1. INTRODUCTION ON THE SCOPE OF THIS TERMS AND CONDITONS
• Fizopay is a digital financial facilitation service provided by FIZO PAY NETWORK PRIVATE LIMITED. Company registered under the Companies Act having registered office 1/1625-1, REVENUE WARD NO.1, RAILWAY STATION ROAD, Kadapa, YSR, Andhra Pradesh, 516001 (hereinafter referred to as the “Company”, which expression shall unless repugnant to the context or meaning thereof mean and include its successors and permitted assigns).
• You understand, agree and acknowledge that Your setting up of Membership Account, use of Company Services, use of this Platform, Website and/or Company Services including all information, tools and services available from this Platform to You is conditioned upon Your acceptance of all terms, conditions, policies and notices stated here, the terms whereof are subject to change at any time, without prior notice to You. Any new features or tools which are added to the current Platform shall also be subject to
• Under Fizopay, the company inter-alia provides Digital Banking & Payments industry to its customers in India by facilitating dissemination of digital financial services provided by various service providers including but not limited to services like Assisted Digital Financial Services like Aadhaar ATM, SMS Payment, Khata Service, Utility Payment, Prepaid Cards, Insurance, and Money Transfer by Fizopay App. (Company Services)
• The terms and conditions subject to which Company Services are provided to the Consumers (as defined below) are mentioned herein and the use of Company Service by Consumers is subject to this Consumers’ acceptance of the following terms and conditions (as may be amended from time to time) (“Agreement”/ “Terms of Use”).
• As an Applicant (as defined below), You may apply to open a Fizopay Membership Account (hereinafter referred as “Membership Account” / “Fizopay Account”) and avail “Company Services” by: (a) depending on online channel of registration of the Applicant, providing its details in the prescribed application format (“AF”) either by himself or with the assistance from the Retail Partner on this Platform (as defined below); and (b) by accepting and subscribing this Terms of Use by clicking on “I Agree” button at the end of this Terms of Use (below). Your acceptance of these terms and conditions shall be unconditional and without any limitation or qualification.
• Please carefully read these terms of use. By providing your consent and/or using this platform you indicate your understanding and acceptance of these terms and conditions. If you do not agree to these terms of services you may not use this platform
• this Terms of Use. To ensure that You are aware of the changes, please review this Terms of Use and all the documents referred to hereunder periodically.
2. Definition and Interpretation
• In this Terms of Use, unless the contrary intention appears and/or the context otherwise requires, capitalized terms defined by: (i) inclusion in quotations and/ or parenthesis have the meanings so ascribed; and (ii) the following terms shall have the meanings assigned to them herein below:
• “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, any implementing regulation or interpretation issued thereunder including any successor Applicable Law;
• “Applicant” shall mean You or any individual person above the age of [18 (Eighteen)] years, using an operational mobile phone connection, who applies either on his ownorapproaches the Company, for availing the Company Services in the capacity of being an Agent (Retailer/Distributor/Master Distributor);
• “Company Rules” shall mean policies issued by the Company with respect to its strategic business partners, retail partners, distributors, Consumers including but not limited to the policy on the code of conduct and other management policies as issued on the Website, Platform and/ or otherwise and amended from time to time;
• “Consumer” shall mean an Applicant who upon submission of the AF and upon completion of necessary formalities, is found to be eligible by Company, to avail the Company Services and has opened a Membership Account;
• “Governmental Authority” means any nation, state, sovereign, or government, any federal, regional, state, local or political subdivision and any entity exercising executive, legislative, judicial, regulatory or administrative functions of or pertaining to government, constitutionally established and having jurisdiction over any of the parties (to the extent relevant to the transactions contemplated hereby) or the assets or operations of any of the foregoing or the transactions contemplated hereby; “INR” or “RS” means Indian Rupees, the lawful currency of the Republic of India;
• “Intellectual Property” shall mean all intellectual property used for the purpose of or in association with or in relation to providing the Company Services utilising the Platform and includes without limitation, (a) Software, operating manuals, software code, program, instructions, specifications, processes, input methods, data or information used in relation to, in association with or for the operation of the software installed by Company ; (b) the trademarks, service marks, trade names, business names, logos, symbols, styles, colour combinations used by Company 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; and (d) 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, labelling specifications, rights on software, and any other knowledge or know-how of any nature whatsoever;
• “KYC Guidelines” of “KYC” shall mean the Know Your Customer (KYC) guidelines as set forth by Governmental Authority including RBI;Applicant has to provide self-attested copies of valid Proof of Identity, Proof of Address and relevant KYC details as per the KYC guidelines;
• “Person” shall mean any individual (including personal representatives, executors or heirs of a deceased individual) or legal entity, including but not limited to, any partnership, joint venture, corporation, trust, unincorporated organization, limited liability company, limited liability partnership or Governmental Authority;
• “Platform” shall mean the Software accessible through the Website;
• “RBI” shall mean the Reserve Bank of India;
