tmw - Terms & Conditions

The MobileWallet Private Limited (hereinafter referred to as "tmw") having its registered office at Tower 3, Equinox Business Park, Off Bandra Kurla Complex, Kurla West, Mumbai-400070.

The words Account/Wallet shall for the purpose of this agreement mean and include tmw wallet or account held by the Customer for availing the services of tmw;

The words We/Us/Our shall for the purpose of this agreement mean and include tmw.

The words Customer/User/You/Applicant shall for the purpose of this agreement mean and include "Customer". The use of tmw Account and Services by the Customer shall be subject to acceptance of the terms and conditions as detailed herein below ("Terms and Conditions").

By applying for use of tmw Wallet, the Customer acknowledges that the Customer has read, understood and agrees to be bound by these Terms and Conditions defined hereunder and as may be amended from time to time by the Bank and /or tmw.

1. Definitions

1.1 "Account Opening Form"/ "AOF" shall mean the form that tmw may require to be filled by eligible Customer in writing for the purpose of "KYC" along with necessary supporting documents at Agent locations and/or such other locations as may be intimated by tmw from time to time, for availing tmw Services.

1.2 "Know Your Customer /KYC" shall mean the various norms, rules, laws, guidelines and statutes issued by RBI from time to time under which tmw may be required to procure personal identification details along with supporting documents from the Customer. Such information or documents may be required at the time of submission of AOF and/or at a later date, for availing and/or continuation of the tmw Wallet.

1.3 "Agent/s" shall mean the retail agents appointed by tmw to support the enrolment process of an Applicant and to facilitate the transactions of tmw Wallet.

1.4 "Applicant" shall mean an individual person above the age of 18 (eighteen) years, who wish to use tmw Wallet.

1.5 "Business Correspondent" or "BC" shall mean authorised business correspondent of the Federal Bank Ltd i.e. tmw and wherever applicable, shall include its Agents.

1.6 "Bill Payment" shall mean the transactions wherein the Customer uses tmw to make payments towards utility bills, merchant payments and other such bill payments.

1.7 "Bank" or "Federal Bank" shall mean The Federal Bank Limited, a company incorporated under the Companies Act, 1956 and a banking company within the meaning of Banking Regulations Act, 1949.

1.8 "Charges" shall mean all charges pertaining to the Transactions and more particularly specified in clause 12 hereof.

1.9 "Customer" shall mean an Applicant who is found to be eligible by the Bank or tmw to use tmw Wallet as per RBI regulations and has opened a mobile wallet Account. For the purpose of this agreement the words you/User/Beneficiary, shall have the same meaning as assigned to Customer.

1.10 "Force Majeure Event" shall have the meaning ascribed to it in clause 21 hereof.

1.11 "tmw Wallet" or "Prepaid Payment Account" shall mean the semi closed pre-paid instrument issued by The Federal Bank Ltd and which is co-branded with The MobileWallet Pvt Ltd in the form of virtual payment account comprising one reloadable pre-paid payment instrument which can be used on website or merchant site(s) (a) to make payment for goods and services purchased through merchants (b) for transfer of funds from one customer(s) pre-paid payment account to another pre-paid payment account or (c) for any other purposes as may be specified from time to time.

1.12 "Merchant / Merchant Establishment" shall mean and include any outlet/ service provider who have been authorized by tmw to accept payment for goods or services using tmw Wallet.

1.13 "Mobile Application(s)" shall mean the software application(s) which inter alia, enables tmw Wallet account through the mobile-device.

1.14 "Mobile PIN" shall mean a secret password that would enable the Customer to secure access and operate their Mobile Wallet Account.

1.15 "Mobile Wallet Account" shall mean and include tmw Wallet.

1.16 "Mobile Wallet Services" or "Services" shall mean use of Mobile Wallet and include prepaid mobile/DTH recharge; purchasing services, payment of bills, travel booking, payment for online and offline shopping and such other services which may be added from time to time (all such services are individually or collectively are referred as Service or Services as they case may be).

1.17 "RBI" shall mean the Reserve Bank of India.

1.18 "RBI Guidelines" shall mean the applicable guidelines, regulations, notifications and instructions issued by RBI in relation to the issuance and operation of pre-paid payment instruments in India and operation of tmw Account and mobile wallet Services and all other guidelines and instructions inclusive of their respective amendments as may be issued and notified by RBI from time to time including The Payment and Settlement Systems Act, 2007 & regulations made there under.

1.19 "Single-Sign-On Services" shall mean the services provided by tmw to Customers through tmw Wallet, or otherwise. For avoidance of doubt, the tmw Balance is issued by Federal Bank but can be accessed through Single-Sign-On Services

1.20 "Threshold Balance" shall mean such amounts as may be specified by tmw from time to time, over and above which the Customer shall have the option to transfer money from the tmw Wallet to the Mobile Money Account in terms of Clause 13.

1.21 "Transaction/s" shall mean any credit or debit of money balances in the Customer’s mobile wallet Account including but not limited to money transfer payments and receipts, payments for goods and services, utility payments, deposits and withdrawals.

1.22 "Website" shall mean the website www.tmwpay.com and any other website as may be notified by tmw which are owned, established and maintained by tmw.

1. INTERPRETATION

2.1. All references to singular include plural and vice versa and the word "includes" should be construed as "without limitation".

2.2. Words importing any gender include the other gender.

2.3. Reference to the Terms and Conditions shall mean and include the Terms and Conditions of tmw Wallet.

2.4. Reference to any statute, ordinance or other law includes all regulations and other instruments and all consolidations, amendments, re-enactments or replacements for the time being in force.

2.5. All headings, bold typing and italics (if any) have been inserted for convenience of reference only and do not define limit or affect the meaning or interpretation of these Terms.

3. REGISTRATION OF tmw WALLET / PREPAID PAYMENT ACCOUNT

3.1. tmw Wallet will be issued by the Bank and / or BC to Customer on the request of the Customer and pursuant to the Customer making an application for registration of tmw Wallet and agreeing to terms and conditions as prescribed by the Bank and/ or BC in this regard, provided the Customer has fulfilled the eligibility and Know Your Customer ("KYC") criteria and provided all relevant information and/or documentation request by the Bank and /or BC.

3.2. The Bank and / or BC reserves the right to reject any application made for issuing a Prepaid Payment Account without assigning any reason.

3.3. In order to acquire, register, create and use a Prepaid Payment Account, the Bank and / or BC may require you to submit certain personal information, such as your name, mobile number, e-mail address, contact address, date of birth etc. You agree that the Data you provide to the Bank and / or BC upon registration and at all other times will be true, accurate, current and complete. You shall immediately inform the Bank or BC about change in Data along with such proof of change.

3.4. You hereby authorize the Bank and / or BC to make any inquiries, directly or through third parties, that the Bank and / or BC may consider necessary to validate your identity and/or authenticate your identity and Prepaid Payment Account information. This may include asking you for further information and/or documentation about your account usage or identity, or requiring you to confirm identification by furnishing KYC documentation, ownership of your email address, telephone number or financial instruments, among others. This process is for internal verification purposes. You agree and understand that the Data as entered by you shall always be maintained by Bank`s authorized Business Correspondent(s).

3.5. The collection, verification, audit and maintenance of correct and updated Customer information is a continuous process and the Bank and / or BC reserve the right, at any time, to take steps necessary to ensure compliance with all relevant and applicable KYC requirements.

3.6. The Bank and / or BC reserves the right to discontinue the Services/ reject applications for Prepaid Payment Account Services at any time if there are discrepancies in information and/or documentation provided by You or if the information/documentation provided by you is found to be incorrect or wrong. In such an event, the Bank and /or BC reserve the right to forfeit the balance therein to the extent and in accordance with Applicable Laws.

4.TRASANCTION LIMITS UNDER PREPAID PAYMENT ACCOUNT SERVICES

4.1. The amount that can be transacted in the Prepaid Payment Account is governed by Applicable Laws including rules, regulations and guidelines laid down by RBI which include monthly limits, transaction limits and balance limits on the Prepaid Payment Account. Subject to any change in Applicable Law including guidelines/notifications issued by RBI from time to time the limitations stated hereunder may be reviewed and modified at the discretion of the Bank without prior intimation to the Customer:

4.2. Following limits have been permitted by RBI for any Prepaid Payment Account :
4.2.1. Limited KYC Customer - The maximum monetary value that can be stored at any point of time and the total value of reloads during any given month in Prepaid Payment Account is INR 20,000/- (Rupees Twenty Thousand only).
4.2.2. Full KYC Customer - The balance in the Prepaid Payment Account should not exceed INR 1,00,000/- (Rupees one lac only) at any point of time. Maximum transaction value limit during the month shall be fixed by the Bank and / or BC which may change from time to time and customer to customer as per discretion of the Bank and / or BC.
4.2.3. The maximum monetary value that can be transferred from any Prepaid Payment Account to any Bank account in a single Transaction is INR 5,000/- (Rupees Five Thousand only). The maximum monetary value that can be transferred from one Prepaid Payment Account to any Bank account in a single month is INR 25,000/- (Rupees Twenty Five Thousand only).

4.3. Prepaid Payment Account is valid for purchase of Products and Transactions throughout India in Indian Rupees only.

4.4. Prepaid Payment Account or Services thereunder is not transferable unless required by operation of law.

4.5. The Customer shall be able to use the Prepaid Payment Account only to the extent of the amount loaded onto the Prepaid Payment Account.

4.6. The Prepaid Payment Account shall be activated subject to such minimum amount being loaded on the Prepaid Payment Account as may be specified by the Bank and / or BC from time to time.

4.7. The Customer or any other person permitted to load the Prepaid Payment Account may credit the Prepaid Payment Account through any of the methods prescribed from time to time.

4.8. The Customer may be able to carry out all or any kind of Transactions, as may be available from time to time

4.9. Cash withdrawal is permissible from the Prepaid Payment Account subject to terms and conditions as may be defined by the Bank and / or BC.

4.10. No interest will be payable by the Bank and / or BC to Customers on the available balance reflected on the tmw Wallet.

4.11. The Customer is permitted to maintain and operate only one Prepaid Payment Account. Any suspected non-conformity with this requirement shall be just cause for the suspension/ discontinuation of any/all Prepaid Payment Accounts associated with the Customer.

4.12. The Bank and / or BC may further as per its discretion introduce appropriate controls over the usage of the Prepaid Payment Account.

5. Wallet Charges & Validity

5.1. You shall pay the Service Charges prescribed by tmw in the form and manner prescribed for such payment. tmw may at its discretion, change, amend, increase, or reduce the Service Charges without prior intimation to the Customer.

5.2. Any value in your tmw Wallet that is utilized towards making payments for any Transaction shall be automatically debited from your tmw Wallet. tmw's responsibility is limited to the debiting of your tmw Wallet and the subsequent payment to any Merchant Establishment that you might transact with. tmw does not endorse, promote or warrant any goods and/or services that might be bought/availed or proposed to be bought/availed using tmw Wallet.

5.3. tmw reserves the right to levy charges/ charge commission upon any amounts loaded to tmw Wallet or any amounts spent/utilized by you using tmw Wallet.

Srno

Services

Minimum KYC

Full KYC

Limits

1

Signing up for tmw Wallet

Free

Free

2

Money Load in tmw Wallet:

Using Credit card/Debit card/Netbanking/IMPS

Free

Free

Using Load Card

Free

Free

At Retailer

Convenience fee as applicable at specific retailer

Convenience fee as applicable at specific retailer

3

Money Transfer

Wallet to Wallet ( W2W)

Not permitted

Free

Wallet to Bank Account using IMPS

Not permitted

Rs.5/ - or 2.36% of transaction amount whichever is higher. (Inclusive of taxes).

Minimum transaction amount - Rs.200

 

Wallet to Bank Account using NEFT / RTGS

Not permitted

Rs.5/ - or 2.36% of transaction amount whichever is higher. (Inclusive of taxes).

Minimum transaction amount - Rs.10

4

Mobile Recharge/DTH Recharge/Data Card Recharge

Using tmw Wallet

Free

Free

5

Bill Payments using tmw Wallet

Free

Free

If amount is upto Rs 500/-

If amount is > Rs 500/-

 

 

6

Gift Card Purchase

Using tmw Wallet

Free

Free

7

Online Payment / Shopping using tmw Wallet

Free

Free

8

Offline Payment / Shopping using tmw Wallet

Free

Free

9

Miscellaneous Products/ Services ( Vouchers and other Value Added Services)

Free

Free

10

Virtual Card issuance using tmw wallet

Free

Free

Schedule of Charges for Physical tmw Federal Bank Co-branded Pre-paid Card

Sr no

Services

Minimum KYC

Full KYC

1

Card Issuance & Reissuance Fee

Rs 149/-

Rs 149/-

2

Annual Fees

Rs 20/- plus taxes

Rs 20/- plus taxes

3

ATM Withdrawal Charge

Not permitted

Rs 20/- plus taxes

4

Card Re-despatch Fee (in case of courier returned)

Not Applicable

Currently zero charge.

6. TERMS OF USAGE

6.1. The Customer shall at all times ensure that the Prepaid Payment Account credentials are kept safe.

6.2. The Customer will be responsible for the security of the Prepaid Payment Account and shall take all steps towards ensuring the safekeeping thereof. The Customer shall not disclose his/her/its password to anyone verbally or in writing nor record it elsewhere.The Customer shall ensure the safety and confidentiality of its login id and password and shall keep TMW indemnified in case of misuse of the same.

6.3. The Customer will be liable for all charges incurred on the Prepaid Payment Account until the Prepaid Payment Account is reported for closure. You shall, immediately intimate the Bank and / or BC of the occurrence of any fraud, hacking or unauthorised use and the Bank and / or BC may, after due investigations, suspend or terminate the Prepaid Payment Account. However the Bank and / or BC shall not be liable for any such unauthorised usage or access of the Prepaid Payment Account and it shall be solely Customers responsibility to ensure privacy and confidentiality of Prepaid Payment Account details.

5.4. On creation of Prepaid Payment Account, You will have the opportunity to use various interactive aspects through which you can communicate with us and share information. Do not use inappropriate language; make gratuitous personal criticisms or comments.

6.5. You agree and acknowledge that you are solely responsible for any Information that you submit on the Website or Prepaid Payment Account or transmit to our Team and/or other users of the Website / Prepaid Payment Account.

6.6. You agree and acknowledge that you will not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining prior written consent of the owner of such proprietary rights and will not submit any content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party.

6.7. You agree that you will not provide / post any Information that falsely expresses or implies that such content or material is sponsored or endorsed by the Bank and / or BC.

6.8. You agree that you will not provide / post any information that is unlawful or that promotes or encourages illegal activity.

6.9. You understand and agree that the Bank and / or BC may (but is not obligated to) review and delete any posted Information that in the sole discretion of the Bank and / or BC violates these Terms or which might be offensive, illegal, or violate the rights of, harm, or threaten the safety of other users of the Prepaid Payment Account or Website and/or any other person.

6.10. You acknowledge and agree that the Bank and / or BC do not and shall not be required to actively monitor nor exercise any editorial control whatsoever over the content of any message or other material or information created, obtained or accessible through the Services. The Bank and / or BC do not endorse, verify or otherwise certify the contents of any comments or other material or information made by you. You are solely responsible for the contents of your communications and may be held legally liable or accountable for the content of your comments or other material or information.

6.11. You agree that you will only provide / post information that you believe to be true and you will not purposely provide false or misleading information.

6.12. The following is a list of the kind of content and communications that are illegal or prohibited on/through the Website or Prepaid Payment Account. The Bank and / or BC reserve the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Services and terminating the membership of such violators or blocking your use of the Services, Prepaid Payment Account and/or the Website. You may not post content that:
6.12.1. belongs to another person and to which You do not have any right to;
6.12.2. is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
6.12.3. harm minors in any way; infringes any patent, trademark, copyright or other proprietary rights;
6.12.4. violates any law for the time being in force;
6.12.5. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
6.12.6. impersonates another person; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
6.12.7. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

6.13. You agree that you will notify the Bank and / or BC at cs@tmwpay.com upon coming across any objectionable content on the Prepaid Payment Account or Website and the Bank and / or BC shall use best efforts to remove such objectionable content within the time period prescribed under Applicable Law.

6.14. The Customer shall inform the Bank and / or BC in writing at cs@tmwpay.com within seven (7) days, if any discrepancies exist in the Transactions/ particulars of the Prepaid Payment Account on any statement / records that is made available to the Customer. If the Bank and / or BC do not receive any information to the contrary within seven (7) days, the statement and the transactions shall be deemed to be correct and unconditionally and irrevocably binding on you. All records of your instructions and such other details (including but not limited to payments made or received) maintained by the Bank and / or BC, in electronic or documentary form pursuant to the Terms and Conditions herein, shall be deemed to be conclusive evidence of such instructions and such other details. In case of any dispute relating to the time of reporting and/ or Transaction/s made on the Prepaid Payment Account or Website or any other matter in relation to the said Prepaid Payment Account, the Bank and / or BC shall reserve the right to ascertain the time and/ or the authenticity of the disputed Transaction.

6.15. You must ensure the availability of sufficient funds before executing any Transaction from the Prepaid Payment Account.

6.16. You agree to adhere to all Applicable Laws and all such regulations, guidelines and rules prescribed from time to time by the Bank, RBI and any other regulatory body.

6.17. You hereby agree and acknowledge that the Prepaid Payment Account is issued, loaded, withdrawn, terminated, closed down, suspended by the Bank and / or BC only.

6.18. You agree that you will not use the Prepaid Payment Account for payment of any illegal/unlawful purchases/purposes.

6.19. You shall be bound to comply with the terms and conditions and all the policies stipulated by the Bank and / or BC from time to time.

6.20. You shall not use the Services, Prepaid Payment Account or Website for any purpose that might be construed as contrary or repugnant to any Applicable Laws, regulations, guidelines, judicial dicta, the Banks policies or public policy or for any purpose that might negatively prejudice the goodwill of the Bank and / or BC.

6.21. You agree and accept full responsibility for any wrongful use of the Prepaid Payment Account which is in contravention of these terms and conditions. You shall indemnify the Bank and BC and their respective director, officers, personnel, contractors and agents, to make good any loss, damage, penalties, claims, demand, interest or any other financial charges (including lawyer fees) that the aforesaid persons may incur and or suffer whether directly or indirectly as a result of your committing violations of these terms and conditions.

6.22. The Bank and / or BC reserve the absolute discretion and liberty to decline or honor the authorization request on the Prepaid Payment Account without assigning any reason thereto.

6.23. The Customer acknowledges and understands that the Services are linked to internet connection (and in case of mobile, mobile phone connection) and the Bank and / or BC shall not be responsible and you will be solely responsible for all liability arising from including but not limited to any loss or interruption of the Services or the unavailability of Services due to a mobile or internet not supporting Prepaid Payment Account or Website or Merchant site(s).

6.24. The Customer acknowledge that the information submitted by the Customer for availing the Services or information submitted while using the Services may be shared with third parties inter alia, to facilitate the provision of the Services.

6.25. The Bank and / or BC may request the Customer to submit additional KYC information/documents as part of ongoing monitoring and due diligence.

6.26. The Bank and / or BC may at their sole discretion, utilize the services of external service providers/or agents and on such terms as required or necessary, in relation to tmw Wallet and/or Services.

6.27. Merchant or Merchant Establishment may, at its sole discretion, make several promotional offers such as issuance of vouchers, announcing discounts ,etc. You expressly agree and acknowledge that TMW shall not be responsible or liable in any manner in respect of any such promotional or other offers made by Merchant or Merchant Establishment. TMW disclaims all liability arising out of any such offer issued by Merchant or Merchant Establishment and availed by the User.

