Terms of Use

These terms of use (“Terms”) mandate the terms on which the users “User”) access and register on this ABCD app (including mobile application)  (“ABCDL App”), owned and operated by Aditya Birla Capital Digital Limited, a company incorporated under the Companies Act, 2013 with its registered office at 18th Floor, One World Center, Tower 1, Jupiter Mills Compound, 841 Senapati Bapat Marg, Elphinstone Road Delisle Road, Mumbai, Maharashtra – 400013, India (hereinafter referred to as "ABCDL).

Please read these Terms and the Privacy Policy carefully before using or registering on the Application or accessing any material, information, etc., through the Application. By clicking on the “Continue” button provided at the signup page, User accept these Terms, the Privacy Policy and agree to be legally bound by the same. If User do not agree to the Terms, please do not access the ABCDL App or avail UPI Services (defined below). ABCDL retains an unconditional right to modify or amend these Terms. User can determine when these Terms were last modified by referring to the “Last Updated” legend above. It shall be User responsibility to check the Terms periodically for changes. User  acceptance of the amended Terms or User  continued usage of the UPI Services, shall signify User  consent to such changes and agreement to be legally bound by the same.

These Terms are an electronic record in terms of the Information Technology Act, 2000 and rules made thereunder as applicable and are generated by a computer system and do not require any physical, electronic, or digital signatures.

INTRODUCTION

The Unified Payments Interface (UPI) is a payment platform built by NPCI (National Payments Corporation of India) that allows instant online payments between the bank accounts of any two parties. UPI offers an architecture and a set of standard API specifications to facilitate these online payments. It aims to simplify and provide a single interface across all NPCI systems besides creating interoperability and superior customer experience. User can refer to NPCI’s FAQ’s available under the link NPCI FAQ LINK, to further understand the concept and process of UPI services.

These Terms regulate the UPI Services provided by ABCDL under the Unified Payment Interface (“UPI”), a payment service platform (“UPI Platform”) developed by National Payments Corporation of India (“NPCI”), an umbrella organisation incorporated in 2008 and acting as the settlement/clearing house/regulatory agency for UPI services. The ABCDL App, connects to the UPI Platform through notified Payment Service Provider Banks (“PSP Banks”). The aforesaid payment related services are being offered under the brand “ABCDL” (“UPI Services”).

DEFINITIONS
“Applicable Laws” means the acts, rules, regulations, guidelines framed by NPCI, Reserve Bank of India (“RBI”) and any other regulator, that is applicable to payment system participants for provision of UPI Services.
“Merchant” means a User who collects payments from Payer for goods and services purchased by Payer and provided by merchant through either offline or through any online modes.
“MPIN” shall mean the Mobile Personal Identification Number created by the User for authenticating the services provided under UPI.

“NPCI” shall mean National Payments Corporation of India, a company incorporated under Section 25 of the Companies Act, 1956 and is a payment system operator authorized by the RBI, acting as the settlement, clearing house, regulating agency for UPI Services with the core objective of consolidating and integrating the multiple payment systems with varying service levels into nation-wide uniform and standard business process for all retail payment systems;

"Payment Transaction" means the payment request made by the User for sending or receiving funds
“PSP Bank” means the banking company authorized to act as a payment service provider (PSP) under the UPI framework. PSP engages the TPAP to provide UPI services to the end-users.
“Payee/Receiver” " shall mean any person or the Merchant holding a bank account and desirous to receive payments from the Payer
"Payer" shall mean any person holding a banking account and who desires to pay money to the Payee/Receiver
"Remitter Bank" aka Issuer Bank shall mean a bank holding an account of the Payer where the Debit of the UPI instruction is received from the Payer to be executed on real time basis.
"Beneficiary Bank" shall mean the Bank holding a bank account of the Payee/Receiver where the credit of the UPI instruction is received from the Payer to be executed either in real time basis or periodically with a settlement process.

“TPAP” means the Third-Party Application Provider, which is an entity that provides the UPI compliant application to the end-users to facilitate UPI based Payment Transactions.
“UPI”, Unified Payment Interface, shall have the same meaning as defined by NPCI under respective directives and notifications.
“UPI Services” means the facilitation of Payment Transactions i.e., pay someone (push) or collect from someone (pull) using UPI pursuant to the rules, regulations and guidelines issued by NPCI, Reserve Bank of India and the Bank, from time to time.
“UPI PIN” means the personal identification number which is used as authorization credentials by the remitter bank for debiting a customer’s account. It will be 4-6 digits numeric pin only.
“User” shall mean an individual / entity who is a holder of a Bank account and avails the UPI Facility.
“Virtual Payment address (VPA)” – is a payment identifier for sending/collecting money. VPAs are aliases to Account No. & IFSC. This enables the user to complete a transaction without having to enter the account credentials of the beneficiary.
“We”, “Our”, “Ourselves” refers to ABCDL.

SCOPE OF ABCDL APP SERVICES
ABCDL is a Third-Party Application Provider (“TPAP”) authorized by NPCI to facilitate payments through sponsor PSP Banks, namely ICICI Bank Limited and IDFC First Bank Limited, and is bound by tripartite agreements entered with the sponsor PSP Banks and NPCI. ABCDL, through the ABCDL App, provides UPI services to the User and guides them for completion of Payment Transactions. User agree and understand that, for undertaking the Payment Transactions using the ABCDL App, User will be subject to the terms and conditions and privacy policy of ABCDL and the PSP Banks (available below), including any applicable policies of the PSP Bank.

ABCDL is a service provider in the UPI payment ecosystem and participates in UPI through the PSP Banks. User may also be able to avail other products and/or services using the ABCDL App, provided by third-parties and facilitated by ABCDL on the ABCDL App. User agree and acknowledge that these third-party products and/or services are offered by parties other than ABCDL and are subject to third-party terms and privacy policy. User may need to accept additional terms and conditions and privacy policy to use these third-party services. ABCDL does not endorse or promote or guarantee any such services provided by third-party payment system operators or participants.

