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TERMS AND CONDITIONS FOR NEUTRAL TAG

These terms and conditions (hereinafter referred to as the "Terms and Conditions") apply to and regulate the provision of radio frequency identification-enabled Tags issued by IHMCL Limited ("IHMCL Limited"). These Terms and Conditions shall be in addition to and not in derogation to any other terms as stipulated by IHMCL Limited, from time to time.

1. Definitions

In these Terms and Conditions, unless there is anything repugnant to the subject or context thereof, the following words/ expression shall have the meaning as stated herein under:

"Concessionaires" shall mean the special purpose vehicle that have been granted a concession by the National Highways Authority of India to construct, maintain and collect toll at the National Highways, and who have agreed to receive payment in respect of such toll through the Tags;

"Customer Care" shall mean the toll-free telephonic customer service facility provided by IHMCL Limited to Tag Members for any Tag related queries;

"ETC Facility" shall mean the electronic facility whereby toll payments can be effected by any Tag Member at any participating Toll Plaza by means of the Tags issued by IHMCL Limited;

"National Highways" shall mean all the National highways where ETC program is active.

"Tag" or "FASTag" refers to the radio frequency identification-enabled Tag issued by IHMCL Limited, which shall function as a semi-closed prepaid payment instrument (PPI), the balance whereof shall be the amount loaded / re-loaded onto such instrument by the Tag Member from time to time;

"Tag Balance" or "FASTag Balance" shall mean the balance loaded/ re-loaded onto the Tag by the Tag Member, from time to time;

"Toll Plazas" shall mean such plazas located on the National Highways for payment of tolls for the usage of the National Highways;

"Transaction" shall mean any Tag transactions carried out by the Tag Member/s as permitted by those Terms and Conditions, including but not limited to loading or reloading of funds to a Tag; Tag balance enquiries and/or such other uses as IHMCL Limited may permit in writing from time to time.

2. INTERPRETATION

In these Terms and Conditions, unless the context otherwise requires;

(a) the singular includes the plural and vice versa and words of any gender are deemed to include the other genders;

(b) the terms "hereof", "herein", "hereby", "hereto" and derivatives or similar words refer to these Terms and Conditions;

(d) reference to any paragraph or schedule shall mean a paragraph of, or a schedule to these Terms and Conditions;

(e) reference to any legislation, law, circular or regulation or to any provision thereof shall include reference to any such legislation, law, circular or regulation, as it may, after the date hereof, from time to time be amended, supplemented or re-enacted, and any reference to a statutory provision shall include any subordinate legislation made, from time to time, under that provision;

(f) the Tag Application shall be deemed to form an integral part of these Terms and Conditions:

(g) heading and bold typeface are used only for convenience and shall not affect the interpretation of these Terms and Conditions;

3. ISSUANCE AND ACTIVATION OF THE TAG

3.1 At the time of submitting the Tag Application for availing a Tag, the Tag Members shall be required to pay a one-time fee of specified time to time by IHMCL. The Tag members shall additionally be required to furnish a security deposit depending on the type of the vehicle owned by such Tag Member, of such amounts as are specified by respective bank where the tag is being registered / linked to.

3.2 The Tag Member acknowledges that the acceptance of any Tag Application and issuance of a Tag shall be the sole prerogative of IHMCL Limited and nothing contained in these Terms and Conditions should be construed as obliging IHMCL Limited to issue the Tag to any Tag Member.

3.3 The Tag issued by IHMCL Limited to the Tag Member shall be mandatorily affixed by the authorized representative of IHMCL Limited on the vehicle owned by the Tag Member which carries the license plate number specified by the Tag Member in the Tag Application.

3.4 Until activation of a Tag by IHMCL Limited in accordance with the process followed for linking the tag to respective bank, neither can a Tag Member reload such Tag nor can a Tag Member utilize the amount loaded on to the Tag.

4. ACTIVATION, LOADING AND RELOADING OF THE TAG

4.1 The Tag Member hereby agrees and acknowledges that the Tags, as on the date of their issuance, shall have no assigned value and shall be in a de-activated form.

4.2 A reference number is generated and communicated to the customer at the time of tag issuance and will be used for linking the tag to the bank of customer choice.

4.3 The process for loading/ reloading value onto such Tags shall be as follows:

(a) The Tag Member may load/ reload the Tag at any customer touch points set-up by respective banks, subject to verification of their identity and any other mandatory requirements as may be prescribed by IHMCL Limited, from time to time; and/ or

(b) By using the payment gateway available to the Tag Members after they use the option of Recharge by UPI on the myFASTag app.

4.4 Notwithstanding anything to the contrary set out hereinabove, the following rules will apply in respect of the loading/ reloading of Tags :

(a) The loading/ reloading of any Tag shall be permitted such that the Tag Balance does not exceed Rs.1,00,000/- (Rupees One Lac Only) (or such other amount the respective bank to which tag is linked may stipulate, from time to time) at any point in time.

5. USAGE OF THE TAG BY THE TAG MEMBER

5.1 The Tag Member acknowledges and agrees that:

(a) the Tag is valid only in India and only with respect to payments required to be made in INR towards toll in terms of paragraph 5.3 below;

(b) the Tag is strictly not transferable and shall only be used with respect to the above mentioned vehicle owned by the Tag Member, on which the Tag has been affixed by an authorized representative of Oil Manufacturing Companies / IHMCL members;

(c) the Tag Member shall be able to use the Tag only to the extent of the Tag Balance available at any given point of time;

(d) the Tag is the property of IHMCL Limited and is non-transferable; and

(e) no interest shall be payable by IHMCL Limited on the amount available/ loaded on the Tag at any point of time.

5.2 The usage of the Tag shall be governed by these Terms and Conditions and all policies, guidelines and instructions provided by IHMCL Limited, from time to time, in relation to the Tags.

5.3 The Tag may be used by the Tag Member for the purpose of making toll payments at participating Toll Plazas on the National Highways at the electronic toll collection lanes provided at such participating Toll Plazas. The list of the participating Toll Plazas will be uploaded on IHMCL Limited Website and will be updated from time to time, in case of any change in the same.

5.4 Each time a Tag Member uses the Tag at a participating Toll Plaza, such Tag Member authorizes IHMCL Limited to reduce the balance available in respect of the Tag. The Tag Member hereby provides its consent to respective bank on linking the tag to the bank account of his or her choice for the purpose of making debit adjustments to the relevant Tag Balance in case of inter alia any incorrect calculation of toll amounts or any mismatch having occurred in terms of the kind of vehicle on which the Tag had been mounted.

5.5 The Tag Member is not allowed to exceed the available Tag Balance, whether through an individual Transaction or a series of Transactions. The Tag Member acknowledges and agrees that if it attempts to drive through any electronic toll collection lane at any participating Toll Plaza where the toll amount to be paid is in excess of the Tag Balance, it will not be able to do so.

5.6 In any event, if a Transaction amount exceeds the Tag Balance which leads to a negative Tag Balance, the Tag Member shall remain fully liable to the respective bank for the amount of such negative Tag Balance and shall make payment of the same to the respective bank on demand.

5.7 Respective banks reserve unto themselves the absolute discretion to decline to honor any Transaction request on the Tag, without having to assign any reason thereof.

5.8 Any Transaction undertaken at a participating Toll Plazas shall be conclusive proof that the charge recorded for such Transaction was actually incurred by the Tag Member using the Tag, except in cases where the Tag had been lost, stolen or fraudulently misused, in which case, the burden of proving that the Transaction was not effected by the Tag Member shall be on such Tag Member.

5.9 The Tag Member agrees that the Tag may be added to a black list/ low balance list maintained by IHMCL Limited in the following cases:

(a) If any governmental authority (including, without limitation, the National Payments Corporation of India) requests IHMCL Limited to add the relevant Tag in a blacklist for any reason whatsoever, or in case IHMCL Limited believes there is any cause to do so, e.g. in case of any irregularity discovered or suspected in respect of any Tag or its usage; and

6. LOST OR STOLEN TAGS

6.1 If the Tag is lost or stolen, the Tag Member must immediately report such loss/ theft over the telephone to the Customer Care at respective bank and/ or lodge a complaint with a the respective bank’s customer touch point. On receipt of any such intimation the bank shall, during working hours on a working day, upon adequate verification of the Tag Member, hotlist/ cancel/ suspend/ block the Tag and terminate all the facilities in relation thereto and shall not be liable for any inconvenience caused to the Tag Member in this regard. The Tag Member will be liable for all charges incurred on the Tag until the Tag is reported lost/stolen.

