Co-branded Credit Cards Terms and Conditions

These terms and conditions (the “Co-Branded Card T&Cs”) govern the various co-branded credit cards (the “Co-Branded Card(s)”) issued by various Card Issuers (as defined below) under arrangement(s) with PhonePe Limited (Formerly known as ‘PhonePe Private Limited’) (“PhonePe”, “We”, “Our”, “Us”), where We are the co-branding partner for such Co-Branded Cards. The specific terms and conditions set out herein govern your (“You” / “Your”) use of the “PhonePe” mobile application (the “PhonePe App”) or the www.phonepe.com website, as applicable (collectively, the “PhonePe Platform”) wherein You may apply to Card Issuers for issuance of any Co-Branded Cards and/or access/ use any features/ aspects related to any of the Co-Branded Cards as may be available on the PhonePe Platform. 

PART A – GENERAL TERMS AND CONDITIONS APPLICABLE TO ALL CO-BRANDED CARDS

By proceeding to use the PhonePe Platform in relation to any of the Co-Branded Cards, You signify Your express consent to be bound by: (i) these Co-Branded Card T&Cs; (ii) all the terms incorporated by reference into these Co-Branded Card T&Cs including the PhonePe Terms and Conditions available at https://www.phonepe.com/terms-conditions/ and the PhonePe Privacy Policy available at https://www.phonepe.com/privacy-policy/; and (iii) all other applicable terms, policies and guidelines issued by PhonePe from time to time (collectively referred to as the “Terms”). If you do not agree to the Terms, then you shall not use the PhonePe Platform in relation to any Co-Branded Card(s) or any other connected or ancillary service as may be available on the PhonePe Platform.

We state and You hereby understand, agree and acknowledge that:

1. PhonePe has entered into arrangements with each of the banks/non-banking financial companies listed under Part B of these Co-Branded Card T&Cs (Specific Terms and Conditions) (collectively, the “Card Issuers”) for the launch of various Co-Branded Card programs and for the purpose of marketing and promoting the Co-Branded Cards.

2. We expressly clarify and you understand, agree and acknowledge that:

1. The respective banks/non-banking financial companies listed under Part B of these Co-Branded Card T&Cs are the issuers of the respective Co-Branded Cards, and PhonePe is not the issuer of any of the Co-Branded Cards;
2. The Co-Branded Cards are marketed and promoted by the Card Issuers and PhonePe;
3. PhonePe’s role is limited to marketing and distribution of the Co-Branded Cards in its capacity as a co-branding partner of each Card Issuer in respect of such Card Issuer’s Co-Branded Card; and
4. information relating to transactions undertaken through any Co-Branded Card is not and will not be shared with PhonePe at any time, but the same may be made accessible to You on the PhonePe Platform, as permitted.

3. Basic Eligibility

1. You must be legally competent to apply for a Co-Branded Card. You must be above eighteen (18) years of age, of sound mind, a resident of India and must not be prohibited by applicable law to apply for a Co-Branded Card. 

2. You understand, acknowledge and agree that You must meet the eligibility criteria that may be prescribed by the Card Issuers, and that each of the Card Issuers reserves the right to impose additional eligibility conditions.  The decision of the Card Issuer shall be final in this regard.

4. General Terms and Conditions applicable to the Co-Branded Cards

1. Each Co-Branded Card is issued by the respective Card Issuer and the relevant Card Issuer reserves all rights to ascertain Your eligibility, credit worthiness etc., to approve/decline the issuance of a particular Co-Branded Card to You, to determine the limits applicable to a particular Co-Branded Card, and all other matters connected with the issuance and use of the Co-Branded Card.

2. Your usage of any Co-Branded Card shall be governed by the terms and conditions communicated to You by the respective Card Issuer from time to time. The Card Issuer’s terms and conditions governing each Co-Branded Card are available at the hyperlinks set out below in Part B of these Co-Branded Card T&Cs.

3. PhonePe is not and cannot be a party to any transactions or arrangements between You and the respective Card Issuer. In consideration of the foregoing, You hereby unconditionally and irrevocably release PhonePe from any and all claims, actions, liabilities arising out of Your usage of any Co-Branded Card (including as a result of any fraud or misuse thereof) and understand that any such claims, actions, liabilities will lie solely against the Card Issuer.

