Terms and Conditions- Autopay

This document is an electronic record in terms of Information Technology Act, 2000 (as may be from time to time), the rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This document shall be read in conjunction with PhonePe’s general Terms and Conditions (“Terms”) which includes without limitation PhonePe’s Privacy Policy (“Privacy Policy”); Terms of Use of PhonePe UPI (“UPI ToU”) and other policies/terms and conditions made available on the PhonePe Platforms, as may be amended from time to time  All capitalised terms used herein but not otherwise defined shall have the meanings ascribed to them in the Terms or UPI ToU.

Please read these terms and conditions- Autopay (“Autopay Terms”) carefully before accessing or using this functionality via PhonePe App. These Autopay Terms regulate the transactions done using the features listed under these Autopay Terms. These Autopay Terms are a binding legal contract between You and PhonePe Limited (Formerly known as ‘PhonePe Private Limited’) (“PhonePe/We/Us/Our”) having its registered office at Office-2, Floor 5, Wing A, Block A, Salarpuria Softzone, Bellandur Village, Varthur Hobli, Outer Ring Road, Bangalore South, Bangalore, Karnataka, India, 560103. You agree and acknowledge that You have read the Autopay Terms set forth below. If You do not agree to these Autopay Terms or do not wish to be bound by these Autopay Terms, You may choose not to avail/use this functionality. We may amend these Autopay Terms at any time by posting an updated version on PhonePe’s website(s) and/or PhonePe App(s). The updated version of these Autopay Terms shall take effect immediately upon posting. It is Your responsibility to review these Autopay Terms periodically, for updates / changes. “You”, “Yours”, “Yourself”, “End User”, “Customer”, “User” shall mean the individual who uses PhonePe UPI through the PhonePe App to send and receive payments.

These Autopay Terms govern a functionality enabled by PhonePe wherein User(s) can set-up Automated Payment(s) (as defined below) for Eligible Merchant(s) on PhonePe App, by pre-authorising PhonePe to make payment(s) on behalf of the PhonePe User(s) on such frequency set or opted by the PhonePe User, in accordance with these Autopay Terms.

1. Definitions
   1. “Actions” shall mean such actions as defined under section 4 of these Autopay Terms, which can be undertaken / requested by a User in relation to and during the validity of a Mandate. 
   2. “Auto Top-up Mandate” shall mean a Mandate (as defined below) for top-up of certain instruments/ facilities enabled via PhonePe App, including but not limited to UPI Lite Facility or PhonePe Wallet, for an automatic top-up of such instruments/ facilities, Such automatic top-up will be triggered up to a maximum permissible top-up limit (prescribed by RBI, NPCI and/or other regulatory authorities), only when the balance in such instruments/ facilities reaches a minimum balance threshold.  
   3. “Automated Payments” or “Autopay” shall mean such payment(s) enabled by PhonePe which are supported by NPCI within the UPI ecosystem, that allows Users to set up payments based on a certain frequency selected by them under a Mandate. These payments can be one time or recurring as per the frequency approved by the User at the time of Mandate Registration.
   4. “Eligible Merchants” shall mean such eligible categories of merchants, service provider(s), biller(s) who are enabled with PhonePe for accepting Automated Payments from User(s) in accordance with these Autopay Terms.
   5. “Mandate” shall mean a standing instruction / authorisation provided by a User via PhonePe App for automated payment(s) to Eligible Merchant(s) in accordance with these Autopay Terms.  
   6. “Mandate Execution” means successful deduction of the authorised amount in relation to a Mandate, by Your issuer as per Your selected payment mode enabled by PhonePe, for a particular Autopay Payment. 
   7. “Mandate Limit(s)” shall mean such limit(s) in relation to a Mandate which can either be (i) a pre-fixed value of an Automated Payment, or (ii) a variable value of the Automated Payment, subject to the maximum / overall permissible limit set by RBI / NPCI (as updated from time to time).
