TERMS OF USE

PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY BEFORE USING THIS MOBILE APPLICATION, CREATED, DEVELOPED AND OPERATED BY MY MOBILE PAYMENTS LIMITED. THESE TERMS FORM A LEGALLY BINDING AGREEMENT BETWEEN USERS AND THE COMPANY.

BY CLICKING “I ACCEPT” OR “I AGREE” OR BY DOWNLOADING, INSTALLING OR OTHERWISE USING THE APPLICATION, YOU ACCEPT AND AGREE TO THE TERMS CONTAINED HEREIN (“Terms”). IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK “I ACCEPT” OR “I AGREE” OR DOWNLOAD, INSTALL OR USE THE APPLICATION.

“Application” shall mean the Money-on-Mobile (MOM) mobile application developed and operated by MMPL.

“Company”; “MMPL”; “us”; “we”; “our” shall mean My Mobile Payments Limited, a company registered under the Companies Act, 1956 having its registered office at MOM House, Plot No. 61, Ramchandra Lane, Kanchpada, Malad (West), Mumbai- 400064.

“Users”; “you”; “your” shall mean users that download, install or otherwise use the Application and who register for a User Account.

“User Account” shall mean the account that the Users are required to create with the Application in order to avail the Services of the Company.

"Use" or "Using" means to access, view, use or otherwise benefit from using the Application.

“Services” means the services provided by the Company of recharging the M-Wallet of the Users for transactions like pre-paid recharges, top-ups, bill payments, money transfer, sale of gift vouchers etc. and any other service payments as may be applicable from time to time.

“M-Wallet” means an electronic mobile wallet created for the Users for availing Services of the Company.

“RBI” shall mean the Reserve Bank of India.

  1. ACCEPTANCE OF TERMS:

The Company provides the Application to you, subject to the following Terms. These Terms form a legal agreement between the Company and you. The User represents and warrants that he/she has the capacity to contract as per the provisions of The Indian Contract Act, 1872.

  1. DESCRIPTION OF SERVICES:

The Application is a platform through which the Users may login through their credentials, and purchase the Services they desire through the Application. The User(s) select the Services, he/she requires, and through the M-Wallet make payments towards the same.

  1. LICENSE:
  2. License to Use:

In order to download, install and use the Application, Users represent and warrant that Users have attained the age of majority as per the applicable laws to which they are subject to and are competent to understand, enter into and comply with these Terms. The Company grants Users a limited, non-exclusive, non-transferable, non-sub-licensable and revocable right to download, install and use the Application. The Application is licensed and not sold to Users and shall only be used in accordance with these Terms.

  1. Scope of License:

The Application can be installed, accessed or used by the User through the online stores from their mobile phones, tablets or any other electronic devices (“Electronic Device”). In order to use some of the features of the Application, User may be required to submit or share personal information (“Personal Information”) including, but not limited to information regarding the User’s e-mail address, name, mobile number, etc. User agrees that any Personal Information provided by the User shall always be accurate, correct and complete. By using the Application, the User shall be solely responsible for maintaining the confidentiality of the Personal Information submitted by the User to the Company.

Users understand and acknowledge that by accepting these Terms, they authorize us to collect and use the data, including but not limited to their Personal Information, which Users have shared with the Company for the provision of Services and for the purpose of authentication and any updates with regard to their credentials.

Users acknowledge that while the Company may, at its sole discretion, provide maintenance and support for the Application, from time to time, the Company shall have no specific and binding obligation whatsoever to furnish such services to the User.

  1. Updates/Upgrades:

In the event that we launch new updates/upgrades of the Application, the User may download or install such upgrades/updates through the online stores. In case the User chooses not to update/upgrade, certain features or functionality shall not be accessible to such User.

  1. FEATURES OF THE APPLICATION:

The Services provided by the Application shall help Users to make payments towards the goods and services purchased/to be purchased by the Users, including but not limited to pre-paid recharges, top-ups, bill payments, money transfer, sale of gift vouchers and other service payments.

Certain key features of the M-Wallet are as under:

Clause

Feature

Business Jurisdiction

Only within India

Currency

Indian Rupees only

Loading and Re-loading wallet

M-wallet is re-loadable, subject to maximum outstanding balance not exceeding Rs.10,000 for Non-KYC and Rs.1,00,000 for Full KYC wallets per month at any point in time

Cash withdrawal from wallet

Cash withdrawal and redemption of balance from a M- Wallet is prohibited under RBI regulations.

Multiple M-wallets associated with a single mobile number

A registered mobile number with MMPL can have only one wallet as per RBI Regulations

Transferability

M-wallet cannot be transferred from one registered owner to another as per RBI Regulations

Wallet Validity

3 (three) years from the date of registration.