7. TRANSACTION AND LOADING OF PREPAID PAYMENT ACCOUNT

7.1. You can use multiple funding sources for loading money in the Prepaid Payment Account. These sources could be but not limited to Cash, Credit Cards, Debit Cards, Net Banking, and transfer from another Prepaid Payment Account.

7.2. The Prepaid Payment Account may also be loaded by transfer of refund money of Transactions carried out using services of Merchant(s) or such other manner as is acceptable to the Bank. The Prepaid Payment Account may also be loaded by marketing promotions / schemes / incentives such as cash back, gifts, etc. by BC, Merchant or third parties or such other manner as is acceptable to the Bank and / or BC.

7.3. The Bank and / or BC may impose charges/ fees etc., payable by the Customer for availing the said Prepaid Payment Account and funds shall be loaded on the Prepaid Payment Account after deduction of the applicable charges/ fees etc.

7.4. In order to manage risk, the Bank and / or BC may limit the funding sources available for your use to fund any particular Transaction.

7.5. The Bank and / or BC may monitor each Transaction made into Your Prepaid Payment Account to monitor high-risk & fraudulent transactions. If Your Transaction is classified as a high-risk Transaction or is suspected of fraud, the Bank and / or BC will place a hold on the Transaction and may ask you for more information on you and your funding source. The Bank and / or BC will conduct a review and accordingly the Bank and / or BC will either clear or cancel the Transaction, as per Applicable Law. If the Transaction is cleared, Bank and / or BC will notify you and update Your Prepaid Payment Account. Otherwise, the Bank and / or BC will cancel the Transaction and the funds may be forfeited. The said funds will be refundable only to source account upon valid demand raised by holder of source account. The Bank and / or BC will notify you by email and/or in the account history tab of Your Prepaid Payment Account if the Transaction is cancelled.

7.6. When you load the Prepaid Payment Account, you are liable to the Bank and / or BC for the full amount of the load plus any fees, if the load is later invalidated for any reason including but not limited to chargeback, reversal of Transaction, dispute by the owner of funding source of a Transaction, you agree to allow the Bank and / or BC to recover any amounts due to the Bank and / or BC by debiting your Prepaid Payment Account. If there are insufficient funds in your Prepaid Payment Account to cover your liability, you agree to reimburse the Bank and / or BC through other means. If the Bank and / or BC are unable to recover the funds from your primary funding source, the Bank and / or BC may attempt to contact you and/or recover the funds from your alternate funding sources, or may at their discretion, can take appropriate legal actions to collect the amount due, to the extent allowed by Applicable Law. In addition, the Bank and / or BC reserve the right to suspend or terminate Your Prepaid Payment Account.

8. PAYMENT THROUGH PREPAID PAYMENT ACCOUNT

8.1. The Customer may also partially pay for the Products offered by the Merchant from its Prepaid Payment Account and pay the remaining amount using other payment mechanism such as debit card, credit card, net banking, etc.

9. TRANSACTIONS THROUGH PREPAID PAYMENT ACCOUNT

9.1. Customer can choose to withdraw the funds available in his Prepaid Payment Account to any bank account by way of IMPS/NEFT in accordance with guidelines of RBI. However, the Bank and / or BC may deny such withdrawal in any of the events as mentioned in terms and conditions.

9.2. The Bank and / or BC reserve the right to delay withdrawals while screening for risk, or request you provide additional information to verify your identity and may limit the amount you can withdraw until the information is verified.

9.3. Any withdrawal found to be suspicious will be held back and reversed into Prepaid Payment Account. The Prepaid Payment Account will also be suspended for operations and no Transactions will be possible pending an investigation. A notification will be given to you if you are the subject of an investigation. If you are able to provide a justification for the withdrawal to the satisfaction of the Bank and / or BC, your account will be removed from suspension and you would be free to transact using Your Prepaid Payment Account.

9.4. In the case of no information being provided by you for a suspended Prepaid Payment Account, the Prepaid Payment Account will continue to be suspended till its validity and the amount will be forfeited in compliance with guidelines of RBI.

10. DATA USAGE

10.1. Except for information’s that you provide /submit, all of the information available on or through Prepaid Payment Account, Services and/or the Website, including without limitation, text, photographs, graphics and video and audio content, is owned by us and our licensors and is protected by copyright, trademark, patent and trade secret laws, other proprietary rights and international treaties. You acknowledge that the Services and any underlying technology or software used in connection with the Services contain the tmw proprietary information. We give you permission to use the aforementioned content for personal, non-commercial purposes only and do not transfer any intellectual property rights to you by virtue of permitting your use of the Services. You may print, download, and store information from the Website for your own convenience, but you may not copy, distribute, republish, sell, or exploit any of the content, or exploit the Website in whole or in part, for any commercial gain or purpose whatsoever. Except as is expressly and unambiguously provided herein, we do not grant you any express or implied rights.

10.2.You agree that the terms and conditions mentioned on Merchant(s) sites are independent of these terms and conditions mentioned herein.

11. GENERAL CONDITIONS

11.1. tmw Services can only be availed by a person who has attained the age of 18 (eighteen) years and is competent to contract.

11.2. To avail Prepaid Payment Account Services from any tmw Agent location, the Customers are required to approach the authorized retail agents appointed by tmw.

11.3. Customer should ensure the receipt of notification of confirmation of all Transactions from tmw conducted at Agent locations.

11.4. The Customer shall immediately call the customer call centre on the number listed on the Website and register a complaint and shall subsequently also register such complaint in writing with the Agent in the event of any loss, and/or theft in/ of the mobile phone connection with the TMW Wallet, failing which the Bank and /or BC will not be liable for any unauthorized Transactions on tmw Account of the Customer.

11.5. Customer shall promptly inform the Bank and/ or BC about any changes in his/her permanent or communication address and provide the supporting document(s) that the Bank and / or BC may require from time to time.

11.6. Customer shall not assign or transfer tmw Account or the Services or otherwise grants to any third party a legal or equitable interest over it.

11.7. Customer grants express authority to the Bank and / or BC for carrying out Transactions and instructions authenticated by providing the Mobile PIN.

11.8. Customer shall be the sole and exclusive owner of the Mobile PIN and the Customer accepts sole responsibility for use, confidentiality and protection of the customer`s Mobile PIN. The Customer shall not disclose the Mobile PIN to any other person and shall not respond to any unauthorized SMS/ e-mail/ phone call in which the Mobile PIN is asked for. The Bank and / or BC shall, in no manner whatsoever, be held responsible or liable, if the Customer incurs any loss as a result of the Mobile PIN being disclosed/ shared by the Customer with any third person or in any other manner whereby the security of the Mobile PIN is compromised.

11.9. Customer must ensure the availability of sufficient funds including service charges thereon, if any in tmw Account before initiating any Transaction.

11.10. Customer acknowledges that any information provided to the Bank and / or BC with the intention of securing tmw Account shall vest with tmw and may be used by the Bank and/ or BC at its discretion, for any purpose consistent with any applicable law or regulation and privacy policy and/or statement displayed on its website.

11.11. Any information submitted by the Customer while availing the tmw Wallet may be shared with third parties by the Bank and / or BC to facilitate the provision of tmw Services and any other additional services.

11.12. The Customer shall not use tmw Services for any purpose that might be construed as contrary or repugnant to any applicable law, public policy or for any purpose that is contrary to the Bank and / or BC policy or might prejudice the goodwill of the Bank and / or BC.

11.13. The Customer confirms that he/she holds only one active tmw account and does not hold multiple active tmw Account in violation of the applicable laws and regulations.

12. RESERVATIONS

12.1. The Bank and / or BC reserve the right to discontinue the Services and/or reject the AOF at any time at their sole discretion, if there are discrepancies in the information provided by the Customer for the purpose of KYC. In such cases, the Bank and / or BC reserve the right to take appropriate action as they may deem fit and proper without incurring any liability in any manner whatsoever.

12.2. The Bank and / or BC reserve the right to suspend and/or discontinue tmw Services at any time, without giving prior intimation to the Customer, for any one or all of the following reasons, including but not limited to:
12.2.1. For any suspected violation of any rules, regulations, orders, directions, notifications issued by RBI from time to time or for any violation of these Terms and Conditions.
12.2.2. For any discrepancy or suspected discrepancy in the particular(s) or documentation or AOF provided by the Customer.
12.2.3. To combat potential fraud, sabotage, wilful destruction, threat to national security or for any other force majeure reasons (more particularly detailed in clause 12 herein below) etc.
12.2.4. In order to comply with any applicable laws and regulations.
12.2.5. For any technical failure, modification, upgradation, variation, relocation, repair, and/or maintenance due to any emergency or for any other technical reasons.
12.2.6. For any transmission deficiencies caused by topographical and geographical constraints/limitations.
12.2.7. On account of ineligibility of the Customer under any criteria as mandated by the Bank and / or BC. However prior to such suspension/ discontinuance of the Prepaid Payment Account Services, the Customer, at the sole discretion of the Bank and / or BC, may be provided with the ability to transfer and/ or utilize the balances lying in tmw Account.

12.3. In the event of occurrence of Transactions that may be construed as dubious or undesirable, the Bank and / or BC reserve the right to freeze operations in such tmw Accounts and /or close tmw Account including reporting to authorities as may be required as per applicable regulations and as may be deemed fit and proper.

12.4. In case of network failure or for any other reason beyond the control of the Bank and / or BC, there could be delay or failure to complete the Transaction. The Bank and / or BC reserve the right to cancel the Transaction in case of any network failure. The Bank / BC shall not be responsible for any kind of losses that may occur due to such delay of failure to complete Transactions.

12.5. The Bank and / or BC reserve(s) the right to reject the AOF and any documents of the Customer without providing any reason. The Bank and / or BC reserve the right to retain such AOF and documents and photographs submitted along with it.

13. CHARGES

13.1. 13.1. Usage and operation of Prepaid Payment Account is subject to payment of service charges prescribed by the Bank and / or BC and as set out on the Website from time to time. Charges shall be exclusive of all taxes as applicable which will be charged extra.

13.2. The Bank and / or BC have the right to levy Charges including but not limited to, charges on Transaction, periodic maintenance, Services etc. in accordance with applicable laws.

13.3. Customer unconditionally and irrevocably authorizes the Bank and / or BC to debit his / her Prepaid Payment Account from time to time with applicable transaction charges and fees plus taxes for the issue and use of Prepaid Payment Account as and when required by the Bank and / or BC.

14. SUSPENSION OR DISCONTINUANCE OF SERVICES

The Bank and / or BC reserve the right, without prior notice and at its sole discretion, to suspend, restrict, discontinue or deny access to or Your use of Services provided by the Bank and / or BC :

14.1. In case any of the documents furnished towards identity, address proof and other KYC requirements are found to be fake / forged / defective

14.2. In case customer is not eligible to maintain or hold a Prepaid Payment Account as per Indian Laws.

14.3. In case of unsatisfactory conduct of the Prepaid Payment Account

14.4. In case of no transaction has been done on the Prepaid Payment Account by the Customer after expiry of six months or such other period as specified by the Bank and / or BC.

14.5. If you use or the Prepaid Payment Account is used or suspected to be used to defraud any person or entity

14.6. If you use the Prepaid Payment Account to engage in any unlawful activities including without limitation those which would constitute the infringement of intellectual property rights, a civil liability or a criminal offence;

14.7. If you engage in any activities that would otherwise create any liability for the Bank or for any of its contractors or agents;

14.8. For any suspected discrepancy in the particular(s), online application, documentation provided by the Customer;

14.9. Any Force Majeure reasons;

14.10. 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;

14.10. 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;

14.12. If the Bank and / or BC believe, in its reasonable opinion, that cessation/ suspension is necessary.

All notices to be issued to the Customers under this Clause shall be deemed to have been sent and received on the contact information provided by the customer to the Bank and / or BC.

15. INDEMINITY

15.1. The Customer shall be liable to the Bank and / or BC for losses, expenses or damages and agree to indemnify, defend and hold harmless the Bank and / or BC and /or Agents harmless from any and all claims, losses, damages, liabilities, costs and expenses, including and without limitation legal fees and expenses arising out of or related to use or misuse of Prepaid Payment Account Services or website, violation of any of the terms and conditions or any breach of any representations, warranties and covenants made by the Customer under this Agreement.

15.2. The Customer shall indemnify the Bank and / or BC against any fraud or any loss or damage suffered by the Bank and / or BC due to the failure on the part of the Customer to communicate correct permanent or communication address and/or failure on the part of the Customer to communicate any change/alteration in the said permanent or communication address.

16. TERMINATION

16.1. The Customer may request for closure of tmw Account and Services thereof any time by giving a written notice at cs@tmwpay.com at least 15 (fifteen) working days to the Bank and / or BC. The termination shall take effect on the completion of the fifteenth day. The user will remain responsible for any Transactions made through tmw Account until the time of such termination.

16.2. Termination will be effective subject to payment of all amounts outstanding on the Prepaid Payment Account. No fees charged, if any, to Customer shall be refunded in the event of termination, suspension or discontinuance of Services.

16.3. The Bank and / or BC may also restrict, terminate or suspend the use of Prepaid Payment Account at any time without prior notice if the Bank and / or BC reasonably believe it necessary for business or security reasons. The Prepaid Payment Account must not be used after these Terms and Conditions end or while use of Prepaid Payment Account is suspended.

16.4. The Bank and / or BC shall, upon adequate verification, block/suspend/close the Prepaid Payment Account and terminate all facilities in relation thereto following the receipt of such intimation and shall not be liable for any inconvenience caused to the Customer in this regard.

16.5. There may be expiry date for the Prepaid Payment Account as may be decided by the Bank and / or BC in accordance with the guidelines of RBI.

16.6. Any value in your Prepaid Payment Account to be utilized in the following manner:
16.6.1. Within 6 months from the date of your last Transaction or
16.6.2. Within 6 months from the date of activation; whichever is later.
16.6.3. Any value in Prepaid Payment Account which is not utilized or withdrawn in the aforesaid manner may stand forfeited at the discretion of the Bank and / or BC. The Bank and / or BC will send thirty (30) days advance communication to Customer before any forfeiture of outstanding amount in the Prepaid Payment Account by SMS at the mobile number and/or by email at email id which is provided by Customer for use of the Services. It is the responsibility of the Customer to ensure that the information provided by the Customer including the email id and the mobile number is updated at all times.

17. ADDITIONAL TERMS

17.1. The Bank and / or BC make no express or implied warranty, guarantee, representation or undertaking whatsoever regarding the services, which are not expressly mentioned herein.

17.2. The Bank and / or BC shall not be responsible for any acts or omissions of any third party including distributors/retailers/Merchants etc. with regard to services which are not expressly authorized by The Bank and / or BC.

17.3. The Bank and / or BC shall not be liable to the Customer or any other person for any incorrect information provided by the Customer to BC pertaining to the Prepaid Payment Account Services, any delays, loss of business, profit, revenue or goodwill, anticipated savings, damages, fees costs, expense, etc. or for any indirect or consequential loss, howsoever arising, on account of unavailability/usage of Prepaid Payment Account Services or otherwise.

17.4. The Bank and / or BC shall not be responsible in any way for the products or for any site from any Merchant Establishment from which they are purchased, or for any charges, taxes or other duties relating to the Transactions. The Merchant Establishments are solely responsible for all information in relation to the products, for the products themselves and their supply and sale to the Customer.

17.5. Any dispute with or complaint against any Merchant Establishment must be directly resolved by the Customer with the Merchant Establishment. It is clarified that The Bank and / or BC shall not be responsible or liable for any deficiency in goods and/or services purchased using the tmw Wallet. This exclusion of liability shall apply even for goods and/or services made available by tmw under promotional schemes. Customer is instructed to satisfy itself regarding the quality, quantity and fitness of any good and/or service before purchasing the same.

18. LIMITAION OF LAIBILITY

Bill Payment Request

i)The Customer acknowledges that all Bill Payments shall be carried out at-least 4 (four) working days before the actual due date of making payments of the amounts due under the bill. The Customer shall not hold the Bank and / or BC liable for any delay in payments due to technical reasons or otherwise.

ii) The Customer shall provide complete details of the biller before initiating Bill Payment transaction for the respective biller. The Customer acknowledges that instruction shall be executed on a real time basis. Hence, in the event that the Customer has keyed in wrong details and the transaction is completed successfully by tmw Wallet then is such case, the Customer cannot hold the Bank and / or BC liable for any loss arising out of it.

iii) The Customer shall inform the Bank and / or BC in case the transaction has been carried out by the Customer but the bills are still pending for payment, Customer shall refer to the Grievance policy of tmw on its website for more details.

RECHARGE

tmw is only a reseller of prepaid mobile services by telecommunications service providers or the providers of such prepaid recharge or other distributors or aggregators. tmw is not a warrantor, insurer, or guarantor of the services to be provided by the by telecommunications service providers. Recharge sold by tmw to the Customer is sold without recourse against tmw for any breach of contract by the by telecommunications service providers. Any disputes regarding the quality, minutes provided, cost, expiration, or other terms of the Recharge purchased must be handled directly between the Customer (or the recipient of the Recharge) and the by telecommunications service providers.
It is the sole responsibility of the Customer to enter the correct number for prepaid recharge, tmw cannot be held liable in case of input of any wrong information by the Customer.

BUS TICKETS

i) tmw is only a bus ticket agent and does not operate bus services of its own. tmw provides a comprehensive choice of bus operators, departure times and prices to customers; it has tied up with many bus operators and service providers.

ii) tmw's advice to customers is to choose bus operators they are aware of and whose service they are comfortable with.

iii) tmw's responsibilities include:
a) Issuing a valid ticket (a ticket that will be accepted by the bus operator) for its' network of bus operators.
b) Providing refund and support in the event of cancellation.

GIFT VOUCHERS

i. tmw is acting an agent for sale of gift vouchers of various merchant(s). Gift vouchers are available for sale in digital form only.

ii. tmw also sales its own gift vouchers (known as tmw Gift Cards)

iii. Customer agrees and understands while purchasing gift voucher of any particular merchant(s) that terms and conditions of that merchant(s) shall be applicable with respect of those gift vouchers.

iv. Customer agrees and understands that validity of tmw Gift Card is six months only. In case the same remain unutilised after expiry of validity period, tmw reserve the right to forfeit the same without any information to customer. tmw reserve the right to change the validity period of tmw Gift Cards.

19. CHANGE OF TERMS

19.1. The Bank and / or BC reserve the right, at its sole discretion to alter, modify or amend these Terms and Conditions from time to time and the same shall be updated and displayed on Website or Prepaid Payment Account.

19.2. The Bank and / or BC may modify, terminate and/or suspend Prepaid Payment Account Services anytime with or without prior notice, due to any changes in internal policies, rules, regulations and laws set by relevant authorities and/or regulators.

20. SEVERABILITY

If any part of these Terms and Conditions are 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 the Bank / BC and the Customer.

21. OWNERSHIP AND PROPRIETARY RIGHTS

The Customer agrees that he/she shall have no claims/rights of whatsoever nature in the intellectual property rights arising out of and in connection with tmw Wallet and Services thereto. The Customer further undertakes that he/she shall not attempt to modify, alter, obscure, translate, disassemble, decompile or reverse engineer the software underlying mobile banking or create any derivative product based on the software.

22. FORCE MAJEURE

22.1. The Bank and / or BC shall inform the Customer of the existence of a Force Majeure Event due to which the Bank and / or BC may be unable to provide the services in full or in part. "Force Majeure Event" under this agreement shall mean any event due to any cause beyond the reasonable control of the Bank and / or BC, 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, insurrection, war, acts of government, computer hacking, unauthorized access to computer data and storage device, computer crashes, breach of security and encryption, etc.

22.1. The Bank and / or BC shall inform the Customer of the existence of a Force Majeure Event due to which the Bank and / or BC may be unable to provide the services in full or in part. "Force Majeure Event" under this agreement shall mean any event due to any cause beyond the reasonable control of the Bank and / or BC, 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, insurrection, war, acts of government, computer hacking, unauthorized access to computer data and storage device, computer crashes, breach of security and encryption, etc.