7. SURRENDER/ REPLACEMENT OF TAGS

7.1 The Tag Member agrees and acknowledges that IHMCL Limited (whether through any authorized person or otherwise) shall be entitled to demand the surrender of any Tag at any time, including at a time prior to the expiry of the validity period of such Tag. The Tag Member shall, forthwith upon such demand being made, surrender the relevant Tag in accordance with the instructions provided by IHMCL Limited in this regard. The Tag Member shall be responsible for returning the Tag to IHMCL Limited for cancellation in the event the ETC facility is no longer required by the Tag Member or if the provision of the ETC facility is withdrawn by IHMCL Limited for any reason whatsoever, in its sole discretion.

7.2 In the event of death of any Tag Member, IHMCL Limited shall cancel the Tag upon being informed of the same.

8. DISPUTES

8.1 The Tag Member shall inform respective banks , by contacting the Customer Care within 15 (Fifteen) days of occurrence of any Transaction, if any irregularities or discrepancies exist in such Transaction or if such Tag Member has any query or complaint in relation to the Transaction. If bank does not receive any information to the contrary within 15 (Fifteen) days of occurrence of any Transaction, it shall be entitled to assume that the relevant Transaction(s) was effected without any discrepancy.

9. DISCLOSURES

The Tag Members hereby irrevocably authorizes IHMCL Limited and respective bank to which I links the tag to disclose, exchange, share or part with any information relating to the Tag Members inter alia payment history information to and between its branches, subsidiaries, affiliates, representatives, auditors, sub-contractors, service providers, other banks/ financial institutions, credit bureaus and governmental authorities as may be deemed necessary by IHMCL Limited and neither IHMCL Limited nor the abovementioned entities shall be liable for the use of such information.

10. NOTIFICATION OF CHANGES

IHMCL Limited shall have the absolute discretion to, at any point of time, (a) amend or supplement any of these Terms and Conditions; and/ or (b) change any feature and/ or benefit offered on the Tag including, without limitation, changes which affect charges or rates and/ or method of calculation of charges with respect to the Tag. IHMCL Limited shall communicate the amended Terms and Conditions, the changes made to the features of the Tag and the revised charges and rates with respect to the Tag by hosting the same on IHMCL Limited Website or in any other manner as may be decided by IHMCL Limited from time to time. The Tag Member shall be responsible for regularly reviewing the current Terms and Condition, including any amendments thereto as may be posted on IHMCL Limited Website, and shall be deemed to have accepted the amended Terms and Conditions by continuing to use the Tag.

The Tag Member agrees and confirms that IHMCL Limited may, for provision of the ETC facility utilize such third party subcontractor(s)/ service providers as it may deem fit.

Terms & Conditions for UPI Recharge through myFASTag

Please read the terms and conditions carefully before registering, accessing or using the Services (defined below). The terms and conditions is a legal contract ("Agreement") between You and IndusInd Bank Private Ltd. having its registered office at 2401,General Thimmayya Road, East Street, Pune-411 001, India. You agree and acknowledge that you have read the terms and conditions set forth below. If you do not agree to these terms and conditions or do not wish to be bound by these terms and conditions, you may not use the Services and/or immediately terminate the Services.

We may amend the terms and conditions at any time by posting an updated version at www.indusind.com ("IndusInd Website"). The updated version of the Terms of Service shall take effect immediately upon posting. If you use our Services, you will be bound by this Agreement which may be amended from time to time.

These terms and conditions ("Terms and Conditions") together with the application made by the Customer and as accepted by IndusInd Bank shall form the contract between the Customer and IndusInd Bank, and shall be further subject to such terms as IndusInd Bank may agree with the other service providers. These Terms and Conditions shall be in addition to and not in derogation of the terms and conditions governing IndusInd Bank, BHIM IndusPay or IndusPay, IndusMobile, IndusNet and relating to any Account of the Customer and /or any other product/services provided by IndusInd Bank.

I accept that the bank will read and store the information to provide relevant features on the app, offers, products and services to me.

DEFINITIONS:

In these terms and conditions, unless there is anything repugnant to the subject or context thereof, the expressions listed below shall have the following meanings viz.:

"Account/s" shall mean any one or more accounts held and/or facilities provided by/to the Customer, by IndusInd Bank including but not limited to savings accounts, current accounts, credit card or debit card accounts, loans, investments or such other accounts and/or facilities as may be determined by IndusInd Bank from time to time, for which the Facility is being offered or may be offered in future.

"Response(s)" means the customized messages sent to the Mobile Phone Number as an SMS/ menu based communication.

"Customer" shall mean a customer of IndusInd Bank or any person who has applied for any product/service of IndusInd Bank.

"IndusInd Bank" shall mean IndusInd Bank Limited, a company incorporated under the Companies Act 1956 and a banking company within the meaning of the Banking Regulation Act, 1949 and having its registered office at 2401, General Thimmayya Road, East Street, Pune - 411 001, and its corporate office at 8th Floor, Tower 1, One Indiabulls Centre, 841, Senapati Bapat Marg, Elphinstone Road (W) Mumbai - 400 013. The expression "IndusInd Bank" shall, unless it be repugnant to the subject or context hereof, include its successors and assigns.

"IndusInd Bank Number" refers to the number/s provided by IndusInd Bank to its customers for availing of SMS Banking Facility or such other facilities which may be availed of through the IndusInd Bank Contact Number, as communicated by IndusInd Bank from time to time.

"Facility" shall mean IndusPay - services as may be provided on the Mobile Phone Number by IndusInd Bank, from time to time.

"IMPS" means Interbank Mobile Payment Service of National Payment Council of India (NPCI)

"IndusInd Bank Contact Centre" refers to IndusInd Bank - Phone Banking Service provided by IndusInd Bank to the Customers.

"IndusNet" refers to the trade name of IndusInd Bank's Internet Banking Service and/or platform owned, established and maintained by IndusInd Bank at the URL www.indusind.com.

"Mobile Phone Number" shall mean the number registered on IndusPay / Indus Mobile/provided by the Customer on IndusNet, through INDUSIND Bank 24 Hour Customer Care Centre, through IndusIND Bank ATM or in writing (either through any form provided by INDUSIND Bank or otherwise), for the purpose of availing the Facility.

"MMID" refers to Mobile Money Identifier. It is a three digit code assigned to an account of a customer that will be used for sending and receiving mobile remittances through IMPS

"MPIN" refers to the mobile banking pin required to be used by the customer to authenticate transactions done through IndusPay.

"Payer" refers to the User who holds a Bank Account with any bank and who’s account is debited for a successful/approved transaction.

"Personal Information" shall mean the information about the Customer obtained in connection with the Facility.

"RBI" shall mean the Reserve Bank of India.

"SMS" shall mean Short Messaging Service, which is the transmission of short text messages to and from SMS enabled devices including but not limited to mobile phones.

"IndusPay" and “BHIM IndusPay” shall mean the Unified Payments Interface (UPI) application which can be installed on the mobile phone handset and can be used by both IndusInd Bank and Non-IndusInd bank customers.

"IndusMobile" shall mean the mobile banking application which can be installed on the mobile phone handset to access information pertaining to the Account/s, by keying in digits representing the relevant menu option.

"GPRS" shall mean the General Packet Radio Service.

"Swipe Pattern" - This is the pattern chosen by customer for Login and for transactions

"Touch ID/Fingerprint/Biometric" - This is an identifier the customer sets on the iPhone that the app allows the user to use for Login and transactions with customer's consent.

“Payment Solution” shall mean the processing of payments sought to be made by Customers by way of UPI, and./or debit cards and/or credit cards

“Payment Mechanism” means the mechanism, mandated and supported by IndusInd Bank, from time to time for facilitating payments by utilizing the Payment Solution.