Wallet Expiry due to non-usage

6 (six) months from the date of registration or last wallet usage date

Recharge and Bill Payments

The Application is a platform through which the Users may recharge their pre-paid mobile/DTH etc. The Users understand that Application or the Company does provide these telecommunication services and these solely provided by the telecommunication service providers, with whom the User has subscribed for such telecommunication services (the ‘Service Provider’) or other distributors or aggregators of such Service Provider. The Company does not guarantee, warranty or provide security for such telecommunication services. Recharge vouchers available on the Application does not related to or replace any breach or failure on behalf of the Service Provider. Any and all disputes regarding the quality of services, overcharging, disputes related to pre-paid plan or other terms regarding the recharge, would be directly between the Users and the respective Service Provider, the Company shall not in any way be liable or responsible for such dispute. User understands that the recharge shall always be subject to the amount available in the User’s M-Wallet. The Users understand that the recharges are always be subject to the terms and conditions of the Service Provider and shall be successful only when the payments are confirmed by the Billing Entities.

The Users may make payments towards the bills received by them for various service providers (“Billing Entities”). The User understands that, it could make the payments, to only those Billing Entities, which are listed on the Application. The number of Billing Entities listed on the Application may differ, from time to time. The mode of payments and the payment account through which the payments would be made, may differ. The User shall pay the charges, fees, as may be applicable, for paying the billing amount. MMPL may, at its sole discretion, add or delete the Billing Entities on the Application or types of payment accounts that can be used in respect of making payments to such Billing Entities. The Users understand that bill payments shall always be subject to the terms and conditions of the Billing entities and shall be successful only when the payments are confirmed by the Billing Entities.

e-Puja:

You may avail the services of e-puja, wherein you may book or conduct a puja, at a temples/religious institution /trusts (“Temples”) listed on the Application, by paying through M-Wallet. E-puja can be conducted only at the Temples listed with us. You are under an obligation to ensure that the Temple is listed on the Application for booking the puja. You understand that the e-puja could be booked or conducted only when you provide us a 3 working days, prior notice of the same. The e-Puja shall be subject to availability and rules and regulations of the respective Temples, from time to time. We do not guarantee any favourable outcome due to such e-puja. We do not guarantee timely delivery of Prasadam or any other deliverables related to the e-puja. You understand that your request for the e-Puja shall always be subject to the confirmation from the Temple. MMPL is not an agent or affiliate of any Temple. You understand that any rescheduling of an e-Puja is subject to availability and the same being approved by the respective Temple.

The Company is in compliance with the Maharashtra Prevention and Eradication of Human Sacrifice and other Inhuman, Evil and Aghori Practices, including Black Magic Act, 2013. The e-Puja services does not encourage, support or propagate any particular religious activity, religion, caste, creed or gender. The e-Puja services of the Application does not relate to black magic, human or animal sacrifice or remedial vidhis. You agree that any such requests to the Company shall be rejected by the Company and you shall be solely liable for any consequences which may arise due to such activities.

Metro Cards

You may use your M-Wallet for recharging metro cards, offered by the metro rail authorities or service providers, which have awarded MMPL such right. You understand that your metro card is not issued by MMPL and any overcharging or disputes related to such metro card should be directly settled with the issuer of such metro cards and are subject to the rules and regulations issued by the card issuing authority.

Gift Vouchers

We may offer, through our Application, certain gift vouchers issued by third parties, as part of our promotion of loyalty and rewards programs. You understand that the Company is merely a facilitator for promoting such gift vouchers. You acknowledge that these gift vouchers are provided directly by the merchants (the issuers of the gift vouchers) and are therefore subject to the specific terms and conditions applicable to the gift vouchers. You shall read the terms and conditions associated with a particular gift voucher carefully, before availing or booking the same through the Application. The Company shall be under no obligation, liability or responsibility whatsoever in respect of any loss or damage arising directly or indirectly out of any transaction that arises out of your use or misuse of the gift vouches. MMPL reserves the right to select the merchants and the gift vouchers that it intends to promote on the Application and also reserves the right to prevent you from using the M-Wallet for buying these gift-vouchers.

Wallet

M-Wallet is the service provided by MMPL, subject to the terms and conditions of these Terms. The M-wallet shall only be available to a resident Indian, who has attained the age of 18 and is competent to contract under the applicable laws. M-Wallet is non-transferable; your M-Wallet account is subject to your completion of KYC compliance. Any withdrawal of money from your M-Wallet is not allowed. You may load your M-Wallet through any of the modes provided under the Application. The M-Wallet, could be loaded through MMPL’s retailers and mode of recharge. The mode of loading the M-Wallet could be changed by MMPL, without any intimation to the Users.

