Terms & Conditions
“Terms”) carefully before you use our platform or any of its services (“Services”). These Terms are legally binding and govern the use of our website, our mobile application, our API and other properties collectively called as the
“Platform” created by Instantpay India Limited, a company incorporated under the laws of India, with its registered office at B1/A5, Mohan Co-operative Industrial Estate, New Delhi - 110044 (“Instantpay” or
These Terms are a binding agreement between you and Instantpay.
These Terms are in addition to and not in derogation of any other terms stipulated by Instantpay from time to time.
In case of any conflict between these Terms and such other terms, these Terms will prevail.
Throughout this document, we use the terms “we” and “our” to refer to Instantpay and the terms “you” and “your” to refer to you, the User of the Platform.
Both Instantpay and the User are collectively referred to as “Parties” and singularly referred to as “Party”.
We may revise these Terms, update the Platform and modify the Services at any time to improve your experience on our Platform and on account of changes in Applicable Law.
If you do not agree with any change made by us, you have the option to stop using our Services.
Instantpay’s services are available to anyone having a valid email address and an Indian mobile phone number. The Platform must be accessed/used only by the persons who are eligible to enter into legally binding contracts under the Indian Contract Act and are ‘competent to contract’ according to Section 11 of the Indian Contract Act. Users who have been previously suspended or removed from availing any service by Instantpay shall not be eligible to avail services from Instantpay. Users shall not impersonate any person or entity, or falsely state or otherwise misrepresent identity, age or affiliation with any person or entity.
includes all applicable Indian statutes, enactments, acts of the state legislature or parliament, laws,
ordinances, rules, bye-laws, regulations, notifications, guidelines, directions, directives and orders of any governmental authority, statutory authority, board, recognized stock exchange, as may be applicable.
shall mean and include reversal of any transaction made by Service Provider’s User inter alia, on account of, including but not limited to:
any alleged forgery of the User’s account, card or other details pertaining to the transaction;
any charge/debit made on account or card that has been listed as a hot listed card or otherwise listed on the card association warning bulletins;
duplicate processing of the transaction;
any amount required to be refunded due to, denial of a transaction by the User / valid card holder as wrongly charged payment / extra payments and/or due to the fraudulent use / misuse of the personal and financial information of the Service Provider’s User by any unauthorized person and / or any other reason as required / approved by the concerned banks, as the case may be
“Effective Date” or “Registration Date”
shall mean the date of registration of account of the User on Instantpay’s platform.
“KYC” or “Know Your Customer” shall mean the process prescribed under the Applicable Law to collect and authenticate the User’s personal or business identification details before offering the Services to the User.
“Services” shall mean the services provided by Instantpay and various Service Providers to the Users utilizing the Instantpay Platform including but not limited to banking services, non-banking services and other such services either by itself or through a Merchant.
“Service Provider” shall mean any banking and/or non-banking entity with which Instantpay has, directly or indirectly, executed an agreement for facilitating Transactions between such entity and its customers.
“Users” shall mean individuals including all body corporates, partnerships, limited liability partnerships, etc., who are availing Instantpay services through the Instantpay platform.
1. GENERAL TERMS AND CONDITIONS
These General Terms and Conditions govern the User’s access to the Services provided by Instantpay:
INFORMATION SUPPLIED TO INSTANTPAY. Users agree that the information provided by the Users to Instantpay on registration and at all other times, including payment, is true, accurate, current, and complete.
SECURITY OF ACCOUNT. Users’ mobile number and email identifies a Users’ account with Instantpay through which Instantpay services are dispensed (“Account”). Instantpay encourages Users to choose a strong password to protect their Account. It is advised that Users do not share their password with anyone or write it down. Neither Instantpay nor its Service Providers, under any circumstances, will ever ask for a User's Account password or any other confidential information. If a User has any reason to believe that his Account is no longer secure, then the User shall immediately change the Account password and indemnify Instantpay from any liabilities that may arise from the misuse of such User’s Account.
RECLAIMING INACTIVE ACCOUNTS.. If an Account is found to be overly inactive, the Account may be reclaimed by Instantpay without providing notice to the concerned User. An Account is considered as inactive if the concerned User is not signing in and/or has not done any transactions for more than 6 consecutive months.
THIRD PARTY SITES, PRODUCTS AND SERVICES.
Instantpay’s services and/or the Site may include links or references to other web sites or services solely for the Users’ convenience (“Reference Sites”). Instantpay does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. Correspondence or business dealings between Users and concerned Reference Sites are solely between such User and the concerned Reference Site. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at the concerned User’s own risk.
The User hereby accepts that:
Instantpay may send transactional or non-transactional business communication in the form of SMS or Email or Push notifications as part of its efforts to fulfil the User’s request or service your account. A User may continue to receive transactional and critical communication from Instantpay even after opting out of marketing communications.
Instantpay will make the best efforts to provide notifications and it shall be deemed that the User shall have received the information sent from the Company during the course of, or in relation to, using the Instantpay Platform or availing any Services. Instantpay shall not be under any obligation to confirm the authenticity of the person(s) receiving the alert. The User cannot hold the Company liable for non-availability of any notification service in any manner whatsoever.
LIMITATION OF LIABILITY.
In no event will Instantpay or its directors, agents, officers, or employees be liable to a User for any special, indirect, incidental, consequential, punitive, 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) of any kind arising out of or relating to.
b) Instantpay’s services, the Site or any Reference site, or
c) User’s use or inability to use Instantpay’s services, the Site or any Reference Sites, even if Instantpay or a Instantpay authorized representative has advised of the possibility of such damages,
d) unauthorized access to or alterations of transmissions or data, any material or data sent or received or not sent or received,
e) any transactions entered into by any third person or conduct of any other third party or any infringement of another’s rights,
f) the use of counterfeit or stolen cards, or stolen devices, or
g) fraudulent electronic transactions.
It shall be at the sole discretion of Instantpay to reverse any transaction subject to approval of the concerned Service Provider. Notwithstanding the above, if any court of law finds that Instantpay or its directors, officers, or employees, are liable to indemnify a concerned User despite the existence of this Clause 1.7, such liability shall not exceed the amount paid by the concerned User, if any, for using the portion of the Instantpay’s services or the Site giving rise to the cause of action.
Users acknowledge that the warranty, disclaimers, and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between Users and Instantpay, and that the warranty, disclaimers, and the limitations of liability set forth herein form an essential basis of the bargain between Users and Instantpay. Instantpay would not be able to provide the services to Users on an economically reasonable basis without these limitations.
