[WG Comment : Please note that, as discussed, we have limited the scope of these Ts and Cs to bank collections, payment of bank charges and general bill payments and these Ts and Cs do not cover any specific payments being made towards specific products such as insurance, purchase of MF units, payment to government utilities etc. Please further note that in the case the merchant is a regulated entity such as in relation to purchase of insurance or purchase of MF units, the risk of a successful chargeback may be complicated as reversal of the transaction may not be possible and in such cases, specific legal provisions may require to be added to cover such risks]
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The following terms and conditions are applicable in respect of any payment made by the user ("Customer"/ "you") using the Payzapp for Business portal ("P4B") of HDFC Bank Limited ("we"/ "us"/ "Bank"), which payments may fall within any of the following categories ("P4B Payment(s)"):
- Collection of outstanding dues payable to the Bank by you, in respect of any financial indebtedness availed of by you from the Bank ("Loan Payments");
- Payment of charges and fees in relation to any services availed by you from the Bank, including without limitation payment of any charges payable in respect of any financial indebtedness availed of by you from the Bank ("Bank Payments"); and
- Payment of any consideration for the purchase of any products/availing of any services, by you from any other persons ("Merchants") ("Merchant Payouts").
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You, unconditionally and irrevocably, acknowledge and agree, in relation to the P4B Payments which are effected on the P4B platform and in relation to the P4B platform, that:
- You shall be responsible for ensuring that all transactions which are effected on the P4B platform are transactions which are genuine transactions which are effected for valid consideration and in compliance with applicable law;
- You shall only use a valid card issued to you and held in your name/ a bank account maintained by you for making of any P4B Payments. In the event you use (i) a card (not being a card issued to you) or net banking facilities in respect of an account (not being your account), it shall be deemed that you have obtained the consent of the holder of such card/ account (as applicable) for the making of such payment;
- The payment link which is sent to you would be valid only for such time as the Bank may in its sole discretion determine and you shall be entitled to utilise the payment link to effect a P4B Payment only during the validity of the payment link;
- The Bank does not warrant or provide any assurance or confirmation that the P4B platform shall be available at all times or shall be free of interruptions, bugs, viruses or glitches and the Bank shall not be responsible for any failure of payment due to the same;
- All P4B Payments shall be mandatorily in Indian Rupees and within the territory of India. The payment link for P4B Payments will not facilitate transaction in any other form of currency;
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You shall be entitled to make P4B Payments only in the event that the relevant transaction is successfully authenticated and authorised and the Bank shall, in its own discretion, be entitled to refuse/ deny to process any transaction. Without prejudice to the generality of the foregoing, you agree and acknowledge that
- in the event that the Bank, in its sole discretion determines a transaction which is attempted to be effected on the P4B platform as fraudulent, suspicious or contrary to applicable law, the Bank may refuse to process and settle such transaction and shall not be responsible for any consequences which may arise in this regard;
- the Bank may, in its sole discretion, require certain P4B Payments to be made only through a debit card or only through the use of net banking facilities;
- in the event of termination or suspension of the existing arrangement between the Bank and any Merchant, you shall not be entitled to make payments to the relevant Merchant using the P4B platform;
- based on the existing arrangements entered into between the Bank and the Merchants, certain limits may be imposed on each Merchant in relation to the number and/or the amount of P4B Payments which may be made in favour of such Merchant and the Bank shall be entitled to refuse to process any transactions which are attempted to be effected above the limit imposed vis-à-vis the relevant Merchant;
- The Bank shall not be responsible for not processing any P4B Payments or any delay in processing of any P4B Payments. Without prejudice to the generality of the foregoing, the Bank shall not be responsible if any P4B Payment is not acknowledged by the Merchant
