InstantPay Policies

Image Description

Terms & Conditions

THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF THE INFORMATION TECHNOLOGY, ACT, 2000 AND RULES MADE THEREUNDER. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES. THESE TERMS & CONDITIONS WERE UPDATED ON 03 December 2019 (hereinafter referred to as the “Agreement”/ “Terms of Use”)

1. INTRODUCTION ON THE SCOPE OF THE AGREEMENT

TERMS AND CONDITIONS CONSTITUTE LEGAL CONTRACT. The terms stated herein including any additional guidelines and/or future modifications to this Agreement read together with the Privacy Policy, available at www.instantpay.in shall constitute a legal contract between any person utilizing InstantPay’s services (“User”) of the one part, and InstantPay India Limited (“Instant Pay”/“Company”) having its registered office at 1st Floor, Mohan Co-operative Industrial Estate, Mathura Road, New Delhi-110044, of the other part (collectively referred to as “Parties” and singularly referred to as “Party”).
ACCEPTANCE OF T&Cs. By using, browsing, accessing, registering or accessing www.instantpay.in, or any mobile application developed by InstantPay (“Site”), or availing any service rendered by InstantPay, a User fully, absolutely and unequivocally agrees to comply with and abide by the Agreement.
ELIGIBILITY. InstantPay’s services are open only to persons of 18 years of age and above who have a valid e-mail address and mobile phone number. 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. If you are below 18 years of age, please exit the Site.
APPLICABILITY. The terms of this Agreement shall be applicable to Users, Business Partners, Alliance Partners and Applicable Controlled Entities, as set forth in this Agreement. This Agreement shall be deemed to be incorporated in the Applicable Agreement. Any reference to the “Agreement” shall include a reference to the Applicable Agreement and any reference to “Applicable Agreement” shall include a reference to this Agreement.
INCONSISTENCY. Notwithstanding anything contained herein, Applicable Agreement shall prevail over this Agreement in case of any inconsistency.

2. DEFINITIONS AND INTERPRETATION

In this Agreement, unless the contrary intention appears and/or the context otherwise requires, capitalized terms defined by: (i) inclusion in quotation and/or parenthesis have the meanings so ascribed; and (ii) the following terms shall have the meanings assigned to them herein below:

Alliance Partners” are individuals/sole-proprietorships/companies/LLP’s etc who have entered into a service agreement with InstantPay for offering InstantPay’s products and services through web/mobile/API or through any channel whose particulars are listed in Clause 1 of the service agreement with Alliance Partners.

Applicable Agreement” refers to service agreement in relation to Business Partners and Alliance Partners.

Applicable Controlled Entity” collectively refers to (i) Sub-Partners appointed by Business Partners, and the Alliance Partners.

Applicable Law” 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 including but not limited to Guidelines on Managing Risks and Code of Conduct in Outsourcing of Financial Services by Banks, Business Correspondent Guidelines issued by RBI from time to time, Payment & Settlement Systems Act, 2007 and rules made thereunder, Policy Guidelines on Issuance and operation of Pre-paid Payment Instruments in India.

Business Partners” are firms who have entered into a service agreement with InstantPay whose particulars are listed in Clause 1 of the service agreement.

Confidential Information” means and includes the Intellectual Property and any and all business, technical and financial information of InstantPay or of any of its affiliates that is related to any of the arrangements contemplated in this Agreement or any other agreement in which this Agreement is incorporated by reference or otherwise disclosed by InstantPay to the User any information which relates to its financial and/or business operations, including but not limited to, specifications, models, merchant lists/information samples, reports, forecasts, current or historical data, computer programs or documentation and all other technical, financial or business data, information related to its internal management, customers, products, services, anticipated products/services, processes, financial condition, employees, merchants, Intellectual Property, marketing strategies, experimental work, trade secrets, business plans, business proposals, customer contract terms and conditions, compensation/commission/ service charges payable to the User, and other valuable confidential information and materials that are customarily treated as confidential or proprietary, whether or not specifically identified as confidential or proprietary.

Customers” shall mean persons, including all body corporate, partnerships, limited liability partnerships, who are availing services, either as a consumer or otherwise, rendered by a service provider through the User using InstantPay’s products or services.

Credit” shall mean the payment made by the Business Partner/Alliance Partner to the Company to carry out transactions through the InstantPay platform.

Effective Date” shall mean the date of activation of the account of the User on InstantPay’s portal.

InstantPay Platform” shall mean and include, the platforms (website, mobile app, others) of InstantPay that the User accesses for registration and further for transacting, including all contents, services, and technology offered through the Platform.

Intellectual Property” shall mean all intellectual property used for the purpose of or in association with or in relation to the performance of this Agreement and Applicable Agreement, and includes without limitation, (a) Software, operating manuals, software code, program, instructions, specifications, processes, input methods, data or information used in relation to, or in association with, or for the operation of the software installed by InstantPay, (b) the trademarks, service marks, trade names, business names, logos, symbols, styles, colour combinations used by InstantPay during the course of its business and all depictions, derivations and representations thereof, (c) all promotional material including without limitation, advertisements, literature, graphics, images, content and the ‘look and feel’ of all of the above, (d) all information, data or material in whatever form, whether tangible or not, provided by InstantPay to the User during the course of Applicable Agreement; and (e) all techniques, formulae, patterns, compilations, processes, inventions, practices, methodology, techniques, improvement, utility model, procedures, designs, skills, technical information, notes, experimental results, service techniques, samples, specifications of the products or services, labeling specifications, rights on software, and any other knowledge or know-how of any nature whatsoever.

Merchants” shall mean individuals and/or entities registered on InstantPay platform and/or appointed by InstantPay and/or for discharging functions prescribed under these terms & conditions and/or includes Business Partners, Alliance Partners, etc.

