Terms and Conditions

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Terms and Conditions

This document is an electronic record in terms of Information Technology Act, 2000, amendments thereof from time to time and 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 electronic record is generated by a computer system and does not require any physical or digital signatures.

Please read the terms and conditions carefully before registering, accessing or using the PhonePe Services (defined below). The terms and conditions are legal contract ("Agreement") between You and PhonePe Private Limited (“PhonePe”) having its registered office at Unit No.001, Ground Floor, Boston House, Suren Road, Off. Andheri-Kurla Road, Andheri (East) Mumbai – 400 093, 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 and/or uninstall the mobile application.

We may amend the terms and conditions at any time by posting an updated version at PhonePe website(s) and PhonePe App(s). The updated version of the Terms of Service shall take effect immediately upon posting. It is Your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of PhonePe App following the posting of changes will mean that You accept and agree to the revisions including additional Terms or removal of portions of these Terms, modifications etc. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and avail the Services.

USING PHONEPE APP INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by PhonePe and PhonePe Entity Policies (including but not limited to Privacy Policy) available on the PhonePe website(s) and PhonePe App(s) as amended from time to time.

Definition

“We”, “Us”, “Our” - shall refer to PhonePe and PhonePe Entities.

“You”, “Yours”, “Yourself”, “PhonePe User” - refers to any non-registered individual or corporate body, registered user of PhonePe and PhonePe Entities, including but not limited to PhonePe customers or Merchants.

“PhonePe App” - The mobile application(s), hosted by PhonePe and PhonePe Entities for providing PhonePe services to its users, including merchants and service providers and also includes any and all Services where it acts as an Intermediary .

“PhonePe Website” - Shall refer to www.phonepe.com, which is registered by PhonePe and used as a medium to communicate and inform users of services provided by PhonePe and PhonePe Entities, not limiting to its features, terms and conditions, Our contact details.

“PhonePe Entities” - shall mean group, affiliates, associates and subsidiaries of PhonePe.

‘PhonePe Platform” - Refers to any platform owned/subscribed/used by PhonePe Private Limited or any other PhonePe Entities not limited to websites, mobile applications, devices, URLs/links, notifications, chatbot, or any other communication medium used by PhonePe Entities to provide its services to its Users.

“PhonePe Services” - shall include all services extended / to be extended by PhonePe and PhonePe entity as a group including but not limited to Pre-Paid Instruments, Gift cards, Payment Gateway, Recharges and Bill Payments, Insurance, Mutual Funds, Gold sale & purchase, switch interface/ access including others.

“Service Providers” – Refers to any individual, group of individuals defined under law whose services are used by PhonePe or PhonePe Entities in order to provide the intended Services to You through PhonePe Platform.

“Business Partners” – Shall refer to any individual, group of individuals defined under law with whom PhonePe or PhonePe Entities have a contractual relationship and not limited to Merchants, Advertisers, Deal partners, Financial institutions, switch interface partners

“Participating Platforms / Merchant Partners” - Websites and Platforms that accepts permitted PhonePe Services to make a payment against products or services offered by such platforms.

“Terms of use”/”Terms and Conditions”- are interchangeably used and shall have the same meaning.

Eligibility

By accessing PhonePe Service and PhonePe Platforms, You represent that:-

  • You are 18 years of age or older;
  • You are capable of entering into a contract /legally binding agreement;
  • You have the right, authority and capability to enter into this Agreement abiding by all the provisions of the “terms of use” of PhonePe Services.
  • You are not barred or otherwise legally prohibited from accessing or using services of PhonePe or PhonePe Entities under the laws of India.
  • You are not impersonating any person or entity, or falsely stating your age or affiliation with any person or entity. PhonePe and PhonePe Entities shall reserve the right to terminate your contract to use PhonePe Platform in case of any incorrect representation of the above-mentioned conditions.
  • The mandatory information and Officially valid document(s) “OVD”/ document details mentioned by you are true & correct and belong to You.

PhonePe Services

PhonePe and PhonePe Entities provide services via PhonePe Platform. You further agree and acknowledge the terms of use of PhonePe Services provided on PhonePe Platform.