Users understand that Instantpay or the Service Providers may reject authentication and/or authorization of transaction placed by Users for any reason including but not limited to insufficient funds, incorrect authentication details provided, expired card/bank account, risk management, suspicion of fraudulent transactions, selling of restricted or banned items, use of compromised cards or bank account numbers, use of banned/blacklisted cards or bank account numbers, use of suspicious API or in accordance with the regulator, Issuing, Acquiring Institution and/or Card Network rules, guidelines, regulations, etc. and any other laws, rules, regulations, guidelines in force in India.
User further acknowledge that as a security measure Instantpay and/or the Service Providers may at our sole discretion, permanently or temporarily, block any card number, account numbers, group of cards or transactions from any specific blocked or blacklisted cards / accounts, specific, group of IP addresses, devices, geographic locations and / or any such risk mitigation measures it wishes to undertake.
As a risk management tool, Instantpay and/or the Service Providers reserve the right to limit or restrict transaction size, amount and/or monthly volume at any time. Instantpay will consider a variety of factors in making a decision and such determination will be at our sole discretion.
If Instantpay is intimated, by the bank, that a customer has reported an unauthorized debit/chargeback of the customer’s Payment Instrument (“Fraudulent Transaction”), the User shall be notified by Instantpay. The User shall be entitled to furnish documents and information pertaining to the Transaction associated with the Chargeback within one (1) day (or such other period specified by the bank).
The User agrees and acknowledges that
a) if the User is unable to furnish Chargeback Documents
b) the bank is not satisfied with the Chargeback documents furnished by the User, then the bank shall be entitled to order the Instantpay to affect a reversal of the debit of the Chargeback Amount associated with the Chargeback such that the said chargeback amount is credited to the customer’s Payment Instrument.
Instantpay shall also be entitled to suspend the settlement of the amount under dispute or hold the value of transaction under dispute from following the settlement of the transaction during the pendency of inquiries, investigations and resolution thereof by the Service Providers to the User.
Pursuant to clause 1.8 (ii) above, if the amount in respect of the Fraudulent Transaction has already been settled to the User, any dispute arising in relation to the said Fraudulent Transaction, shall be resolved in accordance with the notifications, circulars and guidelines issued by the regulators or Service Providers in this regard from time to time.
The User also agrees and acknowledges that it is liable to pay fines, penalties and charges imposed by the Banks, card payment networks or any regulatory authority on account of Transactions that are in violation of Applicable Law.
The User further agrees and acknowledges that following Instantpay incurring the charge stipulated in clause 1.8(iii), if the available Transaction Amounts are insufficient for deduction of the Chargeback Amount, then Instantpay is entitled to issue a debit note seeking reimbursement of the Chargeback Amount from the User. The User shall reimburse the Chargeback Amount within three (3) working days of receipt of the debit note.
The Parties hereto agree that any payment instructions for Transactions accepted by the User as per the terms hereof which are subsequently disputed due to (a) the authorization by the User of any Transaction with an amount exceeding the User’s account balance or credit limit, or (b) the authorization by the User of a fraudulent Transaction, shall always be the liability and responsibility of User.
The User hereby acknowledges and agrees that Instantpay is a facilitator for payment processing services which are requested by Users and Instantpay shall not be responsible for any unauthorized transaction done by any person including third party and amounting to infringement of another’s rights or any chargebacks claimed by the customers. It will be the responsibility of Users to ensure due protection while transacting online or otherwise. Instantpay will assist the Users in settling any queries related to the Services that arise between the Users, and its customers. However, Instantpay shall bear no responsibility with respect to the dispute or query related to payment made by the customers to the Users.
SECURITY OF YOUR ACCOUNT.
The User confirms and certifies that it shall not engage in any act that violate any laws and regulations. It shall also ensure that the financial data or any other information of the customers received by the User are stored in a system only in India. This data shall include full end to end transaction details/information collected/carried/processed as part of the message/payment instructions. The User also acknowledges and agrees that the account balance maintained by the Users on Instantpay Platform shall be non-interest bearing and shall be forfeited by Instantpay if found lying unused for more than 365 days.
USER’S REPRESENTATIONS AND WARRANTIES.
The User represents and warrants that.
it shall be responsible to obtain any and all consents and approvals that are required from regulatory or governmental authorities, including any consent from customers required to transfer data to the User and/or the Instantpay Platform, as the case may be, in accordance with Applicable Law,
it shall not access (or attempt to access) the website and the Products by any means other than through the interface that is provided by Instantpay. It shall not use any deep-link, page scrape, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Instantpay Platform, or in any way reproduce or circumvent the navigational structure or presentation of the platform, without Instantpay’s express prior written consent.
it shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password "mining" or any other illegitimate means.
it shall inform the Company in case Income Tax Return is not filed by the User as per sec 139(1) of Income Tax Act, 1961 for the previous financial years starting from FY 2018-19 and undertake to indemnify and keep indemnified Instantpay against any and all losses, claims, liabilities, costs, taxes, interest, penalties imposed by any government and regulatory authority for non-complying with Section 206AB or any other provisions of Income Tax Act, 1961. The User also agrees that in case of any non-compliance as per the above-mentioned section the Company shall recover the TDS amount from the User along with interest and penalty.
User agrees to indemnify, save, and hold Instantpay, its affiliates, contractors, employees, officers, directors, agents and its third-party suppliers, licensors, and partners harmless from any and all claims, demands, actions, suits which may be threatened or brought against Instantpay, and also against all losses, damages, liabilities, costs, charges and expenses, including without limitation, legal fees and expenses arising out of or related to:
Users’ use or misuse of Instantpay’s services or of the Site/application
any claim or legal notice or quasi-legal proceedings to which Instantpay may be required to become party or to which Instantpay may be subjected by any person including any governmental authority, by reason of breach of any Applicable Law,
due to failure of a User to obtain any required statutory or regulatory approval necessary for the performance of its obligations in the Applicable Agreement with Instantpay,
all liability, claims, damages, costs, expenses suffered or incurred by Instantpay as a result of any act or violation by User under Section 269ST of the Income Tax Act, 1961 while acting as collection agent of the Company.
Instantpay reserves the right, at User’s expense, to assume the exclusive defense and control of any matter, including rights to settle, for which concerned User is required to indemnify Instantpay. The User agrees to cooperate with Instantpay’s defense and settlement of these claims. Instantpay will use reasonable efforts to notify the User of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it.
To the fullest extent permissible pursuant to Applicable Law, Instantpay and its officers, directors, employees, and agents disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary
rights. No advice or information, whether oral or written, obtained by a User from Instantpay or through Instantpay’s services or the Site will create any warranty not expressly stated herein. Instantpay does not authorize anyone to make any warranty on its behalf and Users should not rely on any such statement. Users acknowledge that Instantpay is a reseller and is not liable for any third-party seller’s obligations. It is User’s responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, merchandise and other information provided through the Site or on the internet generally. Instantpay does not warrant that its services will be uninterrupted, or free of errors, viruses or other harmful components, and that any of the foregoing defects will be corrected. Instantpay’s services and the Site and any data, information, third party software, Reference Sites, or Software made available in conjunction with or through its services and the Site are provided on an “as is” and “as available”, “with all faults” basis and without warranties or representations of any kind either express or implied. Instantpay and its third-party suppliers, licensors, and partners do not warrant or make any representations regarding the use or the results of the use of Instantpay’s services, the Site or any Reference Sites in terms of correctness, accuracy, reliability, or otherwise.