Products” shall mean products developed by InstantPay including products permitting electronic top-ups, utility bill payments, travel bookings, delivery of various financial products, other value-added services using various devices like ATMs, POS, Mobile Apps, Internet and any other products available on InstantPay platform from time to time.

Service Provider” shall mean any entity with which InstantPay has, directly or indirectly, executed an agreement for facilitating Transactions between such entity and its Customers.

Software” shall include custom-built software that is owned by InstantPay, or software that has been licensed from third party suppliers by InstantPay and in relation to which InstantPay has obtained the right to sub-license from such third party suppliers.

Sub-Partners” shall mean individuals and/or entities appointed by the merchants on whose premises/outlets/website the Products shall be sold to the Customers, for and on behalf of the Service Providers, to facilitate completion of Transactions initiated by such Customers, through the merchants.

Transactions” shall mean and include transactions taking place between a Service Provider and its Customers including, but not limited to, electronic top-ups for various services, utility bill payments, delivery of financial products and other services of a like nature provided by the Service Provider through InstantPay’s Products.

Users” shall include individuals, Business Partner, and Alliance Partner, unless the context provides otherwise or if the context in which the term “User” has been used is inapplicable to such individual, Business Partner or Alliance Partner.

3. GENERAL TERMS AND CONDITIONS

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 identify 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. InstantPay never, under any circumstances, asks for an Account’s password. If a User has any reason to believe that his Account is no longer secure, then the User shall immediately notify InstantPay and indemnify InstantPay from any liabilities that may arise from the misuse of such a User’s Account.
PRIVACY POLICY. All information collected from a User pursuant to the provision of InstantPay’s services, and information collected by Alliance Partner, Business Partners, Sub-Partners and Merchants during the performance of this Agreement or Applicable Agreement, is subject to InstantPay’s Privacy Policy.
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 from the Account.
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 concerned User’s own risk.
BILLING AND PAYMENT. All payments made by Users directly to InstantPay, shall be made in the manner and in the quantum detailed on the User’s Account at InstantPay Platform. Users may be notified by InstantPay regarding any change in the quantum of payments to be made to InstantPay and the manner of disbursement of such payments; however Users are advised to regularly update themselves of InstantPay’s billing and payment policy by regularly visiting the Site. InstantPay shall solely decide on the payments to be provided to User and may amend the payment structure at any time without any prior notice to the User. However, after any such amendment, the detailed payment structure will be made available to the User and be effective immediately. Credit maintained by the Users with InstantPay shall be non-interest bearing and shall be forfeited by InstantPay if found lying unused for more than 365 days. The User shall keep enough Credit with InstantPay to avoid decline of transactions on the InstantPay Platform.
SALES. All sales of InstantPay’s services are final with no refund or exchange permitted. Users are responsible for details provided leading to purchase of services. If InstantPay does not deliver service within 24 hours of money being charged to a User’s payment account through a transaction on the Site, the User may inform InstantPay by sending an e-mail to InstantPay’s customer services e-mail address mentioned on the Contact Us page. . InstantPay shall investigate the case and if it is found that money was indeed charged to User’s Payment Account without delivery of the service then User may be refunded the money within 15 working days from the receipt of his e-mail.
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 (i) this Agreement or any other agreement entered by a User with InstantPay, (ii) InstantPay’s services, the Site or any Reference site, or (iii) 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, (iv) unauthorized access to or alterations of transmissions or data, any material or data sent or received or not sent or received, (v) any transactions entered into by any third person or conduct of any other third party or any infringement of another’s rights, (vi) the use of counterfeit or stolen cards, or stolen devices, or (vii) 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 3.8, 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 and agree that InstantPay has offered its products and services, set its prices, and entered into this Agreement and Applicable Agreement in reliance upon the warranty, disclaimers, and the limitations of liability set forth herein. Users acknowledge that the warranty, disclaimers, and limitations of liability set forth herein reflect a reasonable and fair allocation of risk between Users and InstantPay, and that the warranty, disclaimers, and 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 limitati
USER’S REPRESENTATIONS AND WARRANTIES. The User represents and warrants that:
it has had a full and adequate opportunity to read and review the Applicable Agreement and has had sufficient time to evaluate and investigate the provision of services under the Applicable Agreement and the financial requirements and risk associated with the same,
it has the requisite capital to set up and maintain the infrastructure as required under the Applicable Agreement,
neither the execution of the Applicable Agreement nor the performance of the User’s obligations under the Applicable Agreement will result in a violation or breach of any other agreement by which the User is bound,
neither the User nor any of the User’s employees or agents is under any pre-existing obligation in conflict or in any way inconsistent with the provisions of the Agreement or Applicable Agreement,
it has the right to disclose or use all ideas, and other information, if any, which the User has gained from third parties, and which the User discloses to InstantPay in the course of performance of the Agreement or Applicable Agreement, without liability to such third parties,
InstantPay has a right to inspect User’s business premises that are related to the provision of services under the Agreement or Applicable Agreement, and to monitor continued and ongoing compliance of the Applicable Agreement,
it shall immediately intimate InstantPay of any violation or potential violation of this Agreement by any Applicable Controlled Entity, or of other circumstances that may cause damage to the goodwill and reputation of InstantPay,
it shall maintain accurate and proper accounts of all transactions between Applicable Controlled Entity and itself in relation to discharge of duties by the Applicable Controlled Entity under the Applicable Agreement,
it shall provide periodic reports of business operations with respect to the services rendered under the Applicable Agreement to the sales executive assigned by InstantPay to the User,
it shall observe proper ethics and transparency in all its actions in the course of discharge of duties under the Applicable Agreement and shall not, in any circumstances, take any action or make any statement that may mislead any Applicable Controlled Entity/customer or prospective Applicable Controlled Entity /customer of InstantPay
