USE OF THE ToPAY PLATFORM / ToPAY SERVICES

Please read the following terms and conditions carefully before registering on, accessing, browsing, downloading or using the MobilePe Fintech Private Limited website located at www.topay.live ,and all associated sites linked to www.mobilepefintech.com, or the ToPAY mobile application/website or any similar platform (hereinafter collectively, the ToPAY Platform run by MobilePe Fintech Private Limited, brand name “ToPAY” having its registered office at Plot No. 31, Ground Floor, Sai Enclave, Lane No: 2, Sector- 23, Dwarka, New Delhi- 110077, and Chennai Office:3/162 First Floor Shanmuga Valli Complex, Nehru Street Echankadu Kovilambakkam, Chennai - 600129 India

ACCEPTANCE

You agree to the terms and conditions set forth below as well as the service-specific terms and conditions applicable to each ToPAY Service (hereinafter collectively, the T&Cs by registering on, accessing, browsing, downloading, or using the ToPAY Platform for any general purpose or for the specific purpose of availing any ToPAY Service (hereinafter collectively, the T&Cs. These Terms and Conditions shall also include any additional or modified terms and conditions, as well as any additional or modified service-specific terms and conditions relating to any ToPAY Service or any future service that ToPAY may offer on the ToPAY Platform.

By registering on, accessing, browsing, downloading, or using (as applicable) the ToPAY Platform or using any ToPAY Service, you automatically and immediately agree to all of the T&Cs. If you do not accept or agree with any of the T&Cs or do not wish to be bound by the T&Cs, you may not access, browse, or use the ToPAY Platform and must immediately discontinue your use of the ToPAY Services.

You may use the ToPAY Services as long as you follow the terms and conditions. As long as you accept and comply with these Terms and Conditions, ToPAY grants you a personal, non-exclusive, non-transferable, limited, revocable right to enter and use the ToPAY Platform and/or use the ToPAY Services.

SERVICE SPECIFIC CONDITIONS TO USE

The Application / website and the Services are not available to anyone under the age of 18 or to anyone who has previously been suspended or removed from the Services by MFPL. By accepting these Terms and/or using the Application/website/Services, you represent that you are at least 18 years old.

To use this application or website, you must first create a wallet in the ToPAY Platform using your mobile number (which we will authenticate with a one-time password) and provide information about yourself that includes, but is not limited to, your name, address, and phone number. When the relationship between MFPL and You ends, MFPL will keep your Personal Information for lawful purposes only.

KYC requirements: According to RBI regulations, the ToPAY can only issue you a Wallet if you comply with KYC requirements or provide the necessary information about yourself, or if you have completed full KYC on the platform, and the given yourself information should be correct based on the regulator's ID proof. False or incorrect data will not be accepted.

ToPAY shall not pay interest on PPI balances

You acknowledge that the terms of your agreement with your respective telecom or internet service provider will continue to apply when using the Services. As a result, You may be charged by the respective telecom or internet service provider for access to network connection services for the duration of the connection while accessing the Application / website and the Services, or any other third-party charges that may arise. You accept responsibility for any such charges that arise and agree not to claim or dispute them with MFPL.

If you are not the bill payer for the mobile telephone or handheld device used to access the Services, it will be assumed that you have obtained permission from the bill payer to use the Services.

You are solely responsible for the Services that you use. The content delivered to you via the Services, if any, is not created, monitored, examined, or inspected by MFPL. Links to third-party websites and content are examples of such content. The linked content is not under MFPL's control, and MFPL accepts no responsibility for its content. MFPL's advice, views, opinions, or beliefs are not represented or reflected in the content.

You must only use the Services and anything made available through the Services for lawful purposes (in accordance with all Applicable Laws), responsibly, and not in a way that could harm MFPL's name or reputation or that of any of MFPL's affiliates or service providers. You agree and acknowledge that the use of the information delivered to you through the Services is solely your responsibility, and that MFPL will not be held liable for any illegal use of the information secured through the Services by you at any time.