   8. “Mandate Registration” shall mean such details / inputs required to be provided by a User in relation to a Mandate which shall include, (i) parameters in relation to a Mandate, (ii) start date and end date in relation to a Mandate, (iii) Mandate Limits, (iv) frequency of the Mandate.
2. Mandate set up
   A Mandate shall be set-up only after a successful validation / authentication by You via PhonePe App. In order to set up a Mandate, You shall be required to share details in relation to Mandate Registration with respect to a particular Automated Payment.
   Further, You can choose such Payment Account enabled by PhonePe under this functionality to proceed with Mandate set-up. Post successful Mandate Registration, a Mandate Execution shall be undertaken based on the frequency of the Mandate accepted by You during Mandate Registration, and such authorised amount shall be deducted from your linked Payment Account and transferred to the Eligible Merchant in relation to such Automated Payment. Once a Mandate has been successfully registered, the User shall not be permitted to unlink the Payment Account associated with the VPA for as long as there are active Mandates registered against such Payment Account.   
   PhonePe hereby disclaims any liability in relation to a rejection, failure, or a pending status of a Mandate, or a Mandate Execution, and shall have no role or liability in relation to such validation(s) / authentication undertaken by Your issuer in this regard.  
3. Mandate Execution
   Your Mandate(s) will be processed only if You maintain sufficient funds or limit in Your Payment Account, chosen by You at the time of Mandate set-up. If you fail to do so, Your Mandate Execution will be unsuccessful. 
   You shall be notified  prior to the actual debit/debits to Your linked Payment Account in relation to Your Automated  Payment, and post a successful Mandate Execution on your registered mobile number, along with other details in relation to the Mandate / Mandate Execution by Eligible Merchant and Issuer in a manner as prescribed by the regulatory bodies under Applicable Laws (as amended from time to time).
4. Action(s) in relation to a Mandate:
   You may undertake the following Action(s) in relation to managing Your Mandate (including Auto Top-up Mandate) via PhonePe App during the validity of a Mandate. Please note that The Actions mentioned here are only available wherever permitted by the Eligible Merchant(s) and subject to their specific terms and Applicable Laws. (i) Modify the Mandate Limit(s) set by You at the time of Mandate Registration, provided that such request to modify the Mandate Limit shall always originate from the Eligible Merchant; (ii) Pause and/or un-pause the Mandate, (iii) withdraw/ revoke a Mandate before a redemption trigger has been undertaken by Your Issuer  in relation to an Automated  Payment (iv) migrate the Mandate to another TPAP in accordance with the Applicable Laws.  Please note that the Actions mentioned above are not applicable for certain types of Mandates in accordance with Applicable Laws.
   You agree that Your Action(s) in relation to a Mandate, may be subject to additional validation or authorisation by Your Issuer. You further agree that Your Action(s) shall be in accordance with these Autopay Terms and in compliance with Applicable Law(s) and You shall adhere to such timelimit(s) associated to Action(s) if prescribed by RBI / NPCI or Your Issuer (as the case may be). 
5. One- Time Mandates and Recurring Mandates:
   • One-time Mandates:
     • Through this functionality, You can pre-authorize future debit of your Payment Account by setting up a Mandate in accordance with section 2 of these Autopay Terms. Please note that the One-Time Mandates are predominately used for various transactions, including but not limited to IPO applications. The Mandate shall be created by an Eligible Merchant with Your consent and the same shall be for one-time execution only and your Payment Account shall be blocked for the equivalent amount immediately with the Mandate Registration.
     • You can modify the amount and the expiry date of a Mandate any time before the expiration date and redemption date unless expressly barred under Applicable Laws.
     • You can revoke the Mandate any time before the expiration date. The blocked funds shall be unblocked immediately, and the said Mandate shall stand cancelled.
     • Mandates may be valid for a maximum period prescribed under the Applicable Laws.
   • Recurring Mandates:
     • In Recurring Mandate, You will have the capability to schedule Mandate through one-time authorization for a selected validity period and a defined frequency. This will allow recurring debits from Your Payment Account. The Mandate shall only be registered with Your consent.
     • A request for modification of Mandate can be sent by You or the Eligible Merchant. Please note that certain types of Mandate can only be modified if such request to modify the Mandate has originated from the Eligible Merchant. The final authority to approve the modification lies with You.
     • You can pause the Mandate for a duration within which the Mandate will be inactive. Any transaction initiated by an Eligible Merchant on a paused Mandate will be declined automatically. Similarly, You also have an option to resume a paused Mandate from an effective date within the Mandate validity period. Please note that certain types of Mandate can only be paused  if such request to pause the Mandate has originated from the Eligible Merchant.
     • The Mandate can be revoked i.e. cancelled by You as well as by the Eligible Merchant. Please note that certain types of Mandate can only be revoked if such request to revoke the Mandate has originated from the Eligible Merchant.
     • If the Mandate is executed immediately with the Mandate Registration, then no separate authorization for immediate execution would be required. If the first execution of the Mandate fails (inclusive of the three retries), the entire Mandate will stand cancelled. If the first execution of the Mandate is initiated after five minutes of Mandate Registration, then the User will be required to authorize the execution with requisite information including UPI PIN.
     • As directed by NPCI, three retries shall be allowed in case any Mandate Execution fails due to any reason. On failure of third retry, the respective Mandate Execution for processing of the transaction on that particular date shall fail, however, the Mandate shall be valid and active for future Mandate Executions. 
     • Maximum amount limit for Mandate is as specified by NPCI/RBI basis merchant category. These limits and categories can be modified by NPCI/RBI from time to time. 
6. UPI Reserve Pay
   UPI Reserve Pay as a feature enables the User to pre-authorize future debit of his/her Payment Account. Your Payment Account shall be blocked for the equivalent amount immediately with the Mandate Registration. The Mandate created shall be used for multiple Automated Payments equivalent to the amount blocked during Mandate Registration.
   You or an Eligible Merchant on your behalf can create a Mandate for You in accordance with clause 2 mentioned above. In a case, If Your Payment Account does not have the necessary fund/balance, the Mandate will not be created.
   You understand that you will be able to revoke the Mandate any time before the expiration date if permitted under the specific terms set by the Eligible Merchant(s) in accordance with the Applicable Laws. Please note that for all Mandates where the used Payment Account is a credit instrument like credit line or credit card, Applicable Laws require that the Mandate remains fixed and cannot be manually revoked or deleted by the User once authorized.
   Mandates may be valid for a maximum period of 90 days, or any other period so prescribed from time to time.
   You understand that the Mandates can be revoked any time before the expiration date by the Eligible Merchant. The blocked funds shall be unblocked immediately, and the said Mandate shall stand cancelled. Mandate execution will only happen between start date and end date.
   Maximum amount limit for Mandate is as specified by NPCI/RBI basis merchant category. These limits and categories can be modified by NPCI/RBI from time to time.
7. Auto-top up Mandate:  
   If you have opted for UPI Lite Facility or PhonePe Wallet enabled via PhonePe App, You shall have an option of setting up an Auto-Top-up Mandate as per Mandate Limit(s) applicable for an Auto Top-up for UPI Lite Facility or PhonePe Wallet, in accordance with these Autopay Terms. Eg: a User can set an Auto- Top-up Mandate to automatically add INR 300 into its UPI Lite Facility if the balance of the UPI Lite Facility goes below INR 200. Accordingly, the INR 300 shall be debited from such PhonePe User’s Payment Account every time the balance reaches below INR 200. Similarly, a User can set an Auto- Top-up Mandate to automatically add INR 300 into its PhonePe Wallet if the balance of the PhonePe Wallet goes below INR 200. Accordingly, the INR 300 shall be debited from such PhonePe User’s Payment Account every time the balance reaches below INR 200  
8. Mandate Porting: 
   Mandate Porting allows You to migrate Your existing active Mandates from one TPAP (Source App) to another TPAP (Destination App) without needing to cancel and re-create the Mandate. This ensures continuity of recurring payments for subscriptions, bills, loan repayments or investments.
