Notwithstanding anything contained elsewhere, SabPaisa reserves the right to modify, alter, amend, revise these Terms, update the Platform and Services at any time, without prior notice, to improve your experience on the Platform and on account of changes in Applicable Law. It is strongly recommended that you visit the Platform periodically to review the latest and updated version of the Terms. If you do not agree with any changes made by us, you may stop using the Platform and Services. Your continued access or use of the Platform or Services after such modifications/ review shall constitute your acceptance of the modifications/ reviews.
These Terms are a binding agreement between you and SabPaisa. These Terms are in addition to and not in derogation of any other terms stipulated by SabPaisa from time to time. In case of any conflict between these Terms and such other terms, these Terms will prevail. Throughout this document, we use the terms “we” and “our” to refer to SabPaisa and the terms “you” and “your” to refer to you, the User of the Platform. Both SabPaisa and the User are collectively referred to as “Parties” and singularly referred to as “Party”.
You shall register or become a User of the Platform or Services only if you are 18 years or above, and can enter into legally binding contracts as per Applicable Law. To access/use the Platform or Services, you need a valid e-mail address and Indian mobile phone number. Users who have been previously suspended or removed from availing any of the Services shall not be eligible to access/use the Platform or Services at any time. Users shall not impersonate any person or entity, or falsely state or otherwise misrepresent identity, age or affiliation with any person or entity and you may not have more than one active Account (defined below).
For the purpose of these General Terms and Conditions, the following words and phrases shall have the meaning assigned to them under this Article.
“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.
“Account” shall have the same meaning as ascribed to it under Clause 1.2 of these Terms; “Affiliate” shall mean and include any individual, entity, firm, body corporate, which directly or indirectly, controls, is controlled by, or is under common control with SabPaisa; “Applicable Law” shall mean and include reversal of any transaction made by Service Provider’s User inter alia, on account of, including but not limited to: “Chargeback” shall mean and include reversal of any transaction made by Service Provider’s User inter alia, on account of, including but not limited to:
- any alleged forgery of the User’s account, card or other details pertaining to the transaction;
- any charge/debit made on account or card that has been listed as a hot listed card or otherwise listed on the card association warning bulletins;
- duplicate processing of the transaction;
- any amount required to be refunded due to, denial of a transaction by the User / valid card holder as wrongly charged payment / extra payments and/or due to the fraudulent use / misuse of the personal and financial information of the Service Provider’s User by any unauthorized person and / or any other reason as required / approved by the concerned banks, as the case may be.
“Effective Date” or “Registration Date” shall mean the date of registration of account of the User on SabPaisa’s platform.
“KYC” or “Know Your Customer” shall mean the process prescribed under the Applicable Law to collect and authenticate the User’s personal or business identification details before offering the Services to the User.
“Services” shall mean the services provided by SabPaisa and various Service Providers to the Users utilizing the SabPaisa Platform including but not limited to banking services, non-banking services and other such services either by itself or through a Merchant.
“Service Provider” shall mean any banking and/or non-banking entity with which SabPaisa has, directly or indirectly, executed an agreement for facilitating Transactions between such entity and its customers.
“Users” shall mean individuals including all body corporates, partnerships, limited liability partnerships, etc., who are availing SabPaisa services through the SabPaisa platform.
- GENERAL TERMS AND CONDITIONS
These General Terms and Conditions govern the User’s access to the Services provided by SabPaisa:
i. INFORMATION SUPPLIED TO SABPAISA
Users agree that the information provided by the Users to SabPaisa on registration and at all other times, including payment, is true, accurate, current, and complete.
ii. SECURITY OF ACCOUNT
Users’ mobile number, Permanent Account Number (“PAN”) and e-mail shall be used to identify their Account with SabPaisa through which Services shall be dispensed (“Account”). The User is recommended to choose a strong password and Personal Identification Number (“PIN”) to protect their Account. The User shall not share their password and PIN with anyone. Neither SabPaisa nor its Service Providers, under any circumstances, will ever ask for a User’s Account password, PIN or OTP or any other Confidential Information. If a User has any reason to believe that his/her Account is no longer secure, the User shall immediately change the Account password and PIN. In case the User is unable to secure his/her Account or has sufficient reason to believe that his/her Account might be compromised, the User shall inform SabPaisa promptly.
iv. RECLAIMING INACTIVE ACCOUNTS
SabPaisa reserves the right to reclaim an Account without any prior notice to the concerned User if the Account is found to be inactive. For the purpose of this clause, an Account is considered as inactive if the concerned User has not signed in and/or has not done any transaction(s) for more than six (6) consecutive months.
v. THIRD PARTY SITES, PRODUCTS AND SERVICES
SabPaisa’s Services and/or Platform may include links or references to third-party websites or services solely for User’s convenience (“ Reference Sites ”). SabPaisa has no control over the Reference Sites and does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through them. Correspondence or business dealings between Users and the concerned Reference Sites are solely between such User and the concerned Reference Site. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at the concerned User’s own risk. You acknowledge and agree that SabPaisa shall not be liable, directly, or indirectly, for any loss or damage caused or alleged to be caused by your use of or reliance on any materials, products, and services on or available through Reference Sites. It is also clarified that SabPaisa shall have no liability with respect to any acts, omissions, errors, representations, warranties, breaches, or negligence of the Reference Sites or for any personal injuries, death, property damage, or other damages or expenses resulting from your interactions with the Reference Sites.
vi. COMMUNICATION POLICY The User hereby accepts that:
SabPaisa may send transactional or non-transactional business communication in the form of SMS or Email or Push notifications as part of its efforts to fulfil the User’s request or service your account.
A User may continue to receive transactional and critical communication from SabPaisa even after opting out of marketing communications.
- SabPaisa may send transactional or non-transactional business communication in the form of SMS or Email or Push notifications as part of its efforts to fulfil the User’s request or service your account. A User may continue to receive transactional and critical communication from SabPaisa even after opting out of marketing communications.
- SabPaisa will make the best efforts to provide notifications and it shall be deemed that the User shall have received the information sent from the Company during the course of, or in relation to, using the SabPaisa Platform or availing any Services. SabPaisa shall not be under any obligation to confirm the authenticity of the person(s) receiving the alert. The User cannot hold the Company liable for non-availability of any notification service in any manner whatsoever.
vii. LIMITATION OF LIABILITY
- In no event will SabPaisa 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.
- SabPaisa’s services, the Site or any Reference site, or
- User’s use or inability to use SabPaisa’s services, the Site or any Reference Sites, even if SabPaisa or a SabPaisa authorized representative has advised of the possibility of such damages,
- unauthorized access to or alterations of transmissions or data, any material or data sent or received or not sent or received,
- any transactions entered into by any third person or conduct of any other third party or any infringement of another’s rights,
- the use of counterfeit or stolen cards, or stolen devices, or
- fraudulent electronic transactions.
- It shall be at the sole discretion of SabPaisa to reverse any transaction subject to approval of the concerned Service Provider. Notwithstanding the above, if any court of law finds that SabPaisa or its directors, officers, or employees, are liable to indemnify a concerned User despite the existence of this Clause 1.7, such liability shall not exceed the amount paid by the concerned User, if any, for using the portion of the SabPaisa’s services or the Site giving rise to the cause of action.
- Users acknowledge that the warranty, disclaimers, and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between Users and SabPaisa, and that the warranty, disclaimers, and the limitations of liability set forth herein form an essential basis of the bargain between Users and SabPaisa. SabPaisa would not be able to provide the services to Users on an economically reasonable basis without these limitations.
- Users understand that SabPaisa or the Service Providers may reject authentication and/or authorization of transaction placed by Users for any reason including but not limited to insufficient funds, incorrect authentication details provided, expired card/bank account, risk management, suspicion of fraudulent transactions, selling of restricted or banned items, use of compromised cards or bank account numbers, use of banned/blacklisted cards or bank account numbers, use of suspicious API or in accordance with the regulator, Issuing, Acquiring Institution and/or Card Network rules, guidelines, regulations, etc. and any other laws, rules, regulations, guidelines in force in India.
- User further acknowledge that as a security measure SabPaisa and/or the Service Providers may at our sole discretion, permanently or temporarily, block any card number, account numbers, group of cards or transactions from any specific blocked or blacklisted cards / accounts, specific, group of IP addresses, devices, geographic locations and / or any such risk mitigation measures it wishes to undertake.
- As a risk management tool, SabPaisa and/or the Service Providers reserve the right to limit or restrict transaction size, amount and/or monthly volume at any time. SabPaisa will consider a variety of factors in making a decision and such determination will be at our sole discretion.
viii. FRAUDULENT TRANSACTIONS
1. If SabPaisa is intimated, by the bank, that a customer has reported an unauthorized debit/chargeback of the customer’s Payment Instrument (“Fraudulent Transaction”), the User shall be notified by SabPaisa. The User shall be entitled to furnish documents and information pertaining to the Transaction associated with the Chargeback within one (1) day (or such other period specified by the bank).