• “Registered Mobile Number” shall mean the mobile number of the Consumer registered with the Company at the time of opening up / setting up of the Membership Account;
• “Software” shall include custom built software that is owned by Company, or software that has been licensed from third party suppliers by Company and in relation to which Company has obtained the right to sub license from such third-party suppliers, as modified/ replaced from time to time, that enables Retail Partner to utilize Company Services on communication devices such as computers, mobile phones and other handheld wireless devices etc. as identified by Company from time to time;
• "Related Entities" shall mean any parent company, subsidiaries, affiliated corporations, partnerships, or joint ventures of the Company; and/or upon instruction of the Consumer on the Platform and/or Website utilizing the Company Services;
• “Tax” or “Taxes” shall mean any and all taxes, cess, levies, imposts, duties, charges, deposits, fees, deductions or withholdings that are, or that are to be, imposed, levied, collected, withheld or assessed, together with any and all interest, penalties, claims or other liabilities arising under or relating thereto;
• “You” or “Your”; shall mean any natural or legal person who has access to and is using the Platform for the purpose of opening a Membership Account in accordance with the terms of this Terms of Use, including but not limited to such users who have not created a Membership Account and are accessing the Platform without such a Membership Account; and
• Interpretation - The terms referred to in this Agreement shall, unless defined otherwise or inconsistent with the context or meaning thereof, bear the meanings ascribed to them under the relevant statute/legislation.
• Reference to statutory provisions shall be construed as meaning and including references also to any amendment or reenactment for the time being in force and to all statutory instruments or orders made pursuant to such statutory provisions.
• Words denoting the singular shall include the plural and words denoting any gender shall include all genders.
• Headings, subheadings, titles, subtitles to clauses, sub-clauses and paragraphs are for information only and shall not form part of the operative provisions of this Agreement or the annexures hereto and shall be ignored in construing the same.
• References to days, months and years are to calendar days, calendar months and calendar years, respectively.
• Unless otherwise specified, time periods within or following which any payment is to be made or act is to be done shall be calculated by excluding the day on which the period commences and includingss the day on which the period ends and by extending the period to the next day of the last day of such period is not a day of which Company and/or banking institutions in India are open for general business;
• Any reference to “writing” shall include printing, typing, lithography, transmissions by facsimile or in electronic form (including e-mail) and other means of reproducing words in visible form including but not limited to any instructions provided by the Company in the Website and/or the Platform.
• The words “include” and “including” are to be construed without limitation.
• No provisions shall be interpreted in favor of, or against, any party by reason of the extent to which such party or its counsel participated in the drafting hereof or by reason of the extent to which any such provision is inconsistent with any prior draft here of.
3. CONDITIONS OF USE
• This Agreement applies to any person who accesses or avails any service on our platform for any purpose. It also applies to any legal entity which may be represented by any person who accesses or avails any service on the Website, under actual or apparent authority. Agent(s) may use this Website to avail the company services available on the website.
• Consumer agrees and undertakes that it shall utilize the Company Services only through the Membership Account in accordance with these Terms and Conditions and relevant regulations.
• The Agreement shall be valid for a period of one year.
• Company Services can only be availed by an individual who is above the age of 18 (Eighteen)years.
• To avail of the Company Services from the website, the Agents shall only approach the administrator to activate the account.
• The Consumer, at the time of submission of the AF, confirms that the Consumer is of sound mind.
• The Consumer must ensure that the Registered Phone Number has an active connection at all times. The Consumer shall immediately inform Company in writing in the event of any change, cancellation, disruption, termination or surrender of the Registered Phone Number
• while joining the company, the agent is required to give the name of the nominee. In case of the death of agent, the money in the wallet if any shall be transferred to the nominee on presenting the death certificate
• The agent is required to pay the monthly charges timely, failing in doing so the company shall hold the power to deduct the charges from the main wallet and to impose a penalty of Rs. 20/day, as deemed fit.
• The Website is an online platform that Agent(s) utilize to independently avail the services offered i.e. Bill Payment and Recharges etc. DHAN INFOTECH is not and cannot be a party to any transaction or dispute between Agents on the Platform.
• The Consumer acknowledges that any information provided to Company with the intention of securing the Membership Account shall vest with Company (as the case may be), and may be used by Company, at its discretion, for any purpose consistent with Applicable Laws.
• The Consumer acknowledges that any information submitted by the Consumer while using the Company Services, Platform, Website or the Membership Account may be shared with third parties by Company inter- alia, to facilitate the provision of Company Services.
• The Consumer shall not utilize Company Services, Platform, Website or the Membership Account for any purpose that might be construed as contrary or repugnant to Applicable Laws, public policy or for any purpose that is contrary to Company Rules or might prejudice the goodwill of Company and/or Related Entities.