  • PhonePe Account (“PA”) - PhonePe Account is the account that you create when you sign-up/register with PhonePe.
    • This account allows you to access PhonePe Platform, browse through the PhonePe Service, make payment using debit card, credit cards or net banking collectively known as (‘Payment Gateway Services’) to permissible merchants on PhonePe Platform or on Participating Platforms.
    • You can also avail Recharge & Bill Payment facility made available to PhonePe Users under the Terms of Use of such Service.
    • You would need to register by providing additional information in order to make payment via Unified Payment Interface (“UPI”) and Pre-Paid Instruments (“PPI”) services to make payments to merchants using these modes of payments.
    • Access to PA enables you to browse through PhonePe Services provided by PhonePe Entities and in order to avail, enroll or use any such Service you may need to additionally register for such services by providing some more information as required under the Terms of Use of such products/services.
    • Allows you to store your card details within our secure PCI-DSS zone for use of transactions.
    • Allows you to share and maintain the Know Your Customer “KYC” details and information for underwriting purposes for other financial and non-financial products available on PhonePe App as Services illustrated below:
      • PhonePe Pre-Paid Instrument (“PPI”, “PhonePe Wallet”) & PhonePe Gift Card (“eGV”)
      • Bhim PhonePe UPI (“UPI” - Unified Payment Interface)
      • External Wallets (“EW”)
      • Purchase and redemption of Mutual Funds Units
      • Insurance Solicitation
      • Recharge & Bill Payments (“RBP”)
      • Merchant Payments on PhonePe Platform (“Switch Merchants”)
      • Any other financial product/feature that is provided on PhonePe or PhonePe entities platform, subject to regulatory provisions and permitted by PhonePe.
  • PhonePe Pre-Paid Instrument (“PPI”, “PhonePe Wallet”)&PhonePe Gift Card (“eGV”); These are Payment Instruments issued by PhonePe as per Reserve Bank of India (“RBI”) directives.
  • Bhim PhonePe UPI (“UPI – Unified Payment Interface”); Enables Your to make payment to a merchant or any person as permitted through Your Bank account using the UPI ecosystem.
  • Mutual Fund distribution (“MFD”); enables You to rise request for purchase and redemption of Your Mutual Fund units.
  • Insurance Solicitation; enables You to solicitate insurance as per Your needs.
  • External Wallets (“EW”); enables You to use another authorized Payment Instrument (PPI) to make payment for goods and services on PhonePe Platform.
  • Recharge & Bill Payments (“RBP”); enables You to pay Your bills or recharge Your account with listed service providers on PhonePe Platform.
  • Merchant Payments on PhonePe Platform (“Switch Merchants”); Our in-app service that enables You to access merchant websites/application within PhonePe mobile application and use PhonePe or any other Payment Instruments provided by such merchants.

You further agree to PhonePe Privacy Policy as applicable for PhonePe and PhonePe Entities.
In order to avail PhonePe Services, you need a mobile, internet or any other supported device that meets the compatibility requirements of accessing PhonePe app and PhonePe website, which may change from time to time. PhonePe may further release updates to its application and You are required to update the PhonePe app as and when available for you, in order to continue availing PhonePe Services.
You agree that your mobile device, mobile service provider or any other services that you may avail from anybody to access PhonePe Platform, may incur charges and you are solely responsible for such charges, terms of use, fees as per your agreement with the third party.

Sign-Up / Registration

In order to use the full spectrum of PhonePe Services, You need to register on the PhonePe App and provide Us with accurate and complete information. You are also required to keep your accounts, KYC details and contact information complete and updated at all times.

Once you sign-up on PhonePe, you are entitled to a Phone Account. You can also register with PhonePe from any third party merchant platform subject to certain conditions and limitations available on PhonePe website & application. Once registered with PhonePe, certain services may ask you for additional information in order or avail such service and may involve creation of sub-accounts for availing such services.

The device on which You download PhonePe App and use during registration, shall become Your registered device and device details shall be stored by us. The moment You log into your PhonePe account from a different device using the PhonePe app, You will be asked to allow PhonePe 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 PhonePe account using your previous device until you re-login and re-authorize yourself on that device.