User agree and acknowledge that the Payment Transactions or any communication carried out through the ABCDL App are solely between the Users. User agree and acknowledge to the following:

ABCDL is only a facilitator of Payment Transactions;
ABCDL is not a party to these Payment Transactions;
ABCDL is not a PSP Bank or otherwise a payment system operator;
ABCDL does not handle any funds and is not involved in facilitating the flow of funds between the Payer and the Payee/Receiver in any capacity except to the extant as covered under these Terms;
ABCDL is not and will not be responsible for the products or services User purchase using the payment facilitation services provided on / through the ABCDL App;
ABCDL is not and will not be responsible for any communications made by User or any communication or offers made to User through ABCDL App;
ABCDL is not responsible of any act/omission of the Users, including, non-completion of a Payment Transaction;
ABCDL is not a party to and will not be responsible for any disputes, chargebacks or reversals arising pursuant to Payment Transactions facilitated on the ABCDL App;
Any facilitation of Payment Transactions by the ABCDL App does not guarantee any sufficiency of funds in the Remitter Bank Account.

ELIGIBILITY TO USE
Use and access to the ABCDL App is available only to all persons who can be legally bound by contract and who are not disqualified or declared incompetent under the Indian Contract Act, 1872. User hereby represent that User are: (i) a person resident in India having a valid Indian bank account and an active Indian mobile number; (ii) of legal age to form a binding contract i.e., above 18 (eighteen) years of age, or are using the ABCDL App with the permission and under the supervision of Userr parent or legally appointed guardian, who agrees to these Terms on Userr behalf; (iii) not a person barred from receiving the services from the ABCDL App under the Applicable Laws; and (iv) competent to enter into a binding contract. In case User are accessing ABCDL App as a representative of and on behalf of a legal entity or organization, User: (i) represent and warrant that User have the full authority to represent the legal entity and have power to bind them; and (ii) understand that the Privacy Policy, upon acceptance by User, is applicable to and binds all other persons accessing or using the ABCDL App and the services offered on the ABCDL App on behalf of the same legal entity or organization for this purpose. To use ABCDL App for UPI Services, User will need to be physically located in India when registering or linking Remitter Bank Account on the ABCDL App. The ABCDL App should not be used outside of India, unless allowed by the NPCI or Applicable Law.

REGISTRATION
UPI Services are offered via ABCDL App only to the Users who are registered on the ABCDL App and have an active account on the ABCDL App (“User Account”). For the purpose of using the UPI Services provided on the ABCDL App User need to have own Remitter bank Account linked with User’s active mobile number in order to register and access ABCDL App.

The registration process is a standard process which is defined and governed by NPCI under UPI guidelines and may change from time to time. ABCDL in the capacity of TPAP is responsible for implementing the process as notified by NPCI from time to time. User understand that the registration process may include access to User mobile network and sending a unique SMS using User phone for device binding ABCDL does not store Remitter Bank Account details linked to User VPA. VPA can be used:

For payment at Merchant locations using QR code through ABCDL App;
For payment online through certain Merchant’s websites/app;
For making other payments as permitted under the Applicable Laws and PSP Bank
User hereby understand that the details provided by User as part of the UPI registration process to create User Account, such as details of Remitter Bank Account and other details, shall be shared and maintained at PSP Bank’s and/or NPCI’s secure library. Accordingly, User provide explicit and informed consent to ABCDL and/or PSP Bank and/or NPCI to collect, process, share and store such data, for provision of UPI Services and / or for compliance with Applicable Laws.

TRANSACTIONS
UPI Services can be used for person-to-person money transfers or to purchase products and services online or offline from any Merchant. User need to enter his/her UPI PIN for authorizing every UPI payment. User need to ensure that User are connected to the internet at the time of making any transaction. UPI is one of the payment options available to User on various Merchant platforms and ABCDL assume no responsibility for the products / services purchased using UPI Services and any liability thereof is expressly disclaimed.

UPI transactions are subject to minimum and maximum transaction limits that may be set by ABCDL, User, PSP Bank, other payment participants or as may be prescribed under the provisions of Applicable Laws. Further, ABCDL, PSP Bank or other payment participants may also reject/suspend transactions (in whole or in part) based on their respective policies and assessment.

User may review transaction records within the ABCDL App, under “Transaction History” section. User are solely responsible to review all transactions initiated through User Account from time to time, and in case User identify any error or unauthorised transaction, User are requested to notify the same as per the notified Dispute Redressal Mechanism, set out below.

Charges:
ABCDL does not charge its Users any fee for creating the User Account on the ABCDL App, however ABCDL reserve the right to change the fee policy from time to time, subject to Applicable Laws. ABCDL may introduce fees for any new services or amend/introduce fees for existing services, as the case may be. Changes to the fee(s) shall be notified accordingly to User via ABCDL App and such changes shall automatically become effective immediately after they are notified. The payment system participants or payment system operators may charge User a nominal transaction fee for UPI transfers, as may be communicated to User by such respective payment system participants or payment system operators.

Transaction Monitoring:
ABCDL may review User activity and transactions on ABCDL App for identifying high risk transactions. ABCDL may also engage third party service providers to assist ABCDL in these efforts. In case the transactions processed by User or any other activity that ABCDL believe may be suspicious or unusual, ABCDL may temporarily or permanently suspend User access to the UPI Services available on the ABCDL App. User transaction may be rejected due to reason not limited to risk management, suspicion of fraudulent, illegal transactions, buying/selling of prohibited items, use of compromised or blacklisted cards or UPI accounts, chargebacks/complaints or for other reasons as prescribed under the Applicable Laws.

ABCDL may further investigate and may suspend or terminate User Account, report the transaction and User account details to legal enforcement agencies or other regulatory authorities as applicable or notified under Applicable Laws.