it shall make all efforts to settle any disputes that may arise between Applicable Controlled Entity, or between the Applicable Controlled Entity and the consumers amicably and in the event, any such dispute is referred to a consumer forum or other competent authority, shall provide all assistance in the settlement of the dispute,
it shall bear all costs and expenses for traveling, promotional activities and other similar out-of-pocket expenses incurred in the performance of its duties under the Applicable Agreement,
it will not allow the sale of any products and/or provision of any services which are specifically restricted by InstantPay,
it is a one-point contact for all its Applicable Controlled Entities and shall be solely responsible for any fraudulent acts of the Applicable Controlled Entities,
it has complete control over its Applicable Controlled Entities and that InstantPay will not be responsible to entertain any complaints/queries received from any Applicable Controlled Entities appointed by the User,
it shall comply with all its obligations pursuant to the Applicable Agreement and ensure that all payments due from it to InstantPay are paid in a timely manner in accordance with the Applicable Agreement,
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 ensure regular and timely payment and deposit of all taxes, duties and other levies as applicable from time to time with the relevant authorities,
All costs associated with purchasing of software licenses and hardware (if any) are to be absolutely and unconditionally borne by the User,
it shall be solely responsible for and hereby undertakes to strictly comply with Privacy Policy, and Applicable Law having jurisdiction in any manner whatsoever in connection with discharge of its duties under the Applicable Agreement, including but not limited to data protection, security, piracy, and directions issued by the Reserve Bank of India relating to payment data, and shall obtain and maintain in full force and effect all registrations required under Applicable Law for the operation of the business in terms of the Applicable Agreement, and
it has full power and authority to enter into the Applicable Agreement and to take any action and execute any documents required by the terms hereof and this Applicable Agreement has been duly authorized, duly and validly executed and delivered, and constitutes a legal, valid, and binding obligation, enforceable in accordance with the terms hereof; and the persons executing the Applicable Agreement on its behalf are duly empowered and authorized to execute the Applicable Agreement and to perform all its obligations in accordance with the terms herein
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.
INDEMNIFICATION.
(1) 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 violation by the User of this Agreement or Applicable Agreement,
any breach of representations, warranties and covenants made by the User in this Agreement, or Applicable Agreement,
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 of the Business Partner under Section 269ST of the Income Tax Act, 1961 while acting as collection agent of the Company
(2) 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. User agrees to cooperate with InstantPay’s defense and settlement of these claims. InstantPay will use reasonable efforts to notify concerned User of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it.
DISCLAIMER. 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 the 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.
INTELLECTUAL PROPERTY. 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 User or InstantPay shall be strictly in for the fulfillment of and in compliance with the terms of the agreement between such User and InstantPay. 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 the InstantPay’s services and the Site or ideas on how to improve it, please contact our Helpdesk. Please note that by doing so, concerned Users 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. Concerned User agrees to perform such acts and execute such documents as may be reasonably necessary to perfect the foregoing rights.
INTELLECTUAL PROPERTY LICENSE BY ALLIANCE PARTNER. Alliance Partner grants a non-exclusive license to InstantPay to use Alliance Partner’s name, trademark, and logo in any marketing or promotional activities undertaken by InstantPay. Notwithstanding anything contained herein, InstantPay shall be under no obligation to advertise, market, or promote Alliance Partner or Alliance Partner’s Intellectual Property.
USE OF INTELLECTUAL PROPERTY. The user undertakes that:
it shall use the Intellectual Property solely for the discharge of its duties under the Applicable Agreement,
it shall use Intellectual Property of InstantPay only in the form and manner stipulated by InstantPay,
it shall seek prior written consent from InstantPay for use of InstantPay’s Intellectual Property which is not previously provided for by InstantPay,
it shall bring to InstantPay’s notice all cases concerning InstantPay’s Intellectual Property’s (a) infringement, (b) passing off, (c) registration or (d) attempted registration,
it shall render to InstantPay all assistance in connection with any matter pertaining to the protection of InstantPay’s Intellectual Property whether in courts, before administrative agencies, or otherwise,
it shall not take any action which shall or may impair InstantPay’s right, title or interest in the Intellectual Property, or create any right, title or interest therein or thereto, adverse to that of InstantPay,
it shall not use or permit to be used the Intellectual Property by any unauthorized person, and
it shall not misuse the Intellectual Property or use it together with any other mark or marks.
MODIFICATION. InstantPay reserves the right to change, modify, add, or remove the terms of this Agreement, either in its entirety or a part thereof (each, a “change”) at any time by posting a notification to the Site or otherwise communicating the notification to Users. The changes will become effective, and shall be deemed accepted by Users, 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 Users do not agree with any such modification, Users sole and exclusive remedy is to terminate their use of the Services.
CONFIDENTIALITY. Parties shall keep Confidential Information as confidential. Each Party 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. Both Parties acknowledge and agree that they are aware of the sensitivity & secrecy involved in keeping the customer data/information and transaction records and shall ensure that neither any of the parties nor their employees, directors, etc will do any act to violate the same. Notwithstanding anything contained in this Clause 3.16, Confidential Information shall exclude any information:
which is already in the possession of the receiving Party and not subject to any other duty of confidentiality,
that is at the date hereof, or subsequently becomes, public otherwise than by reason of a breach by the receiving party of the terms of this Agreement,
Information that becomes legally available to the receiving Party and/or its affiliates or professional advisors on a non-confidential basis from any third party, the disclosure of which does not, to the knowledge of that Party, violate any contractual or legal obligation which such third party has to the other Party with respect to such information, and
Information that is independently acquired or developed by the receiving Party and/or its affiliates or professional advisors.
