These terms and conditions for PhonePe HDFC Co-Branded Card set out the specific terms and conditions governing your use of mobile application “PhonePe” (“PhonePe App”) or the website www.phonepe.com, as applicable (collectively “PhonePe Platform”) to apply for the Card (defined below) and to use any features on the PhonePe Platform related to the Card. By proceeding to use the PhonePe Platform for the PhonePe HDFC Co-Branded Card (“Card”), You signify your express consent to be bound by these specific Terms and Conditions for PhonePe HDFC Co-Branded Cards, all the terms incorporated by reference into these terms including the PhonePe Terms and Conditions (“PhonePe T&Cs”) available at https://www.phonepe.com/terms-conditions/, the Privacy Policy available at https://www.phonepe.com/privacy-policy/, and all other applicable terms, policies and guidelines issued by PhonePe (defined below) from time to time (collectively referred to as “Terms”). If you do not agree to the Terms, then you shall not use the PhonePe Platform for the Card or any other connected or ancillary service on the PhonePe Platform.
We state and you acknowledge that PhonePe Limited (Formerly known as ‘PhonePe Private Limited’) (“PhonePe”, “We”, “Our”, “Us” ) has entered into an arrangement with HDFC Bank Limited (“Bank”) for the launch of the Co-Branded Credit Card Program and for the purpose of marketing and promoting the Card. We expressly clarify and you acknowledge that while the Cards are marketed and promoted by both PhonePe and the Bank, the Bank is the issuer of the Card and PhonePe does not issue the Card(s) and is merely a co-branded partner.
- Basic Eligibility
You should be legally competent to apply for the Card. You should be above eighteen (18) years of age, of sound mind, a resident of India and not prohibited by applicable law to apply for the Card. You acknowledge and agree that the Bank reserves the right to amend/impose eligibility conditions and to determine your eligibility to apply for the Card.
- Card
The Card is issued by the Bank. PhonePe does not guarantee that you will be issued the Card. The Bank reserves all the rights to ascertain your credit worthiness, to accept/decline to issue the Card to you at their sole discretion, determine the Card limits, and all other matters connected with the issuance and use of the Card.
- Applying for the Card
To apply for the Card, you may visit the PhonePe HDFC Co-Branded Card landing page on the PhonePe Platform, follow the on-screen instructions and provide the information sought by the Bank in the application form for the Card. You confirm that all the information that you provide in the application form is true, complete, accurate and up to date. You expressly authorize PhonePe to collect and transmit the application form and all the information contained in it, to the Bank. You acknowledge and agree that the Bank may, in its sole discretion, accept or decline to issue the Card and We will have no role and do not make any representations, warranties or guarantees in relation to such approval or decline of the Card application by the Bank. The same shall be governed as per the terms agreed between You and the Bank.
- Communications
You acknowledge and agree that we may contact you to convey information regarding: (a) the Card; (b) the activities that you undertake on the PhonePe Platform in relation to the Card; (c) information about us, the Bank, and their products or services; (d) marketing and promotion of the Card, the benefits associated with it, the products or services offered by any third parties, (e) any offers, marketing campaigns or the welcome benefits or the rewards program and (f) any other matter in relation to the Card or matters connected to it. In case you access the PhonePe Platform on behalf of a third party, you acknowledge and agree that we are 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 ensure that all consents from such third parties are obtained in order for us to send such communications.
You acknowledge and agree that our communications may be in the form of platform notifications, alerts, emails, WhatsApp messages, phone calls, or other viable modes of communication.
You authorize us, the Banks, our third-party service providers to communicate with You for any of the said purposes under any of the aforementioned modes. You hereby expressly waive your any adverse preference made under Do Not Disturb (“DND”)/National Customer Preference Register (“NCPR”) list under the applicable law including regulations made by Telecom Regulatory Authority of India(“TRAI”). You agree to provide us with additional authorisations, documents as may be necessary for us to respond to any query raised by TRAI.
While we take 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. Thus, we shall not be held responsible or liable for non-receipt of any communications.
While we make the communications in good faith, please note that we make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, availability, legality, validity, reliability, or completeness of the communication. Under no circumstance we shall be held responsible or liable for any loss or damage of any kind any person incurs in relation to any use of or reliance upon the content of any communication.
- Benefits
From time to time, we may provide rewards, discounts, cashbacks, and other offers (“Benefit(s)”). You are required to meet the eligibility conditions and abide by the specific terms and conditions applicable for such Benefits, in order to avail Benefits.
We reserve the right to disqualify you if you fail to meet the Benefit requirements, to discontinue or change any offer or Benefit at any time, without incurring any liability.
Please note you shall not participate or avail any Benefits if the laws of your state/territory prohibit you.
- Bank Terms and Conditions.
You shall abide, and be bound, by all the terms and conditions stipulated by the Bank in relation to the Card, including without limitation the MITC, KFS etc.
- PhonePe Platform
You acknowledge and agree that all the Card information displayed to you on the PhonePe Platform is relayed by the Bank directly to you and the Card actions that you may undertake through the PhonePe Platform are transmitted to the Bank’s technical infrastructure through a technical integration. As a cobrand partner to the Bank, we do not access your Card information.
- Indemnity
You will be responsible and shall indemnify and hold us, our affiliates, Bank, partners, third party service providers, contractors, licensors, their directors, managers, officers, employees, and agents harmless from and against all losses arising from claims, demands, actions or other proceedings (including those initiated by third parties) arising as a result of or in relation to
- Your breach of the Terms, including any terms which are incorporated herein, or which incorporate the Terms.
- Your breach of, or default in complying with any applicable law.
- Fraud, wilful misconduct or gross negligence committed by you.
- Any false, incorrect, misleading, or incomplete information provided by you.
- 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.
- Any of your acts or omissions in using the PhonePe Platform.
- Exclusion of liability
You acknowledge and agree that we shall not be responsible or liable for
- any loss or damage suffered by you on account of the possession/ use of the Card, including as a result of any fraud or misuse in connection with use of the Card by any third party.
- any dispute arising out of or in connection with your possession/ use of the Card.
- any refusal/ failure of any person/merchant establishment to honor or accept the Card.
- any action or omissions of the Bank in relation to your Card including any disputes between you and the Bank in relation to the Card or the rewards/ benefits offered by the Bank.
- any charges levied on your Card or for its usage.
Notwithstanding anything to the contrary, (i) we 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) our 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.
- Express Consents
You authorise us to disclose your information to the Bank for the purpose of processing your application for the Card and or any other entity for the purpose of Benefits management.
You authorise and give your consent to us to record and store your consent(s) and use your consents for record keeping and evidentiary purposes including before a court of law, any authority or in arbitration.
- 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.
- Queries
For any queries, You may refer to the questionnaire section on the specific page on the PhonePe Platform. If your query is unresolved from such a questionnaire section, then you may direct your queries to our support team for resolution by raising a ticket on the PhonePe Platform.
- Other Terms
We reserve 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 use of the PhonePe Platform after the modification or addition to the Terms shall be deemed to be acceptance of such modified or additional terms.
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 terms and conditions for PhonePe HDFC Co-Branded Card by reference to the PhonePe T&Cs.
Capitalized terms not defined herein shall have the meaning ascribed to them in the PhonePe T&C’s.