USER RESPONSIBILITY & OBLIGATIONS
While User register and transact on ABCDL App, User are required to ensure the following -

User are solely responsible for linking User’s correct Remitter Bank Account;
Since User mobile number is treated as the primary identifier; thus, User mobile number needs to be updated with his/her Remitter Bank Account linked to ABCDL App in case of any changes;
If User change the mobile number registered with Remitter Bank Account linked to ABCDL App, User will have to re-register his/her new mobile number on the ABCDL App;
User are solely responsible to keep OTP, UPI PIN and Remitter bank Account related details confidential. Sharing such information with others may lead to unauthorized usage, for which ABCDL shall not be responsible;
User shall take full responsibility of the payment request that User make and authorize on ABCDL App, including addition of beneficiary, typing and reviewing VPAs and validating intended Payee/Receiver and ABCDL do not verify correctness of information that User enter during payment processing, including authorization;
User agree that if User provide any information that is untrue, inaccurate, not current or incomplete or ABCDL has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Terms, ABCDL shall have the right to indefinitely suspend or terminate or block access to User Account on ABCDL App;
User are required to ensure availability of sufficient funds in Remitter Bank Account linked to the ABCDL App in order to avoid transaction getting declined and charges if any accessed by payment system provider;
User agree and understand that ‘ABCDL’ shall onboard User on the NPCI operated centralised mapper such as 'Numeric UPI ID Mapper' to enable User to send or receive funds using a defined ‘UPI Number’ (which would be User mobile number by default or a UPI Number created by User) and User agree and consent that such onboarding shall be done by ABCDL on User behalf within the defined and permitted structure of NPCI. This process shall be as per directives of NPCI and shall include but not limited to sharing User UPI details (collected and maintained by ABCDL to provide UPI Services) with NPCI and linking of default bank account / VPA to User ‘UPI Number’. This would enable User to accept payments against User UPI number. ABCDL shall provide User an option to de-link the default mapping of UPI number processed on ABCDL App;

User will be able to send messages via ABCDL App to other Users. User agree and acknowledge that User are solely responsible for any communication made by User with other Users through the ABCDL App. User hereby acknowledge and agree that ABCDL merely provides the ABCDL App and the aforesaid messaging service merely in the capacity of an 'intermediary’ as defined under the Information Technology Act, 2000 and rules made thereunder. User must ensure that no illegal, unlawful or unauthorised communication is delivered through ABCDL App. User agree not to use the messaging services on the ABCDL App for any commercial purposes including but not limited to making any offers, promotions or advertisements to other Users directly through the ABCDL App. ABCDL reserves the right to suspend or terminate use of UPI Services, in whole or in part, in the event of any communication that is not in compliance with these Terms. User hereby acknowledge and agree that to the complete extent allowed under the Applicable Laws, ABCDL disclaims all responsibilities and liabilities arising from usage of the messaging service so provided on the ABCDL App.

UPI PARTICIPANT’S ROLES AND RESPONSIBILITIES
NPCI:

NPCI owns and operates the Unified Payments Interface (UPI) Platform;
NPCI prescribes rules, regulations, guidelines, and the respective roles, responsibilities and liabilities of the participants, with respect to UPI. This also includes transaction processing and settlement, dispute management and clearing cut-offs for settlement;
NPCI approves the participation of Remitter Banks, PSP Banks, Third Party Application Providers (TPAP) and Prepaid Payment Instrument issuers (PPIs) and other payment system operators in UPI; NPCI provides a safe, secure and efficient UPI system and network;
NPCI provides online transaction routing, processing and settlement services to members participating in UPI;
NPCI can, either directly or through a third party, conduct an audit on UPI participants and call for data, information and records, in relation to their participation in UPI;
NPCI provides the banks participating in UPI access to a system where they can download reports, raise chargebacks, update the status of UPI transactions etc.

PSP Bank:

PSP Bank is a member of UPI and connects to the UPI Platform for availing UPI payment facility and providing the same to the TPAP which in turn enables the Payer / Recipient to make and accept UPI payments;
PSP Bank, either through its own app or TPAP’s app, on-boards and registers the User on UPI and links their Source Accounts to their respective UPI ID;
PSP Bank is responsible for authentication of the User at the time of registration of such customer, either through its own app or TPAP’s app;
PSP Bank engages and on-boards TPAPs to make its UPI app available to the User;
PSP Bank has to ensure that TPAP and its systems are adequately secure to function on UPI Platform;
PSP Bank is responsible for ensuring that UPI app and systems of TPAP are audited to safeguard security and integrity of the data and information of the User including UPI transaction data as well as UPI app security;
PSP Bank has to store all the payments data including UPI transaction data collected for the purpose of facilitating UPI transactions, only in India;
PSP Bank is responsible for giving all UPI customers an option to choose any Bank Account from the list of details available on UPI Platform for linking with the User’s UPI ID;
PSP Bank is responsible for putting in place a grievance redressal mechanism for resolving complaints and disputes raised by the User.

ABCDL (TPAP)
ABCDL is a service provider and participates in UPI through PSP Bank;
ABCDL is responsible to comply with all the requirements prescribed by PSP Bank and NPCI in relation to TPAP’s participation in UPI;
ABCDL is responsible to ensure that its systems are adequately secure to function on the UPI Platform;
ABCDL is responsible to comply with all Applicable Laws, rules, regulations and guidelines etc. prescribed by any statutory or regulatory authority in relation to UPI and ABCDL’s participation on the UPI Platform including all circulars and guidelines issued by NPCI in this regard;
ABCDL has to store all the payments data including UPI transaction data collected by TPAP for the purpose of facilitating UPI transactions, only in India;
ABCDL is responsible to facilitate RBI, NPCI and other agencies nominated by RBI/ NPCI, to access the data, information, systems of ABCDL related to UPI and carry out audits of ABCDL, as and when required by RBI and NPCI;
ABCDL shall facilitate the User with an option to raise grievance through the ABCDL’s grievance redressal facility made available through ABCDL App and such other channels as may be deemed appropriate by the ABCDL like email, messaging platform, IVR etc.
ABCDL shall ensure that all confidential data pertaining to Payment Transactions, Source Account details, and all other sensitive personal information are protected and kept confidential by employing suitable protection standards, which are more fully set out in the Privacy Policy.