Your conduct on Website(s) and Application(s)

In order to access PhonePe Services, you are required to provide information about yourself as part of the signup process, or as part of your ability to use services provided by Us. You agree that any information you provide will always be accurate, correct, and up to date and some services may require you to share additional information which might include your personal information, personal sensitive information. Your information management shall be as per PhonePe Privacy Policy.

You shall promptly inform PhonePe of any unauthorized usage of your PhonePe Wallet or loss of mobile device and any other circumstances which may lead to unauthorized usage of your PhonePe Account. The responsibility of any transaction prior to intimation, will solely be on the registered User;

You understand that while availing services offered by Merchants and your payment to merchants using any of PhonePe Services (Prepaid PhonePe Wallets, eGVs, Unified Payment Interface, Payment Gateway), you understand that we are not a party to the contract between you and the Merchant and act only as an Intermediary ( IT Act 2000). PhonePe does not endorse any advertiser or Merchant linked to its website or app. Furthermore, PhonePe is under no obligation to monitor the Merchant's service used by you; the Merchant alone will be responsible for all obligations under the contract including (without limitation) warranties or guarantees. Any dispute with or complaint against any Merchant must be directly resolved by you with the Merchant. It is clarified that PhonePe shall not be responsible or liable for any deficiency in goods and/or services purchased using PhonePe Wallet balance. You are instructed to satisfy yourself regarding the quality, quantity and fitness of any good and/or service before purchasing the same.

You agree that in case any amount is transferred erroneously by You to any Merchant, Participating Platforms or any other person, PhonePe shall not be liable to refund such amount to You under any circumstances.

You further agree that Any web-link on the website to a third-party site is not an endorsement of that web-link. By using or browsing any such other web-link, you shall be subject to the terms and conditions in each such web-link.

You agree that if You provide any information that is incorrect, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is incorrect, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access PhonePe Platform and/or take necessary steps in accordance with applicable Law without any further notice.

You are responsible for maintaining the confidentiality of any login information and secure access credentials associated with your PhonePe account. Accordingly, you are responsible for all activities that occur under your account/is using your secure credentials and PhonePe shall not be liable for any such change or action performed by using your secure credentials on PhonePe Platform.

Attempting to access PhonePe Platform using any other means apart from ones provided by Us is strictly prohibited and shall be deemed unauthorized access, whether attempted or accessed through any automated, unethical or unconventional means. Further you should not directly or indirectly engage in any activity using device, software or any routine process that disrupts or interferes with our ability to service you or any other user(s) on PhonePe Platform, including the servers and/or networks to which our resources are located or connected. You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by You, as explained above, and may incur criminal or civil liability.

You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual or digital process, to access, acquire, copy or monitor any portion of the PhonePe Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the PhonePe Platform or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the PhonePe Platform.

You shall not probe, scan or test the vulnerability of the PhonePe Platform or any network connected to the Us, You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to PhonePe Platform, or any other customer, including any account on the PhonePe Platform not owned by You, or exploit the PhonePe Platform or any PhonePe Service or information made available or offered by or through the PhonePe Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the PhonePe Platform.

    You further agree that -
  • In the event of any dispute, PhonePe records shall be binding as the conclusive evidence of the transactions carried out through use of PhonePe Services.
  • PhonePe shall send all customer communications by SMS and/or email and they shall be deemed to have been received by You after they have been submitted for delivery to the SMS/email service providers.
  • Agree to receive all commercial messages including transactional messages from PhonePe/ Merchant.
  • To use the PhonePe Services in good faith and in compliance with all applicable laws and regulations.
  • You would be solely responsible for payment of any taxes, duties or other governmental levies or any financial charges that may be imposed on any products or services purchased or supplied by a Merchant or otherwise arising from online transactions.
  • ensure that the PhonePe Services are not used for transactions in foreign currency, unless permitted for any PhonePe Service.

