As a Customer (I), you hereby agree to avail “Services” by accepting and subscribing the following terms and conditions either by clicking “I Agree” button at the end of these terms and conditions on the mobile app of RPSL. Your acceptance of these terms and conditions shall be unconditional and without any limitation or qualification. You also declare that, the information provided and/or self-certified copies of KYC documents submitted for registration and/or opening of Wallet, are correct and valid and the same shall vest with RPSL. You confirm and consent that the documents provided herein may be used by RPSL to ensure compliance with all relevant and applicable regulatory & KYC requirements.
1. DEFINTIONS
a. “Applicable Law” shall mean any statute, law, regulation, ordinance, rule, judgment, notification, rule of common law, order, decree, bye-law, government approval, directive, guideline, requirement or other governmental restriction, or any similar form of decision of, or determination by, or any interpretation, policy or administration, having the force of law of any of the foregoing, by any governmental authority or regulator having jurisdiction over the matter in question, whether in effect as of the date of these terms and conditions or thereafter and shall include the RBI Guidelines
b.
“Applicant” shall mean legal and natural person who applies for availing the Services.
c.
“Agent”/ “Dealer” shall refer to the agent(s)/dealer(s) appointed by RPSL for supporting activities in relation to Services and will include the sub-agent(s) appointed by such agents/ dealer(s) for the same purpose.
d.
“Customer” shall mean an Applicant who, accepts these terms and conditions to avail the Services and the Wallet.
e.
Customer “Wallet” shall mean a platform which a)
shall be utilised by various third party service provider under an arrangement with RPSL for providing services to the Customer b) will be use by RPSL to provide various services to the Customer and c) will be the holder of payment instruments. The Wallet can be accessed through the RPSL mobile application, on www.jiomoney.com or any other channel/platform facilitated & permitted by RPSL.
f.
“Services” means the payment gateway and/or other services offered/made available by RPSL by operation of the Wallet and /or through any other mode approved by RPSL to the Customer.
g.
“KYC Guidelines” / KYC” shall mean the Know Your Customer (
“KYC”) guidelines as set forth by the regulators.
h.
“Minor(s)” shall mean an individual between the ages of 10 (ten) and 18 (eighteen) years.
i.
"Merchant Establishment" shall mean and include physical merchants, remote merchants including e-commerce merchants and any other outlet who has been authorized by RPSL to accept payment using Wallet and/or the Services.
j.
“Jio Payments Bank” shall mean Jio Payments Bank Limited having its registered office at 3rd Floor, Maker Chambers IV, 222, Nariman Point, Mumbai, Mumbai City, Maharashtra, India, 400021 to whom the payment bank license is issued by the Reserve Bank of India.
k.
“RPSL” shall mean Reliance Payment Solutions Limited, a company incorporated in India having its registered office at 5th Floor, Court House, Lokmanya Tilak Marg, Dhobi Talao, Mumbai – 400 002 including its assigns
l.
“Transactions” means any transaction made by Customer using Wallet including transaction initiated by or on behalf of the Customers.
2. GENERAL CONDITIONS
a. The Customer hereby authorises RPSL to provide Services. The Customer must have an active mobile phone connection during the tenure of these terms and conditions. Customer shall immediately inform RPSL in writing in the event of any change, cancellation, termination or surrender of the mobile phone connection. The Customer shall promptly inform RPSL about any changes in Customers permanent and/or communication address
and/or other relevant details and provide the supporting KYC document(s) that RPSL may require from time to time.
b. The Customer confirms that the Customer is of sound mind.
c. The Customer shall not use Services for any purpose that might be construed as contrary or repugnant to any Applicable Law, public policy or for any purpose that is contrary to RPSL policy or might prejudice the goodwill of RPSL.
d. RPSL shall issue and operate the Wallet and provide Services in accordance with these terms and conditions and Applicable Law.
e. The Customer agrees that RPSL shall make available third party services on the Wallet for the Customer. The Customer shall accept the terms and conditions of such third party service provider including the Jio Payments Bank for availing the services from such third party service provider through Wallet. The Customer agrees that RPSL shall not be responsible for any disputes in relation to the goods/services of such third parties including Jio Payments Bank and the Customer shall resolve its dispute with such third parties directly and the Customer agrees to indemnify and keep RPSL indemnified from any disputes, costs, compensation, litigation, loss etc. arising out of and related to the same.