5. Applying for a Co-Branded Card

1. In order to apply for a Co-Branded Card, You may visit the relevant landing page for such Co-Branded Card as available on the PhonePe Platform, follow the on-screen instructions and provide the information sought by the Card Issuer in the application form for such Co-Branded Card.

2. You confirm that all the information that you provide in the application form is true, complete, accurate and up to date. You understand that You shall be responsible for the accuracy and correctness of all information furnished in connection with a Co-Branded Card. All information that you provide in the application form shall be shared with the relevant Card Issuer ‘AS-IS’ and PhonePe disclaims any responsibility therefrom.

3. You unconditionally and irrevocably release PhonePe from any liability arising out of erroneous, incorrect or incomplete information provided by You. You are required to immediately notify PhonePe and the relevant Card Issuer in the event there is any error in the information You have furnished in connection with a Co-Branded Card.

4. The Card Issuers and PhonePe (to the extent applicable) may use Your information/data (including personal or sensitive personal data or information) in furtherance of providing services arising out of or in connection with the Co-Branded Cards. 

5. You acknowledge and agree that the Card Issuer may, in its sole discretion, accept or decline to issue a Co-Branded Card to You. PhonePe is merely a marketing and distribution facilitator and as such, PhonePe does not guarantee that You will be issued any Co-Branded Card. 

6. PhonePe does not have any role in and does not make any express or implied representations, warranties or guarantees related to any of the Card Issuers’ discretion to approve/decline Your application for any Co-Branded Card and its use/ operations thereof, and the same shall be governed by the terms agreed upon between You and the Card Issuer.

6. Communications

1. You acknowledge and agree that PhonePe may contact You to convey information regarding: (a) the Co-Branded Cards; (b) the activities that you undertake on the PhonePe Platform in relation to the Co-Branded Cards; (c) information about PhonePe, the Card Issuer, and their products or services; (d) marketing and promotion of the Co-Branded Cards, the benefits associated with the Co-Branded Cards, the products or services offered by any third parties; (e) any offers, marketing campaigns or the welcome benefits or the rewards program associated with the Co-Branded Cards and (f) any other matter in relation to the Co-Branded Cards or matters connected thereto. 

2. In case You access the PhonePe Platform on behalf of a third party, You acknowledge and agree that PhonePe is permitted to send any or all of the above communications to such third parties whose information You have made available on the PhonePe Platform. You shall be responsible to ensure that all consents from such third parties are obtained in order for us to send such communications.

3. You acknowledge and agree that PhonePe communications may be in the form of notifications on the PhonePe Platform, alerts, emails, messages, phone calls, or other viable modes of communication.

4. You authorize PhonePe, the Card Issuer, and PhonePe’s third-party service providers to communicate with You for any of the purposes set forth herein through any of the channels set forth in Clause 6.3 above. You hereby expressly waive any adverse preference You may have made under Do Not Disturb (“DND”)/National Customer Preference Register (“NCPR”) list under the applicable law including regulations made by the Telecom Regulatory Authority of India (“TRAI”). You agree to provide PhonePe with additional authorisations, documents as may be necessary for PhonePe to respond to any query raised by TRAI.

5. While PhonePe takes reasonable steps to ensure that the communications are properly sent, there may be failure in sending communications owing to issues such as any restrictions on the contact information, phone number being registered under the DND list, insufficiency in email data storage, errors with telecom service providers etc.  In consideration of the foregoing, PhonePe shall not be held responsible or liable for non-receipt of any communications.

6. While PhonePe makes all communications in good faith, please note that PhonePe makes no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, availability, legality, validity, reliability, or completeness of any communication. PhonePe shall not be held responsible or liable under any circumstance for any loss or damage of any kind incurred by any person in relation to any use of or reliance upon the content of any communication made by PhonePe.

7. Express Consents

1. You expressly authorize and provide your consent to PhonePe:

1. to share all the information/data (including personal or sensitive personal data or information) contained in the application form with the relevant Card Issuer; and

2. to share any information/data (including personal or sensitive personal data or information) You have previously furnished on the PhonePe Platform with the relevant Card Issuer.

