TERMS AND CONDITIONS

TERMS AND CONDITIONS Pay 2 All

The following terms and conditions (“T&C’s”) are a binding agreement between you and PAY 2 ALL India Financial Services Private Limited (“PAY 2 ALL”). By using the website [www.pay-2-all.com] (“Website”) for registering for the PAY 2 ALL (defined herein below), you agree to be bound by these T&C’s.

General Conditions of PAY 2 ALL

a)PAY 2 ALL will be issued only to resident Indians who have attained the age of 18 years, are competent to contract and are not a person barred from purchasing or receiving the wallet services under the applicable law.
b) The maximum monetary value that can be stored at any point of time in a PAY 2 ALL is INR 25,000/-(INR Fifty thousand only). The maximum permitted value of transactions at any point of time in PAY 2 ALL is INR 25,000/- (INR Fifty thousand only).
c) The PPI holder may at their discretion set fund transfer limits on their wallet by contacting the customer care. The customer care after due verification process shall implement the transfer limits within 48 working hours. The customer shall be informed of the transfer limit set by mail.
d) Any duplication/cloning of an PAY 2 ALL will be subject to cancellation and necessary legal action, if required, by PAY 2 ALL.
e) PAY 2 ALL shall not be liable/ responsible for any defect in the product/merchandise/goods purchased through third parties using the PAY 2 ALL. PAY 2 ALL will only assist on service failures of recharges and bill payments availed on PAY 2 ALL.
f) You understand and agree that your PAY 2 ALL account is linked to your registered mobile number. PAY 2 ALL will not be held liable for unauthorized use of PAY 2 ALL on account of loss/theft/misplacement of mobile number and/or SIM, unless you have informed PAY 2 ALL about such loss/theft/misplacement and have blocked PAY 2 ALL temporarily till you reactivate the same using a new SIM with same mobile number.
g) PAY 2 ALL may deal with or amend the PAY 2 ALL in compliance with any direction of any competent authority, laws, order or court with or without intimation to the wallet holder. h) Your correspondence or related activities with third parties, including payment
transactions and goods-delivery transactions, are solely between you and that third party. You agree that PAY 2 ALL will not be responsible or liable for any loss or damage of any sort incurred as the result of any of your transactions with third parties. Any questions, complaints, or claims related to any third party product or service should be directed to the appropriate vendor.
i) PAY 2 ALL reserves the right, at its sole discretion, to change, modify, add or remove portions of these T&C’s, at any time. The information that there has been a change in Terms and Conditions will be displayed on website. It is your responsibility to keep yourself updated and to check them periodically for any new changes or modifications. Your continued use of PAY 2 ALL Wallet shall mean that you accept and agree to the changes and modifications so made.
j) You are permitted to maintain and operate only one PAY 2 ALL at a time. Any suspected non-conformity with this requirement shall be just cause for the suspension/ discontinuation of any/all Wallets associated with you by PAY 2 ALL.
k) PAY 2 ALL is available for use in India only and cannot be used for cross-border transactions.
l) You must ensure the availability of sufficient funds before executing any transaction from your PAY 2 ALL.
m) You may note that withdrawing money from PAY 2 ALL is not allowed. Any outstanding credit PAY 2 ALL must be utilized only to make online payments or for money transfer.
n) PAY 2 ALL are non-transferable.
o) In the event of any dispute, PAY 2 ALL records shall be binding as the conclusive evidence of the transactions carried out through use of PAY 2 ALL.
p) PAY 2 ALL shall send all customer communications by SMS and/or email and the SMS shall be deemed to have been received by you after they have been submitted for delivery to the mobile phone operator.
q) You agree to receive all commercial message including transactional messages from PAY 2 ALL.
r) Any web-link on the Website to a third party site is not an endorsement of that web-link.
By using or browsing any such other web-link, you shall be subject to the terms and conditions in each such web-link.
s) Any amount transferred erroneously using the PAY 2 ALL by you to any merchant or third person shall not be refunded to you by PAY 2 ALL in any circumstances.

KYC Compliance

The use of PAY 2 ALL for PPI will be allowed in adherence to RBI KYC policy. For compliance to RBI KYC policy, PAY 2 ALL shall collect, verify and securely maintain your personal identification details before any Services can be delivered and at the time of Registration and/ or on a later date, for availing and / or continuation of the PAY 2 ALL.

Registration Data

To be able to use the PAY 2 ALL, you will have to get yourself registered with PAY 2 ALL. You acknowledge and agree that you are solely responsible for the activity that occurs from your PAY 2 ALL account, whether authorized by you or not, and you must keep your Wallet information secure and confidential, including without limitation your User number/login, password, payment method(s), and PIN/OTP (if any). You agree, inter alia, to: (i) provide true, accurate, current and complete information about yourself as prompted by the PAY 2 ALL’s registration form while registering (such information being the "Registration Data" ); (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete at all times; (iii) immediately notify us of any unauthorized use of your Wallet or any other breach of security.

You further agree that if you provide any information that is untrue, inaccurate, not current or incomplete or we have any reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with these T&C’s, we shall have the right to indefinitely suspend or terminate or block access of your membership with PAY 2 ALL.

Validity

PAY 2 ALL shall have a minimum validity of Twelve (12) months from the date of activation or issuance/transaction. You will be intimated through SMS, e-mail/post information to this effect in accordance with regulatory frame work prevailing and amended from time to time. In case of non-reloadable PAY 2 ALL, the transfer of outstanding amount at the expiry of the validity of the Wallet to a new similar Wallet purchased by the holder may be permitted at the sole discretion of PAY 2 ALL.