f. All terms and condition of third party service provider shall be applicable for availing service through Wallet from the said third party service provider.
g. To avail of the Services from any Dealer location, the Customer are required to only approach the authorized retail Dealers appointed by RPSL displaying the requisite brands and logos of Services.
h. The Customer shall be issued by RPSL Mobile PIN and/or code and/ or password and/any other mode of authentication for operation of the Wallet and/or Transaction (each hereinafter referred to as “Authentication PIN”) during the term of these terms and conditions. The Customer shall accept sole responsibility for use, confidentiality and protection of the Authentication PIN. The Customer shall not disclose the Authentication PIN to any other person and shall not respond to any unauthorized SMS/ e-mail/ phone call in which the Authentication PIN is asked for. RPSL shall, in no manner whatsoever, be held responsible or liable, if the Customer incurs any loss as a result of the Authentication PIN being disclosed/ shared by the Customer with any unauthorized persons or in any other manner whereby the security of the Authentication PIN is compromised. The Customer shall be responsible for all activity in the Wallet, whether authorised by the Customer or not.
i. The Customer agree and acknowledge that the Services are non-transferable.
j. The Customer must ensure the availability of sufficient funds in its account using which the Customer wish to conduct the transaction, (including service charges thereon, if any) before initiating any Transaction. The Customer grants express authority to RPSL for processing the Transactions and instructions authenticated by providing the Authentication PIN wherever applicable. RPSL shall not be responsible for any denial of services to the customer due to shortage of funds with the Customer.
k. In the event of any loss, and/or theft in/ of the mobile/mobile phone connection, the Customer shall immediately call the Customer call centre on the number listed on the Website to register the complaint. On receipt of this intimation, RPSL will block the processing of any pending or future Transaction. RPSL shall not be liable for any unauthorized Transactions on the Wallet.
l. Any information submitted by the Customer while using the Services may be shared with third parties by RPSL, inter-alia, to facilitate the provision of Services. The Customer acknowledges that any information provided to RPSL with the intention of securing the Wallet/Services shall vest with RPSL (as the case may be), and may be used by RPSL, at its discretion, for any purpose consistent with any Applicable Law.
3. ADDITIONAL CONDITIONS
a. RPSL makes no express or implied warranty, guarantee, representation or undertaking whatsoever regarding the Services and Wallet, except as expressly mentioned herein. RPSL shall not be responsible for any acts or omissions of any third party including distributors/retailers/Merchant Establishments etc. with regard to Services and Wallet which are not expressly authorized by RPSL.
b. RPSL shall not be liable to the Customer or any other person for any incorrect information provided by the Customer to RPSL pertaining to Services and Wallet, any delays, loss of business, profit, revenue or goodwill, anticipated savings, damages, fees costs, expense,
etc. or for any indirect or consequential loss, howsoever arising, on account of unavailability/usage of the Services, Wallet or otherwise.
c. For Transactions conducted at Merchant Establishments and/ or Dealer locations, the Customer is responsible for satisfying itself with notifications that the Transactions have been successfully completed. The third party service provider whose services are availed by the Customer may send Transaction notification to the Customer. RPSL shall not be held responsible for notifications not reaching the Customer from the said third party service provider. Any amount transferred erroneously by the Customer to any Merchant Establishment shall not be refunded to the Customer by RPSL under any circumstance. In the event of any dispute, RPSL/third party service provider records in relation to the Transactions shall be binding and will be relied upon by the Customer and the Merchant Establishment.
d. RPSL shall not be responsible in any way for the products or services of any Merchant Establishment purchased by the Customer using the Services or for any charges, taxes or other duties relating to the Transactions. The Merchant Establishments are solely responsible to the Customer for (i) all information in relation to the products or services offered by the Merchant Establishments, (ii) the said products or services offered by the Merchant Establishments (iii) the supply and sale of the said products or services, and (iv) Promotional offers and schemes including coupons provided by Merchant Establishments. RPSL does not endorse, promote, champion or warrant any goods/products and/or services that might be bought/availed or proposed to be bought/availed by Customer from Merchant Establishments using the Wallet.