Instantpay’s services and the Site are owned and operated by Instantpay 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 Instantpay’s services and the Site provided by Instantpay (the “Materials”) are protected by Applicable Law. As between User and Instantpay, all Materials and Instantpay’s Intellectual Property are the property of Instantpay and/or third-party licensors or suppliers. User agrees not to remove, obscure, or alter Instantpay 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 Instantpay’s services. Except as expressly authorized by Instantpay, the User agrees 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 or Instantpay’s Intellectual Property.
Parties do not accrue any rights or interest in the other Party’s Intellectual Property and use of any Intellectual Property by either Party shall be strictly for the fulfilment of and in compliance with the terms of the agreement between the Parties.
The Parties undertake that they shall not, nor will they allow others to, reverse engineer or disassemble any parts of the other’s Intellectual Property.
If Users’ have comments regarding Instantpay's services and the Site or ideas on how to improve it, please write to our 24x7 Helpdesk at firstname.lastname@example.org. Please note that by doing so, concerned User hereby irrevocably assign to Instantpay, and shall assign to Instantpay, all right, title and interest in and to all ideas and suggestions and any and all worldwide intellectual property rights associated therewith. The concerned User agrees to perform such acts and execute such documents as may be reasonably necessary to perfect the foregoing rights.
The User undertakes that:
they shall use the Intellectual Property solely for discharge of their duties under the Applicable Agreement,
they shall use Intellectual Property of other party only in the form and manner stipulated by such other party,
they shall seek prior written consent from other party for use of such party’s Intellectual Property which is not previously provided for by such Party,
they shall bring to other party’s notice all cases concerning such party’s Intellectual Property’s (a) infringement, (b) passing off, (c) registration, or (d) attempted registration,
they shall render to other party all assistance in connection with any matter pertaining to the protection of such party’s Intellectual Property whether in courts, before administrative agencies, or otherwise,
they shall refrain from taking any action which shall or may impair other party’s right, title or interest in the Intellectual Property, or create any right, title or interest therein or thereto, adverse to that of the other party,
they shall not use or permit to be used the Intellectual Property by any unauthorized person, and
they shall not misuse the Intellectual Property or use it together with any other mark or marks.
The User shall keep Confidential Information as confidential. The User confirms that it shall protect Confidential Information with such security, confidentiality and degree of utmost care as it would prudently apply to its own confidential information and use it solely in connection with the transaction to which the Confidential Information relates. The User acknowledges and agrees that it is aware of the sensitivity & secrecy involved in keeping the customer data/information and transaction records and shall ensure that neither the User nor their employees, directors etc. will do any act to violate the same.
The User hereby agrees that it shall not disclose any Confidential Information received by it without the prior written consent of the Company to any third party at any time. Provided however, that either Party may make the following disclosures for which no consent shall be required from the other Party:
(a) Disclosures to its directors, officers, employees, affiliates/subsidiaries/group/holding companies, third party service providers and any employees thereof that it reasonable determines need to receive the Confidential Information;
(b) Disclosures to its legal and other professional advisers, instructed by it that it reasonably determines need to receive the Confidential Information; or
(b) Disclosures to any person to whom it is required by law or any applicable regulatory, supervisory, judicial or governmental order, to disclose such information, or at the request of any regulatory or supervisory or judicial or government authority.
Instantpay reserves the right to suspend or terminate the User’s access to Instantpay Platform and Services without prior notice and without any liability to the User or any third party, in the event,
(b) the User is engaged or is suspected to engage in any restricted, illegal, fraudulent or abusive activity;
(b) the User provides any information which is incomplete, inaccurate or false or Instantpay has reason to believe that such information is incomplete, inaccurate or false.
Any suspension/termination of the User’s access to Instantpay Platform and Services shall be without prejudice to Instantpay’s right to exercise any other remedy available to it under the applicable law.
GOVERNING LAW .
FORCE MAJEURE .
NOTICE. Instantpay may provide Users with notices and communications by email, regular mail, or posts on the Instantpay website(s) or by any other reasonable means. Except as otherwise set forth herein, notice to Instantpay must be sent by courier or registered post to the Legal Department, Instantpay India Limited, 1st Floor, B1/A5, Mohan Cooperative Industrial Estate, New Delhi - 110044, India.
InstantPay India Limited (“InstantPay”, “we”, “us”, “our”), respects every
right to privacy and it is our endeavour to protect their personal and Sensitive personal data or
information (defined below).
Account with InstantPay) and users (i.e. those who have an Account with InstantPay) (collectively
to as “User”) who share their personal and Sensitive personal data with us, while
visiting, accessing, browsing and using our website and mobile application (collectively referred to as
“Website”). The purpose of this Policy is to inform Users regarding collection, use,
storage, transfer and disclosure of their data. Before submitting any information to us, please
read this Policy to understand how we shall treat your information.
The User acknowledges that this Policy is a part of InstantPay’s Terms & Conditions available at Terms & Conditions and all
continuous use of the Website constitutes the User’s unconditional consent to this Policy read together
use our Website. This Policy can be easily accessed at various places on our Website, including but not
limited to when Users create an account with us on our Website.
InstantPay reserves its right to modify, alter, and update this Policy at any time, with or without
notice. Although, Users shall be notified of material changes through their registered email address or
any other mode of communication available with us, it is advised that they consult this Policy regularly
to be updated about the changes. If a User continues to use or avail the services of the Website after
modification, amendment, alteration or change of this Policy, irrespective of whether notice was sent to
the User or published on the Website, such User is hereby deemed to provide consent to this Policy and
InstantPay’s other Policies and practices existing at the time of visiting, accessing and/or using the
This Policy is published in compliance of:
Section 43A of the Information Technology Act, 2000
Regulation 4 of the Information Technology (Reasonable Security
Practices and Procedures and Sensitive Personal Information) Rules, 2011 (“SPI
SPI Rules define “Personal Information” as any information that relates to a natural person,
either directly or indirectly, in combination with other information available or likely to be
available with a body corporate, is capable of identifying such person. Such information includes
name, address, mobile number, etc.