Wallet Charges

You shall pay the service charges prescribed by PAY 2 ALL in the form and manner prescribed for such payment. PAY 2 ALL charges for Domestic Money Transfer is upto 1%. PAY 2 ALL may at its discretion, change, amend, increase, or reduce the service charges without prior intimation to you. Any value in your PAY 2 ALL that is utilized towards making payments for any transaction shall be automatically debited from your PAY 2 ALL. PAY 2 ALL’s responsibility is limited to the debiting of your PAY 2 ALL and the subsequent payment to any other third party merchant that you might transact with. PAY 2 ALL does not endorse, promote, or warrant any goods and/or services that might be bought/availed or proposed to be bought/availed using PAY 2 ALL. PAY 2 ALL reserves the right to levy charges/ charge commission upon any amounts loaded upon your PAY 2 ALL or any amounts spent/utilized by you using PAY 2 ALL. PAY 2 ALL reserves the right to set off any balance in your Wallet in order to recover funds for transactions processed as per your request.

Redemption and Forfeiture

a. Any value in your PAY 2 ALL must be utilized within Twelve (12) months from the date of your last transaction or within 12 months from the date of activation, whichever is later.
b. If you do not use your wallet balance for 12 months as per clause 6 a ), the wallet will be blocked in compliance with RBI guidelines. PAY 2 ALL will intimate the customer three times at an interval of 15 days, through SMS/ email, during the 45 days period prior to deactivating or suspension of the wallet. All PPI holders can either re-activate the wallet after the due diligence or reclaim their amount in their bank accounts.
c. All PPI holders can reclaim their balance amount from the date of forfeiture or self closure of the wallet, to their bank accounts. This process of reclaim will include written request from PPI holder along with registered details and submission of ID document.

Suspension of Services

PAY 2 ALL reserves the right to suspend/discontinue PAY 2 ALL services to you at any time, for any cause, including, but not limited, to the following: a. For any suspected violation of the rules, regulations, orders, directions, notifications issued by RBI from time to time or for any violation of the terms and conditions mentioned in these T&C’s; b. For any suspected discrepancy in the particular(s) documentation or Enrolment Form provided by you; c. To combat potential fraud, sabotage, willful destruction, threat to national security or for any other force majeure reasons etc; d. If the same is due to technical failure, modification, upgradation, variation, relocation, repair, and/or maintenance due to any emergency or for any technical reasons. e. If the same is due to any transmission deficiencies caused by topographical and geographical constraints/limitations; f. If the mobile connection with which your PAY 2 ALL is related ceases to be operational or in your possession or control. g. If PAY 2 ALL believes, in its reasonable opinion, that cessation/ suspension is necessary.

Disclaimer of Warranties

PAY 2 ALL, including all content, functions, materials, and information made available on, provided in connection with or accessible through the PAY 2 ALL service, is provided "as is." to the fullest extent permissible by law, PAY 2 ALL makes no representation or service, content, materials, information and functions made accessible by the software used on or accessed through the wallet service, or for any breach of security associated with the transmission of sensitive information through the service. PAY 2 ALL disclaims without limitation, any warranty of any kind with respect to the PAY 2 ALL services, non-infringement, merchantability, or fitness of wallet for a particular purpose. PAY 2 ALL do not warrant the PAY 2 ALL services will be uninterrupted or error free. PAY 2 ALL shall not be responsible for any 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 any other service.

Limitation Of Liability:

In no event shall PAY 2 ALL be liable for any special, incidental, indirect or consequential damages of any kind in connection with these t&c’s including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with your use of PAY 2 ALL, even if PAY 2 ALL has been informed in advance of the possibility of such damages including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with your use of services. In no event shall PAY 2 ALL be liable for any special, incidental, indirect or consequential damages of any kind in connection with these T&C’s including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with your use of PAY 2 ALL, even if PAY 2 ALL has been informed in advance of the possibility of such damages including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with your use of services. The aggregate liability of PAY 2 ALL for any liability in case of unauthorised / fraudulent transactions involving us shall be limited to the transaction value subject to such unauthorized/fraudulent transaction is solely attributable to PAY 2 ALL.

Indemnification

You agree to indemnify, save, and hold PAY 2 ALL, 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 PAY 2 ALL Services, any violation by you of these T&C’s, or any breach of the representations, warranties, and covenants made by you herein. PAY 2 ALL reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify PAY 2 ALL, including rights to settle, and you agree to cooperate with PAY 2 ALL’s defense and settlement of these claims. PAY 2 ALL 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.

Intellectual Property Rights

We, or our licensors, own all right, title and interest, including, but not limited to all copyright, trademark, patent, trade secret or other proprietary rights (“Intellectual Property Rights”), in and to Website and the PAY 2 ALL. You shall not reproduce, distribute, transmit, modify, create derivative works, display, perform or otherwise use any of the Intellectual Property Rights, or attempt to reverse engineer, decompile, disassemble the said rights to create a competing product.

Grievance Officer

You have the right to register your complaint if you are not satisfied with the services or finds attitudinal deficiencies when dealing with agents/staff/service providers or finds system errors or sees gaps between standards of service promised and actual service rendered by PAY 2 ALL. You can lodge a complaint by sending email to [info.pay-2-all@gmail.com] .

Miscellaneous:

Force Majeure: We shall not be liable for failure or delay in performing our obligations under these T&C’s if such failure or delay is due to circumstances beyond our reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, terrorist or other attack, fire, flood, strike or other labor disturbance, interruption of or dely in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the services. Governing Law and Jurisdiction: These T&C’s shall be interpreted and construed according to, and governed by the laws of India. All disputes arising under this Agreement or any other agreement in relation to Services are subjected to the exclusive jurisdiction of courts at India.
Entire Agreement: These T&C’s inclusive of all such conditions and policies that are incorporated into these T&C’s by reference, set forth the entire understanding and agreement between you and PAY 2 ALL with respect to the subject matter hereof.

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