23. CUSTOMER COVENANTS NOT TO :

23.1. impersonate any person or entity, or make any false claim;

23.2. access the Prepaid Payment Accounts of any other Customer without athorization/permission;

23.3. perform any other similar fraudulent activity;

23.4. infringe Banks and / or BC `s or any third party's intellectual property rights, rights of publicity or privacy;

23.5. use the Services in a manner that results in or may result in complaints, disputes, reversals, chargebacks, fees, penalties and other liability to the Bank and / or BC , any third party or You;

23.6. purchase of any product or commodity which may be illegal or forbidden by law or may result in a crime using tmw Wallet, in such a case the Bank and / or BC shall not be liable and it shall be the sole responsibility of the Customer;

24. JURISDICTION

The laws of India shall govern these terms. In case of any dispute arising out of or in connection with tmw Wallet the Customer shall approach the grievance redressal forum in accordance with the grievance redressal policy as laid out on the Website. The Customer hereby agrees that any legal action or proceedings arising out of these Terms and Conditions shall be brought in the courts or tribunals at Mumbai in India and irrevocably submit themselves to the jurisdiction of such courts and tribunals. The Bank and / or BC, however, in its absolute discretion, may commence any legal action or proceedings arising out of the terms in any other court, tribunal or other appropriate forum, and the user hereby consents to that jurisdiction. Any provision of these terms, which is prohibited or unenforceable in any jurisdiction, shall, as to such jurisdiction, be ineffective to the extent of prohibition or unenforceability but shall not invalidate the remaining provisions of the Terms or affect such provision in any other jurisdiction.

25. NOTICES

Notices in respect the Services and facilities of Prepaid Payment Account may be either through email or on the address given by tmw on its Website, or on the address mentioned below:
Tower 3, Equinox Business Park,
Bandra Kurla Complex,
Kurla West,
Mumbai-400070

Email address cs@tmwpay.com

The Bank and / or BC would be deemed to have fulfilled its legal obligation to deliver to the Customer any communication or document if such communication or document is sent via electronic means or SMS or through notification on registered mobile number. Failure to advise the Bank and / or BC of any difficulty in opening a document or reading the communication within twenty-four (24) hours after delivery shall serve as an affirmation regarding the acceptance of the document / communication.

THIS DOCUMENT IS PUBLISHED IN COMPLIANCE OF AND SHALL BE GOVERNED BY INDIAN LAW, INCLUDING BUT NOT LIMITED TO (I) THE PAYMENT AND SETTLEMENT SYSTEMS ACT, 2007 AND APPLICABLE RULES, REGULATIONS AND GUIDELINES MADE THEREUNDER INCLUDING POLICY GUIDELINES ON ISSUANCE AND OPERATION OF PRE-PAID PAYMENT INSTRUMENT IN INDIA; (II) THE INFORMATION TECHNOLOGY ACT, 2000, THE RULES, REGULATIONS, GUIDELINES AND CLARIFICATIONS FRAMED THEREUNDER INCLUDING THE INFORMATION TECHNOLOGY (REASONABLE SECURITY PRACTICES AND PROCEDURES AND SENSITIVE PERSONAL INFORMATION) RULES, 2011, AND THE PROVISIONS OF RULE 3 (1) OF THE INFORMATION TECHNOLOGY (INTERMEDIARIES GUIDELINES) RULES, 2011; (III) THE INDIAN CONTRACT ACT, 1872; AND (IV) RESERVE BANK OF INDIA ACT, 1934 AND THE APPLICABLE RULES, REGULATIONS AND GUIDELINES MADE THEREUNDER FOR THE BANK TO ISSUE PRE-PAID PAYMENT INSTRUMENT AND FOR MONEY TRANSFER.

THIS DOCUMENT IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS / RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THIS AGREEMENT DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE. THIS DOCUMENT IS ALSO DISCLOSED IN COMPLIANCE WITH SECTION 21 OF PAYMENT AND SETTLEMENT SYSTEMS ACT, 2007 AND AS REQUIRED TO BE DISCLOSED UNDER POLICY GUIDELINES ON ISSUANCE AND OPERATION OF PRE-PAID PAYMENT INSTRUMENT IN INDIA.

THIS AGREEMENT IS A LEGALLY BINDING DOCUMENT BETWEEN YOU, THE BANK AND BUSINESS CORRESPONDANT (THESE TERMS DEFINED HEREIN). THE TERMS OF THIS DOCUMENT WILL BE EFFECTIVE UPON YOUR ACCEPTANCE OF THE SAME (IN ELECTRONIC FORM OR BY MEANS OF AN ELECTRONIC RECORD OR OTHER MEANS) AND WILL GOVERN THE RELATIONSHIP BETWEEN YOU, THE BANK AND BUSINESS CORESPONDANT FOR THE USE OF tmw WALLET AND SERVICES (DEFINED BELOW). IF ANY TERMS OF THIS DOCUMENT CONFLICT WITH ANY OTHER DOCUMENT/ELECTRONIC RECORD IN THIS BEHALF, THE TERMS AND CONDITIONS OF THIS AGREEMENT SHALL PREVAIL, UNTIL FURTHER CHANGE / MODIFICATIONS ARE NOTIFIED BY THE BANK AND / OR BUSINESS CORESPONDANT.

By availing tmw Services the Customer accepts all the above mentioned terms and conditions and agrees to abide by the same.

TERMS OF USE

PART – I

1. INTRODUCTION

1.1 THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF THE INFORMATION TECHNOLOGY ACT, 2000 AND RULES THEREUNDER AS APPLICABLE AND THE PROVISIONS PERTAINING TO ELECTRONIC RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.

1.2. THIS DOCUMENT IS PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF RULE 3(1) OF THE INFORMATION TECHNOLOGY (INTERMEDIARIES GUIDELINES) RULES, 2011 THAT REQUIRES PUBLISHING THE RULES AND REGULATIONS, PRIVACY POLICY AND TERMS OF USE FOR ACCESS OR USAGE OF THE PLATFORM.

1.3. PART I AND PART II OF THESE TERMS OF USE SHALL BE COLLECTIVELY REFERRED TO AS THE ‘TERMS’ AND SHALL ALWAYS BE READ TOGETHER.

2. DEFINITIONS

2.1. For the purpose of these Terms, wherever the context so requires, the term:

2.1.1. “Customer” shall mean any individual, who as the counterparty transacts using the Platform for buying Gold, taking delivery of Gold and/or selling back the Gold to Digigold as outlined in these Terms.

2.1.2. “Customer Account” shall mean the account created whether by You or otherwise, in accordance with these Terms.

2.1.3. “Customer Account Information” shall mean the information provided by You for the purpose of creation of the Customer Account.

2.1.4. “Customer Request” shall mean a Delivery Request, Sale Request or Exchange Request placed by You in relation to the Customer Gold.

2.1.5. “Force Majeure Event” shall mean any event that is beyond the reasonable control of the Distribution Partner and/or Digigold and shall include, without limitation, sabotage, fire, flood, explosion, act of God, civil commotion, strikes, lockouts or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, civil disturbances, unauthorised access to computer data and storage device, computer crashes, virus attacks, breach of security and encryption, and any other similar events not within the control of the Distribution Partner and/or Digigold and which the Distribution Partner and/or Digigold is not able to overcome.

2.1.6. “Person” shall mean an individual, a corporation, a partnership, a joint venture, a trust, an unincorporated organization and any other legal entity.

2.1.7. "Platform" shall mean, and include, the mobile application, pre-paid card and retail network by the name and style of ‘TMW’, that the Customer, through a retailer/other intermediary authorised by the Distribution Partner in this regard, accesses for the transactions, including all contents, services and technology offered through the Platform.

2.1.8. “Transfer” refers to a facility to transfer Gold from a Customer Account to another Customer Account.

In addition to the terms defined in Section 2.1, additional terms used herein shall have the respective meanings assigned thereto in the relevant sections contained hereinafter.

3. TERMS AND CONDITIONS OF SERVICES BEING PROVIDED BY DIGIGOLD

3.1. Digital Gold India Private Limited, a company incorporated under the Companies Act, 2013 with its registered office at 1902 Tower B, Peninsula Business Park, Ganpatrao Kadam Marg, Lower Parel, Mumbai, Maharashtra 400013, ("Digigold") will be selling gold and providing services of safe keeping/vaulting and delivery/fulfilment of gold and related services thereto to the Customers, on or through the Platform (“Services”).

3.2. The Gold is being offered for purchase and/or sale by Digigold under its brand name “SafeGold”. The Services are being provided by Digigold. The MobileWallet Private Limited (“Distribution Partner”) is only facilitating the Services on its Platform. The Distribution Partner assumes no liability for the Services except for providing payment services and Customer Support in addressing the queries related to the Services. Any and all of the transactions relating to the Services are being rendered by Digigold in association with the Intermediaries (namely the Security Trustee and Vault Keeper) with whom separate agreements have been entered into by Digigold.

3.3. The Customers are advised to read and understand these Terms carefully before using the Services.

3.4. Customers are also advised to read and understand any Terms and Conditions as may be stated as applicable to Customers availing themselves of these Services, by the Distribution Partner.

3.5. Digigold and/or the Distribution Partner does not guarantee any returns, on any transactions consummated vis-à-vis the Platform, to any person, either directly or indirectly. The Customer (hereinafter referred to as “You”, with the term “Your” being construed accordingly) shall be solely responsible for undertaking appropriate and effective due diligence and related analysis before undertaking any transactions pursuant to these Terms of Use. You further acknowledge and agree that Digigold and/or the Distribution Partner and their officers, directors, employees, agents and affiliates will have no liability for Your purchase or other decisions using the Platform.

3.6. The Services by Digigold shall be provided for a term commencing from the date of creation of the Customer Account.

3.7. You understand and acknowledge that the Services are being provided and made available on an “AS IS” and “AS AVAILABLE” basis. The Platform may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from Your device and/or any device used by You to connect to the Platform as well as from peripherals (including, without limitation, servers and computers) connected to any of the above-mentioned devices. You assume all risks and costs associated with Your use of the Services, including without limitation, any costs incurred for the use of Your device and any damage to any equipment, software or data.

4. SECURITY TRUSTEE, INTERMEDIARIES AND SAFE KEEPING ARRANGEMENT

4.1. Appointment of Intermediaries

4.1.1. Digigold or the Security Trustee (as the case may be) may from time to time appoint intermediaries who shall assist Digigold in providing the Services to You (“Intermediaries”). The term, “Intermediaries” shall mean the Security Trustee, Vault Keeper and shall include any and all Persons appointed by Digigold or the Security Trustee (as the case may be) upon placement of a Customer Order (and successful payment of monies in lieu thereof) till the consummation of the Customer Requests placed by You in accordance with these Terms. You hereby consent to the appointment of such Intermediaries, for and on Your behalf, by Digigold or the Security Trustee (as the case may be).

4.1.2. You acknowledge and understand that these Intermediaries have been appointed to ensure that Your Customer Orders/Customer Requests are duly complied with in accordance with these Terms. You additionally acknowledge that certain payments will have to be made to these Intermediaries for their appointment and services in relation thereto, which shall be borne by Digigold on Your behalf unless otherwise indicated in these Terms.

4.2. Appointment of Security Trustee

4.2.1. You hereby acknowledge and agree that in order to ensure that Your Customer Orders/Customer Requests are fulfilled in all circumstances, a first and exclusive charge on the Customer Gold by way of hypothecation will be created in favour of IDBI Trusteeship Services Limited or any successor Person (“Security Trustee”).

4.2.2. By accepting these Terms, You further agree to accede to the terms for such arrangement with the Security Trustee (i.e., a security trustee agreement) and for creation of the charge over the Customer Gold by way of a deed of hypothecation or the like (collectively, “Security Trustee Agreements”). By clicking on “I Accept”, You acknowledge that You will accede to the Security Trustee Agreements (upon such date) as if You had been named as an original party to the same and had executed each of such Security Trustee Agreements; and will be bound by all the terms and conditions of the Security Trustee Agreements.

4.2.3. In the event of any expenses or charges remaining payable to any Intermediaries or otherwise till actual delivery or fulfilment of any of Your Customer Orders/Customer Requests for any reason, including where Digigold is unable to pay these expenses or charges for any reason whatsoever, thereby adversely effecting or jeopardizing the fulfilment of Your Customer Orders/Customer Requests, then the Security Trustee will be entitled to sell part of the Customer Gold and satisfy such outstanding expenses or charges as required in accordance with these Terms read with the Security Trustee Agreements. The sums due to You and/or gold to be delivered (as the case may be), after settling the aforementioned charges, would be dealt with in accordance with these Terms read with the Security Trustee Agreements.

4.2.4. By way of these Terms, You authorize the Security Trustee to act on Your behalf to ensure that Your interests are adequately protected.

4.3. Safe Keeping/Vaulting of Gold

4.3.1. Gold purchased by You corresponding to the Customer Order shall be stored with a custodian in a vault on Your behalf (“Vault Keeper”).

4.3.2. You hereby authorize (i) appointment of such Vault Keeper to safe keep the gold purchased; and (ii) Digigold to store such gold products purchased by You, including, but not limited to, bullion, coins or jewellery (as the case may be) in the secured vault on Your behalf (“Customer Gold”). It is hereby clarified that Your purchase of the gold corresponding to the Customer Order shall be deemed to be completed and title in relation thereto shall be deemed to have been passed upon such relevant portion of the Customer Gold being stored in the vault with the Vault Keeper on Your behalf or upon a final invoice being issued by Digigold in accordance with these Terms, subject to applicable laws.

4.3.3. To ensure that the Customer Gold stored in such vault is adequately protected, necessary insurance policy/ies has been obtained by the Vault Keeper, where the cost of insurance to safe keep the same will be borne by the Vault Keeper. Pursuant to such insurance policy/ies, for any loss or damage to the Customer Gold stored in the vault, You further authorize the Security Trustee to act as Your beneficiary under the insurance policy/ies and to take all steps necessary to protect Your interests.

4.3.4. While the Vault Keeper has taken the necessary insurance policy/ies, in case of occurrence of an event not covered in such insurance policy/ies, the Customer Gold may be at risk. The insurance policy/ies obtained by the Vault Keeper are in line with the global industry practices and cover losses due to fire, lightning, theft, cyclone, earthquake, flood, etc. but do not cover losses due to events such as war, revolution, derelict weapons of war, nuclear radiation, etc.

5. STORAGE OF GOLD

You are required to take delivery of Your Customer Gold within such maximum period as shall be specified for this purpose by Digigold from time to time and communicated to you (“Maximum Storage Period”). Storage of Your Customer Gold shall be free of cost for You for a period of 24 months from the time of gold purchase (“Free Storage Period”). This may be revised from time to time by Digigold. At the end of the Free Storage Period, a fee shall be applicable to the continued storage of Your Customer Gold with the Vault Keeper, subject to the constraints of the Maximum Storage Period, which shall be deducted from Your Customer Gold. Digigold shall communicate with You to inform you of the expiry of the Free Storage Period, as well as the associated charge for the continued storage. For the purposes of making delivery to You, You are required to provide a valid address and/or any other documents/information/ biometric identification that may be specified in this regard by the Distribution Partner and/or Digigold on the Platform from time to time. You may provide such address at any time during the Maximum Storage Period. In the event that no valid address has been provided by You during the Maximum Storage Period, then the Distribution Partner and/or Digigold shall for a period 1 year commencing from the date of expiry of Maximum Storage Period (such period being the “Grace Period”) attempt at least once to contact You using the contact information provided by You to obtain either (i) an address to which You would require the gold in question to be delivered or (ii) Your bank account details into which sale proceeds of the Customer Gold shall be deposited. In the event that the Distribution Partner and/or Digigold has not been able to contact You during the applicable Grace Period using the contact information provided by You or where You shall during the Grace Period either fail to:
(a) take delivery of the gold in question for any reason whosoever (including where You shall not have provided any address to take delivery of such gold); or
(b) provide the details for a valid bank account into which the proceeds of any sale of such Customer Gold is to be deposited;
then upon expiry of the applicable Grace Period for the Customer Gold in question, Digigold shall purchase such Customer Gold with the purchase price being the applicable prevailing price displayed on the Platform for purchase of gold from Customers. The purchase proceeds realized from such sale (“Final Sale Proceeds”) after deducting any amounts payable to Digigold as storage charges for storage of such gold after the Free Storage Period, shall be deposited into a no-lien bank account operated by the Security Trustee who shall be the sole signatory to such bank account. In the event that You shall during a period of 3 years commencing from the date of expiry of the applicable Grace Period (such period being the “Final Claim Period”) notify either the Distribution Partner, Digigold or the Security Trustee that You are claiming the applicable Final Sale Proceeds, the Security Trustee shall issue suitable instructions to transfer the Final Sale Proceeds to such bank account as You shall notify for this purpose. Please note that to claim the Final Sale Proceeds You will be required to provide details of a valid bank account and that the Final Sale Proceeds will not be transferred in the absence of such details. At no time will the Final Sale Proceeds be paid to you in cash. In the event that You shall not claim Your Final Sale Proceeds within the Final Claim Period, then the Final Sale Proceeds shall be transferred to the Prime Minister’s Relief Fund or such other fund as You may designate for this purpose at any time prior to the expiry of the Grace Period.

6. FORCE MAJEURE

If performance under these Terms is prevented, restricted, delayed or interfered with by reason of labour disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, inducement of any virus, Trojan or other disruptive mechanisms, any event of hacking or illegal usage of the Platform, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or failure of any device used to access the Platform, or any other act whatsoever, whether similar or dissimilar to those referred to in this section, which are beyond the reasonable control of the Distribution Partner and/or Digigold and could not have been prevented by reasonable precautions then the Distribution Partner and/or Digigold shall be discharged from such performance to the extent of and during the period of such force majeure event. Such non-performance by the Distribution Partner and/or Digigold shall, in no manner whosoever, amount to a breach of its obligations herein.

7. TERMINATION OF SERVICES BY DIGIGOLD

7.1. Digigold, in its sole discretion, may modify, suspend, or terminate access to or may require the Platform to modify, suspend, or terminate access to, all or any portion of the Platform or Your ability to access any Services through the Platform at any time for any reason including termination for breach of any of these Terms or occurrence of a Customer EoD or the Privacy Policy. The term “Customer EoD” shall mean any default by a Customer of its obligations owed to the Security Trustee, under the Security Trustee Agreements provided that for the purposes of enforcing the hypothecation created by You in favour of the Security Trustee, the Security Trustee would be required to first obtain a suitable order / direction passed in its favour from a competent judicial or statutory authority having jurisdiction in the matter.

7.2. These Terms shall further stand terminated:

7.2.1. if Digigold is adjudged bankrupt or declared insolvent;

7.2.2. if Digigold ceases to carry on its business or has communicated to the Security Trustee any intention to cease to carry on its business;

7.2.3. if Digigold breaches any of the terms and conditions under the Security Trustee Agreements or Terms and Digigold does not remedy such breach within 60 (Sixty) days of being called upon to do so by the Security Trustee;

7.2.4. upon any corporate action (excluding any third party corporate action), legal proceedings or other procedures or steps being taken in relation to the suspension of payments, winding up, dissolution, administration, provisional supervision or reorganization or restructuring (by way of voluntary arrangement, scheme of arrangement or otherwise) of Digigold;

7.2.5. upon Digigold commencing a voluntary proceeding under any applicable bankruptcy, insolvency, winding up or other similar applicable law now or hereafter in effect, or consenting to the entry of an order for relief in an involuntary proceeding under any such applicable law, or consenting to the appointment or taking possession by a receiver, liquidator, assignee (or similar official) for the whole or a substantial part of its property or takes any action towards its re-organization, liquidation or dissolution;

7.2.6. upon an order being made for the winding up, bankruptcy or dissolution of Digigold, or an application is admitted for initiating any corporate insolvency resolution process against Digigold in accordance with Applicable Law;

7.2.7. upon any encumbrancer lawfully taking possession, or a liquidator, judicial custodian, receiver, administrative receiver or trustee or any analogous officer having been appointed in respect of the whole or a substantial part of the property of Digigold, or an attachment, sequestration, distress or execution (or analogous process) being levied or enforced upon or issued against whole or a substantial part of the assets or property of Digigold, or any action has been taken or suffered against Digigold towards liquidation or dissolution or similar reorganization; or

7.2.8. upon a liquidator or provisional liquidator being appointed to Digigold or a receiver, receiver and manager, trustee or similar official being appointed in respect of Digigold or any of its assets, or an event analogous.