You may find advertising or other content delivered with the use of Services that link to the sites and mobile application / websites and services of MFPL’s partners, Suppliers, advertisers, sponsors, and licensors and other third parties and service providers. MFPL does not control the content, advertisement or links that appear through the Services and are not responsible for the practices employed by those websites and mobile application / websites linked to or from the Services. In addition, these sites and mobile application/websites or services, including their content and links, may be constantly changing. These sites and mobile application / websites and services may have their own terms of use and customer service policies. Browsing and interaction on any other website, advertisements and mobile application / websites which have a link in the Services, is subject to that website’s, advertisements and mobile application / websites own terms and policies.

You may find campaigns, offers, online donations and charities organized by MFPL (on its own or along with MFPL’s partners, Suppliers, advertisers, sponsors, licensors and other third parties and service providers), from time to time which may be made available to You in the course of Your access and use of Services. If you choose to participate in such campaigns, offers, online donations and charities, You agree that Your participation shall be voluntary and at Your sole discretion. Further, you should read and understand fully the contents of such campaigns, offers, online donations and charities and should be in agreement with them before your participation. These campaigns, offers, online donations and charities may have their own terms of use and customer service policies available on their respective websites and you agree to such terms of use and policies before you participate in any of them. MFPL shall not be liable for any costs, liabilities, expenses and damages to You or any third parties arising out of and in course of Your participation in such campaigns, offers, online donations and charities and Your availing the benefits therefrom.

You will not, nor allow third parties on Your behalf to (i) make and distribute copies of the Application/website (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Application / website; or (iii) create derivative works of the Application/website of any kind whatsoever.

You are solely responsible for entering the correct information (name, phone number, email address, personal and current address, Date of Birth, Gender etc.).

MFPL is not responsible for faulty internet connection or electricity failure or any other problem on your side while availing the Services.

MFPL shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization by the debit card / credit card / virtual wallet / internet banking service provider for any transaction done by You through the Application / website or Supplier Application/website. Further, MFPL shall not be under any liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of the End User / cardholder having exceeded the preset limit mutually agreed by payment gateway service provider with their acquiring bank from time to time.

MFPL shall not in any way be liable for any delay, disruption or defects in the online payment facility provided by any financial institution / bank / payment gateway service provider. You acknowledge that You assume all the risks involved in using the online payment facility provided by the financial institution/bank/payment gateway service providers and MFPL shall not be in any way liable for any damage, loss, expense, liability or detriment caused (directly or indirectly) by a defect in said online payment facility.

You agree not to register on the Application / website with multiple mobile numbers from single mobile device with single email id. Registering from multi-SIM devices from multiple numbers is strictly prohibited. The right to use the Application / website and the Services there under is limited to one individual with single mobile number and associated mobile device.

The Application / website and the Services there under cannot be used with Android/iOS emulators. All devices are verified at multiple levels during availing the deals and offers. If the Application / website and the Services there under are found to be used with emulators or some kind of other automated system, your Application/website account will be permanently blocked.

As of now MFPL is providing Services in the Territory, therefore only individuals of 18 years or older, residing in India and NRI may enroll for the Services. MFPL reserves the right to prevent access to the Application/website and the Services there under and its website from mobile number or IP addresses outside of India. Corporations, Companies, Partnerships or other legal business entities are also eligible to use the Application / website and the Services there under.

You agree to promptly notify MFPL of any change in Your mobile number or email address or any other details in Your personal profile by updating Your personal information in the Profile section of the Application / website. Your non-use of the Application / website and the Services there under for 90 (Ninety) days or failure to notify MFPL of any change in Your mobile number or email address or any other details in Your personal profile may result in the termination of Your Application / website account and forfeiture of Your unredeemed amount in Your mobile wallet account.

MFPL will not be liable to pay any compensation if any error occurs due to any technical or manual fault at the end of the web server holder.