MMPL reserves the right to suspend/discontinue your M-Wallet, at its discretion and for any cause, including, but not limited, to the following-

  1. For any suspected violation of the rules, regulations, orders, directions, notifications issued by RBI from time to time or for any breach of these Terms;
  2. For any suspected discrepancy in the documentation provided by you for registering your M-Wallet;
  1. 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;
  2. If the same is due to any transmission deficiencies, causes due to reasons beyond the control of MMPL;
  3. If the mobile connection with which your M-Wallet is registered ceases to be in operation or ceases to be in your control;

You understand that any and all liabilities in relation to a false or misleading data, shall be borne solely by you. We advise you to not share your M-Wallet credentials along with data and details with any third party. MMPL shall not be held liable for unauthorized use of M-Wallet on account of loss/theft/misplacement of your mobile number and/or relevant card. You may inform MMPL about such loss/theft/misplacement, so that MMPL may block your M-Wallet temporarily till you reactivate the same using a new SIM card.

In accordance with RBI regulations to prevent money laundering and the funding of terrorism in India, MMPL may suspend or terminate your M-Wallet with immediate effect, without prior notice, if MMPL understands that the data or the details provided for registration is incorrect or that the security of the wallet has been compromised in any way or in the event the User has indulged in any activity which is considered as unlawful under the applicable laws or RBI regulations.

WALLET CHARGES & VALIDITY:

The User undertakes to pay the service charges levied by MMPL for the services under these Terms, including the service charges applicable to the M-wallet. MMPL may at its discretion, change, amend, increase, or reduce the service charges and the fees, without giving prior intimation to the Users.

The value stored in the User’s M-Wallet shall be debited, without the requirement of any further authorization from the User, upon User’s confirmation of a transaction on the Application. MMPL’s responsibility is limited to the debiting of your M-Wallet for the subsequent payment to made to the merchant, you transact with. MMPL does not endorse, promote, advertise or warrant any goods and/or services that might be bought/availed or proposed to be bought/availed using the M-Wallet.

MMPL reserves the right to levy charges/charge commission upon any amounts loaded into your M-Wallet or any amounts spent/utilized by you using the M-Wallet. These charges would be on the total amount being deducted and not on the amount being transferred. You understand that MMPL shall have the right to set off any amount available in your M-Wallet with any amount, which is due and payable by you to MMPL.

Currently, your M-Wallet does not expire nor does MMPL forfeit the balance amount in your M-Wallet. However, MMPL reserves the right to introduce a policy, as per the applicable RBI guidelines for wallet expiration and balance forfeiture.

Wallet to Merchant Transfer

You may use the M-Wallet to make purchases at retail merchant stores listed with MMPL (“Retail Merchants”). You are advised to ensure that your M-Wallet has the requisite balance before entering into any transactions with the Retail Merchants. MMPL shall not be responsible or liable, in the event the purchased goods or services are not delivered, or they are of an inferior or defective quality or the quantity of such goods and services are not as per your requirements. In no event shall MMPL be held liable and/or responsible for your failure and/or negligence in providing the information required for completing the transactions between you and the Retail Merchant. Any dispute in relation to the transaction between you and the Retail Merchant, shall be solely taken up with the respective Retail Merchant and MMPL shall not be made a party to any such disputes and/or differences. You understand that your transaction with any Retail Merchant is subject to the cash balance available in your M-Wallet.

Wallet to Wallet Transfer

Your M-Wallet allows you to transfer money from your wallet to another M-Wallet, only. The maximum value that you can transfer from your M-Wallet to another M-Wallet, in a single transaction cannot exceed Rs. 5,000 (Rupees Five Thousand). You understand that the maximum amount which you can transfer from your M-Wallet to another M-Wallet, in a single month is Rs. 25,000/- (Rupees Twenty-Five thousand). Subject to RBI guidelines, issued from time to time, these amounts may vary, MMPL shall apply such revisions, without providing you with any prior intimation. MMPL shall impose such taxes/charges as may be applicable for the respective transaction. You undertake to maintain sufficient balance in your M-Wallet, so that MMPL can transfer the desired amount after deducting/offsetting the applicable taxes, charges, transaction costs etc. for each transaction. You shall be solely responsible for any incorrect details or improper actions provided by you for any transfer, MMPL shall not be held liable and/or made a party for any such event or action. You agree to indemnify and hold harmless MMPL in the event of any such contingency.