7.3. Upon the happening of any of the events referred to in Section 7.2, and where there is any insufficiency of Digigold funds required to pay any costs and expenses to be incurred in relation to providing delivery of Your Customer Gold to You, then in such an event You do hereby authorise the Security Trustee to sell any part of the Customer Gold, that is necessary or required to defray such costs and expenses.

7.4. Pursuant to the Security Trustee Agreements, Digigold has created a charge by way of hypothecation in favour of the Security Trustee for the benefit of the Customers over: (a) the monies lying in the Collection Account from time to time; and (b) gold purchased by Digigold from time to time and lying with the Vault Keeper or in transit and, which is the property of Digigold; (collectively “Security”). Upon the occurrence of any of the events detailed in Section 7.1 and 7.2, the Security Trustee under the Security Trustee Agreements is to: (i) declare all outstanding amounts as due and payable to the Security Trustee forthwith; and (ii) take charge and/or possession of, seize, recover, receive and remove the Security and use the same to discharge any liability of Digigold to the Customers. You however expressly understand and acknowledge that any enforcement of the Security would always be subject to and undertaken in accordance with the provisions of Applicable Law and therefore:
(i) it is not possible to accurately predict the time required to make any such distribution; and/or
(ii) the amount received by You from such distribution may not be sufficient to completely extinguish Digigold’s liability to You;
and consequently, no liability shall accrue to the Security Trustee in relation to the above.

8. CONSEQUENCES OF TERMINATION OF SERVICES BY DIGIGOLD

8.1. Upon such termination for any reason whatsoever, subject to these Terms read with the Security Trustee Agreements:

8.1.1. Fractional amounts for gold holdings of less than 1 (One) gram may be sold and funds in pursuance thereto will be sent directly to Your TMW wallet account, after deducting all the requisite charges relating to appointment of Intermediaries (including but not limited to charges due and payable to Intermediaries and any other out of pocket expenses, custody charges, minting and delivery charges) (“Charges”).

8.1.2. For larger gold holdings, the Security Trustee shall (to the extent You have not already paid for all the Charges) be allowed to sell part of Your gold to pay for all the Charges to all the Intermediaries. The remaining portion of the gold shall be delivered to You in accordance with these Terms, along with the details of the deductions made and the quantum of gold that You are entitled to receive.

8.2. You acknowledge that the termination of Your access to the Services may be affected without any prior notice, and the Customer Account may be immediately deactivated or deleted and all related information and/or bar any further access to the Customer Account the Platform or the Services. Further, You agree that the Distribution Partner and/or Digigold shall not be liable for any discontinuation or termination of Services by any third party.

8.3. None of Your content shall remain accessible on the Platform upon termination. This information cannot be recovered by You, once the account is terminated.

8.4. The disclaimer of warranties, the limitation of liability, and the governing law provisions shall survive any termination of these Terms.

9. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms shall be governed by and interpreted and construed in accordance with the laws of India. The courts of Mumbai shall have exclusive jurisdiction over any disputes arising under these Terms. In the event of any dispute arising out of these Terms the same shall be settled by a binding arbitration conducted by a sole arbitrator, appointed jointly by both parties and governed by the Arbitration and Conciliation Act, 1996. The venue of arbitration shall be Mumbai, Maharashtra, India.

PART – II

10. CREATION OF CUSTOMER ACCOUNT AND REGISTRATION OBLIGATIONS

10.1. Before availing themselves of the Services, the Customer shall complete registration process as may be prescribed from time to time. The Customer shall follow the instructions given in the Platform for opening a Customer Account. The Distribution Partner and/or Digigold shall be entitled to collect and store relevant information and documents provided by the Customer to the Platform for KYC purposes. As and when required by Digigold and/or the Distribution Partner, the Customer will be required to provide additional documents for fulfilling the KYC requirements. You authorize Digigold and the Distribution Partner to make such enquiries as may be necessary to satisfy about the validity of your identity. You shall be responsible for the correctness of information provided to Digigold and the Distribution Partner from time to time. If You have reasons to believe that there is an error in the information furnished by You, You shall immediately provide correct / updated information.

10.2. The Distribution Partner and/or Digigold through the Distribution Partner, reserves the right to terminate any Services through this Customer Account, with or without notice to You, in the event the KYC documents / information are found to be incorrect or authenticity of the documents / information is found to be doubtful. You hereby undertake to indemnify and keep indemnified the Distribution Partner and/or Digigold against any and all losses, claims, liabilities costs etc. which arise out of or relating to Your failure to identify Yourself and validate Your account promptly and / or due to incorrect KYC documents / information.

10.3. Know Your Customer (KYC) and Verification

10.3.1. Prior to placing an order, You may be required to provide certain KYC documentation and other information as may be required by the Distribution Partner and/or Digigold in such form and manner as it may deem fit.

10.3.2. Once such documentation and other information is provided by You to the Distribution Partner, You shall be entitled to place an order on the Platform (“Customer Order”).

10.3.3. You agree that Your continued use of the Platform, consequent upon the creation of the Customer Account, is subject to verification by Digigold and/ or the Distribution Partner, of the information and documentation provided by You. You hereby grant Digigold and/ or the Distribution Partner permission to conduct such verification, in such form and manner as it may deem fit.

10.3.4. You further acknowledge that Digigold and/ or the Distribution Partner reserves the right for such verification either on registration of the Customer Account or at any time thereafter.

10.4. Customer’s Obligations

10.4.1. You will be responsible for maintaining the confidentiality of the Customer Account Information, and shall be fully responsible for all activities that occur under the Customer Account. You agree to immediately notify the Distribution Partner of any unauthorised use of the Customer Account Information or any other breach of security. Digigold or the Distribution Partner cannot and will not be liable for any loss or damage arising from Your failure to comply with this section. You may be held liable for losses incurred by Digigold or the Distribution Partner or any user or visitor of the Platform due to authorised or unauthorised use of the Customer Account, as a result of your failure in keeping the Customer Account Information confidential.

10.4.2. You shall ensure that the Customer Account Information provided by You in the registration form is complete, accurate and up-to-date. Use of another Customer’s account information for availing of any of the Services and/or for use of the Platform is expressly prohibited.

10.4.3. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete, (or becomes untrue, inaccurate, not current or incomplete) or if the Distribution Partner and Digigold has reasonable grounds to suspect that such information is untrue, inaccurate, not current, incomplete, or not in accordance with these Terms, the Distribution Partner and Digigold through the Distribution Partner shall have the right to indefinitely suspend or terminate or block access to the Customer Account on the Platform and refuse to provide You with access to the Platform.

11. PURCHASE OF GOLD

11.1. You can offer to buy Gold worth Rs.1.00 (Rupee One Only) and above incremental value thereof at the market linked prices of gold shown on the Platform. Market linked prices means that these quotes are linked to the prices of gold in the commercial bullion market in India.

11.2. It is hereby clarified that such market linked prices of gold shall constitute fully binding offers and would be an invitation to offer to purchase gold at the said market prices to all Customers. Notwithstanding the foregoing, You understand that these prices may vary multiple times within a day, and accordingly Your payment obligations for any order will depend on the market linked prices then prevailing. While reasonable efforts will be made to offer You a competitive price for the Customer Gold, there is no guarantee that the price offered to You will be close to or comparable with other prices available in the market.

11.2. It is hereby clarified that such market linked prices of gold shall constitute fully binding offers and would be an invitation to offer to purchase gold at the said market prices to all Customers. Notwithstanding the foregoing, You understand that these prices may vary multiple times within a day, and accordingly Your payment obligations for any order will depend on the market linked prices then prevailing. While reasonable efforts will be made to offer You a competitive price for the Customer Gold, there is no guarantee that the price offered to You will be close to or comparable with other prices available in the market.

11.3. Payment will be accepted through the payment options made available on the Platform. At the time of purchase / fulfilment / sale-back / transfer of Gold, the relevant taxes will be chargeable as applicable as per the Government regulations. It is hereby clarified that once a Customer Order is placed, You are not entitled to cancel a Customer Order, provided however that a Customer Order shall stand cancelled if the payment fails for any reason whatsoever.

11.4. The Distribution Partner and/or Digigold reserves the right to cancel a Customer Order, at its sole discretion, if Your information, provided prior to placing the Customer Order, is not found acceptable and the Distribution Partner and/or Digigold are of the opinion that You are not eligible to purchase gold. The Customer Account shall accordingly stand amended. The Distribution Partner as well as Digigold shall have the right to freeze the Customer Account until it receives KYC and other documentation in a form and manner satisfactory to the Distribution Partner and Digigold.

11.5. Once the payments are received by Digigold and the KYC information is found acceptable, Digigold shall issue an invoice to You confirming the Customer Order placed within a period of 3 (Three) business days of placing such order, in a manner it may deem fit.

11.6. Notwithstanding anything to the contrary contained in these Terms, the Distribution Partner and/or Digigold shall be entitled to accept or reject a Customer, for any reason whatsoever, at its sole discretion.

11.7. In case of rejection of a Customer Order in accordance with these Terms, where payments have been received by Digigold, such payments shall be returned to You to the bank account linked to your account, subject to the terms and conditions indicated in the Section titled ‘Pricing & Fee’.

12. DELIVERY OF GOLD

12.1. This Platform offers Services for Customers who wish to procure delivery of the Customer Gold in accordance with these Terms.

12.2. You shall be entitled to procure delivery of the Customer Gold using the Platform (“Delivery Request”).

12.3. Upon placing the Delivery Request, You shall be required to pay for the applicable charges and confirm the Delivery Request. Your Customer Account shall be provisionally debited corresponding to the quantity of the Customer Gold sought to be delivered (“Delivered Customer Gold”).

12.4. Within a period of 7 (Seven) business days of the Delivery Request being confirmed or such further period as may be required by Digigold, Digigold shall arrange for delivery of the Delivered Customer Gold at the shipping address indicated by You. You shall be solely responsible for ensuring that the correct address is furnished by You on the Platform for processing such Delivery Request. You shall not be entitled to change the shipping address after the Delivery Request is processed by Digigold.

12.5. You should carefully examine the package delivered and should not accept deliveries where the packaging has been tampered with. If, however, You are of the view that the package delivered has been tampered with, You shall be required to intimate Digigold immediately of the same, and provide such other information as may be required by Digigold in this regard (“Return Request”). Within a period of 14 (Fourteen) business days of the original package of Delivered Customer Gold being delivered back to Digigold, in a manner indicated by Digigold, and the Return Request being approved by Digigold, Digigold shall arrange for re-delivery of the Delivered Customer Gold at the shipping address indicated by You. The costs for such shipping shall be borne by Digigold. However, in the event of frivolous and unjustified Return Requests made by You, the Distribution Partner and/or Digigold reserve the right to take all action available to it, including black-listing or blocking You from using the Services on the Platform.

12.6. You, upon signing the delivery receipt, acknowledge the receipt of the Delivered Customer Gold in terms of the Delivery Request placed with Digigold. Digigold shall not be liable to You for any refund/replacement, under any circumstance, for any subsequent complaints with respect to such deliveries and/or any failure on your part (as the case may be) to comply with these Terms.

12.7. Upon receipt of the Delivery Request by Digigold, the Customer Account shall be debited for the Delivered Customer Gold from the Customer Account.

12.8. It shall be Your responsibility to ensure that You are available to receive the Delivered Customer Gold at the time of delivery. If You are not available at the time of delivery, Digigold courier agent may try and deliver the item again before returning the same to Digigold. In case of return of the Delivered Customer Gold to Digigold, Customer Account shall be credited for the Delivered Customer Gold, after deducting the charges (if any) due from You, provided however that Digigold is of the opinion that the packaging has not been tampered with. It is hereby clarified that should a request for re-delivery be made by You, You shall be solely liable to incur the applicable charges for delivering the Delivered Customer Gold.

12.9. In case of Digigold’s inability to make deliveries of Delivered Customer Gold due to a Force Majeure Event, Digigold shall intimate You of the same and may require that the deliveries be effectuated through specific modes. In such a case, You hereby agree to bear any additional costs and fees necessary for the delivery to be complete.

12.10. Digigold will not be able to deliver a fractional quantity of gold below such threshold as Digigold shall notify for this purpose even if a Customer Request is made for such fractional quantity (“Threshold Quantity”). You are advised to check the Platform periodically to determine the Threshold Quantity as the same may be revised from time to time. In the event that any Gold below the Threshold Quantity is to be delivered to you, then please note that such Customer Gold shall instead be sold by Digigold based on the sale prices displayed on the Platform and You will instead receive the applicable sale proceeds in Your bank account, details of which are provided by You. If there is any mistake in the account number provided by You, the Distribution Partner and/or Digigold would not be held responsible for the same.

12.11. Notwithstanding anything to the contrary contained in these Terms, Digigold shall be entitled to reject a Customer Request which is not in compliance with the Terms hereof, and shall intimate the Customer of the reasons for the same.

12.12. Based on the changes made to the Customer Account (in lieu of the Customer Orders and/or Customer Requests), if You are of the opinion that the changes made thereto do not tally with the orders and/or Customer Requests placed by You, You may contact the Distribution Partner at 3rd Floor, Tower 3, Equinox Business Park, Off. BKC, Kurla West, Mumbai-400 070. (or such other address as may be communicated by the Distribution Partner in this regard), who shall accordingly take all necessary actions for taking care of any such identified discrepancies.

12.13. It is hereby clarified that Customer account is non-transferrable, unless specifically allowed by Digigold. In the event of Your death, if specifically allowed by Digigold, the title to such Customer Gold lying in the vault and the Customer Account shall transfer to Your legal heirs only after the required due diligence has been conducted. Subsequent to this, Your legal heir(s) shall be regarded as the Customer for the purpose of the Customer Gold and Customer Account thereafter and the Terms shall be applicable to Your legal heir(s).

12.14. It is hereby clarified that the Platform displays the articles that are available for shopping. Some items may appear slightly larger or smaller than actual size due to screen defaults and photography techniques. The Distribution Partner and Digigold shall not be liable for any legal action on this account. It shall be the endeavour of the Distribution Partner to ensure that all details regarding the product are clearly displayed on the Platform.

12.15. Due to reasons not directly attributable to Digigold or the Distribution Partner, data may be inaccurately displayed on the Platform due to some system errors on the Platform or any device used to access the Platform. The Distribution Partner reserves the right to correct any and all errors when they do occur, at its sole discretion, and the Distribution Partner or Digigold shall be entitled to not honour any requests/orders placed by You based on any inaccurate or erroneous prices.

12.16. The prices quoted on the Platform are fixed and not negotiable. The prices on the Platform are also subject to change without notice to You.

13. SELL THE CUSTOMER GOLD

13.1. You may be provided an option to sell the Customer Gold during market hours based on the sale prices on the Platform. If the prices are found acceptable to You, You shall confirm the sale request, in a form and manner acceptable to Digigold (“Sale Request”). Your Customer Account shall be debited corresponding to the quantity of the Customer Gold sought to be sold vide the Sale Request (“Sold Customer Gold”) You shall be allowed to sell gold subject to the maximum limit and balance available in your TMW wallet account.

13.2. Within a period of 2 (Two) business days of the Sale Request being confirmed or such further period as may be required, the payment, pursuant to the Sale Request, shall be disbursed by Digigold at the sale prices indicated at the time of placing such Sale Request. Digigold shall arrange for such payments to be made to the Distribution Parner, who shall transfer the same to Your TMW account. Digigold shall not be responsible for the further disbursal of funds from the Distribution Partner to Your TMW wallet/ bank account. If there is any mistake in the account number, IFSC code etc. provided by You, Digigold/Distribution Partner would not be held responsible for the same.

13.3. It is hereby clarified that Digigold and/or the Distribution Partner will provide this service on a best efforts basis and only when the commercial bullion market is in operation. Digigold and the Distribution Partner do not in any way guarantee that this option will be available to You at all times. Further, the buyer of the Sold Customer Gold may be either Digigold or another party (being interested in buying the Sold Customer Gold). The Distribution Partner and/or Digigold shall not be held liable for any actions of such third-party purchaser.

13.4. You will be provided with free storage for your Customer Gold for such period as more particularly stipulated by Digigold in this regard from time to time and has been further enunciated in paragraph 5 above (“Free Storage Period”). After the expiry of the Free Storage Period, Digigold shall be entitled to levy storage charges for such Customer Gold at such rate as would be communicated to you prior to the expiry of the Free Storage Period. The charges would be levied by deducting the gold balance at the end of each month by a percentage amount at the specified rate. You are advised to periodically check the Pricing and Fees section of the Platform to understand these storage charges. In the event, Digigold is not able to deduct the storage charges because Your gold balance is too low, then Digigold shall be entitled to sell such portion of Your Customer Gold stored with the Vault Keeper that is necessary or required to recover the unpaid storage charges in question.

13.5. While reasonable efforts will be made to offer You a competitive price for the Customer Gold, there is no guarantee that the price offered to You will be close to or comparable with other prices available in the market.

14. USE OF THE PLATFORM AND SERVICES

14.1. You acknowledge that the Services are for Your personal use and agree not to publish the gold prices or descriptions of gold and/or any other information displayed on the Platform (in lieu of Your access to the Platform) on any other medium. You shall not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services.

14.2. Subject to these Terms and the Privacy Policy, You hereby grant to Digigold and the Distribution Partner a non-exclusive, worldwide, royalty-free right to (a) collect, store and transmit Your data, in each case solely to the extent necessary to provide the Services to You, and (b) share Your data or interact with other people, to distribute and publicly perform and display Your data as You direct or enable through the Services. You will provide Your consent to the Distribution Partner as may be required under applicable law for the use and/or sharing of any data generated by You when purchasing Gold or otherwise using the Platform for any services related to the purchasing of the Gold in such manner as the Distribution Partner may stipulate in this regard. The Distribution Partner may share Your data with Digigold, who, in turn, may share Your data with the Security Trustee as required to fulfil their obligations as a Security Trustee. Your data will continue to be governed by confidentiality obligations outlined in Section 21. It is hereby clarified that Digigold would be the owner of any data generated by You when purchasing the Gold on the Platform.

14.3. You represent and warrant that: (i) You have obtained all necessary rights, releases and permissions to provide all Your data to the Distribution Partner and Digigold and to grant the rights granted to the Distribution Partner and Digigold in these Terms and (ii) Your data and its transfer to and use by the Distribution Partner and Digigold as authorized by You under these Terms do not violate any laws or rights of any third party, including without limitation any intellectual property rights, rights of privacy, or rights of publicity, and any use, collection and disclosure authorized herein is not inconsistent with the terms of any applicable privacy policies. Other than its security obligations under these Terms and the Privacy Policy, the Distribution Partner and/or Digigold assume no responsibility or liability for Your data, and You shall be solely responsible for Your data and the consequences of using, disclosing, storing, or transmitting it.