e. RPSL may provide links to other websites that are maintained by third parties. These links are provided for the convenience of the Customer only and the provision of these links does not mean that RPSL endorses these websites or the products and services they provide. The Customer acknowledges and agrees that RPSL is not responsible and/or liable for any information/ content or any products/ services available on these third party websites. Customer is required to do their own due-diligence before availing such services.
f. Any dispute with or complaint against any Merchant Establishment must be directly resolved by the Customer with the Merchant Establishment. It is clarified that RPSL shall not be responsible or liable for any deficiency in goods and/or services purchased by Customer using its payment instruments through the Wallet. This exclusion of liability shall apply even for goods and/or services made available by RPSL under promotional schemes of Merchant Establishments. Customer is instructed to satisfy itself regarding the quality, quantity and fitness of any good and/or service before purchasing the same.
g. The incentives and other benefits extended by RPSL pursuant to any promotional schemes of RPSL will be subject to Applicable Law.
h. The Customer explicitly agrees and consents that RPSL can share the Customer data and documents collected by RPSL from the Customer if any with RPSL’s group companies and affiliates including with the Jio Payments Bank . Further, the Customer confirms that it has no objection and hereby authorizes RPSL to share such Customer data including inter alia the certified copy of proof of identity and address provided to RPSL with RPSL’s group companies, affiliates and partners and these documents may be used by such entities to meet their compliance requirements (including in connection with opening of any bank account by the Jio Payments Bank or any other services provided by partners).
i. The Customer hereby acknowledges that Customer will not reproduce, sell, resell, duplicate, and copy any part of the Services for any commercial purpose.
4. RESERVATIONS
a. RPSL reserves the right to discontinue the Services at any time at their sole discretion.
b. RPSL reserves the right to suspend and/or discontinue the Services, at any time, without giving prior intimation to the Customer, for any reason, including but not limited to: (a) any suspected violation of any rules, regulations, orders, directions, notifications issued by RBI by the Customer from time to time or for any violation of these terms and conditions or compliance with any Applicable Laws; (b) ; (b) Combatting potential frauds, sabotage, wilful destruction, threat to national security or for any other force majeure reasons (more particularly detailed in Clause 10 hereof) etc.; (d) technical failure, modification, up gradation, variation, relocation, repair, maintenance and/ or any transmission deficiencies; (e) If the telecom service providers connection with which the Customer’s Wallet is linked ceases to be operational or in the Customer’s possession or control on account of any
reason whatsoever; and/ or (f) ineligibility of the Customer under any criteria as mandated by RPSL.
c. In the event of occurrence of Transactions that may be construed as fraudulent, dubious or undesirable, RPSL reserve the right to freeze operations of the Services/in Wallet/ close the Wallet/Services including reporting to authorities as may be required and as may be deemed fit and proper by RPSL.
d. RPSL reserves the right to cancel the Transaction in case of any network failure. In such case or for any other reason beyond the control of RPSL there could be delay or failure to complete the Transaction RPSL shall not be responsible for any kind of losses, disputes, litigation, compensation etc that may occur due to such delay or failure. RPSL provides the Website or mobile app, Wallet and related technology and services on an “as is”, “where is”, “with all faults” basis and does not warrant that the Website or mobile app or any of its software’s will be uninterrupted, error-free, accessible or operational at all times or that any defects will be corrected. RPSL also does not warrant that any links that may be accessible or any files available for downloading through the Website or mobile app will be free of viruses, worms or other code that may be damaging.