“Aadhaar” means the Unique Identity Number (UID) issued by Unique Identification Authority of India (UIDAI), a statutory body constituted by government of India under Aadhaar Act 2016;

“Amount" means the payment amount in question which is required to be transferred from the Payer to the Receiver via the Master Merchant or Merchant as a part of the UPI Transaction.

“Authorization/Authorized Transactions”means the process by which Issuing Bank approves a Transaction.

"Beneficiary Bank" means the account holding Bank of the receiver where the payment instruction through UPI services for crediting the account is received from the Payer to be executed either in real time basis or periodically with a settlement process.

“Chargeback” means approved and settled transactions which are at any time refused, debited or charged back to merchant’s account by the Issuer, Acquiring Bank or NPCI for any reason whatsoever including penalties and other charges incidental thereto.

”Commission” means the commission, fees, charges or levies payable to Bank, for facilitating a Transaction.

“Master Merchant Account means Bank account of the Master Merchant for collecting Fees, charges and other levies. In case the Master Merchant intends to use this Master Merchant Account to settle transactions, for which the Master Merchant is the Receiver, then the Master Merchant Account shall also be used for settlement of transactions.

“Merchant” or “Merchant Establishment” or “ME” means a merchant established under the law and has an agreement with Master Merchant to accept payment through UPI Services for the sale of products or services to its Users.

“Merchant Account” means Bank account of the Merchant for collecting Fees, charges and other levies. In case the Merchant intends to use this Merchant Account to settle UPI transactions, for which the Merchant is the Receiver, then the Merchant Account shall also be used for settlement of transactions using UPI Services.

“NPCI” means National Payments Corporation of India, a company incorporated in India under Section 25 of the Companies Act, 1956 (now Section 8 of Companies Act 2013) NPCI acts as the settlement, clearing house, regulating agency for UPI services with the core objective of consolidating and integrating the multiple payment systems with varying service levels into nation-wide uniform and standard business process for all retail payment systems.

“Payer” means any person holding a banking account and who desires to pay money to the Receiver for purchase of goods or services online using the UPI Services, being offered by the Merchant on its website or mobile application thereto.

“Payment Service Provider” or “PSP” means entities which are allowed to issue virtual addresses to the Users and provide payment (credit/debit) services to individuals or entities and regulated by the Reserve Bank of India, in accordance with the Payments and Settlement Systems Act, 2007.

“Premises” means the place of business of the Master Merchant or Merchant.

“Receiver" means any person or the Merchant holding a banking account, who are desirous to receive payments from the Payer using UPI Services. In case the Payer is User of the Merchant and is paying money to the Merchant for purchase or utilization of goods and services from the Merchant, the Merchant shall be the Receiver.

"Remitter Bank" means the account holding bank of the Payer where the Debit of the UPI instruction is received from the Payer for execution on real time basis.

“Service Providers” means banks, financial institutions and software providers who are in the business of providing information technology services, including but not limited to, internet based electronic commerce, internet payment gateway and electronic software distribution services and who have an arrangement with bank or with NPCI to enable use of UPI Software developed by them to route UPI Transactions.

“Transaction” means every payment instruction that results in a debit (excluding Non-Financial transactions) to the Payer’s Account and a corresponding credit to the Receiver’s Account.

“Non-Financial Transactions” means any transactions which is initiated on the app but does not result in debiting/crediting of User accounts.

“UPI Pin” means authentication credentials, password, etc., as provided by User Account holding Bank (“Issuer Bank” ), which shall be required by the User for completion of the transfer of funds through UPI;

“UPI Services” means Unified Payment Interface, a multi-platform operable payment network solution which is being provided by NPCI for the purpose of interbank fund transfer of funds i.e., pay someone (push) or collect from someone (pull) transaction, pursuant to the rules, regulations and guidelines issued by NPCI, Reserve Bank of India and the Bank, from time to time;

“User” collectively refer to Payer(s) and Receiver(s) using UPI services on Master Merchant Platform for initiating and executing UPI transactions.

“Virtual Payment Address” means a unique Payment Identifier issued by a PSP to a Payer or a Receiver that, among other things, can be used to identify the debit or credit to a bank account.

“MDR or Merchant Discount Rate” is a fee charged from a merchant by the bank for accepting payments from customers through UPI, credit and/or debit cards against the products sold or services rendered by the merchant to his/her customer.

In these Terms and Conditions, unless the contrary intention appears:
A reference to:
an "amendment" includes a supplement, modification, novation, replacement or reenactment and "amended" is to be construed accordingly;
an "authorisation" or "approval" includes an authorisation, consent, clearance, approval, permission, resolution, license, exemption, filing and registration;
"law" includes any constitution, statute, law, rule, regulation, ordinance, judgement, order, decree, authorisation, or any published, directive, guideline, requirement or governmental restriction having the force of law, or any determination by, or interpretation of any of the foregoing by, any judicial authority, whether in effect as of the date of signing/submission of the application form or thereafter and each as amended from time to time.
● The singular includes the plural (and vice versa);
● The headings in these Terms and Conditions are inserted for convenience of reference only and are to be ignored in construing and interpreting the Terms and Conditions;
● Reference to the words "include" or "including" shall be construed without limitation
● Reference to a gender shall include references to the female, male and neuter genders;
● All approvals, permissions, consents or acceptance required from IndusInd Bank for any matter shall require the prior, written approval, permission, consent or acceptance of IndusInd Bank;

APPLICATION

The Customer shall apply to IndusInd Bank for use of the Facility (and/or for any changes to the options available under the Facility) in such manner and through such modes as may be specified and made available by IndusInd Bank from time to time including but not limited to application through the forms as prescribed by IndusInd Bank, and/or IndusNet, IndusInd Bank Contact Centre, if and when made available as permitted modes by IndusInd Bank for availment and use of the Facility.
Application for the Facility made by use of permissible modes as specified by IndusInd Bank from time to time shall be accepted only after authentication of the Customer through any mode of verification as may be stipulated by IndusInd Bank from time to time as may be decided at the discretion of IndusInd Bank.
Only Indian Rupee based services shall be provided. Use of mobile banking services for cross border inward and outward transfers is strictly prohibited.

Terms of Service

BHIM IndusPay is a payment solution which facilitates payments and acts as such by creating, hosting, maintaining and providing Services to you via the Internet. BHIM IndusPay provides its Services to customers through 'BHIM IndusPay' mobile payments application (“BHIM IndusPay App”), which may act as a container for various payment instruments including but not limited to Wallet. Debit/Credit card, Unified Payment Interface (“BHIM UPI”) and External Wallets (hereinafter collectively referred to as “Services”). BHIM

BHIM IndusPay also provides its Services to businesses by enabling them to accept payments and services from its customers for the products and/or services on their platform via BHIM IndusPay App.

BHIM IndusPay facilitates payments and services in connection with online transactions for products or services concluded on and through the BHIM IndusPay App, or any third party merchant app, website, physical store or any individual both within and outside the BHIM IndusPay network.

Registration

In order to use the full spectrum of IndusPay Services, you need to register on the IndusPay App and provide us with accurate and complete information. You are also required to keep your accounts and contact information complete and updated at all times. Any account found to contain incorrect and/or outdated information will be suspended.

You can also register with IndusPay from any third party merchant platform. but in such cases, some specific service may or may not be enabled. You have to download the IndusPay app to link your bank account and enable BHIM UPI transactions from IndusPay.

The following Business rules will apply for UPI:

- The facility will be available to users having satisfactorily running Savings/ Current/ Overdraft account (at individual capacity) with a bank.

- UPI Facility shall be available to users who have registered for the facility as per the discretion of Banks, NPCI and RBI.

- Bank shall endeavour to provide to the user through UPI Application, such services as it may decide from time to time. Bank reserves the right to decide the type of services, which category of user shall be offered on each account type and may differ from category to category. Bank may also make additions /deletions to the services offered through IndusPay Application at its sole discretion.

- Once a Virtual address is deleted by the user, the user will not be allowed to create the same virtual address for the next 2 years from the date of such deletion, or as specified by UPI governing guidelines or by regulatory authority.