14.4. The Distribution Partner and/or Digigold shall not be held liable for any loss of data, technical or otherwise, information, or for particulars supplied by You, due to the reasons beyond its control like corruption of data or delay or failure to perform as a result of a Force Majeure Event.

14.5. Digigold shall have the sole discretion to determine the locations and pin codes it may want to serve.

14.6. The provision of Services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. The Distribution Partner and Digigold strives to keep the Services up and running; however, all online services suffer occasional disruptions and outages. The Distribution Partner and Digigold are not liable for any disruption or loss You may suffer as a result.

14.7. Digigold may discontinue some or all of the Services, including certain features and the support for certain devices and platforms, at any time.

15. SUSPENSION / CLOSURE OF CUSTOMER ACCOUNT

15.1. Digigold may, at its discretion, suspend Customer Account of Customers, if there appears to be a fraudulent or suspicious activity in the account. If the Distribution Partner and/or Digigold are of the opinion that You are involved in any unlawful activity or the Customer Account is used for any unlawful purpose, the Distribution Partner and/or Digigold shall have the right to take all actions available to it, including black-listing or blocking You from using the Services on its Platform or blocking Your access to the Services through the Platform or intimating the relevant authorities of such unlawful activities.

15.2. Your Customer Account may be closed in the event that the arrangement between Digigold and the Distribution Partner is terminated or otherwise the Distribution Partner decides to discontinue the relationship with Digigold. In such an event, the Your Gold balance may be accessible on www.safegold.com and Digigold may continue to provide the Services and the customer support or facilitate the delivery / sale of Your Gold balance.

15.3. Each of the Distribution Partner and Digigold shall not be held liable / responsible, in any manner whatsoever, for any loss / liability arising out of or relating to any technical failure / issue in Platform and / or acts / omission not attributable to it.

15.4. You shall inform immediately, in any case no later than 10 (ten) days of the transaction, of any irregularities or discrepancies that may exist in Your Customer Account, failing which it shall be deemed that there is no error or discrepancy in the account. All records maintained by the Distribution Partner and/or Digigold, in electronic or documentary form of the instructions of the Customer and such other details (including, but not limited to payments made or received) pursuant to the Terms, shall as against the Customer, be deemed to be conclusive evidence of such instructions.

16. FEES

16.1. You hereby agree that You shall be liable for all fees and charges associated with the use of the Platform and Services. Please note that the fees and charges may be revised from time to time and it would be Your responsibility to view the Platform to check the then current fees and charges payable.

16.2. It is hereby clarified that fees and charges, once paid, are non-refundable.

16.3. All payments made for the use of the Platform and/or purchase of Customer Gold by You shall be compulsorily in Indian Rupees.

16.4. While availing yourself of any of the payment method/s available on the Platform for availing the Services, Digigold shall not be responsible for or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
16.4.1. Lack of authorization for any transaction(s), or
16.4.2. Exceeding the preset limit mutually agreed by You and between bank/s and/or other institutions used by you in making payment, or
16.4.3. Any payment issues arising out of the transaction, or
16.4.4. Rejection of transaction for any other reason(s) whatsoever.

16.5. Digigold may temporarily/permanently suspend/terminate the Customer Account or refuse access in case of non-payment of fees due by You. Without limitation to the other rights and remedies available to Digigold, it also reserves the right to take legal action for the same.

17. MEMBER ELIGIBILITY

Use of the Platform and/or the Services is available only to Persons who can enter into legally binding contracts under the Indian Contract Act, 1872 and to Persons resident in India. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents and persons of unsound mind are not eligible to use the Platform or the Services. Any person under the age of 18 shall not register on the Platform and shall not transact on or use the Platform in relation to or for any Services. Digigold reserves the right to terminate any Person’s membership and/or refuse to provide such Person with access to the Platform and/or any Services if it is brought to Digigold’s notice or if it is discovered that such Person is not eligible to use the Platform and/or any Service.

18. ABSENCE OF RELATIONSHIP

18.1. You represent and warrant to the Distribution Partner and Digigold that you have sufficient experience and knowledge to make informed decisions to purchase / sell Gold. You acknowledge that you have not relied on any information made available either by the Distribution Partner or Digigold and that the Distribution Partner or Digigold is not making any recommendation with respect to such purchases / sale-back of Gold. No relationship other than seller-purchaser, including, without limitation, any agent-principal relationship, any advisor-advisee relationship, any employee-employer relationship, any franchisee-franchisor relationship, any joint venture relationship or any partnership relationship, exists between you and the Distribution Partner and/or Digigold.

18.2. You acknowledge that Digigold and the Distribution Partner are not providing / dealing in / offering any investment product and does not offer any guarantee / assured returns. You further acknowledge that value of Gold may vary depending on various factors and forces.

19. ELECTRONIC ORDER RISKS

Commercial internet service providers are not 100% reliable and a failure by one or more of these providers may affect internet-based order entry. You acknowledge that the order entry system is an electronic mechanical system and as such may be subject to failure beyond the control of the Distribution Partner or Digigold. Therefore, the Distribution Partner or Digigold shall not be responsible for errors, negligence, inability to execute orders, delays in transmission, delivery or execution of order due to breakdown or failure of transmission or communication facilities (including in any device used to connect to the Platform), or to any other cause beyond Distribution Partner’s or Digigold’s control or anticipation.

20. FEEDBACK

20.1. The Platform may allow You to post Your review and experience of using the Platform ("Reviews") in order to improve the Platform and the user experience.

20.2. You, being the originator of the Reviews, are responsible for the Reviews that You upload, post, publish, transmit or otherwise makes available on the Platform. You represent that all such Reviews will be in accordance with applicable law. You acknowledge that the Distribution Partner and/or Digigold does not endorse any Reviews on the Platform and is not responsible or liable for any Reviews. The Distribution Partner reserves the right to disable access to the Reviews on the Platform.

20.3. You hereby grant the Distribution Partner a perpetual, non-revocable, worldwide, royalty-free and sub-licensable right and license to use, copy, distribute, display, publish, transmit, make available, reproduce, modify, adapt the Reviews in any manner as deemed appropriate by the Distribution Partner in any form including but not limited to print, broadcast, online and across any and all websites and platforms owned by the Distribution Partner.

20.4. You further represent and warrant that while posting any Reviews on the Platform You shall not use any offensive, libellous, derogatory, hateful or racially or ethnically objectionable language. Further, You shall not post any content on any part of the Platform that is obscene, pornographic, constitutes an “indecent representation of women” as provided in the Indecent Representation of Women (Prohibition) Act, 1986.

21. CONFIDENTIALITY

As elaborated under the Privacy Policy, the Distribution Partner and Digigold will keep all confidential information confidential, including Your personal information, and shall not disclose it to anyone except as required by law, and shall ensure that such confidential information is protected with security measures and a degree of care that it would apply to its own confidential information. The Distribution Partner and Digigold acknowledges that its employees, directors, agents and contractors shall use the confidential information only for the intended purpose for which it is provided. The Distribution Partner and Digigold shall use all reasonable endeavours to ensure that its employees, directors, agents and contractors acknowledge and comply with the provisions of these Terms of confidentiality as if such person was subject to these Terms of confidentiality.

22. CONTENT AND INTELLECTUAL PROPERTY RIGHTS

22.1. Digigold solely and exclusively owns respective copyrights, trademarks, service marks, logos, trade names, and other intellectual and proprietary rights associated with the Services provided by Digigold and displayed on/accessed on the Platform and is protected under Indian law.

22.2. You hereby acknowledge that the Services constitute original works and have been developed, compiled, prepared, revised, selected, and arranged by Digigold respectively through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of Digigold and such others. You thereby agree to protect the proprietary rights of Digigold during and after the term of these Terms. You may not selectively download portions of the Platform without retaining the copyright notices. You may download material from the Platform only for the purpose intended by these Terms.

22.3. Any infringement shall lead to appropriate legal proceedings against You at appropriate forum for seeking all available remedies under applicable laws of the country.

23. LINKS TO/FROM THIRD-PARTIES' WEBSITES/APPLICATIONS

The Platform may contain links and interactive functionality interacting with the websites of third parties. The Distribution Partner or Digigold is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such website. Before enabling any sharing functions to communicate with any such website or otherwise visiting any such website, Digigold strongly recommends that You review and understand the terms and conditions, privacy policies, settings, and information-sharing functions of each such third-party website.

24. INDEMNIFICATION

You hereby agree to indemnify and keep the Distribution Partner and Digigold indemnified from and against all actions, claims, demands, proceedings, losses, damages, costs, charges and expenses, directly or indirectly, whatsoever (“Losses”) which the Distribution Partner and/or Digigold and/or its employees, agents, workers or representative may at any time incur, sustain, suffer or be put to as a consequence of or by reason of or arising out of: (i) the usage of the Platform and/or any device used by the Customer to access the Platform; (ii) by reason of the Distribution Partner and/or Digigold acting in good faith and taking or refusing to take or omitting to take action on the Customer's instructions, and in particular arising directly or indirectly out of the negligence, mistake or misconduct of the Customer; (iii) breach or non-compliance of the Terms and relating to the Customer Account; and/or (iv) fraud or dishonesty relating to any transaction by the Customer.

25. DISCLAIMER OF WARRANTIES

25.1. ALL INFORMATION, CONTENT, MATERIALS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PLATFORM (COLLECTIVELY, THE "CONTENTS") ARE PROVIDED BY DIGIGOLD AND THE DISTRIBUTION PARTNER ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. DIGIGOLD AND/OR THE DISTRIBUTION PARTNER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PLATFORM, THE ACCURACY OR COMPLETENESS OF THE CONTENTS AND THE ACCURACY OF THE INFORMATION. DIGIGOLD AND/OR THE DISTRIBUTION PARTNER SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, DOCUMENT OR INFORMATION OR ANY OTHER LOSSES INCURRED BY YOU FOR USE OF THE PLATFORM. YOU EXPRESSLY AGREE THAT THE USE OF THE PLATFORM IS AT YOUR SOLE RISK. DIGIGOLD AND/OR THE DISTRIBUTION PARTNER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE PLATFORM OR THE SERVICES OR THE CONTENTS INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULL EXTENT PERMITTED BY LAW, DIGIGOLD AND/OR THE DISTRIBUTION PARTNER DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE PLATFORM (OR ANY PART THEREOF) AND ITS CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.

26. LIMITATION OF LIABILITY

You hereby acknowledge that Digigold and/or the Distribution Partner (including but not limited to its, directors, employees, agents or partners) shall not be held liable to You for any special, consequential, incidental, and exemplary or punitive damages, or loss of profit or revenues. Digigold and/or the Distribution Partner shall also not be liable under any circumstances for damages arising out or related in any way to Your inability to access, or Your difficulty in accessing the Platform to avail of any Services, any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Platform by any third party, any loss of Your data, any claim relating to Your data or content from the Services and/or Your failure to keep the Customer Account Information secure and confidential. You further agree that Digigold shall not be held responsible in any manner whatsoever for any and all acts or omissions of the Distribution Partner, any Intermediaries or any other third party whosoever including (but not limited to) any person whose device has been used by You to access the Platform and/or any person appointed/nominated by the Distribution Partner for the purposes of accepting/collecting any payments from You for the purchase of Gold. Likewise, the Distribution Partner shall not be held responsible in any manner whatsoever for any and all acts of Digigold or other Intermediaries.

27. GRIEVANCE REDRESSAL MECHANISM

27.1. In accordance with the Information Technology Act, 2000 and Rules made thereunder:

27.1.1. the contact details of Grievance Officer for the purposes of the Distribution Partner are:
Name: Raunaq Singh Mehra
E-mail ID: raunaq.mehra@tmwpay.com
Address: Tower 3, Level 3, Equinox Business Park, Lal Bahadur Shastri Road, Kurla West, Mumbai, Maharashtra 400070

27.1.2. the contact details of Grievance Officer for the purposes of Digigold are:
Name: Rukhsar Khan
E-mail ID: care@safegold.in
Address: 1902B Peninsula Business Park, G.K. Marg, Lower Parel, Mumbai 400013

28. AMENDMENTS, ACCEPTANCE OF TERMS

28.1. Digigold reserves the right, to change, modify, add or remove portions of these Terms at any time. Such changes shall be posted on the Platform and shall be notified to the Customer prior to making such changes. Notwithstanding anything to the contrary, Customer shall be responsible for regularly reviewing the Terms, including amendments thereto as may be posted on the Platform and shall be deemed to have accepted the amended Terms by continuing the use of Platform.

28.2. Accessing, browsing or otherwise using the Platform indicates Your agreement to all the terms and conditions under these Terms. You are advised to read these Terms carefully before proceeding. By impliedly or expressly accepting these Terms, You also accept and agree to be bound by all policies, including but not limited to the privacy policy of the Distribution Partner and Digigold (“Privacy Policy”), as amended from time to time. You can view and read the Privacy Policy of the Distribution Partner at the Platform and the Privacy Policy of Digigold at www.safegold.com.

28.3. You may not use the Platform or avail of the Services if You do not accept the Terms or are unable to be bound by the Terms. As a condition of Your access to and use of the Platform or the provision of any Services to You using the Platform, You agree that You will comply with all applicable laws and regulations when using the Platform. If Digigold is of the opinion that the Customer Account is being used by You for any unlawful purpose, Digigold shall have the right to take all actions available to it, including black-listing or blocking You from using the Services through the Platform or intimating the relevant authorities of such unlawful activities.

This Pre-paid Payment Instrument ("PPI") is issued to you by The Federal Bank Limited, a company incorporated under the Indian Companies Act, 2013, having its registered office at Federal Towers, Aluva 683101 Kerala ("Federal Bank/Bank").

These 'Terms and Conditions' (defined below) and any attachments or accompanying supplement(s) shall also include the terms and conditions stated on the Service Provider’s website viz. www.tmwpay.com and Federal Bank's website www.federalbank.co.in, governing usage of the PPI held by you ("You/User/Customer"). You hereby agree to abide by these Terms and Conditions and You shall be deemed to have unconditionally agreed to and accepted these terms by performing a transaction with the PPI and shall have complied with all the relevant notifications/ guidelines / circulars issued by the Reserve Bank of India (RBI)/ any other competent authority / statutory or regulatory body/ies governing the issue and use of the PPI. The Bank disclaims all liability on account of any breach by You of the relevant notifications/ guidelines / circulars in force at the relevant time and as may be modified from time to time, governing usage of the PPIs. If these Terms and Conditions are not acceptable, You must not use the PPI.

THESE TERMS AND CONDITIONS ARE AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS / RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THE SAME DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE. IT IS DISCLOSED IN COMPLIANCE WITH SECTION 21 OF PAYMENT AND SETTLEMENT SYSTEMS ACT, 2007 AND AS REQUIRED TO BE DISCLOSED UNDER POLICY GUIDELINES ON ISSUANCE AND OPERATION OF PRE-PAID PAYMENT INSTRUMENTS IN INDIA.

THESE TERMS AND CONDITIONS WILL BE EFFECTIVE UPON YOUR ACCEPTANCE OF THE SAME (IN ELECTRONIC FORM OR BY MEANS OF AN ELECTRONIC RECORD OR OTHER MEANS) AND WILL GOVERN THE RELATIONSHIP BETWEEN YOU AND THE BANK FOR THE USE OF THE PPI AND YOU UNCONDITIONALLY AGREE TO ABIDE BY THE SAME. IF ANY OF THESE TERMS AND CONDITIONS CONFLICT WITH ANY OTHER DOCUMENT/ELECTRONIC RECORD IN THIS BEHALF, THESE TERMS AND CONDITIONS SHALL PREVAIL, UNTIL FURTHER CHANGES/ MODIFICATIONS ARE NOTIFIED BY THE BANK.

1. DEFINITIONS:

i. "Applicable Law(s)" shall mean all applicable central, state and local laws, statute, regulations, orders or directives as may be amended and in effect or re-enacted from time to time, order or other legislative action of any government authority to the extent having the force of law, including but not limited to Payment and Settlement Systems Act, 2007, Payment and Settlement Systems Regulations, 2008, Policy Guidelines on Issuance and operation of Pre-paid Payment Instruments in India, guidelines on issuance of debit cards and co-branded pre-paid cards by the banks and any other guidelines in relation to prepaid payment instruments issued from time to time by Reserve Bank of India and in each case, any implementing regulation or interpretation issued there under including any successor Applicable Law.

ii. “ATM” shall mean any Automated Teller Machine in India, whether of the Bank or of a specified Network Association, at which, amongst others, the User can use his PPI (in case the same is a card) with permitted access.

iii."Merchant(s)" shall mean seller(s), retailers or e-commerce marketplace, including but not limited to brick and mortar or electronic merchants or such other business entities who accept the PPI as payment options for collecting payments from the Customer.

iv. “Merchant Establishment” means commercial establishments of any nature, wherever located, which honour the PPI for transactions done with them.

v. “PPI Services” shall mean the services relating to the offering of the PPI to the Users under the relevant guidelines of RBI.

vi.“Personal Identification Number (PIN)” shall mean a set of confidential number/s given to the User by the Bank/Service Provider, while issuing the PPI (in case the same is a card) or later selected by the User from time to time, which is used to identify the User at an ATM or a terminal for putting through Transactions using the PPI (in case the same is a card) or which may be used as a second factor authentication in case the PPI is a wallet.

vii. “PoS” shall mean a point of sale electronic terminal at Merchant Establishments in India capable of processing transactions and at which, amongst others, the Customer can use his PPI (where the same is a card) to access his funds using his PPI/ to make purchases.

viii. “PPI” shall mean the semi-closed or open loop prepaid payment instrument/s issued by Federal Bank under the authorisation received from Reserve Bank of India and marketed, distributed and managed by the Service Provider.

ix. "RBI" shall mean Reserve Bank of India.

x.“Network Association” shall mean MasterCard/ Visa / RuPay Card networks, or any other networks like NFS or any other bank's private network called by any name.

xi.“Terms and Conditions” shall mean these terms and conditions.

xii. “Transaction” shall mean an online or an offline purchase of goods and services from Merchants or payments for purchase of goods and services or for any other specified purpose to a Merchant or to any other customer, or transfer of funds to any bank account, by the use of PPI or through any other modes as determined by the Bank from time to time and shall also include load/reload of the PPI.

2.INTERPRETATION:

i. All references to singular include plural and vice versa and the word "includes" should be construed as "without limitation".

ii. Words importing any gender include the other gender.

iii. Reference to any statute, ordinance or other law includes all regulations and other instruments and all consolidations, amendments, re-enactments or replacements for the time being in force.

iv. All headings, bold typing and italics (if any) have been inserted for convenience of reference only and do not define limit or affect the meaning or interpretation of these terms.

v. These Terms and Conditions shall be independent of the terms and conditions of Service Provider's site(s). In the event of any discrepancy/contradiction between these Terms and Conditions and the Service Provider’s terms and conditions, these Terms and Conditions shall prevail to the extent of such contradiction/discrepancy.

vi. Use of the PPI/ PPI Services for the purposes of these Terms and Conditions shall mean and include all purchase, access, possess, transact, transfer and share activities of and associated with the PPI.

