The laws of India govern the terms and conditions, and the usage of UPI Services /BHIM App by the User. Any legal action or proceeding about the BHIM App or arising out of its terms and conditions is brought in the competent courts, tribunals or any other appropriate forum in Mumbai, India. NPCI (National Payments Corporation of India) accepts no liability, direct or indirect for non-compliance with the laws of any country apart from that of the Republic of India.
NPCI, however, reserves the choice in its absolute discretion to begin any legal proceedings arising out of the Terms of BHIM App in the other court, tribunal, or another appropriate forum, and the agreeing Users consent to that jurisdiction.
As per their terms, the headings in the clauses of their Terms and Conditions are only for convenience and do not affect the meaning of the relative clause.
The Terms & Conditions of NCPI assume that the user agrees, and gives their consent that they shall not post, distribute, or reproduce any copyrighted material, trademarks, or other proprietary information belonging to NPCI in any way.
NPCI has the right to disclose any information as necessary to satisfy any law, regulation, or governmental request.
What are the Duties of the user?
- The User, even though, agrees for the NPCI to make payments via the accounts provided by the User, but the User must select the default account, from which he/she wants the money to be debited.
- The policies of the BHIM app assume that the User understands, and agrees that once a fund collectio or sending request is accepted under UPI Services, the default account will automatically be credited/debited with such amounts as could also be mentioned within the fund collection/sending request.
- The User understands and agrees that any amounts once credited or debited to the default account cannot be reversed by him.
- User agrees to take over all consequences and risks of performing UPI transactions through BHIM App and shall be solely responsible for any liability incurred by Issuer Bank in the execution of any instruction issued via BHIM App.
- The Payer shall provide correct Receiver details at the time of initiating transaction using BHIM App Services.
What are the Liabilities of the user?
- Payer understands and agrees that all such claims, losses, damages, liabilities and issues shall constitute a claim only against such Merchant and not against NPCI.
- The User is solely liable for ensuring the availability of sufficient funds in the Accounts at all times for availing the Services.
- In the event of any misuse of the Application by the user; NPCI has sole and absolute discretion to take suitable action against the user, which includes NPCI’s right to seek appropriate legal remedies at the cost and expenses of the user.
If the Payer enters the wrong Receiver details, the Payer shall be solely responsible for any transfer of funds to the incorrect beneficiary. For Instance, Incorrect Virtual Payment Address, incorrect Aadhaar number or incorrect mobile number, etc.
According to the terms of service, the Payer shall not hold NPCI accountable for any damage, claim, and issue arising out or about any purchase of products or services from the Merchant through Payment Orders initiated via BHIM App.
Does the National Payments Corporation of India and BHIM App share Liabilities?
NPCI doesn’t hold out any warranty and makes no illustration regarding the standard of the UPI Services or BHIM application.
By accepting the terms of services, the User agrees and acknowledges that NPCI will not be liable for any damages, whether such damages are direct, indirect, incidental or consequential, and no matter whether or not any claim is predicated on loss of revenue, interruption of business, transaction carried out by the User, info provided or disclosed by Issuer Bank concerning User’s Accounts or any loss of any character or nature, whether sustained by the User or by any other person.
NPCI is not liable for any loss, claim or damage suffered by the User or any third party resulting from the failure of any transaction initiated via BHIM App on account of time out the transaction (where no response is received from NPCI or the beneficiary bank to the transaction request).
NPCI or the beneficiary Bank shall additionally also not be chargeable or liable for any loss, damage and/or claim arising out of or ensuing from wrong beneficiary details, mobile number and/or account details being provided by the User.
NPCI shall not be accountable for any electronic or mechanical defect, data failure or corruption, viruses and bugs or connected issues that may be attributable to the User telecommunication system and/or the Services provided by any Service supplier.
The rights granted to a User are “limited, non-exclusive, non-transferable, non-sublicensable”.
Disclaimer of Liability, Terms and Conditions, BHIM (Bharat Interface for Money)
User should not:
- Indulge into any “modification, adaptation, improvement, enhancement, translation or derivative work” of the BHIM App
- “De-compile, reverse engineer, copy, dismantle, and plan to derive the source code of, or decrypt the Application.”
- Remove or alter any propriety notices, legends, symbols or labels in the App, which includes, but are not limited to any trademark, logo or copyright
- User agrees that all ownership of the App including all relevant intellectual property rights shall remain with NPCI.
Rights of National Payments Corporation of India?
NPCI has the right to change or modify the terms and conditions at any time without any prior notice.
If any changes are made, the revised terms and conditions shall be updated on the BHIM app and NPCI website.
User agrees to abide by the most recent version of NPCI’s Terms each time the User uses BHIM App by default.
NPCI has the right to grant access to the User to use the Application, along with the user agrees that he shall not engage in any activity that shall interfere with or disrupts the Application.
If the User’s account linked to the app is closed or the Account holding Bank withdraws or terminates the UPI Services, the UPI Services will automatically be terminated.
The NPCI reserves the absolute discretion to suspend or terminate the UPI Services and/or right of access to the BHIM App for any reason and at any time without notifying the User.
Upon termination for any reason, all rights granted by NPCI concerning the App shall immediately cease and the User agrees to delete the App from any device on which the App has been installed including all components of the App in the possession or control of the User.
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