Refunds and Chargeback
Subject to Applicable Laws, all Payment Transactions processed through the ABCDL App are non-refundable to the Payer by ABCDL and are non-reversible by the Payer through the UPI Services. In the event there is a request for chargeback by a payment system provider, ABCDL reserves the right to reverse the transaction amount. Such reversal of transaction amount shall also be subject to the internal policies of the relevant payment service provider and User arrangement with such payment service provider.

UPI LITE
ABCDL may, subject to the Applicable Laws and guidelines issued by the RBI and/or NPCI from time to time, enable User to avail ‘UPI Lite’ on the ABCDL App. UPI Lite is an ‘on-device wallet’ for small value transactions, enabled by NPCI. All PSP Banks/Remitter banks may not enable/support UPI Lite. User shall be able to enable only one of Users Remitter Account that is linked on ABCDL App for UPI Lite (hereinafter referred to as “UPI Lite Facility”).

In order to enable UPI Lite Facility, User shall be required to click/tap on the specific section on the ABCDL App and add funds into the UPI Lite Facility. By clicking/tapping on the specific section on the ABCDL App, User provide his/her consent to enable the UPI Lite Facility. The funds can be added only via User’s Remitter Bank Account linked to UPI Lite Facility on the ABCDL App using UPI PIN. User shall be able to track the status of each transaction via UPI Lite Facility on the ABCDL App. Any amount added to the UPI Lite shall be non-interest bearing. In order to make payment via UPI Lite Facility, User shall not be required to enter a UPI PIN. However, there would be limits that would be applicable with respect to the transactions via UPI Lite Facility.

User shall have the right to disable the UPI Lite Facility, at any time, by following the steps/procedure prescribed on the ABCDL App. Once the UPI Lite Facility is disabled, the balance funds shall be credited into User’s linked Remitter Bank Account.

Except as provided above, all terms provided with respect to ABCDL App shall be applicable to UPI Lite Facility. In case of a conflict between the terms under this section viz. UPI Lite and the Terms (excluding the UPI Lite section), the Terms shall prevail. Any disputes with respect to the transactions authorized using UPI Lite shall be dealt with as per the process applicable for UPI Services on the ABCDL App.

LICENSE TO USE THE SERVICE
ABCDL gives User a personal, worldwide, royalty-free, limited, non-assignable and non-exclusive license to use the UPI Service on the ABCDL App. This license is for the sole purpose of enabling User to use and enjoy the benefit of the UPI Service for User personal and non-commercial use, in the manner permitted by these Terms.

User agree to use the UPI Service only: (a) for purposes that are permitted by the Terms; and (b) in accordance with Applicable Laws, regulation or generally accepted practices or guidelines or policies of relevant payment system operators facilitating the UPI Services. User agree not to engage in activities that may adversely affect the use or access of the UPI Service by other users.

User agree not to access (or attempt to access) the UPI Service by any means other than through the interface that is provided by the ABCDL App. Further, User shall not access or use the ABCDL App in a manner that is or is likely to be detrimental to or could bring disrepute or erode goodwill of ABCDL or in any manner that is prejudicial to the interest of ABCDL. User shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the UPI Service, or in any way reproduce or circumvent the navigational structure or presentation of the ABCDL App, materials or any content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the UPI Service.

DISPUTES & GRIEVANCE
ABCDL has adequate grievances / complaints resolution mechanisms for addressing the grievances and / or complaints on the ABCDL App.

ABCDL shall be the first point of contact for all UPI Service-related grievances/complaints for which User are onboarded on ABCDL App. In case the complaint/grievance remains unresolved, the next level for escalation will be the PSP Bank, followed by the Remitter Bank and NPCI in the same order. After exercising these options, User can approach the Banking Ombudsman and / or the Ombudsman for Digital Complaints, as the case may be.

User understand that a Payment Transaction is solely between the Payer and the Payee/Receiver. ABCDL does not provide any guarantees or warranties with respect to any User, third party or any service, good or delivery level commitment provided by such User or third party. User should ensure that User have undertaken adequate due diligence prior to transferring payments to anyone using UPI Services. In no event shall ABCDL be a party to any dispute between the Payer and the Payee / Receiver.

DISPUTE REDRESSAL MECHANISM
User can raise a complaint with respect to a UPI Services availed on the ABCDL App, even related to a particular transaction. User can select the relevant UPI transaction and raise a complaint in relation thereto. User can raise a complaint with ABCDL with respect to all UPI Service-related grievances / complaints if the UPI transaction is made through ABCDL App. User can raise a complaint for both the types of transactions i.e., person-to-person fund transfer (P2P) and Merchant transactions (P2M). User shall be kept communicated by ABCDL by means of updating the status of User’s complaint on ABCDL App or any other means such as e-mail, telephone, etc.

INTELLECTUAL PROPERTY RIGHTS
ABCDL App and the processes, and their selection and arrangement, including but not limited to, all text, videos, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (and any combinations thereof) (collectively, the “Content”) on the ABCDL App is owned by ABCDL and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights. The trademarks, logos and service marks displayed on the ABCDL App (“Marks”) are the property of ABCDL or other respective third parties. User are not permitted to reproduce or distribute or otherwise use the Marks without the prior consent of ABCDL or the third party that may own the Marks.

ABCDL shall not at any point of time hold any right, title, or interest in and to the intellectual property rights arising out of or associated with the details of the User collected at the time of registration on the ABCDL App.