3. ELIGIBITY AND REGISTRATION INCLUDING KYC PROCEDURE:

i. The PPI is being issued by Federal Bank along with The MobileWallet Pvt. Ltd who shall act as a partner of the Bank and shall be responsible for the issuance and distribution of the PPI.

ii. The PPI Services are available only to resident Indians who have attained the age of 18 years and are competent to contract. By accepting these Terms and Conditions or by otherwise using the PPI Services or the Service Provider’s site, You represent that You are an Indian resident and at least 18 years of age and have not been previously suspended/debarred from the use of such similar PPI Services. You represent and warrant that You have the right, authority and capacity to enter into these Terms and Conditions and to abide by all of the terms and conditions contained herein. You shall not impersonate any person or entity, or falsely state or otherwise misrepresent identity, age or affiliation with any person or entity.

iii. No individual or entity shall misrepresent its identity, age, other demographic, parental, residence, ownership, nature of business information or other such information required to enforce any laws and regulations of India, intentionally or accidentally, and wrongfully use PPIs. You shall be liable for all misrepresentations and/or wrongful usage of service in violation of these Terms and Conditions and/or the Applicable Laws and guidelines issued by the competent authorities of India.

iv. The Service Provider as well the Bank reserve the right to deny, suspend and terminate PPI Services to You, with or without prior notice in any form, if it suspects, has reason to believe or upon request or instruction from a competent authority has been informed, that You have violated any of the terms, rules, laws, regulations and guidelines.

v. In order to register, create and use a PPI, Federal Bank/Service Provider may require that You submit certain personal information, including but not limited to your name, address, mobile phone number, e-mail address, date of birth, preferred language of communication, etc. to Federal Bank and the Service Provider. You agree that the personal information you provide to Federal Bank/Service Provider upon registration and at all other times will be true, accurate, correct and complete. You agree to maintain and update this personal information to keep the personal information true, accurate and complete.

vi. You hereby authorize Federal Bank and the Service Provider, directly or through third parties, to make any inquiries that Federal Bank/Service Provider may consider necessary to validate your identity and/or authenticate your identity. This may include asking You for further information and/or documentation about your account usage or identity, or requiring You to confirm identification by furnishing KYC (know your customer) documentation, ownership of your email address, telephone number or financial instruments, among others. This process is for internal verification purposes. You agree and acknowledge that the Service Provider shall assist the Bank with the KYC process. The collection, verification, audit and maintenance of correct and updated customer information is a continuous process and Federal Bank and the Service Provider reserve the right, at any time, to take steps necessary to ensure compliance with all relevant and applicable KYC requirements.

vii. Before the issuance of the PPI, the Bank shall undertake a KYC process with the help of the Service Provider for the purpose of issuing the PPI. The Bank and Service Provider shall follow the Know Your Customer (KYC)/Anti-Money Laundering (AML)/Combating Financing of Terrorism (CFT) procedures, as is applicable to banks under the RBI guidelines. The Service Provider shall provide copies of all KYC documents collected from the Customer to the Bank for its review. In view of the KYC/AML /CFT norms, the use of PPIs shall not be permitted for cross border transactions. In case of PPIs having a value below Rs. 10,000/- (Rupees Ten Thousand only), the KYC shall be minimal and the Service Provider shall not consult the Bank for its acceptance in case of such PPIs. In such PPIs, even the total value of reloads shall not exceed Rs. 10,000/- (Rupees Ten Thousand only) during any month and such PPIs can be issued only in the electronic form. However, PPIs for the value of Rs. 10,001/- (Rupees Ten Thousand and One only) may be issued by the Bank and the Service Provider by accepting any ‘officially valid document’ defined under Rule 2(d) of the Prevention of Money Laundering Rules, 2005 and the other Applicable Laws, as amended from time to time. Such PPIs can be issued only in the electronic form and shall be non reloadable in nature. For PPIs having a value upto Rs. 1,00,000/- (Rupees One Lakh only), full KYC shall be done by the Service Provider on behalf of the Bank and such PPIs shall be reloadable in nature. However, the balance in the PPI shall not exceed Rs. 1,00,000/- (Rupees One Lakh only) any point of time. The Service Provider on behalf of the Bank shall maintain a log of all the Transactions undertaken using these PPIs.

viii. Federal Bank reserves the right to discontinue the PPI/ PPI Services/ reject applications for PPI Services at any time if there are discrepancies in information and/or documentation provided by You or if the information/documentation provided by You is found to be incorrect or wrong. In addition, in such an event, Federal Bank reserves the right to forfeit the balance therein.

4.PURCHASE AND LOADING OF PPIs:

i. Eligible User may purchase PPIs in electronic, physical or digital forms after presenting an officially valid document and after completion of satisfactory KYC process.

ii. Federal Bank/ the Service Provider may ask for additional documents or information during purchase of a PPI. Any information provided during purchase of a PPI must be true and the User shall be liable for all accidental or intentional false representations.

iii. Once You have purchased any PPI, the same may be cancelled and the money loaded on the PPI may be refunded, as provided in these Terms and Conditions and as may be determined by the Bank in its sole discretion.

iv. All purchases are valid for a limited period as may be prescribed by the Bank.

v. You can use multiple funding sources for depositing/loading money in the PPI. These sources could include but not be limited to cash, credit cards, debit cards, net banking and transfer from another account.

vi. Such funds shall be loaded on the PPI after deduction of the applicable charges/ fees etc. payable by You to Federal Bank for availing the said PPI.

vii. In order to manage risk, Federal Bank may limit the funding sources available for your use to fund any particular Transaction. For example, Federal Bank may limit your funding sources for a particular Transaction to debit cards or your net banking account.

viii. The Service Provider and Federal Bank will monitor each deposit made into your PPI to monitor high-risk & fraudulent transactions. If your deposit is classified as a high-risk transaction or is suspected of fraud, Federal Bank will place a hold on the deposit and may ask You for more information on your personal data and your funding source.

ix. When You make a deposit into the PPI, You are liable to Federal Bank for the full amount of the deposit plus any fees, if the deposit is later invalidated for any reason. This means that, in addition to any other liability, You will be responsible for the amount of the deposit, plus applicable fees if You lose a claim or a chargeback, or if there is a reversal of the deposit. You agree to allow Federal Bank /the Service Provider to recover any amounts due to Federal Bank by debiting your PPI balance. If there are insufficient funds in your account to cover your liability, you agree to reimburse the Federal Bank/Service Provider through other means. If Federal Bank is unable to recover the funds from your primary funding source, Federal Bank may itself or through the Service Provider attempt to contact you and/or recover the funds from your alternate funding sources, or may take other legal actions to collect the amount due, to the extent allowed by Applicable Law. In addition, Federal Bank /the Service Provider may suspend or terminate your PPI.

x. Reloadable PPIs may be reloaded using debit cards, credit cards, bank transfer, cash/cheque deposit at bank or cash payment at any of the recognised agent outlets subject to the limits of that particular PPI.

xi. The PPI may be reloaded as many number of times within the limits prescribed by Reserve Bank of India (“RBI”) and Federal Bank in its discretion, can assign a lower limit and/or frequency of reload as deemed appropriate. However, the Customer shall ensure that the total value of reloads during any given month does not exceed Rs.5,00,000/- for KYC Customer.

xii. You are aware that after reload of a PPI by any type of payment instrument, it would take time to reflect the usable balance thereon and the time taken shall vary depending upon the nature of the payment instrument used for the reload.

xiii. If a User exercises the option of saving payment instruments or accounts like debit cards, credit cards, etc., in the PPI, such User authorises the Federal Bank/the Service Provider to debit those accounts to reload the PPI upon instructions. User may revoke this authorisation for an instrument by deleting reference to that instrument in his PPI. The User agrees and acknowledges that Federal Bank shall have no responsibility or liability in respect of such saved details and such details shall be stored, at the sole cost and responsibility of the User.

5.APPLICABLE LIMITS:

The PPI shall be subject to certain limits as regards balance to be maintained in the PPI, cash withdrawals to be made therefrom, maximum reloads of the PPI, maximum amount of transfers to be made therefrom, etc., which applicable limits shall be specified on the Service Provider’s website and shall be intimated to the User by the Service Provider. The User shall be liable to ensure compliance with all Applicable Limits as may be specified by the Service Provider in terms of the Applicable Laws.

6. PPI SERVICES:

i. The PPI is valid for use only in India in Indian Rupees.

ii. The amount that can be deposited in the PPI is governed by policies laid down by RBI. These involve monthly limits, transaction limits as well as balance limits on the PPI.

iii. These limitations stated herein above may be reviewed and modified at the discretion of Federal Bank without prior intimation to the Customer.

iv. The Customer shall be able to use the PPI only to the extent of the amount loaded onto the PPI.

v. The PPI shall be activated subject to the desired amount being loaded on the PPI.

vi. The facility of online purchase of goods and services from Merchant/s using the PPI, withdrawal of cash, balance transfer from one account to another, domestic remittance facility to transfer funds to source or bank account transactions shall be available on the PPI. Such functionalities can be added or modified at the sole discretion of the Federal Bank.

vii.Federal Bank may further as per its discretion, introduce appropriate controls over the usage of the PPI.

viii. The PPI may be used for purchase of goods and services in India only. Users may use PPIs for payments only after being satisfied with the purchased goods and services. Federal Bank shall not be liable for any unfulfilled purchases or any misrepresentations of the Merchant/s. User is deemed to have verified the quality, quantity or any other parameters of the purchased goods and services before making payment using the PPIs.

ix. Usage of the PPIs for payment towards any future deliverables is at the sole discretion and risk of the User. Federal Bank shall be deemed to be acting on the instruction of the User and shall not be liable for any such future deliverables promised by the Merchant/s. Federal Bank is neither the intermediary nor the facilitator of such Transactions and shall not be responsible for resolution of disputes in case of such Transactions.

x. User shall be solely responsible for all payment instructions issued by the User while using any of the PPIs, using any available channel.

7. USAGE GUIDELINES:

i. The issue and use of the PPI shall be subject to the rules and regulations issued by Federal Bank/ the Service Provider from time to time.

ii. The Bank / Service Provider has the absolute discretion to withdraw the PPI and/or the PPI Services thereby provided or amend or supplement any of the above Terms and Conditions at any time without prior notice to the Customer.

iii. You shall use the PPI only in India to purchase goods and services.

iv. The PPI can be used for withdrawal (if applicable) of cash at any VISA / MASTER / Rupay ATM. The PPI cannot be used for any foreign currency transactions.

v. The PPI may be used through the third party Merchant partners authorised by the Service Provider and Federal Bank.

vi. Information concerning the PPI, including the available balance and/or PPI history can be viewed online at www.tmwpay.com after due log-in with the User Id and Password.

vii. You shall at all times ensure that the PPI credentials are kept safe and shall under no circumstances whatsoever allow the PPI to be used by any other individual. You shall be responsible for all facilities granted by Federal Bank and for all related charges and shall act in good faith in relation to all dealings with the PPI and Federal Bank and the Service Provider.

viii. You are responsible for the security of the PPI and shall take all steps towards ensuring the safekeeping thereof. You shall not disclose your password to anyone verbally or in writing nor record it elsewhere.

ix. You will be liable for all charges incurred on the PPI until the PPI is reported for closure. Federal Bank and the Service Provider shall not be liable for any hacking or unauthorized use of the PPI and it shall be your sole responsibility to ensure privacy and confidentiality of PPI details. The Customer shall, within 48 hours, intimate to the Service Provider and/or Federal Bank of the occurrence of any fraud.

x. In case of any dispute relating to the time of reporting and/ or transaction/s made on the PPI or any other matter in relation to the said PPI, Federal Bank shall reserve the right to ascertain the time and/ or the authenticity of the disputed Transaction.

xi. You shall inform the Service Provider and Federal Bank in writing within 10 days, if any irregularities or discrepancies exist in the Transactions/ particulars of the PPI or any records that are made available to You. If the Service Provider or Federal Bank does not receive any information to the contrary within 10 days, it shall assume that the Transactions are correct. All records maintained by Federal Bank or the Service Provider, in electronic or documentary form of the instructions from You and such other details (including but not limited to payments made or received) pursuant to the Terms and Conditions herein, shall as against You, be deemed to be conclusive evidence of such instructions and such other details.

xii. You may use the PPI Services for Transactions with the approved Merchants only. You are also aware that the Federal Bank/ the Service Provider shall not be held liable in any manner whatsoever for the goods provided and the services rendered by the Merchants etc.

xiii. You must ensure the availability of sufficient funds before executing any Transaction from the PPI.

xiv. You shall intimate Federal Bank /the Service Provider about change in any information, including but not limited to change in mobile number, email id, etc. within 2 (two) days along with such proof of change.

xv. You agree to adhere to all Applicable Laws and all such regulations, guidelines and rules prescribed from time to time by Federal Bank, the Service Provider, RBI and any other regulatory body.

xvi. You shall be bound to comply with the terms and conditions and all the policies stipulated by Federal Bank/ the Service Provider from time to time in relation to the PPI. Federal Bank/the Service Provider may, at its sole discretion, refuse to accept the application or to issue PPI to You.

xvii. You shall not use the PPI Services for any purpose that might be construed as contrary or repugnant to any Applicable Laws, regulations, guidelines, judicial dicta, the Service Provider policies, Federal Bank policies or public policy or for any purpose that might negatively prejudice the goodwill of the Federal Bank and the Service Provider.

xviii. You shall accept full responsibility for wrongful use of the PPI which is in contravention of these Terms and Conditions. You shall indemnify Federal Bank and/or the Service Provider to make good any loss, damage, interest or any other financial charges that Federal Bank and/or the Service Provider may incur and or suffer whether directly or indirectly as a result of Your committing violations of these Terms and Conditions.

xix. Federal Bank reserves the absolute discretion and liberty to decline or honor the authorization request on the PPI without assigning any reason thereto.

xx. You acknowledge and understand that the PPI Services are linked to internet connection (in case of internet/mobile accounts and wallets) and Federal Bank shall not be responsible for any loss or interruption of the PPI Services.

xxi. You acknowledge and understand that the information submitted by You for availing the PPI Services or information submitted while using the PPI Services may be shared with third parties inter alia, to facilitate the provision of the PPI Services.

xxii. Federal Bank through the Service Provider may request You to submit additional KYC information/documents as part of ongoing monitoring and due diligence.

xxiii. Federal Bank and the Service Provider may at their sole discretion, utilize the services of external service providers or agents and on such terms as required or necessary, in relation to its products/services.

xxiv. The PPI and PPI Services are not transferable or assignable by the Customer under any circumstances.

xxv. In case the PPI is a card- whether a smart card/magnetic stripe card and whether or not a physical card or otherwise, the following terms shall apply in relation to the PPI, as may be applicable:

a. The User shall make payment of cash and purchase the Card (in case of physical cards).

b. The maximum limits of retention, withdrawal, etc. from the Card have been mentioned in these Terms and Conditions.

c. User shall comply with the provisions of the Applicable Laws, including but not limited to the Master Circular on Credit Card, Debit Card and Rupee Denominated Co-branded Prepaid Card Operation of Banks and Credit Card Issuing NBFCs.

d. To protect any un-authorised use of the card, it is advised that you shall keep the card under your personal custody at all the times, and shall under no circumstances whatsoever allow the card to be used by any other individual. The cardholder should sign on the reverse of the card in the signature panel immediately upon receipt of the card from the Bank.

e. Cards are treated like cash, and the Bank shall not be liable for the misuse, loss or theft of cards. The Bank will not reissue new card for any reason, including the loss, theft or expiration of such card.

f. The card is the property of the Bank and must be returned to an authorized person of the Bank / Service Provider on request or surrendered to the Bank /Service Provider in the event of the User no longer requiring the services.

g. The new card issuance will be at discretion of the Bank / Service Provider. The User will be liable for payment of all charges incurred on the card until the card is hot listed /cancelled. If the card or its PIN is lost, stolen or misused You shall immediately contact the Customer Service Centre on the telephone numbers listed on the backside of the card. The Bank / Service Provider upon adequate verification of information, will temporarily suspend the card. The User is solely liable for any Transaction or loss incurred due to the loss of the card, up to the time of the card being temporarily suspended by the Bank / Service Provider. The card shall be blocked within 24 hours of reporting and risk of protecting your money starts from the time You report the loss of the card. The Service Provider / Bank shall not be liable for any loss by the misuse of the card. The charges for usage of such services shall be borne by the User.

h. The User may utilize the card balance by due and proper use of the card, in accordance with these Terms and Conditions. No interest is payable to the User. The User is advised to transact only upto the requisite amount loaded on the card for purchase /availing services including applicable charges, otherwise the Transaction may not be honoured.

8.UNAUTHORISED OR ILLEGAL USE AND RELATED AUTHORIZATIONS:

i. You declare that You shall use the PPI/PPI Services only for lawful purposes in a lawful manner as may be permitted by Federal Bank and the Service Provider and for no other purposes whatsoever. You agree that You will not use the PPI/PPI Services for payment of any illegal/unlawful purchases/purposes.

ii. You shall be responsible for using the PPI Services, in compliance with Applicable Law including without limitation all rules, financial service regulations issued by the RBI, the issuing bank and the competent authorities.

iii. You agree and acknowledge that the Bank/Service Provider may, at any time decide not to process any Transactions, and block the PPI if the Bank/Service Provider believes that the same is in violation of Applicable Law or which may expose You, the Bank/Service Provider, the Merchants, or other users to harm. Harm includes but is not limited to financial loss, compromise of privacy of personal information.

iv. You agree and undertake that You shall under no circumstance, share your access credentials or permit others to use your identity in the use of PPI Services or attempt to use the PPI from any other device. If a Customer is found to be violating these Terms and Conditions, the Bank reserves its rights to prevent the relevant Customer from using the PPI/ PPI Services any further. The Customer also agrees that the Customer shall be solely responsible for any consequences resulting from any unauthorized use of the PPI Services/PPI.

v. You may not use contact information provided by the Bank or other users or harvest such information for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications such as spam. You may not allow others to use your PPI to violate the terms of this section. We may terminate your PPI/PPI Services immediately and take other legal action if You or anyone using your credentials violates these provisions. For provision of certain services, the PPI may have additional terms (such as policies, guidelines and rules) that will further govern your use of that particular service and supplement these Terms and Conditions. If You choose to register for or access any such services, You will be presented with any relevant additional terms and conditions at that time. By using those services, You agree to comply with such additional guidelines and rules.

9. WITHDRAWAL & TRANSFERS:

i. No cash withdrawal is permitted on PPIs purchased without providing full KYC information to the satisfaction of the Federal Bank. Where permitted, Federal Bank reserves the right to enable or disable various withdrawal modes like ATMs, cash withdrawal at PoS at its own discretion. Federal Bank reserves the rights to set various limits like per transaction, daily, weekly and monthly transaction value, volume and frequency.

ii. Federal Bank, at its discretion, may offer card to card, wallet to wallet, person to person, person to merchant, person to bank transfers and any other transfers as and when permitted by RBI/ any other regulatory authorities, from the PPIs. Such transfers are governed by Domestic Money Transfer (DMT) guidelines issued by Reserve Bank of India. The Bank reserves rights to set different limits for such transactions from time to time, such that those limits are at least as restrictive as the limits specified under DMT guidelines.

iii. The Bank may use interbank transfer mechanisms like IMPS and NEFT offered by NPCI. Given the inherent complexity of such mechanisms, the Bank can neither guarantee any time taken to credit the destination bank account nor can it assure success of the transfer. The Bank shall debit the transferring user’s account immediately upon initiation of transfer and shall credit these funds back if the Bank is certain that the funds haven’t been received by the destination account and shall never be received. The User transferring the funds is solely liable for providing accurate information of the recipient of the funds. The Bank shall not be responsible for any errors in the account identifiers or other codes specified to identify the transferee’s account. User shall acknowledge that the Bank has no information to verify the intended recipient of the transfer and shall be indemnified by the transferor of any legal or financial liability arising out of such transfer, whatsoever.

iv. Federal Bank reserves the right to delay withdrawals while screening for risk, or request You to provide additional information to verify your identity and may limit the amount You can withdraw until the information is verified.

v. Any withdrawal found to be suspicious will be held back and reversed into the PPI. The PPI will also be suspended for operations and no Transactions will be possible pending an investigation. A notification will be given to You at the discretion of the Bank, if You are the subject of an investigation. If You are able to provide a justification for the withdrawal to the satisfaction of Federal Bank, your PPI will be removed from suspension and you would be free to transact using your PPI.

vi. In the case of no information being provided by You for a suspended PPI – the PPI will continue to be suspended till its validity and the amount will be forfeited as required by the Bank.