2. You understand that any information/data (including personal or sensitive personal data or information) shared with the relevant Card Issuer shall be used by the Card Issuer for the following purposes:

1. to process Your information/data for the purposes of credit decisioning, credit appraisal, credit risk analysis, and to undertake fraud and anti-money laundering checks;

2. to subsequently share Your information/data with credit information company(ies) for the purpose of obtaining credit scores, credit information and/or credit evaluation report therefrom; and

3. to reach out to You through various communication channels in order to offer new products and/or services. 

3. You authorise PhonePe and provide Your consent to PhonePe disclose your information/data (including personal or sensitive personal data or information) to the relevant Card Issuer for the purpose of processing your application for the relevant Co-Branded Card and/or any other entity for the purpose of Benefits management.

4. You authorise PhonePe and provide Your consent to PhonePe to record and store Your consents and use Your consents for record keeping and evidentiary purposes including before a court of law, or any authority or in arbitration.

8. Benefits

1. From time to time, PhonePe may provide/ facilitate rewards, discounts, cashbacks, and other offers in connection with the Co-Branded Cards (collectively, the “Benefit(s)”). In order to avail any Benefits, You are required to meet the eligibility conditions and abide by the specific terms and conditions applicable to such Benefits.

2. PhonePe reserves the right to disqualify You if You fail to meet the requirements applicable to any Benefit(s), or to discontinue or change any offer or Benefit at any time, without incurring any liability.

3. Please note You shall not participate or avail any Benefits if the laws of your State/territory prohibit You from doing so.

9. Card Issuer Terms and Conditions

You shall abide, and be bound, by all the terms and conditions stipulated by the respective Card Issuer in relation to the relevant Co-Branded Card, including without limitation the terms and conditions set forth in Part B of these Co-Branded Card T&Cs. Please refer to the Card Issuers platform/ communications for more details.

10. PhonePe Platform

As a co-branding partner of the Card Issuer, PhonePe does not access any of Your Co-Branded Card information. You acknowledge and agree that all the information pertaining to a Co-Branded Card displayed to You on the PhonePe Platform is relayed by the respective Card Issuer directly to You and any and all card actions that You may undertake through the PhonePe Platform are transmitted to the concerned Card Issuer’s technical infrastructure through a technical integration. 

11. Grievance Redressal

1. Any grievances relating to the PhonePe Platform shall be governed by the PhonePe Grievance Policy available at https://www.phonepe.com/grievance-policy/.

2. Any grievances relating to the usage of a Co-Branded Card shall be governed by the respective Card Issuer’s grievance redressal policy. Any such grievances which may be brought to the attention of PhonePe shall be redirected to the relevant Card Issuer and You hereby understand agree and acknowledge that PhonePe shall not be liable to resolve any grievances pertaining to the usage of a Co-Branded Card.

12. Indemnity 

You shall indemnify and hold harmless PhonePe and its affiliates, the respective Card Issuer(s), partners of PhonePe and Card Issuer’s, third party service providers, contractors, licensors, directors, managers, officers, employees, and agents from and against any and all losses, penalties, costs, expenses (including attorney’s fees), or any third party claims arising out of or in connection with any claims, demands, actions or other proceedings (including those initiated by third parties) arising as a result of or in relation to: 

1. Your breach of the Terms, including any terms which are incorporated herein, or which incorporate the Terms; 
2. Your breach of, or default in complying with any applicable law;
3. Fraud, wilful misconduct or gross negligence committed by You;
4. Any false, incorrect, misleading, or incomplete information provided by You;
5. fines, penalties, and charges imposed by any statutory, regulatory, governmental authority or any other authority on account of Your use or access of the PhonePe Platform.
6. Any of Your acts or omissions in using the PhonePe Platform.  

13. Exclusion of liability

You acknowledge and agree that PhonePe shall not be responsible or liable for:

1. any loss or damage suffered by You on account of the possession/ use of any Co-Branded Card, including as a result of any fraud or misuse in connection with use of any Co-Branded Card by any third party;

2. any dispute arising out of or in connection with eligibility for, or Your possession/ use of any Co-Branded Card;

3. any refusal/ failure of any person/merchant establishment to honor or accept any Co-Branded Card;

4. any action or omissions of the Card Issuer in relation to Your Co-Branded Card including any disputes between You and the Card Issuer in relation to any Co-Branded Card or the rewards/ benefits offered by the Card Issuer, or the Benefits; and

5. any charges levied on Your Co-Branded Card in relation to its usage.