DISCLOSURE OF CONFIDENTIAL INFORMATION. Each Party hereby agrees that it shall not disclose any Confidential Information received by it without the prior written consent of the other Party 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:
Disclosures to its directors, officers, employees, affiliates/subsidiaries/group/holding companies, third-party service providers and any employees thereof that it reasonably determines need to receive the Confidential Information;
Disclosures to its legal and other professional advisers, instructed by it that it reasonably determines to need to receive the Confidential Information; or
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.
NON SOLICITATION OF EMPLOYEES. The Parties agree not to solicit or employ staff from each other’s organizations during the term of this Agreement and for 12 months immediately following the termination of the Agreement.
NON SOLICITATION OF CLIENTS. During the term of this Agreement, the User shall not, either directly or indirectly, solicit, cause in any part of knowingly encourage any existing or potential clients or customers of InstantPay to cease doing business or not to do business, in whole or in part with InstantPay, or solicit, cause in any part or knowingly encourage an existing or potential clients or customers of InstantPay to do business with any person other than InstantPay, or associate with any prospective clients or customers while they continue to be clients or customers of InstantPay.
NON-COMPETE ON BUSINESS PARTNER. Business Partner agrees that during the Term and for a period of one (1) year thereafter, it shall not, directly or indirectly, through its employees, affiliates or relatives or in a firm where the Business Partner or any relative or nominee of the Business Partner is a partner, or in any company where the Business Partner or any relative or nominee of the Business Partner is a director or shareholder, without the prior written consent of InstantPay: (i) be appointed as a Business Partner for any other person or legal entity which is carrying on a business similar to or in competition with any business carried by InstantPay at the relevant time, whether in India or abroad, or (ii) engage in any business that is similar to or in competition with any business carried on by InstantPay at the relevant time.
COUNTERPARTS. The Applicable Agreement may be signed in two (2) or more counterparts and each executed version or an electronic copy thereof shall be deemed an original and which shall, singly or together, constitute one agreement.
TERM. This Agreement and Applicable Agreement shall come into force from the Effective Date and remain valid in perpetuity, unless terminated by InstantPay by giving to the User, a prior written notice of at least 90 days (“Term”).
TERMINATION. This Agreement and Applicable Agreement may be terminated in accordance with the clauses below:
InstantPay shall be entitled to terminate this Agreement and Applicable Agreement by serving a written notice of thirty (30) days to the User in the following circumstances: (a) the User commits any breach of any of the provisions of this Agreement or Applicable Agreement and, in the case of a breach capable of remedy, fails to remedy the same within thirty (30) days after receipt of a written notice giving full particulars of the breach and requiring it to be remedied; (b) if, in InstantPay’s opinion, the User is not a fit person/entity to carry out the obligations imposed on the User under the Applicable Agreement; (c) if the User fails to achieve the targets as may be communicated by InstantPay from time to time.
On the occurrence of the User becoming subject of a voluntary petition in bankruptcy or any voluntary proceeding relating to insolvency, receivership, liquidation, or composition for the benefit of creditors.
InstantPay may terminate the Agreement and Applicable Agreement without notice provided: (a) if, by the acts or default of the User, InstantPay suffers damage to its name and reputation; or (b) the Business Partner commits any breach of Confidentiality; or (c) upon the occurrence of force majeure under Clause 3.28 of this Agreement; or (d) there is a change in shareholding/control or management of the User; or (e) any event that would affect the ability of the User to perform its obligations under the Applicable Agreement occurs; or (f) any of the directors/partners/proprietors of the Business Partner are convicted of any criminal charge.
in the event that InstantPay gives notice that the Alliance Partner’s software or hardware is technically inadequate to support the Connectivity at any stage of development, and the Alliance Partner fails to cure such deficiency within 90 days after receiving notice to such effect, then InstantPay shall be entitled to give notice of termination as provided,
in the event InstantPay is unable to get necessary permission / license from any Service Provider and any statutory authority and/or any of the Service Provider rescinds its contract with InstantPay and/or the sale of Products slips down due to any defective service, negligence or omission on part of the User, InstantPay shall have the right to rescind the Agreement by giving 15 days’ notice to the User and the rescission shall take effect after expiry of the stipulated period of 15 days. Provided that unless otherwise specified by InstantPay in its notice, any termination of this Agreement, on account of rescission of an existing contract with any Service Provider, shall be effective only in relation to Transactions pertaining to such Service Provider and the Agreement shall continue to remain in force between the Parties in respect of other Service Providers.
CONSEQUENCES OF TERMINATION. The Parties shall adhere to the following clauses immediately upon termination of this Agreement:
Upon termination of the Agreement for any reason, InstantPay may immediately disconnect the availability of Products from the InstantPay Platform, including related services provided by the platform, and no further Transactions may be effected through the InstantPay.
Except as otherwise agreed upon between the Parties, any license to use Intellectual Property Products, of either Party which has been granted by such Party to the other, pursuant to this Agreement, shall stand automatically revoked with the termination of this Agreement by any Party.
User shall immediately discontinue and cease to use the trademark, logo and other Intellectual Property provided by the Company and shall immediately hand over any and all copies of documentation of such Intellectual Property.
Upon the termination of this Agreement, the concerned User shall return and surrender to InstantPay any Confidential Information that comes into its possession during the course of its engagement by InstantPay and shall not retain a copy thereof in any form whatsoever. User shall, with InstantPay’s prior written consent, promptly destroy the Confidential Information in its possession (and any copies, extracts, and summaries thereof) and will provide InstantPay with written certification of destruction.
immediately return to InstantPay originals and copies of any and all materials provided to the User pursuant to the Applicable Agreement, including publicity and marketing materials in its possession.
provide remote access to InstantPay to disable any software that InstantPay had installed.
remove all signboards, banners, glow sign boards of InstantPay from its office and also all such material, which will indicate any association with InstantPay.
cease to promote, market or advertise InstantPay or its products/services.