10.CANCELLATION, SUSPENSION, REFUNDS & CHARGEBACKS:

i.User shall be liable to the Bank for the full amount of the purchase or reload value of a PPI plus any fees, if the purchase or reload is later invalidated for any reason, including but not limited to chargeback, reversal of Transaction, dispute by the owner of funding source of a Transaction. User agrees to allow the Bank to recover any amounts due to it by debiting the PPIs of the User. If there are insufficient funds in User's PPIs to cover the User’s liability, then the User agrees to reimburse the Bank through other means.

ii. The Customer may be entitled for refund in case of reversal of Transaction and no cash shall be refunded to the Customer. The Service Provider / Bank shall recover applicable charges imposed by the respective Merchant while refunding the money.

iii. User agrees not to dispute the decision made by the Bank and accept the Bank’s decision regarding cancellations.

iv. Federal Bank reserves the right to suspend/discontinue the PPI Services/ PPI at any time, for any cause, including, but not limited, to the following:

a. for any suspected discrepancy in the particulars, online application, documentation provided by the Customer;

b. suspected or potential fraud;

c. sabotage, wilful 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. 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 herein;

g. if Federal Bank believes, in its reasonable opinion, that cessation/ suspension is necessary.

v. The Bank may also restrict, terminate or suspend the use of the PPI/PPI Services at any time without prior notice if the Bank reasonably believes it necessary for business or security reasons.

vi.The Bank, at their discretion, reserves the right to either temporarily or permanently withdraw the privileges on the PPI and/or cancel the PPI at any time without giving any notice or assigning any reason thereof. In case of temporary withdrawal, the privileges may be reinstated by Federal Bank as deemed fit.

11. TERMINATION OF THE PPI/PPI SERVICES AND VALIDITY OF THE PPI:

i. The PPI issued to You is valid for a period of [5 years]. The PPI will expire on the last working day of the month and the year indicated on the PPI or as may be intimated to you by the Bank. The User shall be intimated 30 days prior to the expiry date to utilise the balance amount in the PPI by an SMS and/ or E-mail. The balance amount in the PPI after the expiration date shall be forfeited by the Bank/the Service Provider and the User cannot claim the amount under any circumstances, whatsoever. However, to the extent permitted under Applicable Laws, the Bank may at its sole discretion, close or wind up any PPI Services or amend any of its features with notice to its User, even prior to the expiry of the PPI.

ii. If the User wishes to close the PPI at any time, then the User shall request the Bank for such closure and the Bank may close the PPI in such manner and upon such terms as the Bank may decide in its sole discretion. Termination will be effective, subject to payment of all amounts outstanding on the PPI. No fees charged, if any, to User shall be refunded in the event of termination, suspension or discontinuance of the PPI/PPI Services. No annual, joining or renewal fees shall be refunded on a pro-rata basis.

iii. Federal Bank shall, upon adequate verification, block/suspend/close the PPI and terminate all facilities in relation thereto during working hours on a working day following the receipt of such intimation and shall not be liable for any inconvenience caused to the Customer in this regard.

iv. The Bank shall be entitled to terminate the PPI/PPI Services with immediate effect even prior to its expiry by efflux of time, upon the occurrence of any of the following events: (i) the User intimating the loss of the PPI; (ii) any breach of these Terms and Conditions; (iii) upon a specific request from the User to cancel or suspend the PPI; (iv) the Bank/Service Provider is unable or otherwise prevented from processing payments in relation to the PPI for reasons beyond its reasonable control, including but not limited to restrictions imposed by law or regulation; (v) demise of the User; (vi) reported lunacy/insanity/unsound mind of the User; (vii) if the Bank deems that the PPI Services are being misused / improperly used in any manner ; and (viii) if any adverse report is received from any of the Bank’s branches in the network or from any regulatory or monitoring authority.

v. In addition, Federal Bank or the Service Provider may, at any time, with or without notice, at its absolute discretion, terminate the PPI Services. Federal Bank or the Service Provider may also restrict or suspend the use of PPI Services at any time without prior notice, if the Bank reasonably believes it necessary for business or security reasons.

vi. As regards validity of the PPI, if there is not even one Customer induced Transaction for 12 months using the PPI, then the PPI will be termed as "Inactive" and for 24 months as "Dormant" and for 36 months as "Unclaimed". For Dormant and Unclaimed status PPIs, the Customer will have to complete KYC verification again as per the Bank's policy for activation of the PPI. The Bank may specify such terms and conditions as it may deem fit in its sole discretion for activation of such Inactive, Dormant and/or Unclaimed PPIs.

12.FEES AND CHARGES:

i. All fees and charges related to PPIs including all fees and charges due to the Service Provider /Bank (including applicable charges set out in the fee table provided by the Bank to the User, or due to third parties), as determined by the Bank will be recovered by a debit to the PPI or through other means as available and applicable. The fee is not refundable. Any government charges, duty or debits, or tax payable as a result of the use of the PPI/PPI Services shall be the User’s responsibility and if imposed upon the Bank or the Service Provider (either directly or indirectly), Federal Bank shall debit such charges, duty or tax against the PPI.

ii. The Bank reserves the right at any time to charge the User, any fees/ charges for the Transactions carried out by using his PPI.

iii. The Customer hereby agrees that the use of certain services on the PPI may involve charges and fees which are specific to the relevant service and shall be payable by the Customer as a condition for availing of the relevant service.

iv. Federal Bank reserves the right to change/modify/amend these Terms and Conditions and reserves the right to modify the fees and/or charges applicable to the PPI at any time. Details of the currently applicable fees and charges as stipulated by the Bank, will be displayed on the Service Provider’s website [www.tmwpay.com]. The revised terms and charges, etc. shall be updated on the Service Provider’s website. The changes will become effective, and shall be deemed accepted by You, after the initial posting and shall apply on a going-forward basis with respect to Transactions initiated after the posting date. You should make sure You view these Terms and Conditions periodically to make sure You are familiar with their most recent version. In the event that You do not agree with any such modification, Your sole and exclusive remedy is to terminate Your use of the PPI Services.

v. Service Tax, if any, as may be applicable from time to time on all fees, surcharge and other charges will be levied to the User.

vi.Federal Bank may choose to waive / alter certain fees by communicating the same to the Customer on a case to case basis.

13. USER`S OBLIGATIONS AND COVENANTS:

i. You shall be solely liable for entering into any Transaction and the risk arising thereof.

ii. You accept that at Your request and risk, the Bank has agreed to provide You the PPI/PPI Services and You accept full responsibility for all Transactions recorded by use of Your PPI.

iii. All authorizations and power conferred by You on the Bank /the Service Provider are irrevocable.

iv. Any instruction given by means of the PPI shall be irrevocable.

v. You shall, in all circumstances, accept full responsibility for the use of the PPI, whether or not processed with your knowledge or Your authority, expressed or implied.

vi. You irrevocably authorize the Bank to debit the amounts utilized by using the PPI for Transactions from your PPI.

vii. The Bank will employ its best efforts in carrying out the Transactions but will not incur any liability either to the Customer or any other person for any reason whatsoever including for its delay or inability to carry out a Transaction or an instruction.

viii. Amounts due and payable by the Customer, if not paid separately shall be recovered by the Bank from the funds available in the PPI to the extent permitted under Applicable Laws.

ix. The Bank shall have discretion not to allow You to carry out a Transaction where it has reason to believe that the use of PPI is not authorized or the Transaction appears ambiguous or unclear or such as to raise a doubt.

x. The User shall not use any PPI/PPI Services to commit, aid, support or conceal any fraudulent, criminal, illegal, prohibited or objectionable activity whatsoever.

xi. The User shall bring to the notice of the Bank, any violations of these Terms and Conditions or any suspicious activity as and when the User becomes aware of it.

xii. The User shall acknowledge the risks associated with electronic financial transactions and shall use all such services offered by the Bank at the User’s own risk.

xiii. The User shall accept the Bank's record of the Transactions as conclusive and binding for all purposes. The liability of the Bank/ Service Provider is restricted to the extent of the amount lying in the PPI only till the PPI has not been cancelled, expired, terminated.

14.DISCLAIMER AND LIMITATION OF LIABILITY:

i. The Bank relies on several third party services in delivering its services. The Bank shall not be held liable for any delays, failures, lack of accurate status or fulfilment of Transactions or making available information about past transactions that are dependent on third parties.

ii. The Service Provider may, at its sole discretion, make several promotional offers such as issuance of vouchers, announcing discounts ,etc. You expressly agree and acknowledge that the Bank shall not be responsible or liable in any manner in respect of any such promotional or other offers made by the Service Provider. The Bank disclaims all liability arising out of any such offer issued by the Service Provider and availed by the User.

iii. The Bank makes reasonable efforts to effect all payment instructions but assumes no responsibility and shall incur no liability if it is unable to effect any payment instruction(s) for any reason whatsoever.

iv. The Bank makes reasonable efforts to keep its machines, services available. Several factors outside the control of the Bank may disrupt availability and quality of services. The Bank shall make reasonable efforts to keep Users informed about the service quality and availability issues through one or more electronic or digital channels.

v. The Bank updates its services regularly to provide better experience and/or more capabilities to Users. In the process, the Bank may introduce faulty behavior, lose information related to past transactions, discontinue or break previously available services. The Bank disclaims any and all warranties including, but not limited to any warranties concerning the availability, accuracy, usefulness, correctness or completeness of information, and any warranties of title, warranty of non-infringement, freedom from computer virus, warranties of merchantability or fitness for a particular purpose, other than those warranties which are incapable of exclusion, restriction or modification under Applicable Laws.

vi. Federal Bank employs reasonable technology and systems to guard access to the User’s accounts and information. However, the User acknowledges that the User is solely responsible for protecting account information and that the Bank is providing authentication, authorisation and access control services for the User’s information on a best effort basis and that the User cannot hold the Bank or any of its associates or affiliates responsible for any compromise, loss, theft or damage to such information, irrespective of the cause. Federal Bank may deny access to the User’s accounts maintained with it, if it suspects or has reasonable doubt to suspect or if so instructed by competent regulatory or legal authority or upon its sole assessment of risk, abuse and non-compliant activities associated with such account.

vii. Federal Bank shall be entitled to rely upon any third party systems, tools or mechanisms to safeguard its own systems against any fraud. Such third party systems may rely upon the User’s data and information for detection and mitigation of fraud.

viii. The User acknowledges that the User or third party content presented is obtained from sources believed by the Bank to be reliable. The Bank does not provide any guarantee with respect to such content and the Bank shall not be held liable for any loss suffered by Users based on their reliance on or use of such data, whether any such data is published on the website of the Bank or in its communications to the Users.

ix. Without prejudice to the foregoing, Federal Bank shall be under no liability whatsoever to the Customer in respect of any loss or damage arising directly or indirectly out of :

a. Any issue emerging post availing of the goods and services from the Merchant;

b. The refusal to honor or to accept the PPI;

c. The malfunction of any computer/PoS terminal;

d. Effecting transaction instructions given other than by a Customer;

e. Handing over of the PPI credentials by the Customer;

f. The exercise by Federal Bank of its right to demand and procure the surrender of the PPI prior to the expiry, whether such demand and surrender is made and/ or procured by Federal Bank or by any person or computer terminal;

g. The exercise by Federal Bank of its right to terminate any PPI; h. Any injury to the credit, character and reputation of the Customer alleged to have been caused by the repossession of the PPI and/ or, any request for its return or the refusal of any Merchant Establishment to honor or accept the PPI;

i. Any mis-statement, misrepresentation, error or omission in any details disclosed by Federal Bank or the Service Provider as otherwise required by law.

x. If Federal Bank or the Service Provider receives any process, summons, order of injunction, execution, distraint, freezing, levy, lien, information or notice which Federal Bank or the Service Provider in good faith believes/ calls into question the Customer's ability, or the ability of someone purporting to be authorized by the Customer, to transact on the PPI, Federal Bank may, at its option and without liability to the Customer or such other person, decline to allow the Customer to obtain any portion of his funds, or may pay such funds over to an appropriate authority and take any other steps required by Applicable Law. Federal Bank reserves the right to deduct from the balance available on the PPI, a service charge and any expenses it incurs, including without limitation legal fees, due to legal action involving the Customer's PPI.

xi. The PPI Services are provided on an "as is" and "as available" basis. Use of the PPI Services is at your own risk. To the maximum extent permitted by Applicable Law, the PPI Services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from Federal Bank or the Service Provider or through the PPI Services will create any warranty not expressly stated herein. Without limiting the foregoing, neither Federal nor the Service Provider warrant that the content is accurate, reliable or correct; that the PPI Services will meet your requirements; that the PPI Services will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the PPI Services will be free of viruses or other harmful components. Neither Federal Bank nor the Service Provider will be liable for any loss or damage whatsoever or howsoever caused or arising, directly or indirectly, including without limitation, as a result of loss of data; interruption or stoppage of access to and/or use of the PPI Services; interruption or stoppage of the websites of the Bank or the Service Provider, non-availability of connectivity links/hyperlinks.

xii. Any content downloaded or otherwise obtained through the use of the PPI Services is downloaded at your own risk, and You will be solely responsible for any damage to your property or loss of data that results from such download.

xiii. The Customer acknowledges that the Bank shall not be responsible nor shall they be liable to indemnify the Customer in the event of any loss or damage suffered by the Customer due to any cause or reason beyond the control of the Bank including, but not limited to, misplacement of the PPI or PIN (in case the PPI is a card), mechanical or technical failure and down time, connectivity down time etc. Without prejudice to the foregoing, the Bank shall be under no liability whatsoever to the Customer in respect of any loss or damage arising directly or indirectly due to use of the PPI/PPI Services.

xiv. Neither Federal nor the Service Provider, endorse, guarantee, or assume responsibility for products advertised or offered by a third party through the PPI Services or any hyperlinked website or PPI Service, or featured in any banner or other advertising, and neither Federal Bank nor the Service Provider will be a party to or in any way monitor any transaction between you and third-party providers of goods and/ or services.

15.INDEMNITY:

i. In consideration of Federal Bank providing the Customer with the facility of the PPI, the Customer hereby agrees to indemnify and keep Federal Bank indemnified from and against all actions, claims, demands, proceedings, losses, damages, personal injury, costs, charges and expenses whatsoever which Federal Bank may at any time incur, sustain, suffer or be put to, as a consequence of or by reason of or arising out of, directly or indirectly providing the Customer, the said facility of the PPI or by reason of Federal Bank's acting in good faith and taking or refusing to take or omitting to take action on the Customer's instructions, and in particular arising directly or indirectly out of the negligence, mistake or misconduct of the Customer; breach or noncompliance of the rules/ terms and conditions relating to the PPI or fraud or dishonesty relating to any Transaction by the Customer.

ii. The Customer agrees to indemnify the Bank for any machine/ mechanical error/ failure or any technical down time which is not in the control of the Bank. The Customer shall also indemnify the Bank fully against any loss on account of misplacement by the courier, or loss-in-transit of the PPI and/ or PIN mailer (in case the PPI is a card).

iii. While the Bank makes reasonable effort to employ state of the art security measures appropriate for offering its services, it does not assure or guarantee that no person or entity will overcome or subvert the security measures and gain unauthorized access to its services or any accounts maintained with it. The Bank shall not be liable if any unauthorized person hacks into or gains access to the services or to any User's PPI. User shall indemnify the Bank of any liability arising out of such hacks or exploited vulnerabilities.

iv. Federal Bank may use multiple mechanisms that rely on the User’s information including but not limited to personal, contacts, financial, transactional and biometric data in establishing or re-establishing identity and/or authentication of the User. User acknowledges that no information either singularly or in combination with other information is sufficient to establish true identity and that the Bank’s efforts are on best efforts basis. The User shall indemnify and keep indemnified the Bank of any consequences whatsoever arising out of mistaken identity and/or compromised access irrespective of the reason for such a compromise or vulnerability.

16.ADDITION/WITHDRAWAL OF FACILITIES:

Federal Bank may, at its discretion, make available to the Customer more services on the PPI, PoS terminals, Internet or other wise and/ or other devices through shared networks for the Customer's convenience and use. All fees and charges related to Transactions done by the Customer at these devices as determined by Federal Bank from time to time, will be recovered by a debit to the balance available on the PPI. Federal Bank, be entitled to withdraw, discontinue, cancel, suspend or terminate the facility to use the PPI and/ or services related to it, at PoS terminal/ internet/ other devices within India and shall not be liable to the Customer for any loss or damage suffered by him resulting in any way from such withdrawal, discontinuance, cancellation, suspension or termination.

17.DISCLOSURE OF INFORMATION AND INTELLECTUAL PROPERTY RIGHTS:

i. The Bank reserves the right to disclose the Customer's information to any court of competent jurisdiction, quasi-judicial or regulatory authorities, law enforcement agencies and any other wing of Central Government or State Government. The Customer hereby consents to sharing of their information with the Bank and its authorized Service Provider(s) or agencies or partners for providing PPI Services in relation to the PPI.

ii. Federal Bank may use the Customer information/data to market, advertise and notify the Customer of various Bank offerings. The Customer fully understands that due to use by the Customer of the PPI Services, Federal Bank may create or generate database in respect of such Customer. All rights and ownership with respect to such database shall vest with Federal Bank.

iii. Nothing contained herein shall authorize the Customer to use, apply, invade or in any manner exploit or infringe the intellectual property rights of the Bank, and the usage of the same shall be in compliance with these Terms and Conditions and such approval and policies as may be notified from time to time. In addition, the Customer undertakes not to infringe the intellectual property rights of any third party.

iv. The Customer undertakes not to infringe the intellectual property rights of the Bank, whether directly or indirectly through any third party. The Customer warrants that it shall only use the Bank’s website, software application and the PPI/PPI Services for the purposes of these Terms and Conditions. The Customer or any other person empowered by the Customer shall not use the Bank’s website and/or software application and/or the PPI/PPI Services and software in any form whatsoever, for any purpose.

v. Except for information that You submit, all of the information available on or through the PPI/PPI Services and/or the Bank’s website, including without limitation, text, photographs, graphics and video and audio content, is owned by the Bank and its licensors and is protected by copyright, trademark, patent and trade secret laws, other proprietary rights and international treaties. You acknowledge that the PPI/PPI Services and any underlying technology or software used in connection with the PPI/ PPI Services contain the Bank’s proprietary information. We give You permission to use the aforementioned content for personal, non-commercial purposes only and do not transfer any intellectual property rights to You by virtue of permitting your use of the PPI Services. You may print, download, and store information from the Bank’s website for your own convenience, but You may not copy, distribute, republish, sell, or exploit any of the content, or exploit the Bank’s website in whole or in part, for any commercial gain or purpose whatsoever. Except as is expressly and unambiguously provided herein, we do not grant You any express or implied rights.

18.GENERAL PROVISIONS:

i.ASSIGNMENT: The User cannot assign or otherwise transfer any rights, liabilities and/or obligations hereunder, to any third party and any such assignment or transfer or purported assignment or transfer shall be void ab initio. The Bank’s rights and/or obligations hereunder are freely assignable or otherwise transferable by it to any third parties without the requirement of seeking the User’s prior consent. The Bank may inform the User of such assignment or transfer in accordance with the notice requirements on best effort basis.

ii. WAIVER: Any failure or delay by the Bank to enforce or exercise any provision hereof, or any related right, shall not constitute a waiver by the Bank of that provision or right. The exercise of one or more of the Bank’s rights hereunder shall not be a waiver of, or preclude the exercise of, any other rights or remedies available to the Bank hereunder or in law or at equity. Any waiver by the Bank shall only be made in writing and executed by a duly authorized officer of the Bank.

iii. FORCE MAJEURE: If performance of any service or obligation hereunder by the Bank is prevented, restricted, delayed or interfered with by reason of power outage, labor disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of the Bank or its third parties performing such services as sub-contractor to the Bank and could not have been prevented by reasonable precautions (each, a "Force Majeure Event"), then the Bank shall be excused from such performance to the extent of and during the period of such Force Majeure Event. The Bank shall exercise all reasonable commercial efforts to continue to perform its obligations hereunder.

i.COMMUNICATION: Any communication from Federal Bank to the Customer will be deemed to be completed within 7 days of sending such a communication to the most recent mailing address or Email ID or mobile number available with Federal Bank. Customers can contact Federal Bank at: +91 22 61156300 to 99 and 1800 123 8040.

ii. SURVIVAL: Notwithstanding the foregoing, such of the Terms and Conditions as are meant to survive termination / expiry hereof, will survive indefinitely unless and until the Bank chooses to terminate them.