Wallet to Bank Transfer

You may transfer money from your M-Wallet to your bank account. In order to avail this facility, you have to ensure that you are KYC compliant and have submitted copies of valid documents, including but not limited to your Aadhar Card, driving license, birth certificate, etc. You understand that you shall be solely responsible for the KYC compliance, as required for carrying out the transfer of funds to the bank. You also undertake to abide by the rules and regulations laid down by the banks in relation to this transaction. You shall provide the Company accurate bank details to enable the Company to transfer the amount to your bank account. MMPL shall not be held liable in case of any disputes/differences arising between you and the bank in the event that you submit incorrect details about your bank account etc.

COUPON REDEMPTION:

Coupon redemption is purely subjected to standard and specified terms and conditions mentioned by the respective retailer. Coupons are issued on behalf of the respective retailer, therefore, any damages, injuries, losses incurred by the Users by using the coupon is not the responsibility of MMPL. MMPL may, at any point of time, at its sole discretion, implement and/or revise the cashback policy and determine the maximum permissible rebate values, without giving you any prior notice of the same.

 

  1. USER ACCOUNT:

The Company reserves the right to store the information and data provided by you for the purposes of providing the Services. The Company reserves the right in its sole discretion to accept/refuse /reject registration or cancel User Account without obligation of explanation. You will immediately notify the Company in writing of any unauthorized use of your User Account, or any other breach of security or other known account-related security breach.

  1. REFUND POLICY:

The value stored on your M-Wallet is not refundable under any circumstances and could only be used subject to these Terms. The value stored in your M-Wallet is interest-free. You take sole responsibility of any amount transferred to a merchant establishment or service provider, MMPL shall not refund any payments made to a merchant establishment or service provider.

The recharges undertaken through the Application, are final without any refund or exchange. You shall ensure that the mobile number or DTH account number, you intend to recharge shall be correct. MMPL is not responsible for any purchase of recharge for an incorrect mobile number or DTH account number.

  1. ANCILLARY SERVICES:

The Application may offer access to certain ancillary services such as feedback, or customer grievance redressal forum, User details, chat forum wherein you or other Users may voluntarily submit information (“Content”) to the Website. You understand and acknowledge that such Content is shared with the Application voluntarily and the respective authors are solely liable for the originality, accuracy of such Content. The Company shall not be responsible or liable for any such Content shared, posted or submitted by you or other Users.

  1. YOUR REGISTRATION OBLIGATIONS:

You shall be responsible to maintain and promptly update any change in your registration data like email address, mobile number etc., which you submit to us while signing up for the User Account. You are required to share following details while registering with us:

  1. Your complete and factual First Name and Last Name.
  2. A valid and functional e-mail address owned and operated by you
  1. Your accurate Date of Birth
  2. M-Wallet Password
  3. Any additional information as per RBI Regulations that may be prescribed as necessary to satisfy Know Your Customer norms (KYC Norms), or we may deem fit, from time to time.
  1. PRIVACY POLICY:

Your information on the Application is subject to our Privacy Policy. The Privacy Policy is available on our application.

 

  1. USER CONDUCT:

You agree not to:

 

  1. DISCLOSURES:

You acknowledge and agree that the Company may disclose the Content if required to do so by law or in the good-faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of the Company, its Users and the public.

 

  1. TERMINATION:

You agree that the Company, in its sole discretion, may terminate your User Account and use of the Application, and remove and discard any Content within the Application if the Company believes that you have violated or acted inconsistently with the letter or spirit of the Terms. The Company may also in its sole discretion and at any time discontinue providing the Application, or any part thereof, with or without notice to you. Further, you agree that the Company shall not be liable to you or any third-party for any termination of your access and/or use of the Application Your use of the Application may also be terminated in the event that the license granted to you to use the Application expires.

Upon termination of these Terms, the rights and licenses granted to Users under these Terms shall cease to be in effect, and Users must forthwith stop using the Application, and, if needed, delete it from their device.

  1. PROPRIETARY RIGHTS OF THE COMPANY:

You understand, acknowledge and agree that the Company is the sole owner of all rights, title and interest, including all Intellectual Property Rights for the Application, logos, technology, and any necessary software used in connection with the Website. Users shall, at no point of time, claim any ownership in the Application.

There may be proprietary logos, service marks and trademarks found on the Application, whether owned/used by the Company or otherwise. By displaying them on the Application, the Company is not granting Users any license to utilize the proprietary logos, service marks, or trademarks.

Any unauthorized use of the same may violate copyright laws, trademark laws the laws of privacy and publicity, and civil and criminal statutes.