You are solely responsible for your mobile handset or device and the internet services that connect your said device to the Application/website.

The Application / website and the Services here under are currently made available to you for your personal use and non-commercial use, except for the Merchants. MFPL reserves the right to amend or withdraw the Application/website and the Services, provided to you in accordance with these Terms, at any time and for any reason.

PPI WALLET/ CARD FEATURES

ToPAY is an authorized payment and settlement system operator under the Payment and Settlement Systems Act, 2007. It issues and operates PPI to Customers on which they can load and use them for purchase of goods and services, financial services, remittance facilities etc. (as applicable under the features of specific PPI type). As per regulatory Guidelines, PPI Wallet/ Card is issued either in the form of Small PPI(s) or Full-KYC PPI. Small PPI(s) shall be issued after obtaining minimum details of the PPI holder which shall necessarily include a mobile number verified with OTP and a self-declaration of name and unique identity / identification number of any ‘mandatory document’ or OVD or any such document with any name listed for this purpose in the Master Direction - Know Your Customer (KYC) Direction, 2016 (“KYC Master Directions”), whereas Full-KYC PPI can be issued as well as Small PPI(s) can be converted to Full-KYC PPI post completion of KYC of the PPI holder as detailed in the KYC Master Directions issued by the RBI. Note: KYC documentation shall be in line with the prevailing RBI guidelines on KYC Master Directions. Below parameters and limit capping is applicable as per the Master Direction on Prepaid Payment Instruments (PPIs) dated February 10, 2023, and are subject to change as and when amended by the RBI (“PPI Master Directions”). PPI Wallet/ Card can be loaded through bank account (UPI/ NEFT/ IMPS)/ debit card or credit card / Full-KYC PPI. However, you will not be able to use prepaid cards, EMI, cards issued outside India or a combination of cards to add/ load amount to your PPI Wallet. Such loads will be as per the prescribed limits for Small PPI and Full-KYC PPIs, mentioned under these Terms and as provided by RBI from time to time.

Small PPI’s (or Minimum-detail PPI’s)

(i) PPI’s upto Rs.10,000/-

ToPAY will issue such PPI’s after obtaining minimum details of the PPI holder;

Minimum details shall necessarily include a mobile number verified with OTP and a self-declaration of name and unique identity / identification number of any ‘mandatory document’ or OVD or any such document with any name listed for this purpose in the Master Direction on KYC, as amended from time to time;

Such PPI’s shall be reloadable in nature. Loading / Reloading shall be from a bank account / credit card / full-KYC PPI;

The amount loaded in such PPI’s during any month shall not exceed Rs.10,000 and the total amount loaded during the financial year shall not exceed Rs.1,20,000;

The amount outstanding at any point of time in such PPIs shall not exceed Rs.10,000;

These PPIs shall be used only for purchase of goods and services. Cash withdrawal or funds transfer from such PPIs shall not be permitted;

ToPAY will give an option to close the PPI at any time. The closure proceeds can be transferred ‘back to source account’ (payment source from where the PPI was loaded). Alternatively, the closure proceeds can be transferred to a bank account after complying with KYC requirements of PPI holder;

ToPAY will clearly communicated to the PPI holder by SMS / e-mail / any other means at the time of issuance of the PPI / before the first loading of funds;

Full-KYC PPIs

ToPAY will issue such PPI’s after completing KYC of the PPI holder.