Single Sign On (SSO)

By registering and signing into PhonePe Account, We create an username and secure access credentials for You to access PhonePe services on PhonePe Platform and other participating platforms. For convenience, PhonePe creates Single Sign On Service (P-SSO), which helps you access PhonePe Services available on PhonePe Platform and other participating platforms.

You understand that P-SSO will be used to register and access PhonePe Services and the credentials you share as part of the registration process would be owned and managed by PhonePe and will be shared with PhonePe Entities upon Your request or simply by accessing any PhonePe Services provided by them.

P-SSO, with your authorization can be used to access or register on the switch interface with “Switch Merchants”, However, your secure credentials would not be shared with any “Switch Merchants”. You can use your P-SSO in order to access your PhonePe Account or pay using permissible PhonePe Services on participating platforms without logging into your PhonePe App.

You further agree that PhonePe shall share some limited information provided by you except your secure access credentials to participating platforms as necessary for P-SSO login at participating platforms.

You shall not share the P-SSO credentials with any third party website, portal, person over any communication medium and you understand that your PhonePe account can be misused due to unauthorized disclosure of P-SSO.

You hereby agree and acknowledge that in the event of non- compliance of the Terms of Use for usage and access to Single-Sign-On Services, PhonePe has the right to terminate Your access or access usage limits on Phone account and services without further notice.

Third Party terms and conditions

PhonePe and PhonePe Entities, may provide third party services via PhonePe Platform. You understand that We do not own those services and you may need to accept their respective terms and conditions, ane may require to share additional information in order to avail such products/services provided by third parties on PhonePe Platform PhonePe does not hold any Liability on the information collected from You by third party website or application and We cannot indemnify You for any third party actions.

Offers

PhonePe or PhonePe Entities may invite you to participate in any offer from time to time. You agree that participating in such an offer is subject to your agreement to the respective offer terms and conditions. You also understand that the offers might be provided by third parties on PhonePe Platforms and you may require to agree to respective terms and conditions of third parties. You further agree that offers provided to any user may vary from user to user.

PhonePe reserves the right to disqualify You from any offer in case you do not meet the eligibility criteria for such an offer or any other reasons thereof including but not limited to misuse of offer, misrepresentation, fraud or suspicious transactions/activities, including but not limited to PMLA directives or any at our sole discretion without further notice.

Communication

PhonePe and PhonePe entities may communicate with you on the contact information that you may have provided to Us during the course of your engagement, including but not limited to signup, transacting or availing any third party products or services on PhonePe Platform.

We will send you communication alerts via emails or SMS or push notifications or via other progressive technology. You also agree that there can be disruption in communications due to factors that are not under Our control, including but not limited to Your Phone being switched off, incorrect email address, network interruptions. You agree not to hold PhonePe liable for non-delivery for any alert or any loss suffered by you due to delay, distortion or failure of communication.

You further acknowledge that you are responsible for the contact details shared with Us and shall update us on any change on your contact details. You authorize Us to contact you and communicate with you for any PhonePe Service or Offer(s). We may use third party service providers to send alerts or communicate with you. You authorize PhonePe and PhonePe Entities to override the DND settings to reach out to you over calls, SMS, emails and any other mode of communication.

Intellectual Property Rights

Intellectual Property Rights for the purpose of this Terms of Use shall always mean and include copyrights whether registered or not, patents including rights of filing patents, trademarks, trade names, trade dresses, house marks, collective marks, associate marks and the right to register them, designs both industrial and layout, geographical indicators, moral rights, broadcasting rights, displaying rights, distribution rights, selling rights, abridged rights, translating rights, reproducing rights, performing rights, communicating rights, adapting rights, circulating rights, protected rights, joint rights, reciprocating rights, infringement rights. All those Intellectual Property rights arising as a result of domain names, internet or any other right available under applicable law shall vest in the domain of PhonePe or PhonePe entities as the owner of such domain name. The Parties hereto agree and confirm that no part of any Intellectual Property rights mentioned hereinabove is transferred in the name of User and any intellectual property rights arising as a result of these presents shall also be in the absolute ownership, possession and Our control or control of its licensors, as the case may be.