the User shall grant InstantPay, its employees or agents, access to its information technology systems for a period of thirty (30) days after termination.
Notwithstanding the above, the User shall not, if so directed by InstantPay discontinue discharging its duties under the Applicable Agreement during the notice period and shall continue discharging its duties as per the Applicable Agreement until indicated otherwise by InstantPay.
InstantPay shall have the right, exercisable at its sole discretion, to appoint another User in its place. The User shall fully cooperate with such newly appointed User.
Upon notice of termination from either party, the User shall ensure that during the notice period leading to the termination, all systems and procedures will be strictly adhered to and all customers handled properly. All inquiries from customers will be diverted to InstantPay by the User.
Subject as otherwise provided in this Agreement and to any rights or obligations that have accrued before termination, neither Party shall have any further obligation to the other under this Agreement.
Any termination of this Agreement or Applicable Agreement shall be without prejudice to InstantPay’s rights under law and equity
PROMOTION. The user shall promote the sale of InstantPay’s products/services in accordance with the publicity and marketing guidelines issued by the InstantPay from time to time. User shall only market/promote InstantPay’s services as authorized by InstantPay in writing in this behalf and shall not market/promote any other services that may potentially be provided by InstantPay in the future unless otherwise authorized in writing. The user shall maintain stock and prepare MIS of the promotional material dispatched from InstantPay and ensure that such material will be displayed in the Merchant outlets at prominent eye-level locations to promote the business at that outlet.
ARBITRATION. InstantPay may elect to resolve any dispute, controversy or claim arising out of or relating to the Agreement or InstantPay’s services 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. InstantPay shall nominate a sole arbitrator who shall preside over the arbitration proceedings between InstantPay and concerned User. The arbitration shall be conducted in New Delhi, India and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either InstantPay or concerned User may seek any interim or preliminary relief from a court of competent jurisdiction in New Delhi, India, necessary to protect the rights or the property of concerned User or InstantPay (or its agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and concerned User, nor shall InstantPay 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 an arbitration will be divided equally between InstantPay and concerned User. In all arbitrations, each party will bear the expense of its own lawyers and preparation. The language of the arbitration shall be English.
GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions and, subject to the arbitration provision in section 3.19, the exclusive jurisdiction of competent courts in New Delhi, India.
FORCE MAJEURE. Neither Party shall be liable for failure to perform its obligations under this Agreement to the extent such failure is due to causes beyond its reasonable control. In the event of a force majeure, the Party unable to perform shall notify the other Party in writing of the events creating the force majeure and the performance obligations of the Parties will be extended by a period of time equal to the length of the delay caused by force majeure; provided that if any such delay exceeds ninety days, then following such ninety-day period, either party hereto may terminate the unperformed portions of this Agreement on ten days prior written notice to the other Party. For the purposes of this Agreement, force majeure events shall include, but not be limited to, acts of God, failures or disruptions, orders or restrictions, war or warlike conditions, hostilities, sanctions, mobilizations, blockades, embargoes, detentions, revolutions, riots, looting, strikes, stoppages of labor, lockouts or other labor troubles, earthquakes, fires or accidents.
RECORDS AND AUDIT. The Users shall maintain all statutory records as may be required from time to time to be maintained under the Applicable Law. Further, the Users shall maintain accurate books of accounts in relation to their engagement with InstantPay, pursuant to service rendered by User pursuant to the Applicable Agreement, in accordance with standard accounting practices and shall have the same audited annually by an auditor of good standing and repute and shall forward copies of the audited accounts to InstantPay annually or as and when required by InstantPay. The user hereby permits the authorized personnel of the InstantPay to enter and inspect all books, accounts, records, and materials in relation to the business operations related to the Applicable Agreement during normal business hours. During the term of Applicable Agreement and at any time within sixty (60) days after the termination of the Applicable Agreement, InstantPay or its employee/representative/agent may, at its expense, carry out an audit to determine whether the User has properly complied with its obligations under the Applicable Agreement. In the event the results of such audit determine that the User has not complied with its obligations under the Applicable Agreement, InstantPay shall intimate the User of such nonperformance or the non-observance and the Business Partner shall immediately comply with its obligations, or within such other period as may be specified by Company.
PUBLIC RELATIONS. Upon execution of the Applicable Agreement, Parties shall have the right to announce the cooperative arrangement as described in the Agreement, provided that all announcements must be approved in writing by both Parties and such approval shall not be unreasonably withheld.
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 User without InstantPay’s prior written consent but may be assigned by InstantPay without restriction. Any assignment attempted to be made in violation of this provision shall be void and of no effect.
SURVIVAL. Clause 1.4, 2.1, 3.3, 3.8, 3.9, 3.10, 3.11, 3.12, 3.13, 3.16, 3.17, 3.18, 3.19, 3.20, 3.26, 3.27, 3.33 of this Agreement shall survive the 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 this Agreement, and will not be deemed to limit or affect any of the provisions hereof.
ENTIRE AGREEMENT. This is the entire agreement between Users and InstantPay 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 InstantPay in accordance with the terms of this Agreement.
NOTICE. InstantPay may provide Users with notices and communications by email, regular mail, or posts on the InstantPay website, www.instantpay.in or by any other reasonable means. Except as otherwise set forth herein, notice to InstantPay must be sent by courier or registered post to Legal Department, InstantPay India Limited, 1st Floor, A-24/29, Mohan Cooperative Industrial Estate, Mathura Road, New Delhi- 110044, India.
WAIVER. The failure of InstantPay 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 InstantPay.
RELATIONSHIP BETWEEN THE PARTIES. This Agreement is not intended by the Parties to constitute or create a joint venture, pooling arrangement, partnership, agency or formal business organization of any kind. InstantPay and the Alliance Partner/Business Partner shall be independent contractors with each other for all purposes at all times and neither Party shall act as or hold itself out as an agent or representative of the other Party nor shall create or attempt to create liabilities for the other Party by acting or holding itself out as such.