The Video-based Customer Identification Process (V-CIP), as detailed in Department of Regulation’s Master Direction on KYC dated February 25, 2016 (as amended from time to time), can be used to open full-KYC PPIs as well as to convert Small PPIs of paragraph 9.1 into full-KYC PPIs;

Such PPIs shall be reloadable in nature;

The amount outstanding shall not exceed Rs.2,00,000/- at any point of time;

The funds can be transferred ‘back to source account’ (payment source from where the PPI was loaded) or ‘own bank account of the PPI holder’ (duly verified by the PPI issuer). However, PPI issuer shall set the limits considering the risk profile of the PPI holders, other operational risks, etc.;

ToPAY will provide the facility of ‘pre-registered beneficiaries’ whereby the PPI holder can register the beneficiaries by providing their bank account details, details of PPIs issued by same issuer (or different issuer as and when permitted), etc.;

In case of such pre-registered beneficiaries, the funds transfer limit shall not exceed Rs.2,00,000/- per month per beneficiary. PPI issuer shall set the limits within this ceiling considering the risk profile of the PPI holders, other operational risks, etc.;

Funds transfer limits for all other cases shall be restricted to Rs.10,000/- per month;

Funds transfer from such PPIs shall also be permitted to other PPIs, debit cards and credit cards as per the limits given above;

There is no separate limit on purchase of goods and services using PPIs and PPI issuer may decide limit for these purposes within the overall PPI limit;

ToPAY will clearly indicate these limits to the PPI holders and provide necessary options to PPI holders to set their own fund transfer limits;

ToPAY will also give an option to close the PPI and transfer the balance as per the applicable limits of this type of PPI. For this purpose, the issuer shall provide an option, including at the time of issuing the PPI, to the holder to provide details of pre-designated bank account or other PPIs of same issuer (or other issuer as and when permitted) to which the balance amount available in the PPI shall be transferred in the event of closure of PPI, expiry of validity period of such PPIs, etc.;

Cash withdrawals from PPI’s are allowed up to a maximum limit of Rs. 2,000 per transaction, with an overall monthly limit of Rs. 10,000 per PPI across all ATM transactions. Charges applicable (Including GST) as per below:
Cash withdrawal: Rs.25 per transaction
Balance Enquiry and Mini Statement: Rs. 10 per transaction and

Features of such PPIs shall be clearly communicated to the PPI holder by SMS / e-mail / any other means at the time of issuance of the PPI / before the first loading of funds.

Validity and redemption

Inactive: PPI’s with no financial transaction for a consecutive period of one year shall be made inactive by the ToPAY after sending a notice to the PPI holder/s. These can be reactivated only after validation and applicable due diligence. Due Diligence request can be perform by PPI through our Websites/Application or services.

Expiry: PPI’s with Inactive (not reactivate) for a consecutive period of one year (or) no financial transaction for two years from the date of last loading / reloading in the PPI. Shall be made expiry by ToPAY after sending a notice to PPI holder/s.

ToPAY will caution the PPI holder at reasonable intervals, during the 45 days’ period prior to expiry of the validity period of the PPI. The caution advice shall be sent by SMS / e-mail / any other means in the language preferred by the holder indicated at the time of issuance of the PPI.

Unauthorized transaction – Extent of Liability of Customer/ ToPAY A customer’s liability arising out of an unauthorized payment transaction will be limited to:

Sr. No.	Particulars	Maximum Liability of Customer
(a)	Contributory fraud / negligence / deficiency on the part of the ToPAY, irrespective of whether or not the transaction is reported by the customer.	Zero
(b)	Third party breach where the deficiency lies neither with ToPAY nor with the customer but lies elsewhere in the system, and the customer notifies ToPAY regarding the unauthorized payment transaction. The per transaction customer liability in such cases will depend on the number of days lapsed between the receipt of transaction communication by the customer from ToPAY and the reporting of unauthorized transaction by the customer to ToPAY -
	i. Within three days#	Zero
	ii. Within four to seven days#	Transaction value or Rs. 10,000/- per transaction, whichever is lower
	iii. Beyond seven days#	100%
(c)	In cases where the loss is due to negligence by a customer, such as where he / she has shared the payment credentials, the customer will bear the entire loss until he / she reports the unauthorized transaction to ToPAY. Any loss occurring after the reporting of the unauthorized transaction shall be borne by ToPAY.
(d)	ToPAY may also, at its discretion, decide to waive off any customer liability in case of unauthorized electronic payment transactions even in cases of customer negligence.