- In the event that after having made a P4B Payment in connection with Loan Payments, any chargeback or reversal of transaction is requested (including, without limitation, in the event that any Loan Payment has been made by you, by use of the debit card or bank account which is not in your name), then notwithstanding anything to the contrary contained in any other document, writing or agreement, such Loan Payments will be deemed to have never been made and all such amounts shall be immediately due and payable and all consequences in connection with such non-payment, as set out in the relevant loan documents shall apply, including without limitation charging of default interest, additional interest, penalty and other charges. In any such event, the Bank shall also be entitled to suspend/ hold the amounts in respect of which a chargeback is sought until you make payment of all amounts due to the Bank in respect of the Loan Payments;
- In the event of occurrence of any chargeback or reversal of transaction in respect of any Bank Payments (including, without limitation, in the event that any Bank Payment has been made by you, by use of the debit card or bank account which is not in your name), then such Bank Payments will be deemed to be not made and the consequences thereof under the relevant document shall follow. In any such event, the Bank shall also be entitled to suspend/ hold the amounts in respect of which a chargeback is sought until you make payment of all amounts due to the Bank in respect of the Bank Payments;
- All the Merchant Payouts shall be between the Merchant and you only, and the Bank is not at all involved in or responsible for such transactions or the goods sold or services provided by the Merchant;
- In respect of any Merchant Payouts, the Bank neither guarantees, recommends, nor makes any representation in relation to and is not responsible for the provision/quality/features/adequacy/performance of the product and/or services offered by the Merchants and you should proceed only after independently satisfying yourself, in this regard. The Bank accepts no responsibility or liability in this regard;
- Any complaints or grievances which you may have in respect of any product and/ or services of the Merchant purchased/ availed by you through Merchant Payouts should be addressed to/ raised with the Merchants alone and the Bank shall not have any responsibility or liability in this regard;
- All terms of the transactions for which the Merchant Payout has been effected including without limitation the transaction price and all commercial terms such as delivery, dispatch of products and/or provision of the services are on a principal-to-principal bipartite contractual basis between you and the Merchant and the P4B platform is merely used by you and the Merchant to facilitate processing of the payment by you to the Merchant;
- Any refund in respect of any P4B Payment shall be made to the same issuing bank from where P4B Payment was received and all such refunds shall be made in Indian Rupees only and shall be equivalent to the P4B Payment received in Indian Rupees;
- In the event that you use unauthorised modes of payment for effecting P4B Payments or if any P4B Payments have been made as a consequence of any fraud/ cheating/ misrepresentation by you, you may be prosecuted under the relevant criminal laws including without limitation under the Indian Penal Code, 1860.
- You hereby expressly and unequivocally agree to and hereby do indemnify, save, defend and hold harmless the Bank and its officers, directors, employees, shareholders, agents, consultants and other representatives, successors and assigns of, from and against all, direct and indirect, claims, damages, fines, penalties, losses, costs and expenses, including attorneys’ fees incurred by the Bank in respect of or as a result of providing the P4B platform for making any P4B Payments or as a result of any P4B Payments being effected by you on the P4B Platform including, without limitation, as a result of (a) any chargeback that occurs in respect of any P4B Payments, or (b) any breach of the terms and conditions herein contained.
- These terms and conditions shall be governed by the laws of India. The Customer and the Bank agree that the courts and tribunals at Mumbai shall have exclusive jurisdiction to settle any disputes which may arise out of or in connection with these terms and conditions.
- The Customer, unconditionally and irrevocably, acknowledges and agrees that these terms and conditions shall apply to each and every use by the Customer of the P4B platform and to each P4B Payment which is attempted to be effected by you.
