Terms Conditions

1. INTRODUCTION

Please read these BHIM terms and conditions ("Terms") carefully before registering, accessing or using the Bharat Interface for Money Application (“BHIM App” or “App”) owned by NPCI BHIM Services Limited (“NBSL”), a wholly owned subsidiary of National Payments Corporation of India (“NPCI”,) (collectively referred to as “We”, “Us” and “Our”). These Terms govern your (“User”, “you”, “your” and “yourself”) use and access of the App. By registering on the App, accessing and/or using the App indicates that you have read, understood, accepted and agreed to be bound by these Terms. However, if you do not agree to or wish to be bound by these Terms, you may stop using the Features and uninstall the App, immediately.

2. ACCEPTANCE

These Terms and Conditions are an electronic record in terms of the Information Technology Act, 2000 and the rules framed thereunder, as applicable and amended from time to time, 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.

3. DEFINITIONS

4. TERMS AND SCOPE OF FEATURES THROUGH THE APP

5. UPI CIRCLE

These terms and conditions (“UPI Circle Terms”) apply to and govern the UPI Circle (Defined Below) feature on the BHIM App. Please read UPI Circle Terms carefully before accessing or using UPI Circle.

The UPI Circle Terms are in addition to and not in derogation of the terms and conditions governing the use of BHIM App (“App Terms”). By enabling, or using, UPI Circle, you acknowledge that you have read, understood and agree to be bound by the UPI Circle Terms.

A) DEFINITIONS

In the UPI Circle Terms, the following words shall have the meanings as set below unless the context indicates otherwise. All other capitalized terms used in the UPI Circle Terms but not defined herein shall have the meaning ascribed to them in the BHIM App Terms.

B) TERMS:

You understand, agree, confirm and undertake that:

1. For Primary User: 2. For Secondary User: 3. Other Terms:

6. e-RUPI Voucher:

E-Rupi Voucher is a one-time and multiple time use contactless, cashless voucher-based mode of payment that helps users redeem the voucher without card, digital payments app, or internet banking access. e-RUPI is a person-specific and even purpose-specific digital voucher, which means these vouchers can be used by person (to whom the voucher is been given) for specific purpose.

A) THE END-TO-END TRANSACTION INVOLVES THE BELOW ENTITIES;

B) TERMS OF USE

C) DISPUTE RESOLUTION

7. USERS ELIGIBILITY

8. YOUR ACCOUNT

9. HARDWARE AND COMMUNICATION SYSTEM

10. USER COVENANTS AND OBLIGATIONS

11. FEES AND PAYMENT TERMS

Registration on the App is free. NBSL does not charge any fee for using the App. However, NBSL reserves the right to introduce fees. Any changes to the fee/pricing policies will be posted on the App and such changes shall automatically become effective immediately after they are posted on the App or at such date as may be prescribed by NBSL in this regard.

12. USE OF THE APP

Subject to compliance with these Terms, NBSL grants you a non-exclusive, revocable, limited privilege to access and use the App and avail / access the Features. You agree to use the App only (a) for purposes that are permitted by these Terms; (b) for purposes for which the App is meant to be used; and (c) in accordance with any Applicable Laws and regulations. All material added, created, uploaded, submitted, distributed, or entered on to the App by you is your sole responsibility. NBSL reserves the right to review any information provided/data uploaded, if any, by you on the App and delete any information/data that is inconsistent with these Terms.

13. PROHIBITED USES

14. MODIFICATIONS TO PLATFORM:

NPCI and/or NBSL reserves the right to modify, suspend, or discontinue the App including the Features and these Terms, at any time without notice

15. LINKS TO THIRD-PARTY WEBSITES:

Links on the App to third-party websites, platforms, content, services and or products (collectively “Third-Party Site”) are provided solely as a convenience to you. Including a link to a Third-Party Site does not constitute or imply endorsement by, or affiliation with, NPCI and/or NBSL of that Third-Party Site, including its operator or its contents, services and/or offerings. If you use these links, you may leave the App. NPCI and/or NBSL is not obligated to review such Third-Party Site, does not control such Third-Party Site, and is not responsible for them. Thus, NPCI and/or NBSL does not endorse or make any representations about such Third-Party Site including any information, software, products, services, content or materials found there or any results that may be obtained from using them. If you decide to access any of the Third-Party Site linked to from the App, you do this entirely at your own risk.

16. OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS:

17. INDEMNIFICATION:

You agree to indemnify, defend, and hold harmless each of NPCI and/or NBSL Parties (as defined below) from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from your (or anyone using your User Account's) breach or violation of these Terms (including without limitation or representation, warranties and or covenant) or misrepresentation with respect to your information or arising out of your violation of any applicable laws, regulations including but not limited to intellectual property rights, payment of statutory dues and taxes, fraudulent transactions or other rights. NPCI and/or NBSL reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with NPCI and/or NBSL’s defence of such claim. This clause shall survive the expiry or termination of these Terms.

18. ELECTRONIC COMMUNICATIONS:

19. TERMINATION

20. DISCLAIMERS

21. LIMITATION OF LIABILITY

22. GOVERNING LAW AND JURISDICTION

These Terms and the relationship between you and NBSL shall be governed by the laws of the India as applied to agreements made, entered into, and performed entirely in India, notwithstanding your actual place of residence. The appropriate courts and forums at Mumbai, Maharashtra shall have exclusive jurisdiction in any proceedings arising out of the use of App and these Terms. NBSL may, however, in its absolute discretion commence any legal action or proceedings arising out of these Terms in any other court, tribunal or other appropriate forum, and you hereby consents to that jurisdiction.

23. GENERAL

These Terms, additional terms to which you agree when using particular elements of the App and the Features, constitute the entire and exclusive and final statement of the agreement between you and NPCI and/or NBSL with respect to the subject matter hereof, superseding any prior agreements or negotiations between you and NPCI and/or NBSL with respect to such subject matter. NPCI and/or NBSL shall neither be liable to the other nor shall be in default if, and to the extent that, the performance or delay in performance of any of its obligations under these Terms is prevented, restricted, delayed or interfered with due to circumstances beyond the reasonable control of NPCI and/or NBSL or any force majeure event. The failure of NPCI and/or NBSL to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavour to give effect to the intentions of NPCI and/or NBSL and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. The Clause titles in these Terms are for convenience only and have no legal or contractual effect. These Terms shall remain in full force and effect notwithstanding any termination of your use of the App and or the Features. These Terms will be interpreted without application of any strict construction in favour of or against you or NPCI and/or NBSL. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by NPCI and/or NBSL without restriction.

24. MODIFICATIONS TO THESE TERMS AND CONDITIONS:

NBSL may, in its sole and absolute discretion, change these Terms from time to time. NBSL may post such modified Terms on the App. If you object to any such changes, your sole recourse shall be to cease using the App and the Features. Your continued use of App and the Features following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages of the App and, in such circumstances, the expressly-designated legal notice or term shall be deemed to be incorporated into these Terms and to supersede the provision(s) of these Terms that are designated as being superseded.

Terms and Conditions for CBDC Services (“Terms”)

These Terms shall be applicable to the Customers (defined below) availing CBDC Services (defined below) on BHIM App (defined below). All the Customers availing the CBDC Services shall or deemed to have read, understood and agreed to be bound by these Terms and/or such other terms as may be updated by NBSL (defined below) from time to time.

A. Definitions:

Under these Terms, the following words and phrases have the meanings set against them unless the context indicates otherwise:

B. Interpretation:

C. Applicability and Acceptance of Terms:

D. Scope and Usage of the CBDC/Digital Rupee:

E. Know Your Customer (“KYC”) Requirements:

Upon creating/linking a Digital Rupee Wallet, Customer will be issued a Digital Rupee ID linked to the Digital Rupee Wallet for Digital Rupee Transactions through BHIM App. Customer must set a Digital Rupee PIN approved by the Bank, which will be used to authenticate Customer’s identity for Digital Rupee Transactions.

F. Rights and Obligations of Customers:

F. Rights and Obligations of NBSL

G. Sharing of Information

The Customers irrevocably and unconditionally authorises NBSL to access and use all information of the Customer’s Account(s) and records received to enable Digital Rupee Transactions and CBDC Services under it and share such information with:

H. Disclaimer of Liability

NBSL does not hold out any warranty and makes no representation about the accessibility of the Digital Rupee Services/CBDC Services on BHIM App. The Customer agrees and acknowledges that NBSL or its group companies shall not be liable and shall in no way be held responsible for any damages whatsoever whether such damages are direct, indirect, incidental or consequential and irrespective of whether any claim is based on loss of revenue, interruption of business, transaction carried out by the Customer and processed by NBSL, information provided or disclosed by NBSL regarding Customer’s Account(s) or Digital Rupee Wallet or any loss of any character or nature whatsoever and whether sustained by the Customer or by any other person.

I. Customer Grievances: