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MobiCash


Mobicash and Bhartiya Mahila Bank partner for open loop prepaid wallet

Merchant terms and conditions

Definitions

I/We/Us/Company:

You/Your/Merchant:

"Member" or "Customer" shall mean and include any Individual/organization who has registered with an Issuer for availing the mobile telephony based payment services using Mobicash technology for purchase of goods and services and payment of utility/essential bills.

"Equipment" shall mean the Electronic Data Capture terminal (EDC) with integrated PIN pad, imprinter, credit authorization terminal or any other machine, which expression shall include any replacement, modification, enhancements and/or additions to the Equipment (including the software thereto used) as may be provided for/caused to be provided for authorization by the Company.

"Issuer" shall mean and include issuer of Pre-Paid Payment Instrument using Mobicash Technology

"Merchant Code" shall mean and include a digit numerical code issued to the Merchant by the Issuer/Company after the formal tie up for facilitating Pre Paid Payment service to customers, that is prominently displayed at the Merchant counter to be used while making payment

"Merchant Discount Rate (MDR)" means the service fee at the rate mentioned in the Schedule hereto as may be charged by the Company in consideration of providing the services herein subject to change from time to time at the Company's sole discretion.

Mobicash Technology shall mean and include

"Pre-Paid Payment Instrument" shall mean and include a mobile phone based pre-paid account that can be utilised for transactions as permitted by rules and regulations using Mobicash Technology that is issued to the customer by Issuer

"Payment Transaction" shall mean and include the processing of a payment service through mobile phone that results in the debiting or charging of the balance of the customer available with the Issuer and the crediting of Merchant's account.

1. Applicability:

These Terms and Conditions shall be applicable in respect of each and every transaction involving payment by means of mobile phone using Mobicash Technology.

The Merchant hereby undertakes to honour and accept every Pre-Paid Payment Instrument when properly presented as payment by Customers for all transactions. The Merchant shall not discriminate against, or discourage the use of Pre-Paid Payment Instruments in favour of any other instruments or other payment mode accepted by the Merchant.

2. Permissible Transactions:

Merchant shall allow Customer to use Pre Paid Payment Instrument for purchase of goods/services and utility bills/essential services that is purchased from a Merchant through a legitimate, bona fide sale of the Product/Service.

Merchant is not permitted to make cash advances or to facilitate the purchase of cash equivalents (travellers' cheques, prepaid cards, money orders, etc.).

Merchant shall not use Pre Paid Payment Instruments to process Payment Transactions in connection with the sale or exchange of any illegal goods or services or any other underlying illegal transaction.

Merchant shall not permit use of Pre Paid Payment Instruments in connection with the sale/purchase of goods or services, or other remittances that are prohibited and against the law of the land.

3. Merchant Equipment:

Merchant shall use his own mobile phone and service network for processing payments for Pre Paid Payment Instruments of his Customers.

Merchant shall use a compliant mobile phone and shall register his mobile phone number with the Company prior to commencing usage.

Merchant is aware and understands that only his registered mobile phone number will be available for processing payments. Mobile Phone number of the Merchant shall be registered in his own name and he shall provide proof thereof to the Company.

Merchant shall be responsible and liable for payment of dues to his mobile phone service provider and Company shall not be responsible for the same. In the event of any default in the same leading to suspension/termination by the Merchant's mobile telephone service provider, Merchant shall not be able to process any payments.

4. Equipment, Installation and Use (Applicable only where Merchant is provided equipment by the Company)

The Merchant shall arrange, co-operate, and provide for installation at the Merchant's premises the Equipment and such related accessories and software as the Company may deem fit and appropriate. The Merchant states and undertakes that the Equipment shall be used exclusively at the Merchant establishment for the purchase of goods or services for which the Merchant has been signed up and for no other purpose whatsoever.

The Merchant shall keep the Equipment in good condition. The Merchant undertakes and acknowledges to safe keep and control the use of the Equipment such that any transaction using the Equipment shall be deemed to be authorized and sanctioned by the Merchant.

The Company shall be entitled to charge the Merchant for the costs of the Equipment(s) and/or the costs of repairing the Equipment(s) in the event the Equipment(s) is/are damaged as a result of improper handling by the Merchant.

The Merchant shall not sell, assign, transfer, lease or otherwise cause \or allow or attempt to cause or allow, any dealings with the Equipment or any encumbrance on the Equipment to be created

The loss or damage arising out of negligence, or misuse of the Equipment and / or default in payment due to any reason whatsoever or that of any telecommunication devices attached to / inbuilt within / embedded in the Equipment shall be to the account of the Merchant.

The Merchant shall permit the authorized representatives of the Equipment Provider or any other concerned service provider to carry out physical inspections of the Equipment or telecom equipment (or possession of any of these, in case of termination of this facility) during business hours, with or without prior notice.

Company reserves the right to charge a monthly processing fee for the EDC facility.

Merchant shall upon instructions of Company install or cause to install such telecommunication equipment as deemed fit by the Company.

5. Authorization and Payment:

Merchant must obtain an authorization from Company for any and every charges incurred by the Customer.

Where Company has reason to believe that any charges have been fraudulently incurred or charged either on a valid Pre Paid Payment Instrument or where Company has reason to investigate or cause to be investigated any charges (hereinafter referred to as "Suspect charges"), Company shall be entitled to withhold payment pertaining to such Suspect Charge(s) for a period not exceeding 6 (six) months from the due date of payment under sub-clause (a) above.

PROVIDED THAT if before expiry of 6 (six) months from the due date of payment under sub-clause (a) above, Company determines after due enquiry and investigation that the charge is a Valid Charge and not a Suspect Charge, Company shall release such withheld payment.

PROVIDED FURTHER that if within the said period of 6 (six) months Company determines after due enquiry and investigation that any suspect charges is not a valid charge, Company shall be entitled not to pay the same at all and the Merchant undertakes not to raise any claims thereto.

All payments to Merchant shall be after deducting the MDR as specified in the Schedule appended below and as amended from time to time by the Company.

6. Indemnity:

The Merchant will indemnify Company and shall be responsible for any and all claims, demands, actions, suits or proceeding, liabilities, losses, costs, expenses, taxes, legal fees or damages asserted or incurred by/against Company by any person or customer on account of acts of commission or omission by the Merchant in connection with the sale of goods and services (by the Merchant) and the performance of these Terms and Conditions.

The indemnity provided herein shall survive the termination/cancellation hereof in so far as it pertains to events that transpired during the subsistence hereof.

The Merchant hereby confirms and acknowledges that they shall comply and has complied with all applicable laws of the land and further acknowledges that Company shall have no obligation to verify whether or not the Merchant has acted in accordance therewith.

The Merchant hereby also confirms and acknowledges that it is aware of and agrees to abide by the rules, regulations and guidelines of the Reserve Bank of India and other laws as may be in force from time to time.

7. Data Connectivity:

The Merchant shall not deploy any other payment applications in the equipment which has the capacity to capture Pre-Paid Payment Instrument details, except after being informed to the Company in advance and concurrence thereof obtained from the Company.

8. Chargebacks:

In case any valid charges of any Customer are required to be credited back to such Customer in accordance with these Terms and Conditions, the Merchant will not allow such Customer to encash any cheque and/or the Merchant will not make any cash advances and cash refunds directly to such Customer. Further, Company will not be responsible or held liable for refund of such valid charges, by the Merchant directly to the Customer. Merchant will not do cash refund or cash advance or cash withdrawal for Pre Paid Payment Instruments used for transacting at his establishment.

9. Transfer of Ownership:

Company will be immediately advised of any sale, assignment, lease or transfer in any way of the Merchant of its business or establishment. The rights obtained under these Terms and Conditions are not assignable without written prior approval by Company.

Where the Merchant proposes to change the nature of business or merchandise sold, which may result in the Merchant Category to be changed in the books of the Company/Issuer, the equipment shall be used only after such change is informed to the Company and acceptance thereof conveyed in writing to the Merchant.

10. ALTERATIONS OF TERMS AND CONDITIONS:

Company may, from time to time, add to, alter, delete or modify any of the terms and conditions contained herein without prior notice to Merchant.

11. Disputes and Arbitration:

In case of any dispute or differences, breach and violation relating to these Terms and Conditions, the parties shall first endeavor to settle such differences/disputes by friendly consultation and failing such settlement, the same shall be resolved through arbitration, by a sole arbitrator to be appointed by the Company. The award of the arbitrator shall be final and binding on both the parties. The arbitration proceedings shall be conducted as per the provisions of the Arbitration and Conciliation Act, 1996 and/or any statutory modification or re-enactment or there of any rules made thereof, in English language, at Mumbai.

These Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of Mumbai.

12. Term and Termination:

These Terms and Conditions shall commence on the Effective Date and shall continue in effect for a period as mentioned in the Schedule hereto commencing from the Effective Date ("Term"), unless terminated earlier pursuant to the terms and conditions herein.

In the event of the Merchant failing to observe these Terms and Conditions or committing a breach hereof, becoming disentitled to honor a valid Pre Paid Payment Instrument or is otherwise not acceptable to Company, Company will be entitled, without notice and without being required to prove actual breach, to terminate the facility immediately.

In the event of the Merchant not transacting any business with Company for a continuous period of 3 (Three) months, Company reserves the rights to cancel the Merchant's affiliation in relation to the Pre Paid Payment Instruments.

Either Party shall be entitled to terminate this arrangement without cause at any time by service of a thirty (30) day notice in writing to the other Party.

Notwithstanding the aforesaid, Company shall be entitled to terminate this arrangement with immediate effect in the event of Company being of the view that the risks involved in continuing with the arrangement outweighs the benefits or in the event of Company receiving any Customer complaints. The view of Company in this regard shall be final and binding on the Parties. This termination shall take place forthwith on notice of the same being provided to the Merchant.