5. SPECIAL SERVICES-
a) The Customer agrees that RPSL shall provide the facility like payment gateways, links to Jio Payments Bank services including savings account, PPI etc., booking/purchasing of tickets/services/products of various bus operators/hotels/trains or any other services as may be made available by RPSL on the Wallet (
“Special Services”) through third party for convenience of the Customer only and the RPSL shall not be responsible or liable in relation to the same.
b) The Customer agrees that the RPSL does not operate/provide/produce any such Special Services of its own and is not an agent of any of the Special Services providers.
c) The Customer agrees that it shall avail the Special Services at its own discretion, risk and shall be solely responsible and liable for any transaction made with any Special Service Provider. The Customer agrees that RPSL shall not be responsible for anything in relation to the Special Services availed/booked by the Customer for any reason whatsoever including but not limited to delays, cancellation, wrong payments, charge back, fraudulent transaction, refund of the amounts, technical failure of payment mechanism, breach of software’s/security, operators/ their employees behavioural issues, baggage loss, or any other loss or injury, inconvenience and damages. The Customer agrees to indemnify the RPSL from any claims/ liability/loss/litigation etc. arising out of the same.
d) The Customer shall be bound by the terms/policies of Special Service Providers/operator/third party service provider for availing any Special Services including cancellation charges and settle any dispute in relation to the Special Services directly with the Special Service Provider/ operator.
e) The Customer agrees that the Merchant Establishment may provide/ declare any scheme/discount coupons/coupons for the Customer. The Customer shall avail any such scheme/discount coupon/ coupons at its own discretion and judgement and the RPSL shall not be responsible for any loss, cost, compensation, litigation, damages etc. arising of out and related to the such coupons/discount coupon/scheme by the Customer. Customer agrees that the redemption/use of such coupons/discount coupons/schemes shall be subject to the terms and conditions of the said Merchant Establishment.
f) The Customer gives consent and full authority to RPSL to share the Wallet details and payment instrument balance with the Merchant Establishments once the Customer has initiated the transaction with the said Merchant Establishment.
g) RPSL may declare scheme and customer offers (“offer”) at its own discretion time to time which shall be subject to the terms of offer. RPSL shall have sole right to deny the offer benefits to the Customer if RPSL is of the view that the Transaction is fraudulent, dubious or misused.
6. CHARGES
Usage and operation of the Wallet/Services including mobile App is subject to payment of service charges prescribed by RPSL on the Website (www.jiomoney.com) from time to time. Charges shall be exclusive of applicable taxes, duties, cess etc. The Customer unconditionally and irrevocably authorizes RPSL to ask the Jio Payments Bank to debit
Customers PPI/savings account maintained by the Customer with the Jio Payments Bank and make payment to RPSL and the authorises Jio Payments Bank to debit such PPI/savings account and make payment to RPSL equivalent to fee and Charges applicable for the issue and use of the Wallet/Services as published by RPSL
7. INDEMNITY
The Customer shall be liable to RPSL for losses, expenses or damages and agrees to indemnify, defend and hold harmless RPSL and /or the Dealer harmless from any and all claims, losses, damages, liabilities, costs and expenses, including and without limitation legal fees and expenses arising out of or related to its use or misuse of Wallet and/or Services, violation of these terms and conditions or any breach of any representations, warranties and covenants made by the Customer. The Customer shall indemnify RPSL against any fraud, breach of security, third party claims, any Special Service provider’s claims and disputes, litigation, any loss or damages suffered by RPSL due to any action and/or inaction by the Customer.
8. CHANGE OF TERMS
The terms and conditions herein shall be subject to the Applicable Law. Further, RPSL may alter, modify or amend these terms and conditions from time to time and the same shall be updated and displayed by RPSL on its Website (www.jiomoney.com). The Customer is expected to keep himself/herself updated with the amendments to the terms and conditions. Any transaction done subsequent to the amendment of the terms and conditions will be considered as Customer’s acceptance of the amended terms and conditions. RPSL may modify, terminate and/or suspend Wallet and/or Services anytime with or without prior notice, due to any changes in internal policies or Applicable Law.
9. OWNERSHIP AND PROPRIETARY RIGHTS
The Customer agrees that he/she shall have no claims/rights of whatsoever nature in the intellectual property rights arising out of and in connection with Wallet and Services thereto. The Customer further undertakes that he/she shall not attempt to modify, alter, obscure, translate, disassemble, decompile or reverse engineer the software underlying mobile application or create any derivative product based on the software. The Customer understands that the user interface, graphics, logos, design, compilation, information, products, services, software, and all other elements of the Wallet and/or Services are protected by copyright, designs, patent and trademark laws and other intellectual property or proprietary rights of either RPSL or its related parties.