INTRODUCTION ON THE SCOPE OF THE AGREEMENT

The services are not available to persons under the age of 18 or to anyone previously suspended or removed from the services by InstantPay. By accepting these Terms & Use or by otherwise using the Services or the Site, 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.

Redemptions

Coupon/Offer redemption is purely subjected to standard and specified terms and conditions mentioned by the respective provider. Coupons are issued on behalf of the respective provider. Hence, any damages, injuries, losses incurred by the end user by using the coupon is not the responsibility of InstantPay.

Privacy Policy & Information Usage

We respect your privacy at InstantPay and value your trust. Kindly read our Privacy Policy carefully for information related to our collection, use, and disclosure of your personal information. The Privacy Policy is incorporated by reference in this Agreement. Use of the InstantPay website, applications and/or its services constitutes acceptance of the Privacy Policy.

Your Account

You agree that the information you provide to InstantPay on registration and at all other times, including payment, will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. If you have reason to believe that Your Account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of Your account ID, PIN, Password, or any credit, debit or prepaid cash card number or net-banking login/password, if applicable), then you agree to immediately notify InstantPay and indemnify InstantPay from any liabilities that may arise from the misuse of your account.

Your mobile number and email acts as your username that will identify your account and thereby all of your transactions and account related activity on InstantPay. If an account is found to be overly inactive, the account may be reclaimed by InstantPay without notice. Inactivity may be considered as you\'re not signing in and/or never having done a transaction from your account on InstantPay for more than six months at a stretch.

We encourage you to choose a strong password to protect your account. It is advised that you not share your password with anyone or write it down. Make sure you sign out before leaving a computer unattended. InstantPay never, under any circumstances, asks for your account password.

Third Party Sites, Products and Services

The Services and/or the Site may include links or references to other web sites or services solely as a convenience to users ("Reference Sites"). InstantPay does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. In addition, Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services and/or the Site are solely between You and such entity. Access and use of reference sites, including the information, materials, products, and services on or available through reference sites is solely at your own risk.

Billing and Payment

We may in future provide a detailed billing summary in the format of its choice, which may change from time to time. This summary may be found by logging into your account (if you have registered and created an account) on the Site. All charges will be automatically placed to your credit card, debit card, prepaid cash card, paypal or netbanking account for the amount of Recharge successfully purchased at the time of purchase. No additional notice or consent will be required for charging Service use to your credit card, debit card, prepaid cash card, net-banking account or paypal account. The merchant name "InstantPay" will appear on your credit card statement for all purchases you do at www.instantpay.in.

All Sales are Final

All sales of Recharge are final with no refund or exchange permitted. You are responsible for the details you provide that lead to a purchase. However, if in a transaction performed by you on the Site, money has been charged to your card or bank account and service 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. InstantPay shall investigate the case and if it is found that money was indeed charged to your card or bank account without delivery of the Service then you will be refunded the money within 7 working days from the date of receipt of your email.

Termination; Agreement Violations

You agree that InstantPay, 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. InstantPay 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 InstantPay 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 InstantPay 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 InstantPay or its contractors, agents, licensors, partners, or 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 site or any reference site, or (iii) your use or inability to use the services, the site (including any and all materials) or any reference sites, even if InstantPay or a InstantPay authorized representative has been advised of the possibility of such damages. In no event will InstantPay 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 Site (including any and all Materials) or any Reference Sites, or (iv) any other interactions with InstantPay, 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 Site giving rise to the cause of action or One Thousand Rupees (Rs.1000), whichever is less. You acknowledge and agree that InstantPay 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 InstantPay, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and InstantPay. InstantPay 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, InstantPay’s liability will be limited to the fullest extent permitted by applicable law. This paragraph shall survive termination of this Agreement.

Indemnification

You agree 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, 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 Site, any violation by You of this Agreement, or any breach of the representations, warranties, and covenants made by You herein. InstantPay reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify InstantPay, including rights to settle, and You agree to cooperate with InstantPay’s defense and settlement of these claims. InstantPay 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.

Disclaimer; No Warranties

To the fullest extent permissible pursuant to applicable law, InstantPay and its third-party partners, licensors, and suppliers disclaim all warranties, statutory, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by you from InstantPay or through the services or the site will create any warranty not expressly stated herein. You expressly acknowledge that as used in this section, the term "InstantPay" includes InstantPay’s officers, directors, employees, shareholders, agents, licensors, subcontractors and affiliated companies. You acknowledge that InstantPay is a reseller and is not liable for any 3rd party (suppliers) obligations due to rates, quality, and all other instances, whether to any such supplier’s subscribers or otherwise. You expressly agree that use of the services and the site is at your sole risk. It is your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the site or on the internet generally. We do not warrant that the service will be uninterrupted or error-free or that defects in the site will be corrected. The services and the site and any data, information, third party software, reference sites, services, or software made available in conjunction with or through the 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 that the data, InstantPay software, functions, or any other information offered on or through the services, the site or any reference sites will be uninterrupted, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected. 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 the services, the site or any reference sites in terms of correctness, accuracy, reliability, or otherwise.you understand and agree that you use, access, download, or otherwise obtain information, materials, or data through the services, the site or any reference sites at your own discretion and risk and that you will be solely responsible for any damage to your property (including your computer system and device) or loss of data that results from the download or use of such material or data. We do not authorize anyone to make any warranty on our behalf and you should not rely on any such statement. This paragraph shall survive termination of this agreement. In no event will InstantPay be liable for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the site.

Ownership; Proprietary Rights

The 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 the Services and the Site provided by InstantPay (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 InstantPay, all Materials, trademarks, service marks, and trade names contained on the Site are the property of InstantPay and/or third party licensors or suppliers. You agree 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 the Services. Except as expressly authorized by InstantPay, 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. InstantPay reserves all rights not expressly granted in this Agreement. If You have comments regarding the Services and the Site or ideas on how to improve it, please contact our Helpdesk. Please note that by doing so, You 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. You agree to perform such acts and execute such documents as may be reasonably necessary to perfect the foregoing rights.