INFRINGEMENT OF INTELLECTUAL PROPERTY
If User believe the ABCDL violates intellectual property, User must promptly notify ABCDL in writing at abcd.servicehead@adityabirlacapital.com. These notifications should only be submitted by the owner of the intellectual property, or an agent authorized to act on his/her behalf. However, any false claim by User may result in the termination of User Account on the ABCDL App. User are required to provide the following details in notice:

the intellectual property that User believe is being infringed;

the item that User think is infringing and include sufficient information about where the material is located on the ABCDL App;
a statement that User believe in good faith that the item User have identified as infringing is not authorized by the intellectual property owner, its agent, or the law to be used in connection with the ABCDL App; User contact details, such as User address, telephone number, and/or email;
a statement that the information User provided in User notice is accurate, and that User are the intellectual property owner, or an agent authorized to act on behalf of the intellectual property owner whose intellectual property is being infringed; and
User physical or electronic signature.

INDEMNITY & LIABILITY
In no event will ABCDL be liable for any indirect, consequential, incidental, special or punitive damages liabilities (including statutory), 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 ABCDL App or the UPI Services.

User shall indemnify and hold harmless ABCDL, 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 User’s breach of these Terms, Privacy Policy and other policies, or violation of any Applicable Laws, rules or regulations or the rights (including infringement of intellectual property rights) of a third party or access to the ABCDL App or use of the UPI Services.

Notwithstanding anything contained herein, the aggregate liability of ABCDL under these terms shall not exceed INR 5000 (Indian Rupees Five Thousand).

DISCLAIMERS

User access to and use of the ABCDL App and UPI Service is at User’s own risk. User understand and agree that the ABCDL App and the UPI Service is provided to User on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, ABCDL disclaims all warranties and conditions, whether express or implied, of title, of merchantability, fitness for a particular purpose, or non-infringement. User agree that ABCDL, PSP Bank or any other system participants shall not be liable for any delay in the completion of the funds transfer or any loss on account of error in the execution of the funds transfer by User.

User understand that the terms of availing of UPI Services using UPI Platform, PSP Bank and ABCDL shall not create any contractual obligation against any NCPI system participants and downloading or using the ABCDL App does not automatically entitle User for availing the UPI Services. ABCDL may stop (permanently or temporarily) providing the UPI Service or any features within the ABCDL App to users and may not be able to provide User’s with prior notice. ABCDL also retains the right to create limits on use of the ABCDL App and the UPI Service at its sole discretion at any time without prior notice to User. ABCDL reserves the right to refuse access to the UPI Service to new users or to terminate access granted to existing users at any time without according any reasons for doing so.

ABCDL endeavors to execute and process transactions as per the defined process, however, ABCDL makes no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the ABCDL App and the UPI Service; (ii) whether the UPI Service will meet User’s requirements or be available on an uninterrupted, secure, or error-free basis or whether any errors or defects will be corrected.

ABCDL shall not be responsible for the delay or inability to use ABCDL App, UPI Service or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities and related graphics obtained through the ABCDL App, or otherwise arising out of the use of the ABCDL App or UPI Service, whether based on contract, tort, negligence, strict liability or otherwise. Further, ABCDL shall not be held responsible for non-availability of the UPI Service during periodic maintenance operations or any unplanned suspension of access to UPI Service that may occur due to technical reasons or for any reason beyond ABCDL’s control.

User shall be solely responsible for maintaining confidentiality of the User Account credentials, and ABCDL will not be liable for any loss that User may incur as a consequence of unauthorized use of User Account either with or without User knowledge. User transaction records and other logs maintained with ABCDL shall be final and binding as proof of this facility and transactions.

VIOLATION OF THE TERMS
User agree that any violation by User of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to the ABCDL, for which monetary damages would be inadequate, and ABCDL shall have the right to obtain any injunctive or equitable relief that it deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that the ABCDL may have at law or in equity.

SUSPENSION OR TERMINATION
User agree that ABCDL at its sole discretion may suspend or terminate User Account on the ABCDL App without prior notice and restrict User access to ABCDL App, if ABCDL determines that User have violated this Terms or if it suspects any suspicious activity through User Account. User may note that ABCDL shall retain User registration information, VPAs, transactional information or any other information that ABCDL is permitted to store under the Applicable Laws relating to the UPI framework for the duration as specified in regulations or notified by NPCI from time to time, even after termination of User Account.

GOVERNING LAW
These Terms and the rights and obligations hereunder and the relations of the parties and all matters arising under or in connection with this Terms, including the construction, validity, performance or termination thereunder, shall be governed by and construed in accordance with the laws of India. The courts in Mumbai, Maharashtra shall have exclusive jurisdiction over all matters connected with the UPI Services provided through the ABCDL App.

GENERAL PROVISIONS
Relationship between the parties: All services on the ABCDL App are provided to User on a principal-to-principal basis. Nothing herein is intended to nor be construed to constitute the relationship of a principal and agent, employer and employee, partners, joint venture, co-owners or otherwise as participants in a joint undertaking or representative of the other for any purpose whatsoever.

Notice: All notices from ABCDL will be served by email to User’s registered email address or by general notification on ABCDL App.

Assignment: User cannot assign or otherwise transfer these Terms, or any rights granted hereunder to any third party. ABCDL’s rights under the Terms are freely transferable by ABCDL to any third party without the requirement of seeking User’s consent.

Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Terms, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect.

Bill Payments Terms of Use

These bill payments terms of use (“Bill Payment Terms”) mandate the terms on which the users (“You” or “Your” or “Yourself” or “User”) to access Bill Payment Services (defined below) on this [ABCD app] and website https://www.adityabirlacapital.com/digital. (“ABCD app”), owned and operated by Aditya Birla Capital Digital Limited, a company incorporated under the Companies Act, 2013 with its registered office at 18th Floor, One World Center, Tower 1, Jupiter Mills Compound, 841 Senapati Bapat Marg, Elphinstone Road Delisle Road, Mumbai, Maharashtra – 400013, India (hereinafter referred to as “ABCDL”).