COMMUNICATION POLICY

By accepting the T&Cs, You accept the following:

ToPAY may send alerts to the mobile phone number provided by You while registering with the ToPAY Platform for the service or on any updated mobile number subsequently provided by You on the ToPAY Platform, or via e-mail or push notifications. The alerts will be received in case of SMS, only if the mobile phone is in ‘On’ mode to receive the SMS, in case of e-mail, only if the e-mail servers and e-mail ids are functional, and in case of push notifications, if the user has enabled the receipt of such notifications. If the mobile phone is in ‘Off’ mode or if the e-mail servers or ids are not functional or if the push-notifications feature has been turned off, then You may not get the alert at all or get delayed messages.

The SMS/e-mail alert/push notification service provided by ToPAY is an additional facility provided for your convenience and that it may be susceptible to error, omission and/or inaccuracy. In the event that you observe any error in the information provided in the alert, ToPAY shall be immediately informed about the same by you and ToPAY will make best possible efforts to rectify the error as early as possible. You shall not hold ToPAY liable for any loss, damages, claim, expense including legal cost that may be incurred/suffered by You on account of the SMS/e-mail alert/push notification facility.

The clarity, readability, accuracy and promptness of providing the SMS/e-mail alert/push notification service depend on many factors including the infrastructure and connectivity of the service provider. ToPAY shall not be responsible for any non-delivery, delayed delivery or distortion of the alert in any way whatsoever.

You will indemnify and hold harmless ToPAY and the SMS/e-mail service provider including its officials from any damages, claims, demands, proceedings, losses, costs, charges and expenses whatsoever including legal charges and attorney’s fees which ToPAY or the SMS/e-mail service provider may at any time incur, sustain, suffer or be subjected to as a consequence of, or arising out of, any of the following: (i) misuse by You or improper or fraudulent information provided by You; (ii) incorrect number or a number that belongs to an unrelated third party provided by You.

USE OF ToPAY WEB PLATFORM

You understand that ToPAY cannot and does not guarantee or warrant that files available for download through the ToPAY Platform will be free of viruses, worms or other code that may be damaging. You are responsible for implementing procedures to satisfy your particular requirements of Internet security and for accuracy of data input and output.

PROHIBITED CONDUCT

You shall not host, display, upload, modify, publish, transmit, update or share any information that:

Belongs to another person and to which you do not have any right to;

is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;

Harm minors in any way;

infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;

Violates any law for the time being in force;

Deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

Impersonate another person;

Threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

Shall not be false, inaccurate or misleading;

Send automated request of any kind to the ToPAY Platform without express permission in advance from ToPAY.

TERMINATION; AGREEMENT VIOLATIONS

You agree that ToPAY, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate Your account (or any part thereof) or Your use of the ToPAY Services/ ToPAY Platform and remove and discard on the ToPAY Platform all or any part of Your account, Your user profile, or Your recipient profile at any time.

ToPAY may also in its sole discretion and at any time discontinue providing access to the ToPAY Services, or any part thereof, with or without notice. You agree that any termination of your access to the ToPAY Services/ ToPAY Platform or any account you may have or portion thereof may be effected without prior notice, and You agree that ToPAY will not be liable to You or any third party for any such termination or interruption.

Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies ToPAY may have at law or in equity. Upon termination for any reason, you agree to immediately stop using the ToPAY Services/ ToPAY Platform.