Modification of this Agreement

InstantPay reserves the right to change, modify, add, or remove portions of this Agreement (each, a "change") at any time by posting notification to the InstantPay website www.instantpay.in 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, InstantPay may be required under applicable law to give you advance notice, and InstantPay will comply with such requirements.

Notice

InstantPay may provide you with notices and communications by email, regular mail or postings on the InstantPay website www.instantpay.in or by any other reasonable means. Except as otherwise set forth herein, notice to InstantPay must be sent by courier or registered mail to General Counsel, InstantPay India Limited, 1st Floor, A-24/9, Mohan Cooperative Industrial Estate, Mathura Road, New Delhi - 110044, India.

Waiver

The failure of InstantPay 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 InstantPay.

Arbitration

InstantPay 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 New Delhi, 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 New Delhi, India, necessary to protect the rights or the property of you or InstantPay (or its agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and 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 an 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 InstantPay must be resolved by a court located in New Delhi, India. You agree to submit to the personal jurisdiction of the courts located within New Delhi, 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 InstantPay 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 InstantPay in accordance with the terms of this Agreement.

Privacy Policy

InstantPay India Limited (“InstantPay”, “we”, “us”, “our”), respects every individual’s right to privacy and it is our endeavour to protect their personal and Sensitive personal data or information (defined below).

This Privacy Policy (“Policy”) applies to all visitors (i.e. those who do not have an Account with InstantPay) and users (i.e. those who have an Account with InstantPay) (collectively referred 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 carefully read this Policy to understand how we shall treat your information.

The User acknowledges that this Policy is a part of InstantPay’s Terms of Use and all terms defined in the Terms of Use have the same meaning here in this Policy. Access, browsing and continuous use of the Website constitutes the User’s unconditional consent to this Policy read together with the Terms of Use. If the User does not agree with the terms of this Policy, please do not visit and 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 prior 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 any 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 Website.

This Policy is published in compliance of:
Section 43A of the Information Technology Act, 2000 (“Act”)
Regulation 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (“SPI Rules”)

Definitions

Personal Information
SPI Rules define “Personal Information” as any information that relates to a natural person, which, 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 which consists of information relating to:
passwords;
financial information such as bank accounts or credit card or debit card or other payment instrument details;
physical, physiological and mental health condition;
sexual orientation;
medical records and history;
biometric information;
any of the information received under above clauses by body corporate for processing or storage under lawful contract or otherwise.
Payment Data
“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 the 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 which may be collected by us includes:

full name and age;
username and password;
PAN;
password of User’s account registered with us;
postal address;
E-mail address;
mobile number;
internet protocol (IP) addresses (through cookies);
URL of website accessed prior to and post Users’ accessing our Website;
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 us;
third party information about concerned User’s activities or postings on the Website;
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 experience while using our Website;
to improve our services and products;
to respond to your queries or complaints generally related to our services, etc;
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 corporate entity;
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 certain 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 access 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 data 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 this Policy or our Terms of Use, (ix) for obtaining any legal advice. We also reserve our right to disclose, share or transfer your Personal Information or Sensitive personal data or information to a third party due to any change in ownership, merger, restructuring or sale of our business assets.

Use of cookies and other technologies

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, including 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 by third parties. We do not control the use of cookies by third parties and disclaim any obligation or liability associated thereto.

Links to other websites

The Website provides links to other websites which may or may not collect information about the User. The User acknowledges that this Policy does not cover the collection and use of information by such sites and 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: (i) 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 required for the establishment, exercise or defense of any legal claim.

Mailers

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 other means as InstantPay deems appropriate. InstantPay respects every User’s privacy and in the event that User chooses to not receive such mailers, InstantPay will take all steps to remove the User from the list. If a User wants to remove his/her/it’s contact information from all mailing lists and newsletters, the same can be done through “Profile” page of his/her/it’s account with InstantPay.

Advertising

We use third-party advertising companies to serve ads when you visit our Website. These companies may use your anonymized information (i.e. information which does not include your name, address, email address or 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 within our Website.

Data Localization

In compliance with Reserve Bank of India’s circular RBI/2017-18/153 DPSS.CO.ODNo.2785/06.08.005/2017-2018 dated April 6, 2018, all Users, including system participants, service providers, intermediaries, payment gateways, third party vendors and other entities in the payments ecosystem, who are retained or engaged by 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 required.

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 basis.

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 personal 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 respect to illegal access, use or disclosure of Personal Information, please e-mail at help@instantpay.in

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.

Most Important Terms & Conditions
[Federal Bank Cards]

The InstantPay Prepaid Card (“Card”) is issued to you by Federal Bank (“Bank”). The word 'you' denotes the Card purchaser or user.

Card or InstantPay Prepaid Card refers to a MasterCard prepaid Card issued by Federal Bank to the Card Purchaser pursuant to the Purchaser filling the Prepaid Card Application Form and fulfillment of all other relevant terms and conditions as stipulated by the Bank from time to time.

Cardholder(s) shall mean such individuals to whom the Card has been delivered by the bank/ Card purchaser and who are authorized to hold and use the Card. Federal Bank or the Bank shall mean The Federal Bank Limited, the owners of the Card, its successors, assigns and nominees/representatives.

Contact Centre shall mean the 24 hours Contact Centre of the Bank the service of which shall be available to all Card Members.

Transactions shall mean any instruction given by a Cardholder using a Card directly or indirectly to the Bank to effect a transaction.