Please read these Bill Payment Terms, Platform Terms and our Privacy Policy carefully before using or registering on the ABCD App or accessing any material, information, etc., through the ABCD App and prior to availing Bill Payment Services. By clicking on the “Continue” button provided at the signup page, You accept these Bill Payment Terms along with the Platform Terms and the Privacy Policy and agree to be legally bound by the same. If you do not agree to these Bill Payment Terms, please do not avail Bill Payment Services on the ABCD App. ABCDL retains an unconditional right to modify or amend these Bill Payment Terms. You can determine when these Terms were last modified by referring to the “Last Updated” legend above. It shall be Your responsibility to check the Bill Payment Terms periodically for changes. Your acceptance of the amended Bill Payment Terms or Your continued usage of the Bill Payment Services, shall signify Your consent to such changes and agreement to be legally bound by the same.

These Bill Payment Terms are an electronic record in terms of the Information Technology Act, 2000 and rules made thereunder as applicable and are generated by a computer system and do not require any physical, electronic, or digital signatures.

1. DEFINITIONS

1.1 “Applicable Laws” means the acts, rules, regulations, guidelines framed by NPCI (defined hereunder), Reserve Bank of India (“RBI”) and any other regulator, that is applicable to payment system participants for provision of Bill Payment Services.

1.2 “Agent Institution” means an agent onboarded by BBPOU as a customer service point for provision of Bill Payment Services to its customers through physical or digital channel. ABCDL provides the Bill Payment Services in the capacity of an Agent Institution after being duly onboarded by the authorised BBPOU.

1.3 “BBPCU” means Bharat Bill Payment Central Unit i.e., the NPCI (defined below).

1.4 "BBPS” means the Bharat Bill Payment System provided by NPCI.

1.5 “BBPOU” shall mean Bharat Bill Payment Operating Units functioning in adherence to the standards set by the RBI and BBPCU. BBPOU could be a bank or non-bank entity, functioning under BBPCU. Only BBPOUs can on-board billers and agent-institutions; and set up agent network and digital channels to handle bill payments through different delivery channels.

1.6 “Biller” shall mean a service provider who collects payments from customers (i.e., Users such as Yourself) for the services provided by them, by participating in BBPS through the BBPOUs.

1.7 "Bill" shall mean the amount paid by the User to Biller via Agent Institution for Bill Payment (defined below) which will include convenience/ service charge (if any) and all other taxes, duties, costs, charges and expenses (if any).

1.8 “Bill Payment” means the Bill paid by the User, wholly or in part for the utility/ other services provided by the Biller.

1.9 “Bill Payment Services” means the facility provided to users on the ABCD App to view Bills or pre-paid plans and to make payments to Billers and receive other ancillary services.

2. BILL PAYMENT SERVICES

2.1 Scope of Bill Payment Services – ABCDL, facilitates Bill Payment Services through the ABCD App. The Bill Payment Services are facilitated by ABCDL through an authorised Customer Bharat Bill Payment Operating Unit, with whom ABCDL is registered as an Agent Institution. BBPOU is duly empowered by National Payment Corporation of India (“NPCI”) and RBI for facilitating Bill Payment Services. It is hereby clarified that ABCDL merely facilities the Bill Payment Service and is not a party to the payments. ABCDL facilitates You to make Bill Payments & Recharge for mobile post-paid, prepaid recharges, landline phone bill payments, DTH recharge, Cable TV, subscription for streaming services, Donations, Hospital bills, utility Bill Payments such as for electricity water supply, LPG, toll tax recharge (FasTag), etc. along with other recurring payments such as credit card payments, insurance premium payments, internet broadband and data card Bill Payment, municipal taxes, school fees payments, Loan repayments and other services provided by ABCDL from time to time which are available under Recharge and Bill Payments .

2.2 Bill Payment Information – To avail the Bill Payment Services, You understand that You will be required to provide ABCDL with information about Billers to whom You intend to make payments, and this will include details about Your customer number, subscription ID, bill number or registered mobile number, registered telephone number, Biller’s account ID/ customer ID, or such other identifier(s) which are required to fetch the outstanding payment(s) due/ subscription or Bill value, subscription plan, due date, and such other information necessary to facilitate Bill Payment Services (“Bill Payment Information”). You hereby provide Your explicit and unconditional consent to allow ABCDL to collect, access, use, store, process and disclose Your Bill Payment Information and other information in relation to the same in accordance with ABCDL’s Privacy Policy for the purpose of facilitating Bill Payments.

2.3 If You use the ABCD App to provide Bill Payment Information or make Bill Payments on behalf of a third party, it shall be Your responsibility to ensure that you have the consent of such third party. You agree that you have all necessary rights and permissions to allow ABCDL to collect, access, use, store, process and disclose such third party Bill Payment Information on an ongoing basis and access the bill details from the respective Biller, on behalf of the third party for the purpose of providing Bill Payment Services.

2.4 You acknowledge and agree that in all instances, You shall be solely responsible for the accuracy of the Bill Payment Information provided to ABCDL and thereafter to the BBPOU. In no event shall ABCDL be responsible or liable for any loss or damage caused to You or any third party due to the inaccuracy of the Bill Payment Information.

2.5 Bill Payment Reminders – You agree and acknowledge that ABCDL may, through the ABCD App provide You reminders to make Bill Payments or to schedule Bill Payments to enable a better experience for You. You may choose to disable such reminders. Notwithstanding anything herein, You understand that ABCDL will in no manner whatsoever be responsible for Your failure to schedule payment dates in a timely manner. In no event will ABCDL be responsible or liable for any consequences resulting from late Bill Payment including the levy of any late fee or penal charges on You by Billers.

2.6 Bill Payments - Once You provide the Bill Payment Information, You shall be able to view your current and future Bill details or eligible recharge plans or statement from that Biller as and when they are made available by Billers on the ABCD App. You agree that it shall be Your responsibility to ensure to verify the Bill details carefully before carrying out any Bill Payments. ABCDL shall not be responsible for any discrepancy in the Bill details and in the event of any discrepancy in the Bill details, You would be required to coordinate with the Biller directly without the involvement of ABCDL.