LIMITATION OF LIABILITY AND DAMAGES

MFPL, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS, PARENT COMPANIES, SISTER COMPANIES, SUBSIDIARIES AND OTHER AFFILIATES WILL NOT BE LIABLE, TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, FOR ANY DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE AND LOSS (INCLUDING LOSS OF PROFIT, LOSS OF DATA AND WORK STOPPAGE), COSTS, EXPENSES AND PAYMENTS, REGARDLESS OF THE ALLEGED LIABILITY OR FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, INCLUDING NEGLIGENCE, INTELLECTUAL PROPERTY INFRINGEMENT, PRODUCT LIABILITY AND STRICT LIABILITY, THAT MAY RESULT FROM, OR IN CONNECTION WITH THE USE OR THE INABILITY TO ACCESS AND USE THE APPLICATION/WEBSITE OR THE SERVICES, OR FROM ANY FAILURE, ERROR, OR DOWNTIME IN THE FUNCTION OF THE SERVICES, OR FROM ANY FAULT OR ERROR MADE BY MFPL'S STAFF, OR FROM YOUR RELIANCE ON CONTENT DELIVERED THROUGH THE SERVICES, OR FROM ANY COMMUNICATION WITH MFPL OR FROM ANY DENIAL OR CANCELLATION OF REQUEST FOR INFORMATION THROUGH THE SERVICES, OR FROM RETENTION, DELETION, DISCLOSURE OR ANY OTHER USE OR LOSS OF CONTENT THROUGH THE SERVICES, REGARDLESS OF WHETHER MFPL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, YOUR SOLE REMEDY WILL BE LIMITED TO THE CORRECTIONS OF SUCH ERRORS, AS DEEMED FIT BY MFPL IN ITS SOLE DISCRETION.

WITHOUT PREJUDICE TO THE AFORESAID, IT IS HEREBY ACKNOWLEDGED BY THE END USER THAT THE AGGREGATE LIABILITY OF MFPL, FOR ANY REASONS WHATSOEVER, WILL NOT EXCEED RS. 100/- (RUPEES ONE HUNDRED ONLY) OR THE TOTAL COST PAID BY THE END USER IN THE PERIOD OF 12 (TWELVE) MONTHS PRIOR TO WHICH THE CLAIM AROSE, WHICHEVER IS LOWER.

INDEMNIFICATION

You agree to indemnify and hold MFPL, the licensors, business partners of MFPL or the service providers and their respective officers, directors, shareholders, employees, sub-contractors, agents, parent companies, sister companies, subsidiaries and other affiliates, indemnified and harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Your use of the Application/website or Services, any unauthorized use of the Application/website/Services by You, Your violation of these Terms, or Your violation of any rights including rights in any form of intellectual property of any third party and/or any violation of applicable law by You.

DISCLAIMER; NO WARRANTIES

EXCEPT AS EXPRESSLY SET FORTH IN THIS TERMS, MFPL EXPRESSLY DISCLAIMS ANY OTHER WARRANTY WITH RESPECT TO THE USE OF THE APPLICATION/WEBSITE/WEB SITE/SERVICES OR ANY CONTENT OR INFORMATION DELIVERED OR SENT THROUGH THE SERVICES TO YOU. THE SERVICES ARE PROVIDED WITHOUT ANY EXPRESS OR IMPLIED GUARANTEE OR ASSURANCE OF QUALITY, RELIABILITY OF THE INFORMATION DELIVERED THROUGH THE SERVICES. MFPL DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES WITH REGARD TO THE SERVICES. MFPL DOES NOT WARRANT OR GUARANTEE THAT THE USE OF THE SERVICES WILL NOT CAUSE ANY DAMAGES TO YOUR MOBILE PHONE OR TO ANY OTHER SERVICES PROVIDED TO YOUR MOBILE PHONE OR APPLICATION/WEBSITES OR WEBSITE AND CONTENT THAT RESIDE ON YOUR MOBILE PHONE/PC/LAPTOP. YOU AGREE AND ACKNOWLEDGE THAT THE USE, AND ACCESS OF THE SERVICES IS ENTIRELY, OR AT THE MAXIMUM PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK.

MFPL DOES NOT WARRANT OR GUARANTEE THAT THE APPLICATION/WEBSITE AND SERVICES WILL OPERATE IN AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE MANNER, OR THAT THE SERVICES WILL ALWAYS BE AVAILABLE OR FREE FROM ERRORS OR THAT THE SERVICES WILL BE IMMUNE FROM UNAUTHORIZED ACCESS.

