding the quality, quantity and fitness of any good and/or service before purchasing the same.
   • Any amount transferred erroneously by the Customer to any Merchant Establishment shall not be refunded to the Customer by BPAY in any circumstances.
   • Any web-link on the BPAY Application to a third party Application is not an endorsement of that web-link. By using or browsing any such other web-link, you shall be subject to the terms and conditions in each such web-link.
   • In the event of any dispute, BPAY records shall be binding as the conclusive evidence of the Transactions carried out through use of BPAY Wallet.
   • BPAY shall send all customer communications by SMS and/or email and the SMS shall be deemed to have been received by you after they have been submitted for delivery to the mobile phone operator.
   • You agree to receive all commercial message including transactional messages from BPAY.
8. Amendment of Terms, Platform
   • BPAY reserves the right to amend, modify, change, add or terminate (collectively “Changes”) the Terms, the Application or the Platform/Network at any time in its sole discretion. Your continue use of the Application or the Platform/Network shall be deemed your acceptance of any such Changes. You should make sure you view these Terms periodically to make sure you are familiar with the most recent version of them.
   • BPAY may modify, terminate and/or suspend BPAY Wallet to the Customer anytime with or without prior notice, due to any changes in internal policies, rules, regulations and laws set by relevant authorities/regulators.
   • Any amendment of these Terms & Conditions proposed by you shall not be effective unless it shall be reduced to writing through amendment form and accepted by BPAY. Amendments made under this clause shall be deemed to be a part of these Terms & Conditions and in case of any contradiction the amendment form shall prevail. The terms and conditions herein shall be subject to the notifications/ guidelines issued by RBI, from time to time.

Eligibility and Registration to Use the Services

• You must be 18 years old to use BPAY. You must be an authorized representative with the authority to bind that company or entity to these Terms. You agree to provide accurate, current and complete information about yourself or your company as prompted by our registration form (including your email address) and maintain and update your information (including your email address) to keep it accurate, current and complete. We reserve the right to terminate any account or your use of the Application or the Platform/Network if any information provided by you is false, fictitious, inaccurate, not current or incomplete, with or without notice to you.
• You will be issued a user id and password to access your account. You must keep password confidential and not share it with any other person. You are responsible for all activity on your account, whether or not you authorized it. However, if you become aware of any unauthorized use of your account or your user id and password, please contact us immediately.

Compliance with Law

• The BPAY Wallet is governed by per RBI direction on Issuance and Operation of Pre-paid Payment Instruments in India (Reserve Bank) Directions, 2009 (as amended and supplemented from time to time) and is also subject to directions / instructions issued by the RBI from time to time in respect of redemption, repayment, usage etc. BPAY will not be responsible or liable for any violation by you of applicable law, regulation, or guideline. You hereby declare that your name does not, at anytime, appear in the consolidated list of terrorist Individuals/ organizations as circulated by the RBI from time to time.

• • Privacy of communication is subject to the terms of the certificate of authorization granted by the RBI and RBI notifications/directives etc. You specifically agree that in order to facilitate the provision of BPAY Wallet, BPAY may be required to disclose any information or particulars pertaining to you to any authority, statutory or otherwise.

• Assignment
  • BPAY shall have the right to assign/transfer these presents to any third party including its holding company, subsidiaries, affiliates, associates group companies.
• Intellectual Property Rights
  • We, or our licensors, own all right, title and interest, including, but not limited to all copyright, trademark, patent, trade secret or other proprietary rights (“IP Rights”), in and to the Application, the Platform, the Usage Data. You shall not reproduce, distribute, transmit, modify, create derivative works, display, perform or otherwise use the Application, the Platform or any of the IP Rights, or attempt to reverse engineer, decompile, disassemble, or derive the source code for the Platform or use the Platform or Application to create a competing product. Unauthorized use is strictly prohibited. All rights are expressly reserved to BPAY.
• Disclaimer
  • WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE APPLICATION, THE PLATFORM/NETWORK AND SERVICES OFFERED. WE EXPRESSLY DISCLAIM THE IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE. We provide the Application, the Platform/Network and any other technology and services on the Application on an “as is”, “where is”, “with all faults” basis. We do not warrant that the Application or the Platform any products and services shown or described on the Application, or other technology and services will be uninterrupted, error-free, available or operational at any particular time, or that any known defects will be corrected.

 

• Waiver and Release
  • To the maximum extent permitted by law, you waive, release, discharge and hold harmless BPAY, its affiliated and subsidiary companies, and each of their directors, officers, employees, and agents, from any and all claims, losses, damages, liabilities, expenses and causes of action arising out of your use of the Platform / BPAY Wallet.
• Consent to Electronic Communications and Transactions
  • By registering to use the Application, below, you consent to conduct transactions and receive communications, notices and information from us electronically, whether sent by e-mail or other electronic means. Electronic communications shall be deemed to have been received by you when We send the electronic communication to the email address/mobile number that as per our records, or when We post the electronic communication on the BPAY Application. The requirements for such electronic transactions and communications following: you must have access to the Internet, mobile web, applications and a valid e-mail address. You can withdraw your consent at any time by contacting us, but We reserve the right to terminate your account upon such withdrawal. Withdrawal of your consent will not affect the legal validity and enforceability of any notice, statement or disclosure previously received electronically. You agree to notify us promptly if your email address or other contact information changes by updating your account information or contacting us.
• Limitation of Liability
  • NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, NEITHER BPAY, NOR ITS AFFILIATED COMPANIES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR ANY RELATED PARTY SHALL HAVE ANY LIABILITY TO USERS OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE OR PROFITS ARISING UNDER OR RELATING TO THESE TERMS, THE APPLICATION OR THE OFFERINGS, EVEN IF ANY OF SAID PARTIES HAD BEEN ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
  • TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION (WHETHER LIABILITY ARISES DUE TO NEGLIGENCE OR OTHER TORT, BREACH OF CONTRACT, VIOLATION OF STATUTE, MISREPRESENTATION OR FOR ANY OTHER REASON), WILL AT ALL TIMES BE LIMITED TO INR ONE HUNDRED (INR 100).

 

Choice of Law and Dispute Resolution

• These Terms shall be governed by, and construed in accordance with, the laws of India, without reference to principles of conflicts of law. The parties agree that the courts of Navi Mumbai shall have exclusive jurisdiction over any dispute arising from or relating to these Terms, the Platform/Network or the Application. You expressly consent to the personal jurisdiction of said courts and waive any objection to such personal jurisdiction based on forums non convenience or any other basis.

• • The parties are independent contractors and nothing in these Terms shall be deemed to create an agency or employment relationship, a franchisor-franchisee relationship, joint venture or partnership. These Terms constitute the entire agreement between you and us regarding its subject matter and supersede all prior and contemporaneous undertakings and agreements between the parties, whether written or oral, with respect to that subject matter. Should any provision of these Terms be deemed unenforceable or invalid, the other provisions of these Terms shall remain in full force and effect. You cannot assign the Terms or delegate your obligations under these Terms without the express written consent of BPAY. The prevailing party in any action relating to these Terms shall be entitled to recover its reasonable legal fees, costs and disbursements incurred in connection therewith from the non- prevailing party.

Grievance Officer

The customer can log the complaints through the following co-ordinates:-

Email:- customercare@finobank.com

 

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.

Definitions

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.

 

Instructions

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.

 

Indemnity

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.

 

Assignment

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.

Termination

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).

General Conditions

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.
 

Definitions:

 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.
 

Terms and Conditions:

• FINO Payments Bank Limited may issue the FASTag to a Customer on the request of the Customer, pursuant to the customer making an Application for the FASTag and agreeing to the applicable terms and conditions in the form and manner prescribed by FINO Payments Bank Limited in this regard.
• The Customer who wishes to avail the FASTag shall be required to have Fino Wallet Account, within which a sub wallet i.e. FASTag Wallet shall be created. Such FASTag Wallet (hereinafter referred as “Wallet”) shall have predefined monetary limits. This Wallet shall have a set threshold amount beyond which if balance goes, then an SMS alert will go to customer to reload the Wallet. If customer fails to reload the Wallet, then the transaction amount shall be deducted from the security deposit and customer's Wallet shall be flagged as blacklist.
• Fino FASTag Wallet is valid in India only and requires FASTag Registration & Issuance at Fino Branches / Merchant POS Locations. All Fino Branches / Merchant POS Locations shall be published and update on Fino Website. Customer shall also have an option to create wallet from Mobile Banking App BPay and complete registration however FASTag issuance can only be done from Fino Branches / Merchant Location post due verification.  
• The Customer shall be deemed to have unconditionally agreed to and accepted these Terms and Conditions by submitting the Application for the FASTag or by performing a Transaction or by accepting the FASTag, in the form and manner prescribed by theBank from time to time. TheBank shall maintain records of these Applications and other Transactions in such manner as may be deemed suitable byBank. 
• The Customer shall be charged One time Tag Issuance Fee & Security Deposit as per vehicle class. The Security Deposit for various vehicle class as decided by the Bank from time to time, shall be maintained as “Minimum Amount” in the Customer’s Account as per the applicable terms & conditions stipulated byBank. Customer shall ensure that, Wallet including the said Security Deposit should not fall below the Minimum Amount. The Customer also agrees to bear the charges ( if any) for recharges based on the recharge mode chosen by the Customer. The charges are liable to be changed by the Bank from time to time.
• The FASTag issued by the Bank to the FASTag Customer shall be mandatorily affixed by the authorized representative of the Bank on the vehicle of the FASTag Customer with the Registration Vehicle number specified by the FASTag Customer in the Application. The FASTag is non- transferable and can only be used with respect to the vehicle on which the FASTag has been affixed by the authorized representative of the Bank.
• Only one (1) FASTag can be issued against any particular vehicle at any given point of time, in case the Customer reaches to Fino Bank Branches / POS Locations for new FASTag issuance, theCustomer has to ensure that earlier issued FASTag against same vehicle are destroyed and demolished. In case the Customer fails to destroy the FASTag, he will be charged from both the FASTag’s until one of them is destroyed / deactivated and inform the earlier bank that issued the FASTag.
• TheBank under no circumstances shall  be held liable or responsible in any manner incase if the Plaza Terminal is not functional or was not unable to read the FASTag and the amount is not debited from the Wallet. In such cases, the Customer will have to make Payment to the Toll Plaza via other modes like such as Cash, etc;. This amount will neither be deducted from the Customers Wallet nor will be reimbursed by the Bank.
• Bank shall have sole discretion and shall reserve the rights & authority  to flag the FASTag in Blacklist, incase if the Customer fails to maintain the Minimum necessary Amount in his/her Wallet Account balance or fails to comply with perform any acts against terms & conditions stipulated by the Bank and under the applicable laws.
• The usage of these FASTags on the toll may receive incentives from Government Authorities. The Bank will pass on the cash back received to the Customer’s Wallet, as and when received by the Bank. This incentive is a promotional drive by the Government, and  Bank will not be responsible for the referred incentive from the Government and the time duration when the cash back is obtained.
• The balance maintained in Customer's Account against the Wallet cannot be treated/pledged as Security Deposit and the same cannot be pledged/charged as Security for any services obligation availed from the  Bank or any other Bank,/ Financial Institution in any other manner by any corporate or an Individual.
•  The Customer hereby agrees and confirms that by applying for Fino Payments Bank FASTag, Customer agrees to indemnify  Bank and its officials from and against any and all claims, actions, suits, proceedings, costs, damages, judgments, amounts paid in settlement and expenses (including without limitation reasonable attorneys’ fees and reasonable disbursements at actual) (collectively, “Loss”) incurred by the Bank, to the extent suffered, as a result of, arising from, or in connection with or relating to or arising out of the use of the FASTag by Customer. Customer also agrees to indemnify, defend and hold harmless the Bank and its officials from and against any Loss incurred or suffered by the Bank as a result of the Bank providing its services in the form of Bank Account and any transaction made therein, to enable the Customer to utilize the FASTag. Customer will at all times satisfy the Bank and Indemnify it for any cause or consequences arising out of transactions related to the issued FASTag.