2.7 ABCDL will initiate Bill Payment by providing relevant Bill Payment Information to the BBPOU upon receiving instructions from You on the ABCD App. The payment realization varies from Biller to Biller and are subject to the policies and procedures of such Billers and You understand that ABCDL shall not be in any manner responsible for the delays/ reversals or failure of the Bill Payment.

2.8 You acknowledge and agree that ABCDL merely facilitates Bill Payments between You and the Biller in partnership with its partnered BBPOU. You understand and acknowledge that ABCDL is not involved in the settlement of funds between You and the Biller. ABCDL’s partnered BBPOU settles Bill Payments between You and the Biller as per the relevant guidelines issued by the RBI and the NPCI and as per its respective policies. The settlement mechanism and charges (if any) for settlement of Bill Payments shall be as per the respective policies/terms and conditions of the BBPOU, You are solely responsible to read and understand such policies/terms and conditions before availing Bill Payment Services on the ABCD App.

2.9 Prepaid Recharges – ABCDL may facilitate the recharge of Your prepaid mobile, data or other accounts. ABCDL may display prepaid plans and offers made available by Billers who provide such services on the ABCD App for Your convenience. You understand that the prepaid plans and offers displayed on the ABCD App are for Your reference only and may not be up to date. You hereby agree that You will be solely responsible for selecting an appropriate plan as may be offered by Biller and for compliance with its terms and conditions.

2.10 Refunds – If You erroneously send a payment to the wrong party or wrong Biller or make duplicate payments or send a payment for the wrong amount (for instance a typographical error at Your end), You may have to contact the BBPOU seeking a chargeback based on applicable guidelines issued by the BBPCU (i.e., NPCI) and the RBI and the relevant policies/terms and conditions of the BBPOU. The relevant policies/terms and conditions may be found here. You also acknowledge that refund of amounts paid to Billers will be subject to the terms and conditions of the relevant Biller. You acknowledge and agree that ABCDL will not be responsible or liable for any refunds or chargebacks.

3. ELIGIBILITY TO USE

3.1 Use and access to the ABCD App is available only to all persons who can be legally bound by contract and who are not disqualified or declared incompetent under the Indian Contract Act, 1872. You hereby represent that You are: (i) a person resident in India having a valid Indian bank account and an active Indian mobile number; (ii) not a person barred from receiving Bill Payment Services from the ABCD App under applicable laws; and (iii) competent to enter into a binding contract. In case You are accessing ABCD App as a representative of and on behalf of a legal entity or organization, You: (i) represent and warrant that You have the full authority to represent the legal entity and have power to bind them; and (ii) understand that the Privacy Policy, upon acceptance by You, is applicable to and binds all other persons accessing or using the ABCD App and the services offered on the ABCD App on behalf of the same legal entity or organization for this purpose. To use ABCD App for Bill Payment Services, You will need to be physically located in India, The ABCD App should not be used outside of India, unless allowed by the BBPCU or Applicable Law.

4. REGISTRATION AND LICENSE TO USE BILL PAYMENT SERVICES

4.1 The Bill Payment Services are offered via ABCD App only to the Users who are registered on the ABCD App or website and have an active account on the ABCD App (“User Account”). For the purpose of availing Bill Payment Services, You must necessarily have a User Account and Your bank account along with Your active mobile number must be linked to Your User Account on the ABCD App. You understand that the information so provided by You for registration on the ABCD App will be governed by our Privacy Policy and may be shared with the BBPOU and such other third parties as may be communicated to You for the purpose of providing Bill Payment Services to You.

4.2 Upon creating a User Account, ABCDL gives You a personal, worldwide, royalty-free, limited, non-assignable and non-exclusive license to use the Bill Payment Servies on the ABCD App. This license is for the sole purpose of enabling You to use and enjoy the benefit of the Bill Payment Services for your personal and non-commercial use, in the manner permitted by these Bill Payment Terms.

4.3 You agree to use the Bill Payment Services only: (a) for purposes that are permitted by these Bill Payment Terms; and (b) in accordance with applicable laws, regulation, guidelines from NPCI/RBI or generally accepted practices or guidelines or policies of BBPOU facilitating the Bill Payment Services. You agree not to engage in activities that may adversely affect the use or access of the Bill Payment Services by other Users.

4.4 You agree not to access (or attempt to access) the Bill Payment Services by any means other than through the interface that is provided by the ABCD App. Further, You shall not access or use the ABCD App in a manner that is or is likely to be detrimental to or could bring disrepute or erode goodwill of ABCDL or in any manner that is prejudicial to the interest of ABCDL. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Bill Payment Services , or in any way reproduce or circumvent the navigational structure or presentation of the ABCD App, materials or any content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Bill Payment Service.

5. DISCLAIMERS

5.1 The Bill Payment Services, including all content, software, functions, materials, and information made available on, provided in connection with or accessible through the Bill Payment Services, are provided “as is”, "as available" and "with all faults" basis and to the fullest extent permissible by law, ABCDL makes no express or implied representation or warranty or condition or undertaking or term of any kind whatsoever for the Bill Payment Services or the content, materials, information and functions made accessible by the software used on or accessed through the Bill Payment Services, or for any breach of security associated with the transmission of sensitive information through the Bill Payment Services.

5.2 In no event should the Bill Payment Services be construed to mean that ABCDL is itself providing or reselling the any services that are provided by Billers.

5.3 You understand and agree that ABCDL will not be liable for any failure on the part of the BBPOU or the Biller in effecting the Bill Payment or for any issues related to quality of services provided by the Biller or the BBPOU.

5.4 You understand that Bill Payments are between You, the BBPOU and the Biller. ABCDL does not provide any guarantees or warranties with respect to any third party’s (including the BBPOU’s or the Biller’s) acts and omissions. You should ensure that you have undertaken adequate due diligence prior to making Bill Payments to any Biller using the Bill Payment Services.