- There will be no obligation on Bank to support all the versions of existing Mobile Phone operating Systems and new versions of mobile phone Operating Systems as and when those are released. Bank can withdraw support to existing version of operating system without prior notice to users.

- The User agrees that he/she shall use only his/her Mobile Phone to access the UPI application offered by Bank. The access is restricted to him/her on the specific Mobile Phone Number only as registered with the Bank(s) for UPI service.

ELIGIBILITY

The Customer desirous of using the Facility should be either a sole Account holder or authorised to act independently. In case of joint Account/s, the written mandate of other account holders authorising the Customer to use the Facility may be required. All or any transactions arising from the use of the Facility in the joint account shall be binding on all the joint account holders, jointly and severally. An Account in the name of the minor, in which a minor is a joint account holder or any Account where the mode of operation is joint, is not eligible for the Facility.

PRIVACY

We use personal information to provide you with services & products you explicitly requested for, to resolve disputes, troubleshoot concerns, help promote safe services, collect money, measure consumer interest in our services, inform you about offers, products, services, updates, customize your experience, detect & protect us against error, fraud and other criminal activity, enforce our terms and conditions, etc.

We also use your contact information to send you offers based on your previous orders and interests.

We may occasionally ask you to complete optional online surveys. These surveys may ask you for contact information and demographic information (like zip code, age, gender, etc.). We use this data to customize your experience at IndusPay application providing you with content that we think you might be interested in and to display content according to your preferences.

The application requests certain permissions to offer/deliver the complete functionalities of the application such as:

Access your location: The app accesses the approximate and precise location to get you the details of the nearest ATM or Branch and to give the weather details. It also draws comparison between app installation location and location specified in application data.

Read Network State: The application accesses information about your network state to check whether connectivity from your device is there to the server.

Accesses Camera and Gallery: This permission is used to click and update your profile picture on the application. This is securely stored in the server and is retrieved only after validating your User ID on a new device. It reads meta data and temporary files and is an optional permission. The app does not store images other than the profile pictures or beneficiary pictures as allowed

View Calendar Info: To view calendar information for suggesting offers and products.

Access Internt: The application uses this permission to communicate with the servers

Read contacts/Call logs: The application reads your contacts/call logs for allowing recharges and transfers happen to a mobile number or to store information about the beneficiary. It accesses the account names added to the user's device and to read contact list/Call logs of users to recommend references for Products and Offers.

Read Phone state: This is used for validating timeout and the application gets logged out.

Read SMS: The application reads SMSs to populate the One Time Password that comes on the mobile number. Reads and stores all non-personal SMSs from non-ten digit numbers to provide relevant offers and products/services to the customer.

Receive SMS: The application take permission to receive SMSs to populate the One Time Password that comes on the mobile number.

Write to external storage: This is used to store information about your last login details and account information and is stored in an encrypted form in the device application memory.

Maps: The application may take access to Google Maps for populating the nearest ATMs/Branches or offers

View and Store Account E-mail ID: The app stores the E-mail ID of the account linked with the Playstore/App store.

The permission(s) can be switched off by visiting device settings and selecting the App permissions anytime by the Customer. The Bank is not liable for any losses as a result of failure on part of the application to work as intended owing to explicit denial of the application permissions as described above.

Contact Information

Mobile Number

Upon downloading the IndusPay App, you have to necessarily allow permission to IndusPay to send an SMS from your smartphone to IndusPay’s virtual number, which allows IndusPay to verify your mobile number and register your device details against your IndusPay account. This is a mandatory security step, and you accept that IndusPay has the sole right to not allow you to use your IndusPay app without the completion of this step.

It is your responsibility to provide your correct mobile number so that we can communicate with you via SMS. You understand and agree that if we send you an SMS but you do not receive it because your mobile number on file is incorrect or out of date, blocked by your service provider, or you are otherwise unable to receive SMS, we shall be deemed to have provided the communication to you effectively. Please note that if you use a spam filter that blocks or re-routes SMSes from senders not listed in your contacts, you must ensure that IndusPay and IndusInd Bank SMSes are marked as trusted as 'not-spam', so that you will be able to view the communications we send to you.

The mobile number provided by you should be the same as registered with your bank against your bank account, to enable BHIM UPI transactions from IndusPay app. IndusPay will not be liable for any such mismatch leading to your failure to access BHIM UPI transactions on IndusPay app.

Email Address

It is your responsibility to keep Your primary email address up to date so that we can communicate with you electronically. You understand and agree that if we send you an electronic communication but you do not receive it because your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic communications, we shall be deemed to have provided the communication to you effectively. Please note that if you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add IndusPay to your email address book so that you will be able to view the communications we send to you.

Device Information

The device (smartphone) on which you download IndusPay App and use during registration, shall become your registered device and it's details shall be stored by us. The moment you log into your IndusPay account from a different device using the IndusPay app, you will be asked to allow IndusPay to send an SMS from the new device, after which the new device becomes the registered device.

You will not be able to access your IndusPay account or authorize BHIM UPI transactions using your previous device until you re-login and re-authorize yourself on that device.

Any Other information

We may ask for and store additional information to either extend more services or even as additional requirement for continuing the existing services or sub-services or as may be required as per regulatory guidelines applicable from time to time.

AVAILABILITY & DISCLOSURE

Section 3 of Information Technology Act, 2000 prescribes the procedure for authentication of electronic records, which states that a subscriber may authenticate an electronic record by affixing his digital signature and Section 5 provides legal recognition to digital signature for authentication of electronic records.

However IndusInd Bank has adopted the mode of authentication of the Customer by means of verification of the Mobile Phone Number and/or through verification of MPIN/Swipe pattern allotted by IndusInd Bank to the Customer or through any other mode of verification as maybe stipulated at the sole discretion of IndusInd Bank, which are not recognized under Information Technology Act, 2000 for authentication of electronic records. Therefore, the Customer shall strictly maintain the secrecy and confidentiality of the MPIN/Swipe/Touch ID/Fingerprint/Biometric without any liability of IndusInd Bank in this regard.

IndusInd Bank shall endeavor to provide to the Customer through the Facility, such services as IndusInd Bank may decide from time to time. IndusInd Bank reserves the right to decide what services may be offered to a Customer on each Account and such offers may differ from Customer to Customer. IndusInd Bank may also vary the services offered through the Facility at its sole discretion. The customer acknowledges that the Touch ID/Fingerprint/Biometric on the phone that is used for Login and transactions is that or the customer who is registering for or availing the service and is irrefutable.

The Facility is made available to the Customer at his request, at the sole discretion of IndusInd Bank and may be discontinued by IndusInd Bank at any time, without notice. IndusInd Bank reserves the right to offer the Facility for those Customers who are availing the services of specific cellular service providers only. The specific service providers in relation to whom the Facility is not available shall be informed to the Customer by IndusInd Bank, when enquired. The Facility is currently available to only to the Customers holding Account/s with IndusInd Bank's branches in India. IndusInd Bank shall have the discretion to offer the Facility to Non Resident Indians subject to applicable laws.

The access of the Customer to the Facility shall be restricted to Customer availing the Facility through the Mobile Phone Number.

The instructions of the Customer shall be effected only after authentication of the Customer by means of verification of the Mobile Phone Number and/or through verification of his MPIN/Swipe/Touch ID/Fingerprint/Biometric allotted by IndusInd Bank to the Customer or as chosen by customer or through any other mode of verification as may be stipulated at the discretion of IndusInd Bank.

IndusInd Bank shall endeavor to carry out the instructions of the Customer promptly, provided that IndusInd Bank, shall not be responsible for the delay in carrying out such instructions due to any reason whatsoever, including, but not limited to, failure of operational system or any requirement of law or IndusInd Bank's internal policies.

AUTHORITY TO INDUSIND BANK

The Customer irrevocably and unconditionally authorises IndusInd Bank to access all his Account/s for effecting banking or other transactions through the Facility and to share the Account information with any third parties for the purpose of accepting/ executing such requests of the Customers.

In case of InterBank Mobile Payment Service (IMPS), the Bank has the authority to assign the available MMID (Mobile Money Identifier) to the customer basis the logic recommended by NPCI as well as the generation mechanism. In case the customer cancels the MMID, the Bank holds the right to assign a different MMID for the same mobile number and account number.