Sensitive personal data or information
SPI Rules define “Sensitive personal data or information” of a person as personal information
consists of information relating to:
financial information such as bank accounts or credit card or
card or other payment instrument details;
physical, physiological and mental health condition;
medical records and history;
any of the information received under above clauses by body
corporate for processing or storage under lawful contract or otherwise.
Information which is freely available in the public domain or furnished under the Right to
Information Act, 2005 or any other law shall not be regarded as sensitive personal data or
“Payment Data” is defined as end-to-end transaction details and information pertaining to payment
or settlement transaction that is gathered / transmitted / processed as part of a payment message /
instruction. Payment Data includes - Customer data (Name, Mobile Number, email, Aadhaar Number, PAN
number, etc. as applicable); Payment sensitive data (customer and beneficiary account details);
Payment Credentials (OTP, PIN, Passwords, etc.); and, Transaction data (originating & destination
system information, transaction reference, timestamp, amount, etc.).
Consent for collection of Personal Information
Users provide their consent to the use, disclosure, storage, possession, receiving, dealing or handling
of their Personal Information by accessing, browsing, or availing services on the Website.
In accordance with Rule 5 of SPI Rules, Users provide their specific consent to the use, disclosure,
storage, possession, receiving, dealing or handling of their Sensitive personal data or information for
lawful purposes enumerated in this policy through checking the box affirming such consent appearing at
time of creation of their Account on the Website.
InstantPay presumes adequate and lawful parental consent in case the Personal Information or Sensitive
personal data or information is shared by a User under the age of 18 years.
Types of information we collect
The Users who access and use our Website are required to submit certain Personal Information and
Sensitive personal data or information for creating an Account, entering into transactions with us and
obtaining customer support services. Personal Information and Sensitive personal data or information
may be collected by us includes:
full name and age;
username and password;
password of User’s account registered with us;
internet protocol (IP) addresses (through cookies);
URL of website accessed prior to and post Users’ accessing our
credit/debit card number, credit/debit card expiration date and/or
other payment instrument details;
User’s feedback, queries, e-mails, letters, suggestions provided to
third party information about concerned User’s activities or postings
on the Website;
Information about the mobile/tab device the App is installed on or mobile device
any other information relevant for accessing and using our Website as
maybe required by us.
Purpose of collection
We shall collect your Personal Information or Sensitive personal data or information only for specific,
clear and lawful purposes. These include:
to give the User a safe, efficient, smooth and personalised
while using our Website;
to improve our services and products;
to respond to your queries or complaints generally related to our
to send promotional emails containing information about our existing
and new products/services, newsletters, notify changes in this Policy or other policies etc;
to analyse the traffic on our Website and conduct market research
regarding users’ demographics, interests, and behaviour;
to create new products and services;
to provide customer support services;
to detect, prevent and address error, fraud, criminal activity, abuse
of our services and technical issues;
to enforce Terms of Conditions;
to provide co-branded services in affiliation with more than one
other such lawful purposes as described at the time of collection of
Personal Information or Sensitive personal data or information.
How information is collected
We collect information which the User voluntarily provides us at the time of visiting, accessing,
browsing and using our Website, our social media profiles, and customer support service. We also collect
data automatically by analysing your online behaviour (through cookies).
The User has an option to not provide us with certain information or withdraw consent to provide
information at any time, in accordance with the terms of this Policy. In case consent is withdrawn, we
shall retain your Personal Information or Sensitive personal data or information for a period deemed
appropriate by us or as mandated by law. On revoking of your consent, we reserve the right to limit
to the various features and services provided on the Website.
Disclosure of information
You expressly consent to and authorize us to share your Personal Information and Sensitive personal
or information with our trusted affiliates and any other third party, to the extent and for the lawful
purposes as stated in this Policy. We shall not disclose any Personal Information or Sensitive personal
data or information to any government institution or authority, except where such disclosure is (i)
obligated by law, (ii) requested by a lawfully authorized government authority, (iii) pursuant to a
judicial decree, (iv) for enforcing and protecting the legal rights of InstantPay or others’, (v) for
seeking any relief, (vi) for defending any charge, (vii) for opposing any claim, (viii) for enforcing
share or transfer your Personal Information or Sensitive personal data or information to a third party
to any change in ownership, merger, restructuring or sale of our business assets.
To improve the effectiveness and usability of the Website for our Users, we use “cookies”, or similar
technology to collect information and assign each visitor a unique random number called as a User
Identification (User ID) in order to understand the User's individual interests. Our web servers
automatically collect limited information about the User’s computer connection to the Internet,
User’s IP address, when the User visits the Website (User’s IP address is a number that lets computers
connected to the internet know where to send data to the User such as the web pages viewed by the User).
Users may encounter “cookies” or other similar devices on certain pages of the Website that are placed
liability associated thereto.
Links to other websites
The Website provides links to other websites which may or may not collect information about the User.
User acknowledges that this Policy does not cover the collection and use of information by such sites
that we shall not be responsible for the privacy policies, practices or content of the linked websites.
Correction and updation of information
The User shall promptly notify us in case any Personal Information or Sensitive personal data or
information supplied by such User as maintained in our records is inaccurate, misleading or incomplete.
Further, the User may also review, update or modify the information by logging into their Account on the
Website. We shall not be responsible for the authenticity of Personal Information or Sensitive personal
data or information supplied by a User.
Retention of information
Your Personal Information and Sensitive personal data or information may be retained and used until:
the relevant purposes for the use of your information described in this Policy are no longer applicable;
and (ii) we are no longer required by applicable law, regulations, contractual obligations or legitimate
business purposes to retain your information; and (iii) the retention of your information is not
for the establishment, exercise or defense of any legal claim.
InstantPay may send direct mailers to the User at the email address given by the User. The User has the
option to opt-out of this direct mailer by way of links provided at the bottom of each mailer or any
means as InstantPay deems appropriate. InstantPay respects every User’s privacy and in the event that
chooses to not receive such mailers, InstantPay will take all steps to remove the User from the list. If
User wants to remove his/her/it’s contact information from all mailing lists and newsletters, the same
be done through “Profile” page of his/her/it’s account with InstantPay.
We use third-party advertising companies to serve ads when you visit our Website. These companies may
your anonymized information (i.e. information which does not include your name, address, email address
mobile number) in order to provide advertisements about goods and services of interest to you. Such
anonymized information is usually in the form of aggregated statistics on traffic to various pages
In compliance with Reserve Bank of India’s circular RBI/2017-18/153
dated April 6, 2018, all Users, including system participants, service providers, intermediaries,
gateways, third party vendors and other entities in the payments ecosystem, who are retained or engaged
InstantPay for providing payment services shall mandatorily store entire Payment Data in systems located
only in India. Notwithstanding the above, for cross border transaction data, consisting of a foreign
component and a domestic component, a copy of the domestic component may also be stored abroad, if
How we secure the information
The Website has put stringent security measures necessary to prevent misuse, unauthorised access,
modification, disclosure or destruction of your Personal Information and Sensitive personal data or
information in our control. All information collected by us is stored on servers secured behind a
firewall; such servers are password-protected and access is strictly limited based on need-to-know
We may undertake periodic review of our security safeguards and this Policy to incorporate such future
changes as may be appropriate to ensure that integrity of your Personal Information and Sensitive
data or information is intact. In case of any security breach which is likely to cause harm to the User,
we shall notify the User of such breach as soon as practicable and take necessary measures to remedy the
breach or mitigate any immediate harm.