It is understood and acknowledged by the Users that the Application is owned by the Company. Nothing under these Terms shall be deemed to be a transfer in ownership, rights, title from the Company to the Users in the Application.

  1. DISCLAIMER OF WARRANTIES:

You expressly understand and agree that:

OTHER THAN THOSE EXPRESS WARRANTIES SET FORTH IN THESE TERMS, THE COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICES PROVIDED THROUGH THE APPLICATION. WITHOUT LIMITING THE PRECEDING SENTENCE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, USERS AGREE THAT ANY IMPLIED WARRANTIES SUCH AS THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE EXCLUDED FROM USERS’ LICENSE AND USE OF THE APP. THE COMPANY DOES NOT WARRANT OR PROMISE THAT THE APPLICATION WILL IDENTIFY THE APPROPRIATE DOCUMENTS FOR USERS’ NEEDS OR THAT THE APPLICATION IS FREE FROM BUGS OR ERRORS; NOR DOES THE COMPANY MAKE ANY OTHER PROMISES ABOUT THE PERFORMANCE, ACCURACY, OR RELIABILITY OF THE SERVICES PROVIDED BY THE APPLICATION OR ITS ABILITY TO MEET USERS’ REQUIREMENTS. THE COMPANY IS PROVIDING THE APPLICATION AS A GENERAL TOOL TO ENABLE USERS TO AVAIL THE SERVICES. USERS ARE SOLELY RESPONSIBLE FOR ACCURATELY PROVIDING INFORMATION INTO THE APPLICATION AND FOR VERIFYING ALL OUTPUTS RESULTING FROM THEIR USE OF THE APPLICATION. THE COMPANY AND ITS AFFILIATES AND FRANCHISEES, IF ANY, DO NOT WARRANT ANY PARTICULAR RESULTS THAT USERS MAY OBTAIN ON USING THE APPLICATION.

 

  1. INDEMNITY:

You agree to indemnify and hold the Company, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of (i) Content you submit, post, transmit or make available through the Application; (ii) your violation of these Terms; (iii) your violation of any rights of other Users; (iv) infringement of third party intellectual property rights; (v) violation of any applicable laws.

 

  1. LIMITATION OF LIABILITY:

You expressly understand and agree that the Company shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Application , due to downtime, server failure or otherwise; (ii) unauthorized access to or alteration of your transmissions or Content through your User Account; (iii) statements or conduct of any third party on the Website; or (iv) any other matter relating to the Application.

Notwithstanding anything contained herein or elsewhere, the maximum liability of the Company shall not exceed the amount of the respective transaction undertaken by the User.

  1. CHANGE:

The Company reserves the right to modify, change, substitute, remove, suspend or update these Terms or any information in it at any time by sufficiently highlighting on the Application about such change. Such changes shall be effective immediately upon posting on the Application Continued use of the Application shall be deemed to be your acceptance of the Terms.

  1. ARBITRATION:

MMPL may elect to resolve any dispute, controversy or claim arising out of or relating to these Terms by binding arbitration in accordance with the Arbitration and Conciliation Act, 1996. Any such dispute, controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The seat of arbitration shall be in Mumbai. MMPL reserves the right to seek any interim or preliminary relief from a court of competent jurisdiction in Mumbai, in order to protect its interests, pending the completion of arbitration. Any arbitration conducted shall be confidential, and neither you nor we may disclose the existence, content or result of any such arbitration, except as may be required by law or for the purposes of the arbitration award. All administrative fees and expenses of arbitration will be divided equally between you and us. In all arbitrations, each party will bear the expense of its own lawyers and preparation. The language of Arbitration shall be English.

  1. 19. CHOICE OF LAW AND JURISDICTION:

This Agreement shall be construed and governed by the laws of India without regard to principles of conflict of laws.

Parties further agree that the courts in Mumbai, India shall have an exclusive jurisdiction over such disputes.

 

  1. MISCELLANEOUS:

Entire Understanding: These Terms, along with the Privacy Policy constitute the entire understanding between you and the Company and governs your use of the Website.

Waiver: The failure of the Company to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Severability: If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect.

Force Majeure: Under no circumstances shall the Company be held liable for any damage or loss due to deficiency in performance of the Application resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, equipment failures, telecommunication equipment failures, or any other government regulations, floods, storms, electrical failure, civil disturbances, riots.

 

  1. VIOLATIONS:

Please report any violations or grievances with relation to the Terms to the Company at customercare@money-on-mobile.com.

The email addresses of the Nodal officer and the Compliance officer shall be provided once the same has been created also with the escalation matrix for the customer for them to reach to the company in the event of any grievances.