• The FASTag issued to the  Customer shall remain the property of the Bank and shall be surrendered to the Bank, on request. The Customer shall be responsible for returning the FASTags to the Bank for cancellation in the event the services are no longer required by them  or if the services are withdrawn by the Bank for any reason whatsoever. In case of loss of the FASTag, the FASTag may be blocked by the Customer through BPay App or contacting Fino Payments Bank Branches / Merchants & furnishing the required information for blocking the Tag.
• If the FASTag is lost or stolen, the  Customer must file a report with the local police and should be able to produce a copy of the police report upon request by the Bank. The Customer must immediately report the loss / theft of the FASTag over the telephone to the customer care and / or lodge a complaint to the kiosk. Customer Care shall, upon adequate verification hotlist/cancel/suspend the FASTag and terminate all facilities in relation during working hours on a working day following the receipt of such information and on request of the Customer and shall not be liable for any inconvenience caused to the  Customer in this regard. The  Customer is responsible for the security of the FASTag and shall take all steps towards ensuring the safe keeping thereof. The Customer will be liable for all charges incurred on the FASTag until the FASTag is reported lost/ stolen. In the event,  Bank determines that the aforementioned steps are not complied with; financial liability of the lost and stolen FASTag would rest with the  Customer.
• Once a FASTag is reported as lost or stolen, the FASTag cannot be used again even if found subsequently. The Customer declares that if a FASTag is reported as lost/stolen or is damaged, if found subsequently it shall be the responsibility of the Customer to return such FASTag to FINO Payments Bank. Similarly, in case a FASTag is damaged, it shall be the responsibility of the Customer to return the damaged FASTag to the Bank to enable closure of the FASTag Account. In the event of death of the  Customer, the Bank shall cancel the FASTag upon being informed of the same. The legal heirs of the Customer can recover the balance amount available on the FASTag as perthe Bank's policy / process.
• The products & services provided herein by the Bank will be as per the applicable terms & conditions stipulated by the Bank and it shall at its sole discretion reserve the rights to modify/alter all or any of the terms & conditions, without prior notice or any reason whatsoever.
• The products & services provided herein shall be subject to the RBI guidelines and regulations, issued from time to time and other prevailing laws and Regulations in India.
• The FASTag may be used for the purpose of making applicable toll payments as may be required by the relevant government authorities at participating toll plazas on the highway through the ETC Lane provided at such toll plazas. No Interest shall be payable by the Bank on the amount available loaded on the FASTag.
• The FASTag is valid up to a period of five (5) years from the date of issuance of the FASTag. The Bank may, at any time, with or without prior notice, at Its absolute discretion, terminate the FASTag.
• In case the FASTag Account remains unused for a period of six (6) months with a negative balance amount, the FASTag Account will be closed with prior intimation to the Customer and the corresponding FASTag shall not be accepted at any Toll Plazas for the purpose of payment of toll.
• The  Customer may at any point of time, request for closure of the FASTag by visiting any Fino Branches/ POS Locations and submitting such documentation as may be required by FINO Payments Bank policy/process in this regard. The Customer shall also be required to return the FASTag to authorized Bank's personnel. However in case of termination/cancellation of single FASTag mapped under Wallet having multiple FASTag issued, FASTag Wallet service will continue.
• On termination of the FASTags, the total of all charges outstanding whether or not already reflected in the statement and the amount of any charges incurred after termination shall become forthwith due and payable by the FASTag Customer as though they have been so reflected and interest will accrue thereon as may be applicable as per Fino Payments Bank Policy/ Process from time to time.
• The  Customer shall be responsible for all facilities granted by the Bank and for all related charges and shall act in good faith and in relation to all dealings with the FASTag and the Bank. The Bank accepts no responsibility for any surcharge levied by any Concessionaire and debited to the balance available on the FASTag, with the Transaction amount. Any Transaction undertaken at a participating Toll Plaza shall be conclusive proof that the charge recorded on such requisition was properly incurred for the amount and by the  Customer using the FASTag except where FASTag has been lost, stolen or fraudulently misused, the burden of proof for which shall be on the Customer.