If you seek any clarifications regarding this Policy or wish to raise any issue or grievance with
to illegal access, use or disclosure of Personal Information, please e-mail at email@example.com
We shall attempt to resolve any issues within a period of thirty (30) days from the date of receipt of
the question, concern, grievance or report.
InstantPay believes that excellence in customer service is an important imperative for sustained
business growth. As a
service organization, customer service and customer satisfaction are our prime focus. Our goal is to
ensure that our
customers receive exemplary service across all our touch points. This policy encompasses a
redressal mechanism and a framework for addressing customer grievances/complaints.
InstantPay will treat the customers in a transparent and fair manner, and will deal with customer
courtesy and in a timely manner.
Redressal Mechanism for grievances:
The customer can contact the below mentioned two levels for effective resolution of their
||Less than 24 hours
||24x7 Customer Service
||Less than 48 hours
||Manager - Customer Service
If customer’s issue is not resolved even after contacting the above complaint
in the timelines
mentioned above or the customer is not satisfied with the response, the Complaint may be escalated
the Nodal officer
||Less than 72 hours
Report a Fraud:
In case of any fraudulent or unauthorised transaction the customer can directly report to
firstname.lastname@example.org or can call
the helpline no. 011-40849944.
MITC - Yes Bank Cards
Prepaid Payment Instrument (“PPI”): PPIs (Card/wallet) are payment instruments that facilitate purchase of goods and services,including financial services, remittance facilities etc. against the value stored on such instruments.
Know your Customer (“KYC”): The guidelines adopted by the Bank to identity the customer and verify the identity of the customer.
Personal Identification Number (“PIN”): PIN is a numeric password which is part of the kit handed over to customer by the bank while issuing the PPI.
Holder: Individuals/Organizations who obtain/purchase PPIs from Bank and use the same for purchase of goods and services, including financial services, remittance facilities etc. against the value stored on such instruments.
Obligation of the Prepaid Customer who purchases Prepaid Instrument from the Bank:
Prepaid Instrument (PPI) shall be issued to a Customer at the sole discretion of the Bank post complying with “Know Your Customer” guidelines.
The Bank shall levy fees for issuance/usage of the Prepaid Instrument as per Schedule of Charges displayed on Bank/Partner website and available as part of the “Terms & Conditions” on our website i.e. www.yesbank.in.
The Bank shall issue a PIN to Customer for operating the PPI (Card/wallet). The Customer shall take reasonable precaution to prevent misuse of the PIN. The Customer shall be solely responsible for any consequences arising directly or indirectly out of the disclosure of the PIN and/or unauthorized use of PPI as a result of any misuse for want of reasonable care and precaution. The Customer disclaims liability of the Bank for any unauthorized use of Prepaid Instrument and for any loss or damage incurred directly or indirectly as a result of such misuse.
The Customer shall be responsible for safe custody of the Prepaid Instrument. In case of loss or theft of the Prepaid Instrument or misuse of the Instrument, the Customer shall immediately inform any of the branch/customer care of the Bank. Customer shall be responsible and liable for all unauthorized transactions till the time customer reports the unauthorized transaction to the Bank. A new Instrument shall be issued to the Customer, in lieu of lost/stolen Prepaid Instrument upon request in writing and payment of applicable fee as per the Schedule of Charges.
The PPI can be used at any of the YES BANK ATMs or network ATMs for permitted transactions depending on the type and features of the PPI. The charge slip dispensed by the ATM during usage of the PPI shall not be construed as an evidence of the transaction. The records of transactions maintained by the Bank shall be conclusive and binding for all purpose.
The Bank shall not pay any interest on the balance outstanding in the Prepaid Instrument at any point in time.
The Bank will intimate the Customer through a SMS on the registered mobile number, 45 days prior to expiry of validity period of the PPI. Customer needs to utilize the balance amount prior to expiry of the instrument. In case Customer does not utilize the balance amount within the validity period, the Customer can approach the bank for refund/transfer of outstanding balance. In case the Customer does not approach the bank within a specified period as prescribed by regulator, the outstanding balance will be transferred to a fund in compliance with the regulatory guidelines.
Any claim for compensation made by the customer shall be settled purely as per the provisions of the Compensation Policy of the Bank.
All card holders will be covered under Customer liability policy of YES BANK. For more details on customer liability policy please refer to Bank’s website - www.yesbank.in
: The Customer hereto shall keep strictly confidential all information including but not limited to that which may be disclosed or confided to it by the other in the course of the performance of the obligations (“Confidential Information
”) under this ‘“Terms and Conditions”’. The Customer shall not disclose Confidential Information to any third party without prior approval of YES BANK. This clause shall survive the termination of PPI issued by YES BANK. Information may not be considered as Confidential Information is the same is:
Already in public domain;
Required to be disclosed by the Customer under any laws, rules or regulations or pursuant to the order or direction, of any Court, authority, tribunal or forum.
Change in information: The Customer shall also inform YES BANK/Partner of any change in the Customers mailing address. Further, the Customer shall also inform YES BANK about any change in the details such as name, telephone number, or mobile number.
Prohibition against assignment: The functions, rights or obligations under these ‘“Terms and Conditions”’ shall not be assigned or delegated to any party or person by the Customer without the express prior written consent of YES BANK. Any purported assignment or delegation is contravention of the terms under this ‘“Terms and Conditions”’ and shall be null and void.
Suspension or Termination or Cancellation or Discontinuance of the PPI
: YES BANK may, if it is satisfied that it is necessary to do so, at any time and on such conditions as it thinks fit, suspend or deny or terminate the PPI under the following circumstances:
In the event of the Customer being declared insolvent or in the event YES BANK receives any notice/intimation about the death of the Customer;
In the event of the Customer committing breach of any of the terms, conditions, stipulations or its obligations under these “Terms and Conditions”;
In the event of any restriction imposed on the Customer by an order issued by any regulatory authority or a Court in India or by any investigating agency.
Indemnity: The Customer shall indemnify and keep YES BANK, its directors, officers, employees and agents indemnified of, from and against any cost, expenses, charges, which YES BANK is required to incur or has incurred to defend any such claim, suit, demand, prosecution, proceedings, due to any act of omission or commission, fraud, negligence or default on the part of the Customer as a holder of the Prepaid Instrument.