10. FORCE MAJEURE
RPSL shall inform the Customer of the existence of a Force Majeure Event and take all reasonable steps to engage with the Customer towards finding an appropriate solution.
“Force Majeure Event” means any event due to any cause beyond the reasonable control of RPSL and/or its partner Banks/affiliates, and/or Special Service Provider including, without limitation, unavailability of any communication system, breach or virus in the processes or payment mechanism, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorized access to computer data and storage device, computer crashes, breach of security and encryption, etc.
RPSL shall not be liable for any failure to perform any of its obligations under these terms and conditions if the performance is prevented, hindered or delayed by a Force Majeure Event and in such case its obligations shall be suspended for so long as the Force Majeure Event continues.
11. QUALITY OF SERVICE
The Customer agrees that the RPSL shall not be liable for Non-performance of a service or non-delivery of a product by Merchant Establishment, Special Service Provider including any third party service provider. Customer will raise any dispute in relation to the product or service directly with the Merchant Establishment/Special Service provider including any third party service provider. RPSL will take reasonable steps to investigate the cause of non-performance with all parties involved as per its policy. Customer shall be bound by the outcome of such investigation made by RPSL. Redressal mechanism for complaints along with the escalation matrix and contact details are available on the website of RPSL. Also
RPSL shall not be made a party to any dispute between the Customer and Merchant Establishment, Special Service provider including third party service provider over any issue related to the transaction between the Customer and the Merchant Establishment and/or Special Service Provider.
12. LIMITATION OF LIABILITY
In no event shall our total cumulative liability to the Customer for any and all claims relating to or arising out of the Customer’s use of the Services, regardless of the form of action, exceed value of Transaction under dispute. In no event shall RPSL be liable to the Customer(or to any third party claiming under or through the Customer) for any indirect, special, incidental, consequential or exemplary damages arising from the Customer’s use of, or inability to use, the Services and/or for any reason whatsoever. These exclusions apply to any claims for lost profits, lost data, loss of goodwill, work stoppage, computer failure or malfunction, any other commercial damages or losses, even if RPSL knew or should have known of the possibility of such damages.
13. DISCLAIMER
RPSL may suspend or cease the operation of the Services and/or Wallet, Website and/or mobile app for any reason with or without giving any prior notice. RPSL reserves the right to change the content on the Website and/or mobile app, and/or suspend or change the product or service offered on the Website and/or mobile app. The Customer agrees that in any mentioned case, Customer will use the Wallet, and/or Services and/or Website and/or mobile app of RPSL at its own risk and RPSL is not responsible for any loss or damage.
14. PRIVACY POLICY
All of the information that RPSL collects from the Customer, such as registration details, and debit/credit card information etc., is subject to its privacy policy. The Customer agrees that it shall read the RPSLs Privacy policy published on the Website and keep itself updated at all the time.
15. ASSIGNMENT
The Customer agrees and confirms that RPSL has right to assign this Agreement including Wallet and/or Services to any third parties including but not limited to any of its affiliates, holding company, subsidiaries, affiliates, associates and group companies.
16. JUDICIAL RECOURSE
These terms and conditions will be governed by and construed in accordance with the laws of the Republic of India without giving effect to any principles or conflicts of law. The courts in Mumbai shall have exclusive jurisdiction over any dispute arising from use of Wallet and/or Services. The Customer expressly consents to the personal jurisdiction of said courts and waives any objection to such personal jurisdiction based on forums non convenience or any other basis.
17. TERM AND TERMINATION
The Customer agrees that these terms and conditions are effective until terminated by RPSL and RPSL reserves the right to terminate these terms and conditions any time. RPSL may move, change, suspend or end any part of the Wallet and/or Services provided by RPSL. RPSL reserves the right to terminate Customers membership and remove all the content in Customers Wallet/Services for reasons, including, but not limited to: violation of any governing policy or Applicable Law.
