This document is an electronic record in terms of Information Technology Act, 2000 including any amendments thereof, 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 electronic record is generated by a computer system and does not require any physical or digital signatures.
These Terms of Use – Stores (“Terms”) govern the information provided on the ‘Stores’ tab on the PhonePe mobile application (“Information”). The PhonePe mobile application (“PhonePe App”) is being offered byPhonePe Limited (Formerly known as ‘PhonePe Private Limited’), a company incorporated under the Companies Act, 1956 with 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. (hereinafter referred to as “PhonePe“).
By accessing the ‘Stores’ tab on the PhonePe App (“Stores”), you agree to be bound by these Terms. We may amend these Terms at any time by posting an updated version on PhonePe website(s) and/or PhonePe App. The updated version of these Terms shall take effect immediately upon posting. It is Your responsibility to review these Terms periodically for updates / changes, if any. Your continued use of PhonePe App following the posting of changes shall mean that You accept and agree to the revision(s)/modification(s).
Information on Stores
Based on Your location (as may have been allowed by You while accessing the PhonePe App in general or as indicated by You while on Stores in particular), PhonePe, on Stores, provides You Information about nearby service providers (which without limitation includes shops, outlets, establishments and individuals and are hereinafter collectively referred to as “Service Entities”) across categories such as grocery, healthcare, wellness, food, beverages, retail, shopping, entertainment, hotels, lodgings etc.
Except as expressly provided herein and to the full extent permitted by law, the Information about the Service Entities (including their product/service offerings, open/closed status, contact information, address, directions, payee details, photographs etc.), as declared/submitted by the Service Entities to PhonePe, and reviews/average ratings for the respective Service Entities as submitted by user(s) of PhonePe mobile application, are displayed by PhonePe on Stores on “as is”, “as available” and “with all faults” and are meant for Your reference only
While accessing/using such Information on Stores, You shall exercise abundant caution and reasonable due diligence before (a) interacting with or providing Your information to (whether independently or through the chat feature enabled within Stores) or (b) purchasing/availing any product(s)/service(s) (including PhonePe ATM service) from such Service Entities.
Disclaimers
You agree that all risks arising from usage of Information on Stores shall be borne by You and that You shall not hold PhonePe liable with respect to the same in any manner whatsoever. Further, all disputes regarding the quality, merchantability, deficiency, non-delivery, delay in the delivery of the product(s)/service(s) shall be resolved directly between You and the Service Entities and that PhonePe shall not be made a party to any of such disputes.
- PhonePe disclaims all warranties, express or implied, regarding the accuracy and genuineness of Information made available on Stores. PhonePe does not authorise anyone to make any warranty on its behalf and You should not rely on any such statement. It is Your responsibility to evaluate the accuracy, completeness and usefulness of the Information made available on Stores.
- The Service Entities shall not be considered as representing PhonePe and the product(s)/service(s) provided by such Service Entities shall not be construed as product(s)/service(s) belonging to/provided by/facilitated by PhonePe, in any manner whatsoever.
- With respect to the PhonePe ATM service, PhonePe shall not be responsible for any dispute between You and the respective Service Entities due to reasons, including, but not limited to, non-payment of amount by Service Entity, difference in amount paid, denomination related issue(s), counterfeit currency. You shall avail the same solely at Your own risk.
Miscellaneous
- You agree to indemnify and hold PhonePe, its affiliates, employees, directors, officers, agents and representatives, harmless, from any and all losses, damages, actions, claims and liabilities (including legal costs) which may arise, directly or indirectly, from any interaction with or purchase/availing of product(s)/service(s) from the Service Entities in any manner whatsoever.
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 information provided, however caused and whether arising in contract, tort, negligence, warranty or otherwise.
If You have a dispute with the Service Entities, You release PhonePe (including its affiliates and officers, directors, agents, and employees thereof) from all 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. - These 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 Terms shall be decided exclusively by a court of competent jurisdiction located in Bangalore.
- The PhonePe Terms of Use and PhonePe Privacy Policy shall be deemed to be incorporated into these Terms by reference.