All material on this PhonePe website and mobile application, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights of PhonePe, PhonePe Entities or Business Partners. Material on Website is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other platform or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited.

Use of Group Companies:

You understand and agree that PhonePe and PhonePe Entities reserve the right to use the services of themselves to provide any of the mentioned PhonePe Services to you within PhonePe Platforms.

Termination

You agree that PhonePe at its sole discretion may terminate your contract without prior notice and restrict your access to PhonePe application if We determine that You have violated the terms of use and You consent that in case PhonePe suffers losses, not limited to monetary losses, due to Your actions, We can take injunctive relief or any other legal action as deemed necessary within the said circumstances and PhonePe is not liable for any loss to You due to termination.

Limitation of Liability

Financial and non-financial transactions performed by You on PhonePe Platform is always processed by You or under Your exclusive authorization.

In no event will PhonePe be liable for any indirect, consequential, incidental, special or punitive damages, 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 Services, however caused and whether arising in contract, tort, negligence, warranty or otherwise, exceed the amount paid by You for using the Services giving rise to the cause of action or Rupees One Hundred (Rs. 100) whichever is less.

Indemnification

You shall indemnify and hold harmless PhonePe, PhonePe Entities, its owner, licensee, affiliates, subsidiaries, group companies (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 or penalty imposed due to or arising out of Your breach of this Terms of Use, privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

Force Majeure

A Force Majeure Event shall mean any event that is beyond the reasonable control of the PhonePe and shall include but not limited to war, riots, fire, flood, acts of God, explosion, strikes, lockouts, slowdowns, prolonged shortage of energy supplies, Pandemic, computer hacking, unauthorized access to computer data and storage devices, computer crashes ,acts of state, governmental, legal or regulatory actions prohibiting or impeding PhonePe Entities from performing its respective obligations under the contract.

Dispute, Governing Law & Jurisdiction

This Agreement and the rights and obligations thereunder and the relations of the parties and all matters arising under or in connection with this Terms of Use, including the construction, validity, performance or termination thereunder, shall be governed by and construed in accordance with the laws of the Republic of India. Subject to and without prejudice to the amicable settlement, the courts in Bengaluru, Karnataka shall have exclusive jurisdiction to try and adjudicate all matters arising in connection with your use of the PhonePe Services /PA or other matters covered herein.

Disputes or differences or concerns if any should be raised within 30 days of happening or non-happening of an event related to PhonePe Services, except in case of unauthorised transactions on Your PhonePe Wallet/eGV, which shall be reported by You as soon as You identify the issue and investigation for such disputes is subject to terms of use of PhonePe PPI (“PhonePe Wallet”/”eGV”)

Disclaimers

As part of this continual innovation and improvement, we sometimes may add or remove features and functionalities, increase, or decrease limits to our PhonePe Services, start offering new services or stop offering old ones on PhonePe Platforms. Such offering can also be due to discontinuation of any service or offering on PhonePe Platform by third party service providers or business partners.

We may record or monitor Our conventions with You for records and monitoring quality of our conversations.

Any content downloaded or otherwise obtained through the use of our Platform is done at your own discretion and risk, and We cannot confirm that such documents or contents are error or virus free and You understand and acknowledge that you are solely responsible for any damage to your devices, for any loss of data that may result from the download of such contents.

PhonePe and third-party partners make no warranty, express or implied regarding the quality of Services including but not limited to:

  • the Services will meet your requirements;
  • the Services will be uninterrupted, timely or error free; or
  • any products, information or material obtained by You in connection with the services will meet Your requirements.

Except as expressly provided herein and to the full extent permitted by law, the PhonePe Services are provided "as is", "as available" and "with all faults". All such warranties, representations, conditions, undertakings and terms, whether express or implied, are hereby excluded. It is Your responsibility to evaluate the accuracy, completeness and usefulness of the PhonePe Services and other information provided by PhonePe or generally available. We do not authorize anyone to make any warranty on our behalf and You should not rely on any such statement.

If you have a dispute with other parties, you release PhonePe (and our affiliates and officers, directors, agents, and employees thereof) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.