   • Migration of Mandates from another TPAP to PhonePe App (Porting-In):
     You shall follow the below mentioned steps for migrating a Mandate from another TPAP to PhonePe App: –
     • Under the relevant section of the PhonePe App, You will get an option to view all Your active Mandates linked to Your mobile number and Payment Account across the UPI ecosystem. 
     • After receiving a successful response from the NPCI and the Issuer, We will display the list of Unique Mandate Reference Number (UMRN), Eligible Merchant name, frequency (Monthly/Quarterly/As presented), and the maximum amount. From the displayed list, You can select the specific Mandate(s) you wish to migrate to PhonePe App from another TPAP. 
     • Once you select Mandate(s) for migration, We will validate if your linked Payment Account on another TPAP is compatible with the Mandate requirement. 
     • As per NPCI security guidelines, You have to enter your UPI PIN for authorizing the Mandate registration on the PhonePe App. Upon successful PIN entry, the UMRN will be updated in the UPI ecosystem, and We will issue a digital confirmation of the successful Mandate registration. The Eligible Merchant will be notified of the change for future Mandate Executions.
   • Porting-Out (From PhonePe App to another TPAP):
     If you choose to move an active Mandate managed by PhonePe App to another TPAP (Destination App) then the porting request must be initiated on the Destination App. We will receive a notification/request from NPCI regarding the port-out. Upon successful validation and your authentication on the Destination App, we will release our claim as the managing TPAP for that specific UMRN. Once ported out, We will no longer provide notifications, modifications, or execution services for that specific Mandate. Once ported out, You have to reach out to the Destination TPAP for any queries related to the Mandate. 
9. Charge(s)
   PhonePe does not charge its Users any fee for Autopay facility; however, We reserve the right to change the fee policy from time to time, subject to Applicable Laws. We may introduce fees (with applicable taxes) for any new services or amend/introduce fees for existing services. Changes to the fee(s) will be displayed accordingly to You  via the PhonePe App/ website/ PhonePe Platform, and such changes will automatically become effective immediately after they are posted.
10. User Responsibilities and Obligations
    You agree and acknowledge to the following:
    1. PhonePe is only a facilitator of payments for Mandate(s) triggered by Your Issuer for Automated Payment(s) and not a party to the payment transaction.
    2. All Mandate Execution(s) shall happen via PhonePe App, based on the Mandate(s) validated by You and details shared by you for the Mandate Registration via PhonePe App.  PhonePe shall not be responsible for any verification of amount(s) deducted from Your Payment Account and/or for any double payment for a particular Automated Payment. It shall be Your responsibility to verify the details provided/ authorised for each Mandate under this functionality via PhonePe App.
    3. You agree and acknowledge that you are solely responsible for maintaining and updating the mobile number linked to Your Mandate. In the event that You change, deactivate, or give up your mobile number, any pre-authorized Mandate You had established with Eligible Merchants may continue to be processed and debited from Your linked financial accounts. If Your previous mobile number is recycled by the telecom provider under the Mobile Number Churn List (MNRL) and registered by a new User on PhonePe App, that User will not have access to any of your historical data, personal information, or active Mandates. If You no longer use a mobile number and wish to stop any active Mandates associated with it, it is Your sole responsibility to contact the respective Eligible Merchants directly to revoke or modify the  Mandates. PhonePe shall not be held liable for any debits processed under active Mandates after You relinquish your mobile number.
    4. PhonePe shall not hold any responsibility for any issues, concerns or dispute(s) in relation to the good(s), service(s) undertaken by You in relation to an Automated Payment(s), from the Eligible Merchant. You can directly reach out to the Eligible Merchant(s) in relation to Your issue(s) arising out the good(s) / service(s) in this regard. 