RECORDS

All records of IndusInd Bank generated by the transactions arising out of use of the Facility, including the time of the transaction recorded shall be conclusive proof of the genuineness and accuracy of the transactions.

INSTRUCTIONS

All instructions for availing the services under the Facility shall be provided through the Mobile Phone Number in the manner indicated by IndusInd Bank. The Customer is also responsible for ensuring the accuracy and authenticity of the instructions provided to IndusInd Bank and the same shall be considered to be sufficient for availing of the services under the Facility. The Responses would be sent on the Mobile Phone Number, last registered with IndusInd Bank for Indus Mobile. Keywords for various information requests shall be as may be provided for, from time to time, including on the web site, or as available at IndusInd Bank Contact Centre.

Where IndusInd Bank considers the instructions to be inconsistent or contradictory it may seek clarification from the Customer before acting on any instruction of the Customer or at its sole discretion. act upon any such instruction as it may deem fit. IndusInd Bank shall have the right to suspend the services under the Facility if IndusInd Bank has reason to believe that the Customer's instructions may lead to direct or indirect loss or may require an indemnity from the Customer before continuing to operate the Facility.

The Customer accepts that all information /instructions will be transmitted to and /or stored at various locations and be accessed by personnel of IndusInd Bank.

ACCURACY OF INFORMATION

The Customer undertakes to provide accurate and complete information wherever required and shall be solely responsible for the correctness and completeness of information provided by him to IndusInd Bank at all times, including, but not limited to, for the purposes of availing of the Facility. IndusInd Bank shall not be liable for consequences arising out of erroneous information supplied by the Customer. If the Customer suspects that there is an error in the information supplied by Bank to him, he shall advise IndusInd Bank as soon as possible. IndusInd Bank will endeavor to correct the error wherever possible on a best effort basis. While IndusInd Bank will take all reasonable steps to ensure the accuracy of the information supplied to the Customer, IndusInd Bank shall not be liable for any inadvertent error, which results in the providing of inaccurate information.

User Responsibilities

The User authorizes IndusInd Bank/IndusPay to act as a PSP and debit Account(s) as per instructions received by way of Payment Orders. The User understands that although multiple bank accounts can be linked with the UPI Services, debit/credit transactions can be done from the default account only. User may change the default account before initiating such debit/credit transactions.

User agrees to assume and take over all consequences and risk of performing UPI transactions through BHIM IndusPay App and shall be solely responsible for any liability incurred by Issuer Bank in execution of any instruction issued via BHIM IndusPay App. The User understands and agrees that once a fund collection/sending request is accepted under UPI Services, the default account will automatically be credited/debited with such amounts as may be mentioned in the fund collection/sending request. The User understands and agrees that such amounts once credited/debited to default account cannot be reversed by the User.

The Payer shall provide correct Receiver details at the time of initiating transaction using BHIM IndusPay App Services. The Payer shall be solely responsible for entering wrong Receiver details like incorrect Virtual Payment Address, incorrect Aadhaar number or incorrect mobile number, etc. due to which the fund may be transferred to an incorrect beneficiary.

The Payer shall not hold IndusInd Bank responsible for any damage, claim, and issue arising out or in connection with any purchase of goods/Services from Merchant(s) through Payment Orders initiated via BHIM IndusPay App. Payer understands and agrees that all such claims, losses, damages, liabilities and issues shall constitute a claim only against such Merchant(s) and not against IndusInd Bank.

User agrees and accepts that the UPI Services is provided by IndusInd Bank are in line with the RBI’s guidelines on mobile banking which are subject to change from time to time.

User shall inform his/her account holding Bank immediately of any inquiry, question or issue raised by any authority including but not limited to any statutory authority.

The User shall be solely liable for ensuring availability of sufficient funds in the Account(s) at all times for the purpose of availing the Services. The User agrees that in the event there are insufficient funds in the Account, NPCI shall decline the transaction instruction and User may be liable for prosecution under the provisions Payment and Settlement Systems Act, 2007 read with Negotiable Instruments Act, 1881.

Beneficial Owner

You must be the beneficial owner of the account, and conduct business only on behalf of yourself.

Username and Password

You must be the beneficial owner of the account, and conduct business only on behalf of yourself.

A set of username and password is unique to your use of the service and you shall not share, assign or permit the use of your username and password to any other persons. You acknowledge that sharing of your username and password with other persons (collectively, "multiple use") may cause irreparable harm to IndusInd Bank. You shall indemnify IndusInd Bank against any loss or damage suffered by IndusInd Bank as a result of such multiple use. You undertake to notify IndusInd Bank immediately of any unauthorized use of your username or password or any other breach of security. You agree that IndusInd Bank shall not be liable for any loss or damage arising from your failure to comply with this section.
You shall be solely responsible for:
- maintaining the confidentiality of your InduPay username and password
- maintaining the confidentiality of your Bank account BHIM UPI PIN and OTP messages
- maintaining the confidentiality of any credentials or/and information using which, one can impersonate you
- all transactions and activities that occur under your username and password
- all consequences of use or misuse of your username and password
- never sharing any of the above credentials with anyone including anyone claiming to be from bank, IndusPay etc.
If you are a business entity, you agree that all officers, employees, agents, representatives and others having access to the username and/or password have been duly authorized by you to use the Services on your behalf and to legally bind you. You shall be responsible for all actions by current and former officers, employees, agents, representatives and others, regardless of whether authorized by you, that access the Services using the business' user name and password.

User Obligations - BHIM UPI

You must ensure the availability of sufficient funds in the bank account before executing any transaction from your Account.
You acknowledge, represent and warrant that the BHIM UPI PIN generated by You, at any time, that is either before/at the time of linking your account with BHIM UPI or regenerated anytime thereafter, provides access to the fund transfer through your linked bank a/c and that You are the sole and exclusive owner, and the only authorized user of the BHIM UPI PIN. You accept sole responsibility for use, confidentiality and protection of the BHIM UPI PIN as well as for the Services availed through the use of BHIM UPI PIN. The BHIM UPI PIN is issued and verified by the Bank and is neither stored nor accessed by IndusPay app. The User grants express authority to IndusPay for carrying out instructions authenticated by such BHIM UPI PIN. The User unconditionally undertakes to have BHIM UPI PIN of such number of digits as may be notified by Bank from time to time and to ensure that the same is kept confidential. If the User forgets the BHIM UPI PIN, then the User may regenerate the BHIM UPI PIN from his IndusPay App.
You authorize IndusPay to forward to your bank, your request to debit your linked bank account when You link your account with IndusPay App. You are solely responsible for complying with any terms set by your bank or with respect to your account, including any fee terms, such as non-sufficient fund or overdraft fee terms.

MERCHANT OBLIGATIONS

MERCHANT ESTABLISHMENT'S REPRESENTATIONS AND WARRANTIES
- Merchants (ME) using the BHIM IndusPay Application represents, warrants and declares that:
  - ME conducts its Business on the Premises.
  - ME holds the valid and subsisting licenses, permits and consents required under applicable laws/regulations for the conduct and operation of the Business.
  - ME has taken all necessary action to authorise the execution, delivery and consummation of this Agreement and will furnish satisfactory evidence of the same to the Bank and AWL upon request and:
    
    (a) the execution, delivery and performance of this Agreement will not constitute a violation of any law, regulation, order, writ, judgment, injunction or decree applicable to it or any of its properties or assets, or violate any license, permit, authorisation, agreement, undertaking or other obligation by which it is bound; or
    
    (b) the execution, delivery and performance of this Agreement will not result in the creation or imposition of any lien, charge or encumbrance upon the capital stock, properties or assets of it; and
    