Force Majeure: Notwithstanding anything contained herein, YES BANK shall not be liable to the Customer for any harm, loss, damage or injury caused due to causes beyond its control such as tide, storm, cyclone, flood, lightning, earthquake, fire, blast, explosion or any other act of God, war, rebellion, revolution, insurrection, embargo or sanction, blockade, riot, civil commotion, labor action or unrest including strike, lock-out or boycott, interruption or failure of any utility service, enemy action, criminal conspiracy, act of terrorism or vandalism, sabotage, hacking, unanticipated technological or natural interference or intrusion, loss or damage to satellites, loss of satellite linkage or any other data communications linkage, loss of connectivity or any other irresistible force or compulsion.
Service of Notice: Any notice or communication required to be given under this “Terms and Conditions” shall not be binding unless the same is in writing and shall have been served by hand delivery against acknowledgement or by registered post at the Registered Office address of YES BANK Limited (in case a notice is to be served to YES BANK) and to address recorded with YES BANK in case notice is to be served to the Customer.
Contact Centre details
: In case of any queries, please call the tollfree number 18001035485
or write to us at www.yesbank.in
: Any complaint, dispute, grievance would be addressed to YES BANK in accordance with the Bank’s Grievance Redressal policy.
The User is hereby informed that YES BANK is covered under the Banking Ombudsman Scheme, 2006 of the Reserve Bank of India. Under this scheme, any grievance against the Bank, if not addressed within 30 days can be addressed to the Banking Ombudsman of the concerned city. Please follow the below link for contact details of the Ombudsman: https://www.rbi.org.in/Scripts/bs_viewcontent.aspx?Id=164
Governing Language: All deeds, documents and writings that may be executed and all correspondence that may be exchanged between the Customer and YES BANK hereto in relation to the subject matter of this “Terms and Conditions” shall be in English language, which shall be the governing language between the Customer and YES BANK hereto.
Governing Law and Jurisdiction: The use of Prepaid Instrument by the Customer shall be governed in all respects by the laws in force in India. The Customer agrees to submit to the exclusive jurisdiction of the courts in Mumbai. These “Terms and Conditions” shall be subject to Government notifications, any rules, regulations, guidelines and circulars/notices issued by YES BANK and rules, regulations, bye Laws, Operating Instructions and circulars/communiqués/notices issued by the regulator.
Change of “Terms and Conditions”: YES BANK reserves the right, in its sole and absolute discretion to amend, delete, modify, vary, or supplement any of the “Terms and Conditions” at any time and will endeavor to give prior notice of seven days for such changes.
Please refer to the exhaustive “Terms and Conditions” displayed on the website of YES BANK for the latest and comprehensive applicable “Terms and Conditions”. The customer shall be deemed to have read and understood the exhaustive “Terms and Conditions” while dealing with YES BANK.
T&Cs - Digi Kendra
1. DIGI KENDRA TERMS AND CONDITIONS
InstantPay India Limited (“InstantPay”) is a neo-banking platform delivering full-stack banking services
to individuals and businesses. InstantPay is authorised by multiple banks to act as a Corporate Business
Correspondent (“CBC”) and appoint Agent Business Correspondents (“ABC”) to deliver mainstream
financial and citizen services to Customers under the guidelines issued by RBI vide
RBI/2010-11/217 DBOD. No. BL.BC.43/22.01.009/2010-11 dated September 28, 2010, and the related constraints therein, with such further changes as may be initiated by the RBI respectively from time to time.
“Digi Kendra(s)” shall mean and include the Users registered on the InstantPay Platform who are authorised by InstantPay and the Bank to operate as ABC(s) under the above-mentioned guidelines for providing banking and citizen services envisaged in these Digi Kendra Terms and Conditions. Digi Kendras shall also be known as RSP’s (Retail Service Providers) if appointed by InstantPay for booking eTickets through IRCTC website or through their own web services portal.
These Digi Kendra Terms and Conditions (“Digi Kendra Terms and Conditions”) as set out below are in addition to the Terms and Conditions as set out above and are applicable to all the Digi Kendras registered on the InstantPay Platform.
DIGI KENDRA OBLIGATIONS AND DUTIES
The Digi Kendra shall only undertake the activities in accordance with all the applicable Terms, relevant regulations and standard operating procedures issued by the Bank or the Regulators from time to time.
The Digi Kendra shall take an appropriate insurance policy in order to protect itself from any business impediments, financial and non-financial risks.
The Digi Kendra shall operate at its own cost as may be required by the Company or the Bank to effectively deliver the services to the Customers.
The Digi Kendra shall ensure that any additional resource(s) engaged by the Digi Kendra, subject to prior written approval from the Company, are selected through a process found suitable by the Company for providing the services in a timely and efficient manner.
The Digi Kendra shall be solely responsible for compliance with all applicable labour laws in relation to the personnel it employs along with the associated costs. InstantPay will not have any right, obligation or responsibility whatsoever to control, supervise or manage the Digi Kendra’s employees, agents or independent contractors.
The Digi Kendra may utilize any third-party software other than the Software for providing the Services only after prior written permission of the Company. The Digi Kendra shall ensure that such third-party Software is validly licensed, procured and installed. It shall ensure that the use of third-party Software shall not affect or damage InstantPay’s Software.
The Digi Kendra shall act prudently in accordance with these Terms and Conditions and shall exercise all due diligence in carrying out its duties and obligations under these Terms and Conditions. The Digi Kendra agrees that they will preserve the data in accordance with the legal/regulatory obligations of the Company and as required under various circulars, guidelines, notifications etc. issued by the Bank or other regulatory authorities.
The Digi Kendra shall not exercise any lien or right to set-off or appropriation on any of the assets, properties, documents, instruments or material belonging to the Company and/or the Customers and/or non-Customers in the custody of the Digi Kendra for any amount due or claimed to be due by the Digi Kendra from the Bank.
The Digi Kendra shall promptly provide the details provided by the Company indicating the charges (if any) for the Services rendered to each and every Customer. The Digi Kendra shall ensure that the charges for offering Services are clearly communicated to the Customer prior to rendering the services.
The Digi Kendra shall not charge any fee from the Customer either directly or indirectly or on behalf of the Company over and above the fee specified by the Company from time to time.
The Digi Kendra undertakes to perform the Services in accordance with the instructions provided by the Company from time to time.
The Digi Kendra undertakes that any software or hardware used by the Digi Kendra shall comply with the industry standards and will be updated regularly.
The Digi Kendra shall immediately notify the Company of any breach of security and leakage of confidential information. In such eventualities, the Digi Kendra shall be liable for all the damages and repercussions.