5.5 ABCDL disclaims without limitation, any warranty of any kind with respect to the Bill Payment Services, non-infringement, merchantability, or fitness for a particular purpose. ABCDL does not warrant (i) that the functions contained in the Bill Payment Services will be uninterrupted or error free; (ii) that the Bill Payment Services will meet your requirements; and (iii) that any products, information or material obtained by you in connection with the Bill Payment Services will meet your requirements. ABCDL shall not be responsible for any service interruption (including, but not limited to, power outages, system failures or other interruptions that may affect the receipt, processing, acceptance, completion or settlement of transactions) that you may face on the BBPS system. It is Your responsibility to evaluate the accuracy, completeness and usefulness of the Bill Payment Services and other information provided by ABCDL. ABCDL does not authorize anyone to make any warranty on its behalf and You should not rely on any such statement.

6. INTELLECTUAL PROPERTY RIGHTS

6.1 ABCD App and the processes, and their selection and arrangement, including but not limited to, all text, videos, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (and any combinations thereof) (collectively, the “Content”) on the ABCD App is owned by ABCDL and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights. The trademarks, logos and service marks displayed on the ABCD App (“Marks”) are the property of ABCDL or other respective third parties. You are not permitted to reproduce or distribute or otherwise use the Marks without the prior consent of ABCDL or the third party that may own the Marks.

6.2 ABCDL shall not at any point of time hold any right, title, or interest in and to the intellectual property rights arising out of or associated with the details of the User collected at the time of registration on the ABCD App.

7. INFRINGEMENT OF INTELLECTUAL PROPERTY

7.1 If You believe that ABCDL violates Your intellectual property, You must promptly notify ABCDL in writing at abcd.servicehead@adityabirlacapital.com. These notifications should only be submitted by the owner of the intellectual property, or an agent authorized to act on his/her behalf. However, any false claim by You may result in the termination of Your User Account on the ABCD App. You are required to provide the following details in Your notice:

(a) the intellectual property that You believe is being infringed;
(b) the item that You think is infringing and include sufficient information about where the material is located on the ABCD App;
(c) a statement that You believe in good faith that the item You have identified as infringing is not authorized by the intellectual property owner, its agent, or the law to be used in connection with the ABCD App;
(d) Your contact details, such as Your address, telephone number, and/or email;
(e) a statement that the information You provided in Your notice is accurate, and that You are the intellectual property owner, or an agent authorized to act on behalf of the intellectual property owner whose intellectual property is being infringed; and
(f) Your physical or electronic signature.

8. INDEMNITY AND LIABILITY

8.1 In no event will ABCDL be liable for any indirect, consequential, incidental, special or punitive damages liabilities (including statutory), 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 ABCD App or the Bill Payment Services.

8.2 You shall indemnify and hold harmless ABCDL , 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 these Bill Payment Terms , Privacy Policy and other policies, or Your violation of any applicable laws, , rules or regulations or the rights (including infringement of intellectual property rights) of a third party or Your access to the ABCD App or use of the Bill Payment Services.

8.3 Notwithstanding anything contained herein, the aggregate liability of ABCDL under these Bill Payment Services shall not exceed INR 5000.

9. GRIEVANCE REDRESSAL

9.1 ABCDL has adequate grievances / complaints resolution mechanisms for addressing the grievances and / or complaints on the ABCD App. In the event you have any grievances or complaints, please write to ABCDL at ABCDL.Paycare@adityabirlacapital.com.

. 9.2 ABCDL shall be the first point of contact for all Bill Payment Service-related grievances/complaints for which You are onboarded on ABCD App. In case the complaint/grievance remains unresolved, the next level for escalation will be the BBPOU/Biller based on the facts and circumstances. You understand that ABCDL does not guarantee the redressal of Your grievance by the BBPOU or the Biller. ABCDL will not be a party to any such dispute and will not have control over the grievance redressal mechanism of BBPOUs or Billers.

10. VIOLATION OF THE TERMS

10.1 You agree that any violation by You of these Bill Payment Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to ABCDL, for which monetary damages would be inadequate, and ABCDL shall have the right to obtain any injunctive or equitable relief that it deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that ABCDL may have at law or equity.

11. SUSPENSION OR TERMINATION

11.1 You agree that ABCDL at its sole discretion may suspend or terminate Your User Account on the ABCD App without prior notice and restrict Your access to ABCD App, if ABCDL determines that You have violated these Bill Payment Terms or if it suspects any suspicious activity through Your User Account. You may note that ABCDL may retain Your registration information, transaction information or any other information that ABCDL is permitted or required to store under applicable laws even after termination of Your User Account.

12. GOVERNING LAW

12.1 These Bill Payment Terms and the rights and obligations hereunder and the relations of the parties and all matters arising under or in connection with these Bill Payment Terms , including the construction, validity, performance or termination thereunder, shall be governed by and construed in accordance with the laws of India. The courts in Mumbai, Maharashtra shall have exclusive jurisdiction over all matters connected with the Bill payment Services provided on the ABCD App.

13. GENERAL PROVISIONS

13.1. Relationship between the parties: All services on the ABCD App are provided to You on a principal-to-principal basis. Nothing herein is intended to nor be construed to constitute the relationship of a principal and agent, employer and employee, partners, joint venture, co-owners or otherwise as participants in a joint undertaking or representative of the other for any purpose whatsoever.

13.2. Notice: All notices from ABCDL will be served by email to Your registered email address or by general notification on ABCD App.

13.3. Assignment: You cannot assign or otherwise transfer these Bill Payment Terms, or any rights granted hereunder to any third party. ABCDL’s rights under the Bill Payment Terms are freely transferable by ABCDL to any third party without the requirement of seeking Your consent.

13.4. Severability: If, for any reason, a court of competent jurisdiction finds any provision of these Bill Payment Terms, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Bill Payment Terms shall continue in full force and effect.