    (c) there are no judicial or administrative actions, proceedings, litigations or investigations pending or, to the best of its knowledge after due inquiry, threatened against it, which would have a material adverse effect on its capacity to perform its obligations under this Agreement and each of the other documents referred to in this Agreement to which it is a party.
  - The materials and services to be delivered or rendered under this Agreement, will be of the kind, quality and timeliness designated as per the [Quality and Schedule Standards] and shall meet specifications as well as manners as determined in the Bank's sole and exclusive discretion and communicated to the ME from time to time in writing.
  - No officer of the Bank, or any of its respective directors, employees or immediate family members has received or will receive anything of value of any kind from the ME or its officers, directors, employees or agents in connection with this Agreement; [and that none of them has a business relationship of any kind with the ME, it's employees or any of it's other officers].
  - This Agreement is a legal and binding obligation of ME and is enforceable against the ME in accordance with its terms.
MERCHANT ESTABLISHMENT'S COVENANTS
- The ME shall, when requested by a Payer or Card Holder, facilitate a Transaction via the application and in accordance with the terms and conditions of this Agreement including the procedure stated as may be previously amended by the Bank from time to time in writing.
- The ME shall enter into Transactions only in relations to goods sold or services provided by it to the Card Holder.
- The ME shall not enter into a third party transaction or dispense cash by processing a Transaction.
- The ME shall own, and not dispute for any reason whatsoever, Transactions effected via the application.
- The ME acknowledges and agrees that the sale of goods and services under the Transaction shall be transactions between the ME and the account/Card Holder without the Bank being a party thereto, unless required otherwise under applicable regulations.
- The ME shall keep the Bank informed of the claims it receives in relation to Transactions or any other matter in connection with this Agreement providing details as may be required by the Bank and shall not dispute, compromise or otherwise deal with the same without the consent in writing of the Bank and acknowledges that the Bank shall however be under no obligation to provide any assistance to it in connection with any such claim.
- The ME shall at all times maintain a minimum balance as agreed with the Bank in its account with the Bank.
- The ME, in the event that any goods are not received by a Card Holder or are rejected pursuant to non compliance by the ME or pursuant to any terms of contract between the ME and the Payer/Card Holder or are otherwise lawfully rejected or are accepted for return and/or services paid for by the Payer/Card Holder are not performed or are cancelled by the ME or the price is lawfully disputed by the Payer/Card Holder or the price adjustment is disputed by the ME, shall:
  
  (a) not make any cash refunds to the Card Holder;
  
  (b) make all refunds to the Card Holder through the Bank as per the process communicated by the Bank;
  
  (c) forthwith make payment of the amounts to be refunded to the Bank for onward credit to the Payer/Card Holder.
- In the alternative, the Bank may in its discretion adjust all such amounts from the amount payable by it to ME or provide for such other procedure for refund in writing, as the Bank may deem fit from time to time.
Chargeback
- Any Transaction entered by the ME in any of the like circumstances shall be the final responsibility of ME notwithstanding that the Transaction was accepted or paid by the Bank and the ME agrees to the Bank's charging back of the Transaction without any demur or protest:

(a) Transactions which are not in conformity with the provisions of this Agreement;

(b) Transactions using a Card listed on Warning Bulletin;

(d) Transactions where the Card is altered or mutilated or the Card face or signature panel strip is [not normal];

(e) Transactions which are fraudulent, collusive, illegal or otherwise irregular in any manner whatsoever;

(f) Transactions incurred outside the territory authorised for use of the Card or UPI;

(g) Transactions where the signature of the Card Holder on the Chargeslip is not the same as that on the Card;

(h) Transactions incurred by forgery of the Card Holder's signature on the Chargeslip;

(I) Transactions where the Chargeslip is incomplete or illegible as to the name of the Card Holder or other details or does not bear the proper signature of the Card Holder or is otherwise irregular;

(j) Transactions received by the Bank after 5 days of its date appearing on the Chargeslip;

(k) Transactions which were previously billed by ME directly to the Card Holder;

(l) Transactions in excess of the floor limit not separately Authorised;

(m) any charge for merchandise or service sold or provided to the Card Holder at a price which is in excess of the advertised price or in excess of the price charged to the general public for the goods or service;

(n) Transactions for undelivered merchandise or service;

(o) Transactions which the Payer/Card Holder refuses to pay because the merchandise or service were not as promised or were defective;

(p) Transactions where the Payer/Card Holder asserts a claim for set-off or counter claim against the ME or disputes his liability for any reason whatsoever;

(q) Transactions where the Transaction is split by the ME in more than one Transactions with a view to circumvent the approval parameters of the Issuer;

(r) Transactions in respect of which a Payer/Card Holder's complaint or request for an adjustment has not been resolved; and

(s) Transactions which are transacted, recorded or submitted otherwise than in accordance with this Agreement.

If the Bank is entitled to Chargeback any Transaction or if the Bank is entitled to payment or reimbursement from the ME of any amount under this Agreement, the Bank may at its discretion, give effect to such Chargeback entitlement through any one or more of the following methods:

(a) deduction of the relevant amount or any part thereof from any account whatsoever of ME with any branch of the Bank without prejudice or limitation to the Bank's right to set-off, transfer

and applications of funds in law;

(b) deduction of the relevant amount or any part thereof from any payments to ME;

(c) billing ME for the relevant bill/ amount or any part thereof and ME agreeing to pay the amount of the bill forthwith upon receipt of the same without any demur or protest;

Where the ME is a partnership or a proprietary concern and a partner(s)/ the proprietor is in his individual capacity a Payer/Card Holder, such partner/ proprietor shall not use his Card for the purchase of goods from the ME and thereby seek to utilise the payment received from the Bank against such purchases. Such Transaction shall not constitute valid charges and the Bank shall not be liable for payment of such Transaction.
In case of any breach of any rules /law bank would be authorized for any recovery including but not limited to chargeback recovery from merchant for non-compliance of association rules or local Laws by merchants.

DISCLAIMER OF LIABILITY

IndusInd Bank shall not be responsible for any failure on the part of the Customer to utilize the Facility due to the Customer not being within the geographical range within which the Facility is offered and which forms part of the roaming network of such cellular service provider, providing services to the Customer availing such roaming facility from the respective cellular service provider. If the Customer has reason to believe that the Mobile Phone Number is / has been allotted to another person and / or there has been an unauthorised transaction in the Account and / or his mobile phone handset is lost, he shall immediately inform IndusInd Bank of the same.

The Customer agrees that IndusInd Bank shall not be liable if:

the Customer has breached any of the terms and conditions, contained herein or

the Customer has contributed to or the loss is a result of failure on part of the Customer to advise IndusInd Bank within a reasonable time about unauthorised access of or erroneous transactions in the Account by use of the Facility; or

as a result of failure on part of the Customer to advise IndusInd Bank of a change in or termination of the Customer's Mobile Phone Numbers.

there has been an unauthorized transaction in the Account as a result of any person having control or custody of telecommunications instrument (such as the mobile handset) so that such instrument may be used to give telecommunications instruction without authorization or any other issue/default/error/technological problem in the telecommunication instrument (such as the mobile handset) or duplication of mobile number/ SIM of the Customer such as but not limited to SIM card cloning, virus in handset etc.

IndusInd Bank shall endeavor to provide the Facility on a best effort basis and the Customer shall not hold IndusInd Bank liable for non-availability of the Facility or non-performance by service providers, if any, engaged by IndusInd Bank or any loss or damage caused to the Customer as a result of use of the Facility (including relying on the Responses for the Customer's commercial, investment or business purposes) for causes which are not attributable to IndusInd Bank. IndusInd Bank shall not be liable in any manner to the Customer in connection with the use of the Facility.

The Customer accepts that each Response may contain certain Account information relating to the Customer. The Customer authorises IndusInd Bank to send Account related information, though not specifically requested, if IndusInd Bank deems that the same is relevant. IndusInd Bank shall not be held responsible for the confidentiality, secrecy and security of the personal or Account information being sent through the Facility. The Customer agrees that the access to the Facility shall be only through the Mobile Phone Number and any transaction which originates from the same, whether initiated by the Customer or not, shall be deemed to have originated from the Customer.