• The Consumer acknowledges and understands that it is solely responsible for satisfying himself with notifications that the Transactions have been successfully completed. Company however will not be held responsible for notifications not reaching the Consumer.
• The Company does not make any representations or warranties regarding specifics of the services proposed to be sold, offered to be sold or availed on the Platform. It does not implicitly or explicitly support or endorse the sale or purchase of any products and services on the Platform. The Company accepts no liability for any errors or omissions of third parties in relation to the services.
• The Company is not responsible for any non-performance or breach of any contract/ agreement/ understanding in whatever form stated, between the service provider and agents. The Company shall not and is not required to mediate or resolve disputes or disagreements between the customers and agents.
• The Company shall not be held responsible for any wrong transaction undertaken by the agent like Recharge, DMT etc. and thereby shall not be liable to refund any amount whatsoever.
• The Company shall not be responsible to send the ID and password to the agent, if the agent forgets the ID, he must follow the process of recovering the ID password, which includes clicking on the ‘forget and password’ option after which they shall get the link on Email and SMS notification.
• In the event an agent wishes to cancel his subscription plan, they shall have to click on the ‘cancel now’ option and send a notice to the company, the company after receiving the notice shall cancel such subscription in 7 days after deducting the charges till that day.
• If the agent is found involved in a fraudulent transaction, the company shall give a warning with a 7-day opportunity to clear the matter. The company shall hold the power to impose penalty, 1000/day charges for customer problem, ID shall be suspended without any prior information or notice and FIR shall be filed against such agent.
• In the event an agent registers through their own ID, complete all the KYC process and accept all the terms and conditions, the company shall not be held responsible for any refundable amount.
• There are certain free service links available on the website of the company, which open on some other website on clicking. The company shall not be held liable for any word done by it.
• In the event, an agent shares his password to some other person or if their password/phone gets stolen, and there is some transaction from such phone, the company shall not be held responsible for it. The customer is required to call the customer care and stop the services.
• DHAN INFOTECH shall be held responsible for the amount deposited in its own bank account only, and shall be absolved of the responsibility if any agent deposits amount in any individual account.
• If in case the associate bank holds the payment, then the company has the right to hold agents amount and the company shall not be in any case responsible for any penalty & interest over the amount and the company is only liable to pay to agent the real amount received from the bank.
• The Agent(s) therefore agree that, The Company shall not be liable or responsible for any damages, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may occur/arise as a result of or in connection with any Transaction Risks. Agent(s) are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of any content, information or any other material provided on the Website, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage. In the event of a dispute with any party to a transaction, Agent(s) agrees to release and indemnify the Company (and Our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction.
4. CHANGES OF TERMS
Company shall at their sole discretion, and without notice to the Consumer, alter, modify or amend these Terms of Use from time to time and the same shall be updated and displayed by Company on its Platform/ Website. The Customer is expected to keep himself/herself updated with the amendments to the Terms of Use. Any transaction done subsequent to the amendment of the Terms of Use will be considered as Customer’s acceptance of the amended Terms of Use. Company may modify, terminate and/or suspend Company Services anytime with or without prior notice, due to any changes in internal policies, rules, regulations and laws set by relevant authorities/regulators.
5. LINK TO OTHER WEBSITES
Company may provide links to other websites that are maintained by third parties on the Website. These links are provided for your convenience only and the provision of these links does not mean that Company endorses these websites or the products and services they provide. You acknowledge and agree that Company is not responsible and/or liable for any information/ content or any products/services available on these third-party websites.
6. SEVERABILITY
If any part of these Terms of Use is adjudged illegal or inoperable for any reason, the same shall be severed from the remainder of this document and only that portion of this document that is specifically adjudged illegal or inoperable shall cease to govern the relationship between Company and the Consumer.
7. OWNERSHIP AND PROPERIETARY RIGHTS
The Consumer agrees that he/she shall have no claims/rights of whatsoever nature in the Intellectual Property including but not limited to any intellectual property rights arising out of and in connection with Platform, Website and/or the Company Services. The Consumer further undertakes that he/she shall not attempt to modify, alter, obscure, translate, disassemble, decompile or reverse engineer the Software underlying application or create any derivative product based on the Software.
8. FORCE MAJEURE
Company shall inform the Consumer of the existence of a Force Majeure Event and shall consult together to find a mutually acceptable solution. “Force Majeure Event” means any event due to any cause beyond the reasonable control of Company and/or Financial 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, government lockdown, insurrection, war, acts of government, computer hacking, unauthorized access to computer data and storage device, computer crashes, breach of security and encryption, etc. Company shall not be liable for any failure to perform any of its obligations under these Terms of Use or the specific 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.