2. The User agrees and acknowledges that
- if the User is unable to furnish Chargeback Documents
- the bank is not satisfied with the Chargeback documents furnished by the User, then the bank shall be entitled to order the SabPaisa to affect a reversal of the debit of the Chargeback Amount associated with the Chargeback such that the said chargeback amount is credited to the customer’s Payment Instrument.
3. SabPaisa shall also be entitled to suspend the settlement of the amount under dispute or hold the value of transaction under dispute from following the settlement of the transaction during the pendency of inquiries, investigations and resolution thereof by the Service Providers to the User.
4. Pursuant to clause 1.8 (ii) above, if the amount in respect of the Fraudulent Transaction has already been settled to the User, any dispute arising in relation to the said Fraudulent Transaction, shall be resolved in accordance with the notifications, circulars and guidelines issued by the regulators or Service Providers in this regard from time to time.
5. The User also agrees and acknowledges that it is liable to pay fines, penalties and charges imposed by the Banks, card payment networks or any regulatory authority on account of Transactions that are in violation of Applicable Law.
6. The User further agrees and acknowledges that following SabPaisa incurring the charge stipulated in clause 1.8(iii), if the available Transaction Amounts are insufficient for deduction of the Chargeback Amount, then SabPaisa is entitled to issue a debit note seeking reimbursement of the Chargeback Amount from the User. The User shall reimburse the Chargeback Amount within three (3) working days of receipt of the debit note.
7. The Parties hereto agree that any payment instructions for Transactions accepted by the User as per the terms hereof which are subsequently disputed due to (a) the authorization by the User of any Transaction with an amount exceeding the User’s account balance or credit limit, or (b) the authorization by the User of a fraudulent Transaction, shall always be the liability and responsibility of User.
8. The User hereby acknowledges and agrees that SabPaisa is a facilitator for payment processing services which are requested by Users and SabPaisa shall not be responsible for any unauthorized transaction done by any person including third party and amounting to infringement of another’s rights or any chargebacks claimed by the customers. It will be the responsibility of Users to ensure due protection while transacting online or otherwise. SabPaisa will assist the Users in settling any queries related to the Services that arise between the Users, and its customers. However, SabPaisa shall bear no responsibility with respect to the dispute or query related to payment made by the customers to the Users.
ix. SECURITY OF YOUR ACCOUNT
- The User confirms and certifies that it shall not engage in any act that violate any laws and regulations. It shall also ensure that the financial data or any other information of the customers received by the User are stored in a system only in India. This data shall include full end to end transaction details / information collected / carried / processed as part of the message / payment instructions. The User also acknowledges and agrees that the account balance maintained by the Users on SabPaisa Platform shall be non-interest bearing and shall be forfeited by SabPaisa if found lying unused for more than 365 days.
x. USER’S REPRESENTATIONS AND WARRANTIES
The User represents and warrants that:
- it shall be responsible to obtain any and all consents and approvals that are required from regulatory or governmental authorities, including any consent from customers required to transfer data to the User and/or the SabPaisa Platform, as the case may be, in accordance with Applicable Law,
- it shall not access (or attempt to access) the website and the Products by any means other than through the interface that is provided by SabPaisa. 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 SabPaisa Platform, or in any way reproduce or circumvent the navigational structure or presentation of the platform, without SabPaisa’s express prior written consent.
- it shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password “mining” or any other illegitimate means.
- it shall inform the Company in case Income Tax Return is not filed by the User as per sec 139(1) of Income Tax Act, 1961 for the previous financial years starting from FY 2018-19 and undertake to indemnify and keep indemnified SabPaisa against any and all losses, claims, liabilities, costs, taxes, interest, penalties imposed by any government and regulatory authority for non-complying with Section 206AB or any other provisions of Income Tax Act, 1961. The User also agrees that in case of any non-compliance as per the above-mentioned section the Company shall recover the TDS amount from the User along with interest and penalty.
User agrees to indemnify, save, and hold SabPaisa, 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 SabPaisa, 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 SabPaisa’s services or of the Site/application
- any claim or legal notice or quasi-legal proceedings to which SabPaisa may be required to become party or to which SabPaisa 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 SabPaisa,
- all liability, claims, damages, costs, expenses suffered or incurred by SabPaisa as a result of any act or violation by User under Section 269ST of the Income Tax Act, 1961 while acting as collection agent of the Company.
- SabPaisa 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 SabPaisa. The User agrees to cooperate with SabPaisa’s defense and settlement of these claims. SabPaisa will use reasonable efforts to notify the User of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it.