Under no circumstance, IndusInd Bank shall be held liable if the Facility is not available for reasons including but not limited to natural calamities, legal restraints, faults in the telecommunication network or network failure, or any other reason beyond the control of IndusInd Bank. IndusInd Bank shall not be liable under any circumstances for any damages whatsoever whether such damages are direct, indirect, incidental consequential and irrespective of whether any claim is based on loss of revenue, interruption of business or any loss of any character or nature whatsoever and whether sustained by the Customer or by any other person. Illegal or improper use of the Facility shall render the Customer liable for payment of financial charges as decided by IndusInd Bank or will result in suspension of the Facility for the Customer.

IndusInd Bank is in no way liable for any error or omission in the services provided by any cellular or any third party service provider (whether appointed by IndusInd Bank in that behalf or otherwise) to the Customer, which may effect the Facility.

IndusInd Bank, does not warrant the confidentiality or security of the messages whether personal or otherwise transmitted through the Facility. IndusInd Bank makes no warranty or representation of any kind in relation to the system and the network or their function or performance or for any loss or damage whenever and howsoever suffered or incurred by the Customer or by any person resulting from or in connection with the Facility.

Without limitation to the other provisions of this terms and conditions, IndusInd Bank, its employees, agent or contractors, shall not be liable for and in respect of any loss or damage whether direct, indirect or consequential, including but not limited to loss of revenue, profit, business, contracts, anticipated savings or goodwill, loss of use or value of any equipment including software, whether foreseeable or not, suffered by the Customer or any person howsoever arising from or relating to any delay, interruption, suspension, resolution or error of IndusInd Bank in receiving and processing the request and in formulating and returning responses or any failure, delay, interruption, suspension, restriction, or error in transmission of any information or message to and from the telecommunication equipment of the Customer and the network of any cellular service provider and IndusInd Bank's system or any breakdown, interruption, suspension or failure of the telecommunication equipment of the Customer, IndusInd Bank's system or the network of any cellular service provider and/or any third party who provides such services as is necessary to provide the Facility.

Notwithstanding anything in the contrary provided in this terms and conditions, IndusInd Bank shall not be involved in or in any way liable to the Customer for any dispute between the Customer and a cellular service provider or any third party service provider (whether appointed by IndusInd Bank for such purpose or otherwise).

The Customer agrees that IndusInd Bank may hold and process his personal information concerning his Account/s on computer or otherwise in connection with the Facility as well as for analysis, credit scoring and marketing. The Customer also agrees IndusInd Bank may disclose, in strict confidence, to other institutions, such information as may be reasonably necessary for reasons inclusive of but not limited to the participation in any telecommunication or electronic clearing network, in compliance with legal directive, for credit rating by recognized credit scoring agencies, and for fraud prevention.

The Customer shall not interfere with or misuse in any manner whatsoever the Facility and in the event of any damage due to improper or fraudulent use by the Customer, the Customer shall be liable for damages to IndusInd Bank.

The Customer is solely responsible for protecting his MPIN/Swipe/Touch ID/Fingerprint/Biometric or Mobile Phone Number and any other password that may be issued by IndusInd Bank for the use of the Facility.

IndusInd Bank will not be liable for:

any unauthorised use of the Customer's MPIN/Swipe/Touch ID/Fingerprint/Biometric or Mobile Phone Number or for any fraudulent, duplicate or erroneous instructions given by use of the Customer's MPIN or SPIN or Mobile Phone Number;
acting in good faith on any instructions received by IndusInd Bank from or on behalf of the Customer in relation to the Facility;
error, default, delay or inability of IndusInd Bank to act on all or any of the instructions given by the Customer
loss of any information/instructions in transmission;
unauthorized access by any other person to any information /instructions given by the Customer or breach of confidentiality;

IndusInd Bank will not be concerned with any dispute between the Customer and any cellular service provider and/ or any third party providing such services, through which the Facility is being availed by the Customer. IndusInd Bank makes no representation or gives no warranty with respect to the quality of the service provided by any cellular service provider.

IndusInd Bank may provide any other services as a part of the Facility and IndusInd Bank shall not be liable for the oversight on part of the Customer to update himself with the addition of services which have been included in the Facility.

INDEMNITY

In consideration of IndusInd Bank providing the Facility, the Customer, at his own expense, agrees to indemnify, defend and hold harmless, IndusInd Bank, its directors and employees, representatives, agents and/or the Affiliates, as the case may be, against all losses, damages, expenses, actions, claims, demands and proceedings whatsoever, that IndusInd Bank may incur, sustain, suffer or be put to at any time as a consequence of acting on or omitting or refusing to act on any instructions given by the Customer or otherwise for use of the Facility.

The Customer agrees to indemnify, defend and hold harmless IndusInd Bank, against any loss incurred by the Customer due to failure to provide the services offered under the Facility or any delay in providing the services due to any failure or discrepancy in the network of the cellular service provider.

The Customer agrees to indemnify, defend and hold harmless, IndusInd Bank from any losses occurring as a result of the:

the Customer permitting any third parties to use the Facility.
the Customer permitting any other person to have access to his mobile phone or as a consequence of leaving the mobile phone unattended or loss of mobile phone.

FEES

IndusInd Bank shall have the discretion to charge such fees as it may deem fit from time to time and may at its sole discretion, revise the fees for use of any or all of the Facility, by notifying the Customer of such revision. The Customer may, at any time discontinue or unsubscribe to the said Facility. The Customer shall be liable for payment of such airtime or other charges which may be levied by any cellular service provider in connection with availing of the Facility and IndusInd Bank is in no way concerned with the same. The charges payable by the Customer is exclusive of the amount payable to any cellular service provider and would be debited from the account of the Customer on a monthly basis. The Customer shall be required to refer to the schedule of fees put up on the IndusInd Bank website from time to time.

IndusInd Bank may at its sole discretion introduce new services and modify some or all of the existing services offered on the IndusPay application. In such an event, we reserve the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Unless otherwise stated, all fees shall be quoted in Indian Rupees.

Your bank may charge you a nominal transaction fee for BHIM UPI transfers- please check with your bank for any such charges.

Merchants using BHIM IndusPay Application for collection of payments from their customers will be charged MDR as applicable on the mode of payment (UPI, Debit Card or Credit Card) and the same shall be deducted from the merchant payout by the bank at the time of transaction settlement. IndusInd Bank may additionally charge an onboarding fee and/or service fee and/or monthly rental to the merchants using the BHIM IndusPay application.

MODIFICATION

IndusInd Bank shall have the absolute discretion to amend or supplement any of the Terms and Conditions, features and benefits in relation to the Facility. IndusInd Bank may communicate the amended Terms and Conditions by hosting the same on its website or in any other manner as decided by IndusInd Bank. The Customer shall be responsible for regularly reviewing these Terms and Conditions, including amendments thereto as may be posted on the website and shall be deemed to have accepted the amended Terms and Conditions by continuing to use the Facility. Any change in the Terms and Conditions (other than interest charges and rates) shall be communicated to the Customer, in the manner as aforesaid, one month prior to the date of their implementation.

TERMINATION

The Customer may request for termination of the Facility at any time by giving a written notice to IndusInd Bank or through any other medium made available by IndusInd Bank. The Customer will continue to be responsible for any transactions that may have been effected through the Mobile Phone Number in relation to the Facility prior to such cancellation of the Facility.

IndusInd Bank may, at its discretion, withdraw temporarily or terminate the Facility, either wholly or in part, at any time without giving prior notice to the Customer. IndusInd Bank may, without prior notice, suspend the Facility at any time during which any maintenance work or repair is required to be carried out or in case of any emergency or for security reasons, which require the suspension of the Facility. IndusInd Bank shall endeavor to give a reasonable notice for withdrawal or termination of the Facility.

The closure of all Account/s of the Customer will automatically terminate the Facility. IndusInd Bank may suspend or terminate Facility without prior notice if the Customer has breached these Terms and Conditions or IndusInd Bank learns of the death, bankruptcy or lack of legal capacity of the Customer.

NOTICES

IndusInd Bank and the Customer may give notice under these Terms and Conditions electronically to the mailbox of the Customer (which will be regarded as being in writing) or in writing by delivering them by hand or by sending them by post to the registered address of the Customer, last recorded with IndusInd Bank. In addition, IndusInd Bank shall also provide notice of a general nature regarding the Facility and the Terms and Conditions, which are applicable to all Customers using the Facility, on its website and/ or also by means the customised messages sent to the Customer over his mobile phone as short messaging service ("SMS") or other mode as may be deemed fit by IndusInd Bank. Such notice will be deemed to have been served individually to each Customer.