19.GOVERNING LAW AND DISPUTE RESOLUTION:

i. If a dispute of any kind arises in respect of these Terms and Conditions, You may contact the Bank’s Support Team at customercare@Federalbank.com or dial +91 22 61156300 to 99 and 1800 123 8040 within 30 days of the Transaction.

ii. These Terms and Conditions will be governed by and be construed in accordance with the laws of India. All disputes arising out of the same which remain unresolved, shall be subject to the exclusive jurisdiction of the Courts in Mumbai, irrespective of whether any other court may have concurrent jurisdiction in the matter. The Customer shall be liable for all costs associated with resolution of the dispute, legal expenses and decretal amounts with interest, should it become necessary to refer the matter to any agent.

DISCLAIMER

THE FEDERAL BANK LIMITED.("FEDERAL BANK”), BEING THE ISSUING BANK OF THE PREPAID PAYMENT INSTRUMENT (“PPI”) HEREBY STATES THAT THE WEBSITE, CONTENT AND ANY THIRD PARTY CONTENT IN RELATION TO THE USE OF THE PPI ARE ON AN "AS IS" BASIS AND DISCLAIMS ANY LIABLITY AS REGARDS ITS ACCURACY, CONDITION, RELIABILITY, CONTINUITY, UNINTERRUPTED ACCESS, TIMELINESS, QUALITY, PERFORMANCE, MERCHANTABILITY AND SPECIFICALLY DISCLAIMS ALL WARRANTIES REGARDING THE AVAILABILITY, ACCURACY, USEFULNESS, CORRECTNESS OR COMPLETENESS OF INFORMATION, FREEDOM FROM COMPUTER VIRUS, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

YOU EXPRESSLY ACKNOWLEDGE THE RISKS ASSOCIATED WITH THE ELECTRONIC FINANCIAL TRANSACTIONS DONE USING THE PPI AND AGREE TO AVAIL OF THE SERVICES OF FEDERAL BANK AT YOUR OWN RISK. YOU ARE AWARE THAT THE PORTAL AND/OR MOBILE APPLICATION (AS THE CASE MAY BE) ARE NOT OWNED AND OPERATED BY FEDERAL BANK AND ANY MATERIAL DOWNLOADED AND USED IN CONNECTION WITH THE PPI IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM AND/OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY APPLICATION, SOFTWARE OR OTHER MATERIALS. THE BANK DISCLAIMS ALL LIABILITY DUE TO INTERRUPTION OR STOPPAGE OF ACCESS TO AND/OR USE OF THE PPI; INTERRUPTION OR STOPPAGE OF WEBSITE; NON-AVAILABILITY OF CONNECTIVITY LINKS/HYPERLINKS.

FEDERAL BANK MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING THE MERCHANTS UTILIZING PPI SRVICES. USE OF PPI IN NO WAY REPRESENTS ANY ENDORSEMENT BY THE BANK OF A MERCHANT'S EXISTENCE, LEGITIMACY/LEGALITY, ABILITY, POLICIES, PRACTICES, BELIEFS AS WELL AS THE MERCHANTS’ PRODUCTS AND RELIABILITY.

MISUSE OF ANY LOGOS, GRAPHICS, BRAND NAME OR OTHER INTELLECTUAL PROPERTY RIGHTS OF FEDERAL BANK IS NOT PERMITTED.

THE PPI SERVICES ARE CONTROLLED AND OPERATED FROM AND IN INDIA. FEDERAL BANK MAKES NO REPRESENTATIONS THAT THE PPI SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SERVICES FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE ENTIRELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE INDIAN LAWS. UNLESS OTHERWISE EXPLICITLY STATED, ALL MATERIALS FOUND ON THE SERVICES ARE SOLELY DIRECTED TO ENTITIES LOCATED IN INDIA.

The following Terms of Use ("Terms and Conditions") are inter alia a binding agreement between you and The MobileWallet Private Limited (herein referred as "tmw"). By Purchasing or using tmw meal vouchers, you agree to bound by these terms and conditions.

The Terms and Conditions are also binding on a Beneficiary (as defined hereafter), to the extent applicable on the use of tmw meal vouchers by such beneficiary. If the Beneficiary does not accept these terms, such beneficiary cannot use tmw meal Vouchers.

All the rights, benefits, liabilities & obligations under the following terms & conditions shall accrue to the benefit of tmw.

1. DEFINITIONS

a) "Purchaser" or "You" shall mean a person who purchased the tmw Meal Vouchers for his/her own use or to distribute it to his/her employees or other related parties and who has accepted these Terms and Conditions.

b) "Affiliate" shall mean any merchant that has an agreement with tmw to accept payment using tmw Meal Vouchers.

c) "Beneficiary" shall mean an employee of the Purchaser who has been given tmw Meal Vouchers for his/her use by the Purchaser.

d) "Charge(s)" or "Service Charge" shall mean the charges that tmw may levy upon You in consideration for use of tmw Meal Vouchers.

e) "KYC" stands for Know Your Customer and refers to the norms, rules, laws and statutes issued by RBI from time to time under which tmw is required to procure personal identification details from You and / or any Beneficiary before any services can be delivered. Know Your Customer (KYC) documents may be required by tmw from the Purchasers and / or the Beneficiary at the time of Registration and/ or on a later date, for use and / or continued use of tmw Meal Vouchers.

f) "RBI" means the Reserve Bank of India.

g) "Transaction" means the purchase of goods or services from Affiliate by using tmw Meal Vouchers as the method of payment.

h) "tmw Account" means the electronic account opened by the Purchaser with tmw to facilitate the purchase of tmw Meal Vouchers by the Purchaser.

i) "tmw Meal Vouchers" shall mean the vouchers (whether electronic or otherwise) issued by tmw to a Purchaser which may be used by a Beneficiary for the purchase of food and non – alcoholic beverage from the Affiliate.

2. PAYMENT AND CHARGES

2.1. You shall pay the Service Charges, fees, other charges, and costs as prescribed by tmw in the form and manner prescribed for such payment. tmw may, at its discretion, change, amend, increase, or reduce the Service Charges without prior intimation to the Purchaser or the Beneficiary.

2.2. tmw may, upon the written instructions of the Purchaser, set off any balance or cancel any tmw Meal Vouchers held by a Beneficiary to the extent transferred by the Purchaser to the Beneficiary.

3. PURCHASER OBLIGATIONS

3.3 The Purchaser shall ensure that:

(a) tmw Meal Vouchers are purchased for self consumption or purchased to distribute persons directly related to the Purchaser like genuine employees, family members or friends;

(b) Prior to distributing any tmw Meal Vouchers, it must verify the identity of each Beneficiary through their name, mobile number, and email addresses and must maintain such records so that this can be provided to RBI or other regulatory authorities, if required;

(c) No unauthorized personnel are permitted to either access the tmw Account or carry out any transactions involving the purchase of tmw Meal Vouchers;

(d) It shall notify the content of these Terms and Conditions to the Beneficiary and shall ensure that the Beneficiary has read, understood, and complies with such terms;

(e) It shall not use or allow any Beneficiary to use tmw Meal Vouchers for any purpose that is contrary to any applicable law, regulation, guideline, judicial dicta, tmw privacy policy or public policy or for any purpose that might negatively prejudice the goodwill of tmw or the tmw brand. The Purchaser shall, without delay, report any misuse of tmw Meal Vouchers by any Beneficiary to tmw. The Purchaser will also blacklist any such Beneficiary and shall not grant any additional tmw Meal Vouchers to such Beneficiary.

(f) It shall intimate tmw about change in the Purchaser's details previously furnished to tmw, if any, in writing along with such proof as may be necessary;

(g) It shall inform Beneficiaries that tmw Meal Vouchers should be only used for purchasing food and non –alcoholic beverages. tmw Meal Vouchers cannot be exchanged for a cash equivalent. If the value of the food or non – alcoholic beverage consumed by the Beneficiary is less than the value of the tmw Meal Vouchers given to the Affiliate, no cash for the balance amount will be given to the Beneficiary or the Purchaser.

3.4. tmw Meal Vouchers are non-reloadable digital prepaid instruments issued by the Federal Bank. The vouchers should consumed before the expiry time indicated on the digital booklet. Any tmw Meal Vouchers which is not utilized within this time period may stand forfeited at the discretion of tmw. tmw will send an advance communication to the Purchaser 15 (fifteen) days prior to the expiry of the vouchers alerting it to the forfeiture of the outstanding amount of tmw Meal Vouchers. Expired tmw Meal Vouchers may be revalidated by tmw at the request of the Purchaser subject to such terms and conditions and payment of such fees as may be prescribed by tmw.

3.5. tmw reserves the right to suspend/discontinue the tmw Account of a Purchaser and / or cancel the tmw Meal Vouchers issued to the Purchaser at any time, for any cause, including, but not limited, any of 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;

(b) If any information provided by the Beneficiary or the Purchaser is inaccurate, false or misleading;

3.6. No interest shall be payable by tmw on the tmw Meal Vouchers. The tmw Meal Vouchers is non – reloadable by the Beneficiary or Purchaser.

3.7. The Purchaser hereby declares that neither its name, nor that of any of its Beneficiaries, appears in the consolidated list of terrorist individuals/ organizations as circulated by the RBI from time to time.

4. BENEFICIARY OBLIGATIONS

4.8. Upon use of tmw Meal Vouchers, it is deemed that the Beneficiary has unconditionally agreed to be bound by these Terms and Conditions (as may be modified and updated by tmw from time to time), including without limitation, and any other terms and condition as may be intimated by tmw to the Beneficiaries.

4.9. The Beneficiary shall ensure that:

(a) it uses tmw Meal Vouchers only for the purchase of food and non – alcoholic beverage from an Affiliate or a recognized eating outlet;

(b) it informs tmw of any attack or malicious activity on his/her electronic device that runs the software provided by tmw to use the tmw Meal Vouchers and should immediately uninstall such software to protect himself/herself from loss of value;

(c) update the software provided by tmw to use the tmw Meal Vouchers from time to time and as made available through legal distribution channels; and

(d) it only uses tmw Meal Vouchers for bona fide Transactions with Affiliates or recognized merchants for the products/services available therein. Withdrawal of cash and refunds from the tmw Meal Vouchers is not permitted.

4.10. The Beneficiary shall not:

(a) use tmw Meal Vouchers unless such Beneficiary is of 18 years of age;

(b)transfer the tmw Meal Vouchers to any other person;

(c) tamper / modify / alter / reverse engineer any software provided by tmw for the use of the TMW Meal Vouchers;

(d) use tmw Meal Vouchers for any purpose that is contrary to any applicable law, regulation, guideline, judicial dicta, tmw policy or public policy or for any purpose that might negatively prejudice the goodwill of tmw or of the tmw brand; and

(e) use tmw Meal Vouchers for any Transactions in foreign currency. TMW Meal Vouchers is issued and shall be valid only in India and shall only be used for purchase of products from Affiliates or tmw recognized merchants in India.

(f) You are responsible for all transactions made. If you notice any discrepancy, you should notify our customer care center immediately.

4.11. The Beneficiary authorizes tmw a distributor of TMW Meal Vouchers to use the value stored against tmw Meal Vouchers to set off any negative balance in the Beneficiary’s account caused by overspend by a Beneficiary by using previous tmw Meal Vouchers. Beneficiary agrees to pay stipulated fines for any overspend by such Beneficiary leading to any negative balance.

5. ADDITIONAL T&Cs

5.12 When the Beneficiary acquires any goods, software or any other services from an Affiliate or tmw recognized merchant using the tmw Meal Vouchers, the Beneficiary understands and agrees that, tmw is not a party to the contract between the Beneficiary and the merchant. tmw does not endorse any advertiser or Affiliate. TMW is under no obligation to monitor the goods and services of the Affiliate; the Affiliate alone will be responsible for all warranties or guarantees for goods/services. Any dispute with or complaint against any merchant must be directly resolved by the Beneficiary with such merchant. tmw shall not be responsible or liable for any deficiency in goods and/or services purchased using tmw Meal Vouchers. This exclusion of liability shall apply even for goods and/or services made available by tmw under promotional schemes. The Beneficiaries are instructed to satisfy themselves regarding the quality, quantity and fitness of any goods and/or services before purchase.

5.13 Any amount transferred erroneously by the Beneficiary to any merchant shall not be refunded to the Purchaser or the Beneficiary by tmw in any circumstances. TMW shall not be liable for any loss or misuse of the tmw Meal Vouchers.

5.14 In the event of any dispute, cryptographic proofs submitted either by merchant or provided by tmw shall be binding as the conclusive evidence of the Transactions carried out through use of tmw Meal Vouchers.

5.15 tmw shall send all customer communications using one or more electronic channels like SMS, email, push notifications. The messages shall be deemed to have been received by the User after it have been submitted for delivery to the mobile phone operator or to the corresponding platform owner.

5.16 The Purchaser and the Beneficiary agree to receive all commercial messages including transactional messages from tmw.

6. DISCLAIMER

WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE tmw ACCOUNT, tmw MEAL VOUCHERS, AND ANY SOFTWARE PROVIDED BY tmw TO USE THE tmw MEAL VOUCHERS AND ANY SERVICES OFFERED. WE EXPRESSLY DISCLAIM THE IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE.

We provide the tmw Account, tmw Meal Vouchers, any software provided by tmw to use the tmw Meal Vouchers, and any other technology and services on an "as is", "where is", “with all faults” basis. We do not warrant that the tmw Account, TMW Meal Vouchers, any software provided by tmw to use the tmw Meal Vouchers, or any other technology and services will be uninterrupted, error-free, available or operational at any particular time, or that any known defects will be corrected.

7. LIMITATION OF LIABILITY

7.17. Notwithstanding anything to the contrary contained herein, neither tmw, nor its affiliated companies, subsidiaries, officers, directors, employees or any related party shall have any liability to a Purchaser or Beneficiary or to any third party for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or relating to these terms and conditions, tmw Account, tmw Meal Vouchers, any software provided by tmw to use the tmw Meal Vouchers, and any other technology and services provided by tmw, even if any of said parties had been advised of, knew of, or should have known of the possibility of such damages.

7.18. To the maximum extent permitted by law, our maximum aggregate liability to any purchaser or beneficiary for any causes whatsoever, and regardless of the form of action (whether liability arises due to negligence or other tort, breach of contract, violation of statute, misrepresentation or for any other reason), will at all times be limited to INR One Thousand (INR 1000).

7.19. NO REFUNDS OR RETURNS. tmw Meal Vouchers are non-reloadable, non-transferable prepaid vouchers. Once issued the vouchers cannot be exchanged. tmw does not entertain any returns of vouchers. All transactions made using tmw Meal Vouchers are also deemed final. tmw cannot offer any returns, exchanges or refunds for any transaction.

8. MISCELLANEOUS

8.20. Compliance with law: tmw Meal Vouchers are non-reloadable prepaid instruments issued by Federal Bank and are governed by RBI directions on Issuance and Operation of Pre-paid Payment Instruments in India (Reserve Bank) Directions, 2009 (as amended and supplemented from time to time) and is also subject to directions / instructions issued by the RBI from time to time in respect of redemption, repayment, usage etc.

8.21. Indemnity: The Purchaser and the Beneficiary agree to indemnify, defend and hold TMW and/or related parties harmless from any and all claims, losses, damages, and liabilities, costs and expenses, arising out of or related to use or misuse of the TMW Meal Vouchers and / or TMW Account, any violation of these Terms and Conditions.

8.22. Assignment: TMW shall have the right to assign/transfer its rights and obligations under this agreement to any third party without prior consent of the Purchaser or Beneficiary. The Purchaser and the Beneficiary cannot assign the Terms and Conditions or delegate any obligations under these Terms and Conditions without the express written consent of tmw.

8.23. Amendment: tmw reserves the right to amend, modify, change, add or terminate (collectively "Changes") the Terms and Conditions, the terms for use of TMW Meal Vouchers or TMW Account, at any time in its sole discretion. The Purchaser and the Beneficiary’s continued use of tmw Meal Vouchers or the tmw Account shall be deemed to be the Purchaser and the Beneficiary’s acceptance of any such Changes.

8.24. Choice of law: These Terms and Conditions shall be governed by, and construed in accordance with, the laws of India. Purchaser and the Beneficiary agree that the courts of Mumbai shall have exclusive jurisdiction over any dispute with TMW.

8.25. 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 (“IP Rights”), in and to the tmw Account, TMW Meal Vouchers, and any software provided by tmw to use the tmw Meal Vouchers, the usage data. Unauthorized use of the IP rights is strictly prohibited and all rights are expressly reserved to TMW.

8.26. Relationship: The Purchaser and tmw are independent contractors and nothing in these Terms and Conditions shall be deemed to create an agency or employment relationship, a franchisor - franchisee relationship, joint venture or partnership. 8.27. Severability: Should any provision of these Terms and Conditions be deemed unenforceable or invalid, the other provisions of these Terms and Conditions shall remain in full force and effect.

8.28. Prior discussions: These Terms and Conditions constitute the entire agreement between the Purchaser and the Beneficiary (as applicable) and tmw regarding its subject matter and supersede all prior and contemporaneous undertakings and agreements between the parties, whether written or oral, with respect to that subject matter.

8.29. Information: Any information provided to tmw by the Purchaser or the Beneficiary in connection with use of tmw Meal Vouchers shall vest with tmw, and may be used by TMW, for any purpose consistent with any applicable law or regulation, at its discretion. Information submitted by the Purchaser or the Beneficiary for availing TMW Meal Vouchers and/or information submitted while using the tmw Account may be shared with Affiliate, merchant, service provider or any third party by tmw, inter alia, to facilitate the provision of tmw Meal Vouchers.

9. GRIEVANCE OFFICER

Any violation of the terms by Purchasers, Affiliates, Merchants or the Beneficiaries or any concerns or dispute s may be reported to the tmw Grievance Officer at cs@tmwpay.com. tmw shall address the complaints within a stipulated time based on the nature of the query but in no case more than 30 days from the date of complaint. For further detailed terms relating to grievance redressal please visit www.tmwpay.com.

  • I hereby give consent to "The Mobile Wallet Private Limited" for obtaining and authenticating my "Know Your Customer" (KYC) information with relevant authority (e.g. NSDL, UIDAI etc.), for fulfilling Know Your Customer (KYC) requirements for "tmw" e-wallet issued to me by The Mobile Wallet Private Limited.
  • I agree to authenticate myself using Aadhaar through NSDL (KUA agency).
  • I hereby consent "tmw", its affiliates and / or partners to direct offers for bank accounts and financial products.
  • My acceptance of such offer(s) shall be communicated through acceptance of specific terms and conditions either physically or digitally.
  • Information related to your account may be shared as required under law and regulation.
  • I declare that I am an Indian Citizen, Indian Resident & Tax Resident of India and of no other country.
  • I agree to submit new details within 180 days if any of the above information has undergone changes.
  • I hereby declare that the details furnished above are true and correct to the best of my knowledge.