INTERPRETATION:

All references to singular include plural and vice versa and the word includes should be construed as without limitation.
Words imparting any gender include the other gender.
Reference to any statute, ordinance or other law includes all regulations and other instruments and all consolidations, amendments, re-enactments or replacements for the time being in force.
All headings, bold typing and italics (if any) have been inserted for convenience of reference only and do not define limit or affect the meaning or interpretation of the Terms.
References to MasterCard regulations pertain to the guidelines issued by MasterCard to all the member banks of its network.

IF YOU ACQUIRE THE CARD YOU WILL HAVE A CONTRACT WITH THE FEDERAL BANK

The signature of the purchaser/user must be affixed at the back of the card on receipt of the same. The card may be kept in safe custody of the purchaser/user. The PIN and other security details of the card shall be kept confidential and not be disclosed to any third party, and in case of any loss or damages caused to such act or omission on the part of the purchaser/user, the Bank shall not be responsible for the same.
The purchaser/user shall not record the PIN or other security information in any form in order to prevent the third party in getting access to the PIN or other security information.
The Bank shall not be responsible for any loss caused to the purchaser/user due to a technical breakdown of the payment system, loss, theft or skimming, dispute regarding the transactions between the merchant and the purchaser/user.
By signing on the back of the Card, or by using the Card, you agree to be bound by these Terms and Conditions. The Card must be signed by the Card User before use.
If you are the Card Purchaser, you must notify these Terms and conditions to the User of the Card and ensure that the User read and understood the same. The Card remains the Bank's property.
The Card is a MasterCard Prepaid card that can be used for purchase of goods and services where MasterCard Prepaid cards are accepted for electronic transactions. The Card is not a credit card and nor is it linked to a deposit account with the Bank. Some merchants may choose not to accept MasterCard Prepaid cards.
The card can be used at any ATM location in India, where MasterCard prepaid cards are accepted for cash withdrawal and balance enquiry. The card is not valid for use outside India. Charges at such rates as fixed by the Bank from time to time shall be levied for all transactions tried/attempted/failed. Bank reserves the right to revise the charges from time to time without notice/intimation to the purchaser/user. Most updated and detailed schedule of charges shall be published in the Bank's website www.federalbank.co.in
The bank will allot a unique PIN number to this card which will allow you to access the account balance, mini statement through internet or any other mode as advised by the bank from time to time and also for payment using the card through internet.
The card is reloadable at any InstantPay outlet/online at www.instantpay.in
All the fees/taxes/surcharges/service charges if any and all other levies related to the Card shall be borne by you.
Card activation will happen automatically (usually within 24 hours of Card purchase) for cards purchased from a branch of the Bank.
The Card cannot be used to make transactions that exceed the available balance. For such a transaction, you need to pay the difference by another method if the merchant agrees.
The card is valid until the expiry date shown on the front of the card or three years from the date of activation, whichever is earlier and cannot be used after expiry. At expiry, the remaining available balance will be forfeited. The purchaser of the Card will be alerted 2 weeks before the date of expiry of the Card through SMS or email.
The card cannot be used to take (other than at ATMs) or redeem cash and cannot be used for making direct debit, recurring or regular installment payments. The purchaser understands that authorisations of the cards will be declined at some merchants/some sites and bank will not be responsible for the same.
In case of loss of card, the card account can be blocked either by you or the user of the card by calling up the Contact Centre & furnishing the required information for blocking the card. A replacement card would only be issued on the request of the purchaser of Card.
Re-issue of PIN shall be done on the request of the Purchaser and the same shall be sent to the communication address of the Purchaser.
The Cardholder will inform Federal Bank in writing within 15 days, if any irregularities or discrepancies exist in the transactions/particulars of the Card Account on any Statement that is made available to the Cardholder. If Federal Bank does not receive any information to the contrary within 15 days Federal Bank may assume that the Statement and the transactions are correct.
You are solely responsible for protecting your card, PIN number and any password given by the Bank for the use of the facility. The Bank will not beliable for:
Any unauthorised use of the PIN, Card or any fraudulent, duplicate or erroneous instructions given by use of the PIN or Card;
Unauthorized access by any other person to any information/instructions given by the customer or breach of confidentiality;
You are responsible for all transactions on the Card. If you notice any error relating to the Card, you should notify Cardholder Services immediately or provide contact number or mail to us at prepaidsupport@federalbank.co.in
If you have a problem with a purchase made with the card or a dispute with a merchant, you must deal directly with the merchant involved. The Bank shall not be liable for any transactions between card purchaser/user and the merchant.
The Bank may at its absolute discretion restrict, block and stop the usage of card at anytime if any suspicious activities are noticed. The decision of the bank as to whether an activity is suspicious or not shall be final and binding upon you.
In case of “InstantPay Prepaid Card” where the cards are issued to the companies, it is the responsibility of the companies to return back the “InstantPay Prepaid Card” in the event of resignation/ termination/retirement of the employees. Bank shall not be responsible for any loss caused to the company for non-compliance of the same.
Company shall provide the Bank with the list of its employees who are allotted with the “InstantPay Prepaid Card”. Bank shall dispose 'My Pay Card' to the company only on receiving photograph and ID card of the employee who are allotted with “InstantPay Prepaid Card”. Bank shall not be responsible for the loss caused to the company on account of wrong deliver of cards in deviation from the list provided.
No fraud claims shall be entertained by the bank.
You are responsible for checking your transaction history online and knowing your available balance. For any further assistance call on 011-40849977 or reach us at care@instantpay.in
Information will be disclosed to third parties about the Card, or transactions made with the Card, whenever allowed by law, required by law, and also where necessary to operate the Card and process transactions.
The fees and charges levied for the prepaid cards are available at Federal Bank web site www.federalbank.co.in
The Bank reserves the right to change these Terms and Conditions at any time. The most current version will always appear at the website.
The Card can be cancelled or refunded only by the applicant purchaser.