Notwithstanding anything to the contrary: (i) PhonePe shall not be liable for special, incidental, indirect or consequential damages (including without limitation downtime costs, loss of data, lost profits or any losses due to actions of banks, third parties, third party service providers, contractors, our licensors) regardless of whether such claims are based on contract, tort, warranty or any other legal theory, (ii) PhonePe’s cumulative maximum liability and that of our affiliates, officers, employees and agents will not exceed an amount of hundred rupees only and (iii) the limitations and exclusions shall also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

14. Electronic Record 

The Terms are an electronic record in terms of the Indian Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time (“IT Act”). This electronic record is generated by a computer system and does not require any physical or digital signatures. The Terms are published in accordance with the IT Act (as amended from time to time) and rules made thereunder. The Terms constitute a binding and legally enforceable contract.

15. Queries 

For any queries, You may refer to the dedicated ‘Frequently Asked Questions’ section on the specific page of the relevant Co-Branded Card on the PhonePe Platform. If your query is unresolved from such ‘Frequently Asked Questions’ section, then you may direct your queries to our support team for resolution by raising a ticket on the PhonePe Platform.

16. Other Terms 
    1. Without prejudice to any changes to the terms and conditions of the relevant Card Issuer, PhonePe reserves the right at any time to modify the Terms and to add new or additional terms or conditions. Any modifications to the Terms or the URLs referred to in the Terms will be available at the relevant URL (or a different URL that we may provide from time to time). Any changes to the Terms shall be notified on the PhonePe Platform and such publication shall be construed as sufficient notice to You. You shall be responsible to stay updated regarding any updates, amendments, modifications to any of the Terms. 
    2. All other terms including terms such as User Registration, Privacy, User Responsibilities, Governing Law, Liability, Intellectual Property, Confidentiality and General Provisions etc. are deemed to be incorporated into these Co-Branded Card T&Cs by reference to the PhonePe Terms and Conditions available at https://www.phonepe.com/terms-conditions/.
    3. Capitalized terms not defined herein shall have the meaning ascribed to them in the PhonePe Terms and Conditions mentioned above.

PART B – SPECIFIC TERMS AND CONDITIONS

1. PhonePe ULTIMO HDFC Bank Credit Card and PhonePe UNO HDFC Bank Credit Card

1. The usage of the PhonePe ULTIMO HDFC Bank Credit Card and PhonePe UNO HDFC Bank Credit Card shall be governed by the terms and conditions of HDFC Bank as available at  https://www.hdfcbank.com/content/bbp/repositories/723fb80a-2dde-42a3-9793-7ae1be57c87f/?path=/Personal/Pay/Cards/Credit%20Card/Credit%20Card%20Landing%20Page/Manage%20Your%20Credit%20Cards%20PDFs/MITC%201.64.pdf and the Key Facts Statement as available at https://www.hdfcbank.com/content/bbp/repositories/723fb80a-2dde-42a3-9793-7ae1be57c87f/?path=/Personal/Borrow/Loan%20Against%20Asset%20Landing/LoanAgainst%20Property/KFS%20-%20APR%20Form/KFS-APR-English.pdf.

2. PhonePe SBI Card PURPLE and PhonePe SBI Card SELECT BLACK

1. The usage of the PhonePe SBI Card PURPLE and PhonePe SBI Card SELECT BLACK shall be governed by the terms and conditions of SBI Cards and Payments Services  Limited (“SBICPSL”) as available at https://www.sbicard.com/en/most-important-terms-and-conditions.page and the Key Facts Statement as available at https://www.sbicard.com/sbi-card-en/assets/docs/pdf/key-fact-statement.pdf.

2. Upon receiving confirmation of issuance of the PhonePe SBI Card PURPLE/ PhonePe SBI Card SELECT BLACK, as applicable, and successfully completing the payment of the applicable annual fee to SBICPSL, You shall be entitled to receive PhonePe eGV as per the SBICPSL terms and conditions. The PhonePe eGV shall be governed by the terms and conditions set forth at https://www.phonepe.com/terms-conditions/wallet/.