The Digi Kendra shall familiarize itself with the Grievance Policy
Company; the Digi Kendra
this policy to each and every Customer and shall notify the Company within the specified time
period of any
claims/complaints/grievances made by the Customers.
The Digi Kendra undertakes that any Customer information taken shall be strictly protected as per the Terms and Conditions and the Digi Kendra would not source any other personal sensitive information from the Customers.
In no event shall the Digi Kendra indulge or enter into any financial transaction with any of the InstantPay employees, associates, agents and/or personnel. InstantPay shall not be liable for any damages, losses (direct or indirect) whatsoever caused to the Digi Kendra arising out of such transactions.
The Digi Kendra shall treat all the Customers with dignity and respect and shall not resort to any kind of intimidation or harassment, either verbal or physical against any person.
If any legal proceeding is instituted by any Customer, the Digi Kendra shall immediately intimate the same to the Company and provide all documents and information to enable the Company to take appropriate action. The Company shall not be liable for any dispute arising between the Digi Kendra and any other entity / third party. The Digi Kendra shall not make any representation to the Customers or otherwise give any warranties other than those contained in the standard terms and conditions laid down by the Company.
InstantPay shall from time to time authorise certain Digi Kendras for cash management activities and to further extend the reach of banking services to the Customers for greater financial inclusion. Such Digi Kendras shall:
Collect and/or dispense cash at other Digi Kendra outlets in the assigned territory to ensure uninterrupted delivery of banking and citizen services to the Customers as per the mutually agreed terms.
Confirms that it assumes all the risks associated with cash logistics and shall take an appropriate insurance policy in order to protect itself from any business impediments, financial and non-financial risks.
Be solely responsible for providing genuine currency to all the Digi Kendras and hence to the Customers towards the Transactions performed and the Company shall not assume any responsibility in this regard.
Ensure that the credit or debit against the cash collected or dispensed to the other Digi Kendra(s) happens on an immediate basis at the time of handing over the cash.
IRCTC OBLIGATIONS FOR DIGI KENDRAS
MANDATES FOR BOOKING
The Digi Kendra must ensure that the transaction (Booking or cancellation) is done with the complete knowledge and acceptance of the customer.
It is mandatory for all Digi Kendras to maintain the written/ electronic requests of the customer and also keep a copy of the ID proof from the customers for both booking & cancellation of the tickets at the Digi Kendra outlet for a period of six months. These requests are to be preserved for a period of six months. The details of the customer should be provided to InstantPay or IRCTC as and when required. In the absence of written request and/or ID proof, a penalty of Rs. 5,000/- + Taxes per case will be imposed.
The mobile number of the customer or one of the passengers(s) while booking the ticket is mandatory. Mobile number of the passenger(s) must be indicated correctly on the ERS. Digi Kendra should ensure that mobile number of passengers has been correctly filled in. In case of violation of the same a penalty of Rs. 5,000/- + Taxes per case will be imposed.
The Invoice should contain details like Railway Fare, IRCTC’s service charges, agent's service charges, payment gateway charge.
MANDATES FOR FILING TDR/REFUND
In the absence of written request/soft copy of the customer for filing TDR Claim, a penalty of Rs. 5000/- + Taxes per case will be imposed.
If cash cards are used, it is pertinent to retain the exhausted cards for refunds, if any.
Digi Kendra must refund the money as per cancellation rules to the customer immediately in all cases.
In case of refund of eTickets which could not be cancelled on website and TDR has been filled, the agent must inform the customer about the TDR refund process, take contact details & remit the refund to the customer as and when it is credited in the Digi Kendra’s account.
TDR refund status can be checked by Digi Kendra from InstantPay Portal.
The Digi Kendra should refund the TDR claim amount to the customer within 5 working days after the same is received from InstantPay.
If the TDR claim amount is not refunded to the customer within the prescribed time limit and the same is not returned to IRCTC, it will be treated as non-refund to customer and penalty shall be imposed as per the provisions mentioned hereunder.
Along with the refund, the refund details must be provided to the customer during cancellation.
No advertisement in any form whether in print or press media is to be issued without prior permission from InstantPay in writing.
Collection of extra charges in any form whether for cancellation of the ticket or checking the availability status from the customers forbidden.
Booking of I-tickets or counter tickets is prohibited & punishable with minimum punishment of immediate deactivation of the user id.
Sharing of access credentials to web services and engagement with any other third party in any manner whatsoever to sell e-tickets by any mode or manner including an e-commerce platform operating through a website or smartphone application or tablet application is strictly prohibited. Transfer/sharing of Digi Kendra ID given to Digi Kendras by IRCTC is prohibited and InstantPay will initiate action against the agent group if found guilty in such matters.
Digi Kendras should book tickets using only IRCTC provided agent ids. Digi Kendras if found to be using wrong id/Personal User Ids for commercial gains, then their ids will be deactivated immediately as well as punitive/Legal action will be taken against them.
Transfer & re-sale of Tickets is punishable under Indian Railway Rules under Sec.142.
IRCTC’s logo should not be used in Visiting Cards, Letterheads, and Pamphlets or in any other forms unless approved by InstantPay or IRCTC.
Booking of benami eTickets is strictly prohibited (anybody doing so will be prosecuted).
Blocking of accommodation by giving fictitious names in any train is strictly prohibited. As per the Indian Railways Act-1989 blocking of accommodation is a criminal offence and is punishable.
Modification/Alteration/Tampering the Electronic Reservation Slip (ERS) is strictly prohibited. Any such act will be considered as a criminal activity and is punishable u/s 420 of the Indian Penal code, if brought to the notice of InstantPay.
To not sell e-tickets booked through personal IDs for commercial purpose in any manner, whatsoever.
All fraudulent activities like Overcharging, booking tickets through personal user id’s, creating multiple Personal user id’s, sharing of access credentials/RSP ID, Booking/cancellation of e- tickets in connivance with middle men/Third party, besides other irregularities, will be dealt strictly. Punitive action will be taken for any misconduct/Irregularities/Non-compliance of these terms and conditions.
The penalties for Irregularities/Misconduct/Non-Compliance of RSPs will be as under:
||Nature of Irregularities
|1. Major Irregularities
Software Tampering: Any activity restricted by InstantPay like Cases such as:
Sharing of Access credentials, White Labelling, unauthorized branding, Tatkal Robot Facility, saving booking form either at server or at client machine or allowing Tatkal form to be opened before stipulated Tatkal time or during the banned time period, use of technology for gaining unfair advantage in Ticket booking, technical problems like making changes without proper testing etc.
Misuse of InstantPay Portal: Any activity restricted by InstantPay like cases such as:
Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative work forms, transfer or sell any information from InstantPay Portal.