    5. You agree and acknowledge to maintain sufficient balance in Your Payment Account for a successful Mandate Execution. PhonePe shall not be responsible for any liabilities in relation to any failure or decline in the Mandate Execution due to non-availability of sufficient funds in your Payment Account. 
    6. It shall be Your responsibility to regularly review Your Action(s), Mandate(s), Mandate Execution(s) enabled via PhonePe App under this functionality. PhonePe shall not be liable for any unauthorised charges, penalties, late fee(s) levied by Your Issuer / Eligible Merchant in relation to Automated Payment(s), or for any discrepancies in relation to the Mandate Registration / Mandate Limit set by You in relation to an Automated Payment.
    7. You agree to ensure compliance and adherence to the Mandate Limit(s) prescribed by RBI / NPCI under relevant guidelines / applicable law(s) for Automated Payment enabled under this feature. 
11. Indemnity and Liability
    1. In no event will PhonePe be liable for any indirect, consequential, incidental, special or punitive damages or liabilities (including statutory), including without limitation damages for loss of profits or revenues, business interruption, loss of business opportunities, loss of data or loss of other economic interests, whether in contract, negligence, tort or otherwise, arising from the use of or inability to use the features listed under these Autopay Terms. The aggregate liability, if any, shall in no event exceed the amount of the Valid transaction giving rise to the cause of action, or Rupees One Hundred (Rs. 100), whichever is lesser.
    2. You shall indemnify and hold harmless PhonePe, PhonePe Entities, its owners, licensees, (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party, and/or penalty imposed due to or arising out of Your usage of the features mentioned under these Autopay Terms, Your breach of these Autopay Terms, UPI ToU, Privacy Policy, the Terms and other policies/ terms, and/or Your violation of any Applicable Laws or the rights (including infringement of intellectual property rights) of a third party.
12. General
    1. These Autopay Terms shall be governed by the laws of India, without respect to its conflict of laws principles. Any claim or dispute between You and PhonePe that arises in whole or in part from in relation to these Autopay Terms shall be decided exclusively by a court of competent jurisdiction located in Bangalore.
    2. PhonePe disclaims all warranties, express or implied, regarding the accuracy and genuineness of this functionality made available pursuant to these Autopay Terms. PhonePe does not make any warranties or representations, express or implied, about the quality and availability of Autopay feature, Reserve Pay feature, PhonePe UPI, PhonePe Platform, including, but not limited to, any warranty(ies) of merchantability, fitness for a particular purpose or non-infringement of third-party intellectual property rights. The services are provided “AS IS”, “AS AVAILABLE” and with all faults. PhonePe is merely a facilitator of the transactions and is not a party to the transactions. We endeavour to execute and process transactions as per the defined process, however, PhonePe disclaims all liability in relation to these Autopay terms, PhonePe UPI, including but not limited to those arising out of the failure of the transactions, non-availability PhonePe UPI or PhonePe Platform, any non-responsiveness, delay, failure of systems and/or legality of the transactions; PhonePe shall also not be liable for any error, failure, disruption, or non-availability of any feature of PhonePe UPI, PhonePe Platform, PhonePe Services, transactions, etc. Please reach out to Your Issuer for any issues arising out of any transaction. All the transactions are strictly between the payee and payer, without any liability on PhonePe whatsoever.
    3. Your transaction records and other logs maintained with Us shall be final and binding as a proof of the transaction and Your use of Autopay and UPI/ PhonePe UPI.
    4. The Terms of Use of PhonePe UPI; General Terms and Conditions and PhonePe Privacy Policy shall be deemed to be incorporated into these Autopay Terms by reference. In case of any conflict between these Autopay Terms and the Terms of Use of PhonePe UPI; General Terms and Conditions and PhonePe Privacy Policy, these Autopay Terms shall prevail with respect to this functionality enabled via these Autopay Terms.