Upon the termination of the facility for whatever cause or without cause, the Merchant shall return the Equipment provided by Bank. Further the Merchant shall forthwith pay all dues for the Equipment and/or for any telecom equipment to the concerned service provider.

The compliance of these Terms and Conditions can be terminated by either party forthwith and without the grant of any prior notice, upon the happening of any of the following events (i) If a winding up petition is admitted against either party (ii) If either party fails to perform any material obligations or undertaking as per these Terms and Conditions or any representation or warranty given by is found to be false, incorrect, misleading or untrue (iii) If the Merchant does not agree with any variation or amendment suggested by the Company to these Terms and Conditions or fails to respond within 10 (ten) days by registered post, from the receipt of notification regarding the variation or amendment by the bank as provided hereafter.

13. Confidentiality

Merchant shall not, without the prior written consent of the Company, use or disclose any information whatsoever relating to any transactions to any other person or otherwise use any information acquired by it in relation to the Customers or any other information about the Company or its affiliates obtained during the term of this Agreement other than for the purposes of this compliance of these Terms and Conditions, unless such information is required to be disclosed by a statutory or regulatory authority of competent jurisdiction.

This confidentiality condition shall continue in force even after the termination of this facility in respect of information obtained during the subsistence of this facility.

14. Authority:

By signing herebelow, the Merchant represents that the signatory hereof has full authority to do so and execution of this document by the signatory hereof creates a fully binding obligation on the Merchant.

15. Miscellaneous

Merchant shall follow process and procedures as laid down by Company for resolving queries/issues concerning the Customer, Pre Paid Payment Instrument, the Equipment, and Telecom Services. Merchant acknowledges receipt of such procedures, processes and relevant contact numbers for query resolution.

Assignment: Merchant shall not assign any of the rights and obligations under these Terms and Conditions without the prior written consent of the Company.

Merchant shall enter into such agreements, execute such papers and documents as necessary to give effect to the arrangement hereunder at the option of the Company.

Representation: Merchant states that he has not entered into this arrangement in reliance on any representation, statement or warranty (whether written or verbal and where express or implied) made by or on behalf of the Company other than such as are expressly set out herein.

Entire Document: This document constitutes the entire Terms and Conditions between the Merchant and Company pertaining to the subject matter hereof and supersedes in their entirety all written or verbal agreements between the parties.

Relationship between parties: The parties to these Terms and Conditions are independent parties and nothing in this document shall make them joint ventures, partners, employees, agents or other representatives of the other party hereto and neither party shall make any representation that suggests otherwise.

Severability: If any clause of these terms and Conditions is determined to be unenforceable for any reason, then the remaining provisions hereof shall remain unaffected and in full force and effect.

Modification: Any modification, amendment, supplement, or other change to these Terms and Conditions shall be done only in writing duly signed by the authorized signatory of both the parties.

Rights and Remedies: All rights and remedies hereunder shall be cumulative and may be exercised singularly or concurrently. If either party fails to perform its obligations under any provision of these Terms and Conditions or the other party does not enforce such provision, failure to enforce on that occasion shall not prevent enforcement on later occasions.

Survival of Provisions: Notwithstanding any other provision to the contrary herein, terms that by their nature survive termination or expiration of this arrangement shall bind the parties following any expiration or termination of this arrangement.

Headings and sub headings: The headings and sub headings in this document are for convenience only and do not affect the meaning of the relative section / clause.

Company reserves the right to recover/set off dues owed by Merchant to Equipment Provider/Telecom Provider against any payments by Company to Merchant. Further these Terms and Conditions are without prejudice to any rights, legal or otherwise, that Equipment Provider or Telecom Provider may have against the Merchant.

Notices: Any notice, direction or instruction given under these Terms and Conditions shall be in writing and delivered by hand, post or fax to (i) the Merchant at its normal place of business as specified in the Application hereinabove, and (ii) to the Company at its address mentioned in the application form. Notice and instructions will be deemed served 10 (ten) days after posting or upon receipt in the case of by post, hand delivery, or fax.

The service is provided "as is." issuer and its affiliates make no representation or warranty of any kind whatsoever for the service or functions or the software used on or accessed through the service, or for any breach of security associated with the transmission of sensitive information through the service. Issuer disclaims without limitation, any warranty of any kind with respect to the service, noninfringement, merchantability, or fitness for a particular purpose. Issuer does not warrant that the service will be uninterrupted or error free. The issuer shall not be responsible for any service interruptions, including, but not limited to, system failures or other interruptions that may affect the receipt, processing, acceptance, completion or settlement of payment transactions or the service

Issuer may establish general practices and limits concerning use of Pre Paid Payment Instruments, including without limitation individual or aggregate transaction limits on the rupee amount or number of Payment Transactions during any specified time period(s), in accordance with the guidelines of the Reserve Bank of India. We do not warrant that the functions contained in this service will be uninterrupted or error free and we shall not be responsible for any service interruptions (including, but not limited to, power outages, system failures, mobile errors or other interruptions that may affect the receipt, processing, acceptance, completion or settlement of Payment Transactions)

All taxes and government levies shall be to the account of the Merchant.

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