A penalty of Rs. 25 lakh + Taxes will be imposed per case on the RSP and RSP will be suspended permanently.
Cases involving cyber act violations will be reported to Cyber Crime Police as well as RPF (Railway Protection Force).
A penalty Rs.10 lakh + Taxes will be imposed per case on the RSP will be suspended permanently.
Cases involving cyber act violations will be reported to Cyber Crime Police as well as RPF (Railway Protection Force).
Un-authorised access – Cases such as: Sharing of access credentials to web services, Sharing of RSP ID, Engagement with any other third party in any manner whatsoever to sell eTickets by any mode or manner including a e-commerce platform operating through a website or Smartphone application or tablet application, Unauthorized Sale/Transfer of Agency, etc.
A penalty of Rs.20,000/- + Taxes per case, of a complaint, will be imposed on the RSP ID of such outlet will be permanently deactivated
Cases involving cyber act violations will be reported to Cyber Crime Police as well as RPF
Point of sale fraud – Cases such as: Overcharging, non-payment of refunds like TDR refund claims, non-refund of cancellation amount within the stipulated period, charging of cancellation charges, False TDR Claim.
A penalty of Rs.20,000/- + Taxes per case, of a complaint, and
A penalty of double the amount of such overcharging/non-payment + Taxes will be imposed on RSP.
The RSP ID of such outlet will be permanently deactivated.
Case will also be referred to RPF if found indulged in touting activity using personal ID.
Non-compliance of Booking/cancellation mandates – Cases such as: Faking as a normal user and booking on website using multiple personal user Ids for commercial gains, Manipulation of ERS, sale of I tickets/Counter tickets, Booking of benami tickets, Transfer or resale of tickets, blocking accommodation giving fictitious names, cancellation of ticket without the knowledge of customer, Non filing of TDR on request of Customer, Booking/cancellation of tickets in connivance with middlemen/Third party. Booking request/collection of payment from Unauthorized web-based platform.
A penalty of Rs.20,000/- + Taxes per case, of a complaint, will be imposed on the RSP ID of such outlet will be permanently deactivated
Case will also be referred to RPF if found indulged in touting activity using personal ID
|2. Minor Irregularities
Cases such as:
Any RSP outlet, if found without proper display of sign board indicating the InstantPay IRCTC service instructions viz Service charges, Payment gateway charges, without registration certificate being displayed;
Non issuance of money receipt by RSP;
Any advertisement in print or press media without prior permission from InstantPay in writing;
Misuse of InstantPay or IRCTC LOGO without prior permission from InstantPay.
In the first instance, a penalty of Rs.5,000/- + Taxes per case, of a complaint, will be imposed on RSP with a warning to RSP.
In the second instance, a penalty of Rs.5,000/- + Taxes per case, of a complaint, will be imposed on the RSP and RSP ID will be permanently deactivated.
Cases such as:
In the absence of written request/Electronic request of customer for booking/cancellation of e-ticket.
If correct Mobile No. of one of the passengers is not mentioned at the time of booking
A penalty of Rs. 5,000/- + Taxes per case, of a complaint, will be imposed on RSP.
The payment mechanism for settlement of the fee payable by the Digi Kendra or the Company as applicable shall be as follows:
The Company shall make available to the Digi Kendra a report in electronic form setting forth the following information relating to each Transaction: The Transaction amount, date and time of the Transaction, Transaction serial number, Service Provider identification and response code ("MIS"). The MIS shall be made available to the Digi Kendra via an online portal. The format and controls on the portal and process will be as provided by the Company and as updated from time to time.
The Digi Kendra shall maintain sufficient credit/balance with the Company so as to enable each Transaction to be carried out smoothly. The Company reserves the right to decline any Transactions done over and above the balance of Digi Kendra available with the Company.
The Digi Kendra hereto agrees that any payment instructions for Transactions accepted by the Digi Kendra as per the terms hereof which are subsequently disputed due to (a) the authorization by the Digi Kendra of any Transaction with an amount exceeding the Digi Kendra’s account balance or credit limit, or (b) the authorization by the Digi Kendra of a fraudulent Transaction, shall always be the liability and responsibility of Digi Kendra.
The Digi Kendra hereby acknowledges and agrees that InstantPay is a facilitator for payment processing services which are requested and authorized by Digi Kendra and InstantPay shall not be responsible for any unauthorized transaction done by any person including third party and amounting to infringement of another’s rights or any chargebacks claimed by the Customers. It will be the responsibility of Digi Kendra to ensure due protection while transacting online or otherwise. InstantPay will assist the Digi Kendra in settling any queries related to the Services that arise between the Digi Kendra and its Customers and any other Digi Kendra. However, InstantPay shall bear no responsibility with respect to the dispute or query related to the payment made by the Customers to the Digi Kendra.
On the receipt of the Chargeback from the customer, Digi Kendra shall be notified by the Company. The Digi Kendra shall be entitled to furnish documents and information pertaining to the Transaction associated with the Chargeback within one (1) working day or such other period as specified by the bank whichever is higher. The Digi Kendra agrees and acknowledges that (i) if the Digi Kendra is unable to furnish Chargeback Documents (ii) the bank is not satisfied with the Chargeback documents furnished by the Digi Kendra, then the bank shall be entitled to order the InstantPay to affect a reversal of the debit of the Chargeback Amount associated with the Chargeback such that the said chargeback amount is credited to the Customer’s Payment Instrument.
DATA SECURITY AND STORAGE
The Digi Kendra shall comply with the provisions contained in the Information Technology Act, 2000 and the statutory rules framed thereunder, from time to time, in so far as the same has applied to its operations in accordance with all these Terms and Conditions, and also with all other Laws, rules and regulations, whether already in force or which may be enacted from time to time, pertaining to data security and management, data storage, sharing and data protection, and various rules, regulation and provisions as may be applicable, as and when the same is enacted into law and comes into force, and shall ensure the same level of compliance by all its employees.
The Digi Kendra confirms and certifies that it will never engage in any acts that violate any laws and regulations. It shall also ensure that the financial data or any other information of the Customers received by the Digi Kendra are stored in a system only in India. This data shall include a full end to end transaction details/information collected/carried/processed as part of the message/payment instructions.
The Digi Kendra agrees that InstantPay, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate the account (or any part thereof) or the use of the InstantPay Platform. InstantPay may also in its sole discretion and at any time discontinue providing access to the InstantPay Services, or any part thereof, with or without notice. Digi Kendra agrees that any termination of the access to the InstantPay platform may be affected without prior notice, and Digi Kendra agrees that InstantPay shall not be liable to the Digi Kendra or any third party for any such termination or interruption. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies InstantPay may have at law or in equity. Upon termination for any reason, Digi Kendra agrees to immediately stop using the InstantPay Services and Platform.