GOVERNING LAW

Any dispute or differences arising out of or in connection with the Facility shall be subject to the exclusive jurisdiction of the Courts of Mumbai.
IndusInd Bank accepts no liability whatsoever, direct or indirect for non-compliance with the laws of any country other than that of India. The mere fact that the Facility can be accessed by a Customer in a country other than India does not imply that the laws of the said country govern these terms and conditions and / or the operations in the Account/s of the Customer and / or the use of the Facility.

RECEIVING RESPONSES

The Customer is responsible for intimating to IndusInd Bank any change in his Mobile Phone Number or email address or Account details and IndusInd Bank will not be liable for sending Responses or other information over the Mobile Phone Number/email address recorded with IndusInd Bank.

The Customer acknowledges that to receive Responses, his Mobile Phone Number must be active and accessible. The Customer acknowledges that if the Customer's Mobile Phone Number remains inaccessible for a continuous period (such period dependent upon service providers) from the time a Response is sent by IndusInd Bank, that particular Response may not be received by the Customer.

The Customer acknowledges that the provision of the Facility is dependent on the infrastructure, connectivity and services to be provided by service providers engaged by IndusInd Bank or otherwise. The Customer accepts that timelines, accuracy and readability of responses sent by IndusInd Bank will depend on factors affecting other service providers engaged by IndusInd Bank or otherwise. IndusInd Bank shall not be liable for non-delivery or delayed delivery of responses, error, loss or distortion in transmission of responses to the Customer.

FUNDS TRANSFER FACILITY

The Payer accepts that he will be responsible for keying in the correct details which are required to make fund transfers through the abovementioned facility; such details being specified by IndusInd Bank from time to time. In no case, IndusInd Bank will be held liable for any erroneous transactions arising out of or relating to the Payer keying in erroneous details required making fund transfers through the above mentioned facility.

If the abovementioned facility is made available to the Payer, it may be used for transfer of funds from Account/s to other accounts belonging to third parties maintained at IndusInd Bank and/or at any other bank which falls under the network of RBI's Electronic Fund Transfer or National Electronic Fund Transfer system or Real Time Gross Settlement or Immediate Payment Service. In such an event, the terms applicable to such facilities, in addition to those applicable to the Facility, shall be applicable.

The liability of IndusInd Bank shall only commence subsequent to the debit in the Payer's account.

In case of a payment getting rejected for any reason re-credit of the proceeds will be processed within 5 working days.

Limit of Transactions

Customers can make financial transactions of values as defined by regulatory authorities from time to time or as decided by IndusInd Bank.. The transaction limit for each product/services provided shall be as displayed on the IndusInd Bank Website or under FAQs for IndusPay. IndusInd Bank may, at its sole discretion, increase or reduce the limit up to the limit as permissible under applicable laws.

MISCELLANEOUS

IndusInd Bank may at any time provide the Customer with details of the various products, offers and services offered or to be offered by IndusInd Bank Limited through the Facility.

The confirmation of transactions initiated by customer will be provided by way of SMS to the mobile number registered for Indus Mobile.

The Customer authorises IndusInd Bank to utilize the information provided by him for availing the Facility, for the purposes of information provided by IndusInd Bank in its applications, surveys, mailing lists and other purposes. IndusInd Bank may use this information to develop mailing lists that may be used by companies with whom IndusInd Bank shall work to develop marketing offers for the Customers.

IndusInd Bank reserves the right to revise the policies, features and benefits offered through the Facility from time to time and may notify the Customer of any such revisions/changes in any manner as deemed appropriate. The Customer will be bound by such revisions/changes unless the Customer terminates the Facility.

The Customer shall comply with all such terms and conditions as IndusInd Bank may prescribe from time to time for facilities/ services availed of by the Customer. All such transactions effected by or through facilities for conducting remote transactions including the internet, mobile phone, world wide web, electronic data interchange, IndusInd Bank Contact Centre, teleservice operations (whether voice, video, data or combination thereof) or by means of electronic, computer, automated machines network or through other means of telecommunication, established by IndusInd Bank, for and in respect of such facilities/ services offered, shall constitute legally binding and valid transactions when done in adherence to and in compliance with the terms and conditions prescribed by IndusInd Bank for such facilities/ services, as may be prescribed from time to time.

SET-OFF

(i) IndusInd Bank shall have the paramount right of set-off and lien, irrespective of any other lien or charge, present as well as future on the deposits of any kind and nature (including fixed deposits) held/ balances lying in any other Account/s of the Customer maintained with IndusInd Bank, whether in single name or joint name(s) and on any monies, securities, bonds and all other assets, documents and properties held by/ under the control of IndusInd Bank (whether by way of security or otherwise pursuant to any contract entered/ to be entered into by the User in any capacity) towards the satisfaction of the Customer's liability under the Facility. IndusInd Bank is entitled without any notice to the Customer, to settle any indebtedness whatsoever owed by the User to IndusInd Bank, (whether actual or contingent, or whether primary or collateral, or whether joint and/or several) hereunder or under any other document/ agreement, by adjusting, setting-off any deposit(s) and/or transferring monies lying to the balance of any Account/s held by the Customer with IndusInd Bank notwithstanding that the deposit(s)/ balances lying in such Account/s may not be expressed in the same currency as such indebtedness. IndusInd Bank's rights hereunder shall not be affected by the Customer's bankruptcy, death or winding-up. It shall be the Customer's sole responsibility and liability to settle all disputes/ objections with any such joint account holders.

(ii) In addition to the above mentioned right or any other right which IndusInd Bank may at any time be entitled whether by operation of law, contract or otherwise, IndusInd Bank is authorized / will be entitled: (a) to combine or consolidate at any time all or any of the Accounts and liabilities of the Customer with or to any branch of IndusInd Bank; (b) to sell or otherwise dispose off any of the Customer's securities or properties held by IndusInd Bank by way of public or private sale or otherwise without having to institute any judicial proceeding whatsoever and retain/appropriate from the proceeds derived there from the total amounts outstanding to IndusInd Bank from the Customer, including costs and expenses in connection with such sale or disposal; and (c) in case of cross currency set-off, to convert an obligation in one currency to another currency at a rate determined at the sole discretion of IndusInd Bank.

GRIEVANCE-REDRESSAL

For Banking Customers

You may login your complaint relating to services provided by our Bank as under:

Register at Branch through complaint register

Contact the Branch Manager

Call Contact Center on following nos. 24*7 on all days

BSNL & MTNL subscribers: 1860 500 5004.

Other subscribers: 1860 500 5004 / 022 4406 6666

Send email to Contact Centre at reachus@indusind.com or at exclusive@indusind.com or select@indusind.com based on your account

NRI customers may E-Mail us at nri@indusind.com

In case, Branch / Contact Centre are unable to resolve the issue within 7 working days, please escalate the same to the Regional Heads through Head - Customer Care as under:

Email to customercare@indusind.com

Write to Head - Customer Care at

Mr. Vishal Anand,

Head - Customer Care,

OPUS Center,

47, Central Road, Opp. Tunga Paradise Hotel MIDC,

Andheri (East),

Mumbai 400093

In case you don't receive a response from Head - Customer Care within 7 days, you may call/write to the Nodal Officer at the address/email/contact nos. provided below:

Ms. Anita Verghese,

Senior Vice President, Banking Operations

IndusInd Bank Ltd.,

701/801 Solitaire Corporate Park,

167, Guru Hargovindji Marg,

Andheri-Ghatkopar Link Road,

Chakala Andheri (East),

Mumbai - 400 093.

E-mail: nodal.officer@indusind.com,

Tel. No.: (022) 6641 2200, 6641 2319,

Fax: (022) 6641 2318

balances lying in such Account/s may not be expressed in the same currency as such indebtedness. IndusInd Bank's rights hereunder shall not be affected by the Customer's bankruptcy, death or winding-up. It shall be the Customer's sole responsibility and liability to settle all disputes/ objections with any such joint account holders.