• The  Customer is responsible for all Transactions initiated by use of the FASTag, except as otherwise set forth herein. Each time the  Customer uses the FASTag at a participating Toll Plaza, he authorizes the Bank to reduce the funds available in the FASTag Account by the amount of the Transaction. The  Customer is not allowed to exceed the available amount in the FASTag Account through an individual Transaction or a series of Transactions. Nevertheless, if a Transaction exceeds the balance of the funds available in the FASTag Account, the  Customer shall remain fully liable to the Bank for the amount of the Transaction. FINO Payments Bank reserves the right to bill the  Customer for any negative balance. The  Customer agrees to pay FINO PaBank promptly for the negative balance. The Bank also reserves the right to cancel/terminate the FASTag should the  Customer create one or more negative balances with the FASTag. The Bank reserves unto itself the absolute discretion to decline to honor the Transaction requests on the FASTag, without assigning any reason thereof.
• In case of any complaint or query pertaining to any Transaction/s, the  Customer may contact us by either by calling us on our Customer Care at 1860 266 3466 (Toll Free)  or raising a complaint on FASTag website. In case the  Customer has any dispute in respect of any Transaction, the F Customer shall advise details to  Bank within 15 days of the Transaction date failing which it will be construed that all charges are acceptable to the Customer and in order.
• The  Customer may enquire about the balance on his FASTag by calling the Customer Care or contacting to Fino Branches / POS Locations. The  Customer will also receive statements in digital format which can be downloaded from BPay Mobile Banking App. The  Customer will also receive a short messaging system message on the mobile number registered by the Customer with the Bank, after each transaction, informing him of the transaction value. The Customer shall inform the Bank in writing within fifteen (15) days of occurrence of Transaction, if any irregularities or discrepancies exist in the transactions/ particulars of the FASTag Account. If the Bank does not receive any information to the contrary within fifteen (15) days, it shall assume that the Transactions are correct. All records maintained by the Bank, in electronic or documentary form of the instructions of the  Customer and such other details (including, but not limited to payments made or received) pursuant to these Terms and Conditions, shall as against the  Customer, be deemed to be conclusive evidence of such instructions and such other details. The Bank shall not be required to provide copies of the Transaction slips to the  Customer with respect to Transactions and the Customer will only receive transactional alerts through short messaging system message on the mobile number registered by the  Customer with the Bank.
• In order to enable the Bank to investigate and respond to the complaint/query, the  Customer shall be required to provide  Bank with such information as may be required by the Bank. Please note that the Bank does not ask customers for any confidential information and therefore Customer/s must not share with us any information of a confidential nature including but not limited to passwords, user id's, etc.
• The Bank shall make bonafide and reasonable efforts to resolve an aggrieved  Customer's disagreement with the Transaction(s) within fifteen (15) days receipt of the notice of disagreement. If after such effort, the Bank determines that the Transaction(s) indicated is correct then it shall communicate the same to the  Customer along with details including a copy of the sales slip or payment requisition.
• The Bank shall have the sole and absolute discretion to amend or supplement any of the terms and conditions, features and benefits offered on the FASTag including, without limitation to, changes which affect interest charges or rates and methods of calculation at any time. The balance available on the FASTag shall be liable to be utilized for all charges incurred and all other obligations under the revised terms and conditions. The Bank shall notify/ communicate the amended Terms and Conditions by hosting the same on the Website or in any other manner as decided by Fino Payments Bank. The  Customer shall be responsible for regularly reviewing the terms and conditions, including amendments thereto as may be posted on the FASTag website and shall be deemed to have accepted the amended terms and conditions by continuing to use the FASTags.
• The Customer has to provide the original vehicle registration  for FASTag issuance. The Bank representative shall verify original vehicle registration, take required vehicle image and after due verification shall issue FASTag to Customer. Vehicle Registration Number for which the FASTag has been applied shall be used by the Customer and the amount pertaining to the Toll Plaza  done by the said vehicle can be debited to the Wallet that would be opened as a part of servicing this application form.
• Any liability incurred from the FASTag, to the extent of the Toll Transactions received will be borne by the customer. The Customer confirms that process of FASTag Affixation is well understood and takes all responsibility toward FASTag Damage or Incorrect FASTag affixation.
• The Customer holder agrees that he/she will not use the Fino FASTag for payment of any illegal/unlawful purchase/purposes.
• These terms shall be interpreted, construed and enforced in all respects in accordance with the laws of India without regard to any principles of conflicts of laws thereof. Both the Parties agree that the competent courts at Mumbai shall have the exclusive jurisdiction.