MFPL DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS THAT YOU WILL FIND THE SERVICES SUITABLE FOR YOUR NEEDS. MFPL DOES NOT WARRANT OR GUARANTEE THAT THE INFORMATION YOU RECEIVE TO YOUR MOBILE DEVICES/SYSTEM WILL BE FREE FROM TECHNICAL INACCURACIES.

MFPL WILL BE ENTITLED TO USE, SUBJECT TO THE PRIVACY POLICY AS DEFINED ABOVE, ANY INFORMATION SUPPLIED BY YOU DURING THE COURSE OF ACCESSING AND USING THE SERVICES.

OWNERSHIP; PROPRIETARY RIGHTS

The ToPAY Services and the ToPAY Platform are owned and operated by MobilePe Fintech Private Limited. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of the ToPAY Services and the ToPAY Platform provided by MFPL are protected by Indian copyright, trade dress, patent, and trademark laws and all other relevant intellectual property and proprietary rights, and applicable laws.

As between You and ToPAY, all Materials, trademarks, service marks, and trade names contained on the ToPAY Platform are the property of MFPL. You agree not to remove, obscure, or alter ToPAY or any third party’s copyright, patent, trademark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the ToPAY Services/ ToPAY Platform. Except as expressly authorized by MobilePe Fintech Private Limited.

You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. ToPAY reserves all rights not expressly granted in this Agreement.

If you have comments regarding the ToPAY Services and/or the ToPAY Platform or ideas on how to improve it, please contact customer service. Please note that by doing so, you hereby irrevocably assign to ToPAY, and shall assign to ToPAY, all rights, title and interests in and to all ideas and suggestions and any and all worldwide intellectual property rights associated therewith. You agree to perform such acts and execute such documents as may be reasonably necessary to perfect the foregoing rights.

MODIFICATION OF THIS AGREEMENT

MFPL reserves the right to modify or discontinue the Service with or without notice to you. MFPL shall not be liable to you or any third party should MFPL exercise its right to modify or discontinue the Service. You acknowledge and accepts that MFPL does not guarantee continuous, uninterrupted or secure access to Application/website and operation of our Application/website may be interfered with or adversely affected by numerous factors or circumstances outside the control of MFPL.

WAIVER

The failure of ToPAY to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by MFPL.

GOVERNING LAW AND FORUM FOR DISPUTES

These Terms shall be governed by the laws of India. You and MFPL agree to submit to the personal and exclusive jurisdiction of the courts of New Delhi. In case of any dispute or other matter arising in reference to the Terms and/or the Services, such dispute or other matter shall be referred to a sole arbitrator appointed by MFPL and shall be governed by the Arbitration and Conciliation Act, 1996, amended from time to time. The venue for arbitration shall be New Delhi, and shall be conducted in English language. All the costs, charges and expenses in connection to the arbitration shall be solely borne by the End User who raised the dispute.

Subject to the provisions of clause above, the courts having jurisdiction under the provisions of the Arbitration and Conciliation Act, 1996, to determine all the matters which the court is entitled to determine under the Act, including, without limitation, provision of interim reliefs under the provisions of section 9 of the Arbitration and Conciliation Act, 1996, shall exclusively be the courts at New Delhi, India.

SURVIVAL

You agree and confirm that the indemnities, confidentiality obligations, limitation of liability, disclaimer of warranties, dispute resolution mechanism, shall survive the efflux of time.

HEADINGS

The heading references herein are for convenience purposes only and they do not constitute a part of these T&Cs and will not be deemed to limit or affect any of the provisions hereof.

ENTIRE AGREEMENT

This Agreement is the entire agreement between You and ToPAY relating to the subject matter hereof and this Agreement will not be modified except by a change to this Agreement made by ToPAY in accordance with the terms of this Agreement.