- The Customer hereby provides its irrevocable and unconditional consent for the Bank to collect, receive and use all information and details in connection with the Customer including without limitation in connection with the P4B Payments and/or the use of P4B Platform. Notwithstanding anything to the contrary contained herein, the Customer hereby authorises the Bank to disclose, exchange, share or part, from time to time without notice to the Customer, any information in respect of the Customer including, without limitation, any information contained in the documents submitted/ executed by the Customer and/ or any other information relating to the Customer, the P4B Payments and the usage of the P4B platform collected by the Bank now or hereafter, to any person including, without limitation, any card issuer, credit bureau, banks, financial institutions, any branch, parent/ subsidiary, affiliate, group companies and associates of the Bank, governmental/ regulatory authority, service provider, business correspondent, agent or third party sub-contractor for such purposes that the Bank may deem fit. The Customer hereby waives the privilege of privacy. The Customer hereby authorises the Bank to record specific conversations between the Customer/ the Customer’s representative and the Bank's representative, in case of grievance related conversations or payment recovery related conversations or any other conversation that the Bank may deem fit, at its own discretion.
- The Customer, unconditionally and irrevocably, acknowledges and confirms that the Customer has read and understood the terms and conditions set out above and is signifying the Customer’s irrevocable agreement by clicking on the "I Accept" option below. The Customer also authorises the Bank to use such electronic record as evidence of the Customer having agreed to and accepted these terms and conditions.
While availing payment options provided herein, the merchant will neither be responsible nor assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
- Lack of authorization for any transaction/s, or
- Exceeding the preset limit mutually agreed by You and the 'Bank/s', or
- Any payment issues arising out of the transaction, or
- Decline of transaction for any other reason/s
All payments made against the purchases/services on Website/store by you shall be mandatorily in Indian Rupees and within the territory of India. The payment link will not facilitate transaction in any other form of currency with respect to the purchases made on Website/Store.
Before shipping / delivering your order to you, Seller may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to users.
- Transactions, Transaction Price and all commercial terms such as Delivery, Dispatch of products and/or services are on a principal-to- principal bipartite contractual basis between the buyer and seller and the payment facility is merely used by the Buyer and Seller to facilitate completion of the Transaction.
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You understand, accept and agree that the payment facility provided by seller is neither a banking nor financial service but is merely a facilitator providing automated online electronic payment.
Payment Facility for Buyers :
- You, as a Buyer, understand that upon initiating a Transaction You are entering into a legally binding and enforceable contract with the Seller to purchase the products and /or services from the Seller using the Payment Facility, and You shall pay the Transaction Price through your Issuing Bank to the Seller using the Payment Facility.
- You, as a Buyer, may agree with the Seller through personal/ telephonic/electronic communication and electronic records and using the automated features as may be provided by Payment Facility on any extension / increase in the Dispatch and/or Delivery time and the Transaction shall stand amended to such extent. Any such extension / increase of Dispatch / Delivery time or subsequent novation / variation of the Transaction should be in compliance with Payment Facility Rules and Policies.
- You, as a Buyer, shall notify the seller immediately upon non delivery within the time period as provided in Policies. Non notification by you of non-delivery within the time period specified in the Policies shall be construed as a deemed Delivery in respect of that Transaction.
- You, as a Buyer, shall be entitled to claim a refund of the Transaction Price (as Your sole and exclusive remedy) in case You do not receive the Delivery within the time period agreed in the Transaction or within the time period as provided in the Policies, whichever is earlier. In case you do not raise a refund claim with the seller within the stipulated time then this would make you ineligible for a refund.
- Refund, if any, shall be made at the same Issuing Bank from where Transaction Price was received. – This is correct.
- Refund shall be made in Indian Rupees only and shall be equivalent to the Transaction Price received in Indian Rupees.
- Refund shall be as per the sale conditions and shall be subject to Buyer complying with Policies.
- Seller reserves the right to impose limits on the number of Transactions or Transaction Price which seller may receive from an individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual Buyer during any time period, and reserves the right to refuse to process Transactions exceeding such limit.
- Seller reserves the right to refuse to process Transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with seller or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
- The seller shall be entitled to withhold the transaction price and to intimate law enforcement officials if the seller has reason to suspect that the buyer is engaged in any form of illegal activity.
- The buyer acknowledges that the seller will not be liable for any damages, interests or claims etc. resulting from not processing a transaction/transaction price or any delay in processing a transaction/transaction price which is beyond the control of the buyer.