To the fullest extent permissible pursuant to Applicable Law, SabPaisa 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 SabPaisa or through SabPaisa’s services or the Site will create any warranty not expressly stated herein. SabPaisa does not authorize anyone to make any warranty on its behalf and Users should not rely on any such statement. Users acknowledge that SabPaisa is a reseller and is not liable for any third-party seller’s obligations. It is User’s responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, merchandise and other information provided through the Site or on the internet generally. SabPaisa 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. SabPaisa’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. SabPaisa 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 SabPaisa’s services, the Site or any Reference Sites in terms of correctness, accuracy, reliability, or otherwise.
xiii. INTELLECTUAL PROPERTY
- SabPaisa’s services and the Site are owned and operated by SabPaisa 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 SabPaisa’s services and the Site provided by SabPaisa (the “Materials”) are protected by Applicable Law. As between User and SabPaisa, all Materials and SabPaisa’s Intellectual Property are the property of SabPaisa and/or third-party licensors or suppliers. User agrees not to remove, obscure, or alter SabPaisa 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 SabPaisa’s services. Except as expressly authorized by SabPaisa, 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 SabPaisa’s Intellectual Property.
- Parties do not accrue any rights or interest in the other Party’s Intellectual Property and use of any Intellectual Property by either Party shall be strictly for the fulfilment of and in compliance with the terms of the agreement between the Parties.
- The Parties undertake that they shall not, nor will they allow others to, reverse engineer or disassemble any parts of the other’s Intellectual Property.
- If Users’ have comments regarding SabPaisa’s services and the Site or ideas on how to improve it, please write to our 24×7 Helpdesk at [email protected]. Please note that by doing so, concerned User hereby irrevocably assign to SabPaisa, and shall assign to SabPaisa, all right, title and interest in and to all ideas and suggestions and any and all worldwide intellectual property rights associated therewith. The concerned User agrees to perform such acts and execute such documents as may be reasonably necessary to perfect the foregoing rights.
- The User undertakes that:
- they shall use the Intellectual Property solely for discharge of their duties under the Applicable Agreement,
- they shall use Intellectual Property of other party only in the form and manner stipulated by such other party,
- they shall seek prior written consent from other party for use of such party’s Intellectual Property which is not previously provided for by such Party,
- they shall bring to other party’s notice all cases concerning such party’s Intellectual Property’s (a) infringement, (b) passing off, (c) registration, or (d) attempted registration,
- they shall render to other party all assistance in connection with any matter pertaining to the protection of such party’s Intellectual Property whether in courts, before administrative agencies, or otherwise,
- they shall refrain from taking any action which shall or may impair other party’s right, title or interest in the Intellectual Property, or create any right, title or interest therein or thereto, adverse to that of the other party,
- they shall not use or permit to be used the Intellectual Property by any unauthorized person, and
- they shall not misuse the Intellectual Property or use it together with any other mark or marks.
- The User shall keep Confidential Information as confidential. The User confirms that it shall protect Confidential Information with such security, confidentiality and degree of utmost care as it would prudently apply to its own confidential information and use it solely in connection with the transaction to which the Confidential Information relates. The User acknowledges and agrees that it is aware of the sensitivity & secrecy involved in keeping the customer data/information and transaction records and shall ensure that neither the User nor their employees, directors etc. will do any act to violate the same.
- The User hereby agrees that it shall not disclose any Confidential Information received by it without the prior written consent of the Company to any third party at any time. Provided however, that either Party may make the following disclosures for which no consent shall be required from the other Party:
- Disclosures to its directors, officers, employees, affiliates / subsidiaries / group / holding companies, third party service providers and any employees thereof that it reasonable determines need to receive the Confidential Information;
- Disclosures to its legal and other professional advisers, instructed by it that it reasonably determines 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.
- SabPaisa reserves the right to suspend or terminate the User’s access to SabPaisa Platform and Services without prior notice and without any liability to the User or any third party, in the event,
- the User is engaged or is suspected to engage in any restricted, illegal, fraudulent or abusive activity;
- the User provides any information which is incomplete, inaccurate or false or SabPaisa has reason to believe that such information is incomplete, inaccurate or false.
- Any suspension/termination of the User’s access to SabPaisa Platform and Services shall be without prejudice to SabPaisa’s right to exercise any other remedy available to it under the applicable law.
xvii. GOVERNING LAW AND DISPUTE RESOLUTION
xviii. FORCE MAJEURE
- NOTICE: SabPaisa may provide Users with notices and communications by email, regular mail, or posts on the SabPaisa website(s) or by any other reasonable means. Except as otherwise set forth herein, notice to SabPaisa must be sent by courier or registered post to the Legal Department, SabPaisa India Limited, 1st Floor, B1/A5, Mohan Cooperative Industrial Estate, New Delhi – 110044, India.