ToPAY sparked India's Digital Revolution.

English Hindi Tamil

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: 2nd Floor, survey No 962, A Block, 3rd Main Road Ram Nagar South Madipakkam Chennai Tamilnadu 600091 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.

UPI

1. ToPAY will not be responsible for any failure in the link or wrong transfer or for any fraud (either at the payment gateway's end and/or the bank's end) or failure of telecommunication network, that could take place at the time of loading/reloading. You confirm that the money used for loading/reloading is from legitimate sources only and the transactions executed by you are not for the purpose of contravention and/or evasion of any Applicable Laws including anti-money laundering laws, and any rules, regulations, notifications, or directions issued by any regulatory authority in India including the RBI.

2. ToPAY Mobile APP: UPI handle for your ToPAY Account.

You will be able to create a UPI handle / UPI ID for your ToPAY Account and use UPI Services, only through ToPAY Mobile Application. If you have a valid and active Full KYC ToPAY Account with a registered mobile number. Please note that for the purpose of this, all references to 'UPI handle' / 'UPI ID' shall mean and refer to ‘ToPAY Account - UPI ID', unless mentioned otherwise.

You agree and understand that the issuance of a UPI ID including the format of the UPI Handle will be at the sole discretion of ToPAY and in accordance with applicable laws.

1. Using UPI Services.

1. Make payments to Merchants using UPI Services: You will be able to make payments to Merchants using the UPI Services on the ToPAY app, by following the below steps: -

1. Select 'UPI' as a payment method for making payments to Merchants.

2. Scan the Merchant's UPI QR code or enter your UPI ID;

3. You will thereafter receive a notification from ToPAY requesting payment to the Merchant.

4. Click on the notification to review the payment request, including the amount to be paid; and if all the information is accurate, confirm the payment to complete your transaction.

5. In case you do not receive the payment request notification on your mobile or you missed it, you can also view the payment request by visiting the 'Pending Transactions' tab on the ToPAY app.

1. Transfer of funds using UPI Services: You will be able to use the UPI Services to transfer funds from your ToPAY Account. This can be done in either of the following ways: -

Transfer funds against a 'collect request':

1. Visit the 'pending payments' tab within the ToPAY mobile app.

2. Review your pending payment requests. If all the information is accurate, you may accept the payment request otherwise you may decline the payment request.

3. If you choose to accept a payment request, click on the ‘Pay Now’ tab and thereafter undertake the additional factor of authentication, to complete the transaction.

4. If you decline the request, the payment will not be completed.

Transfer funds using the 'Send Money' option:

1. Visit the 'Send Money' tab on the ToPAY mobile app;

2. Enter the beneficiary details to whom you want to make the payment.

3. Verify the name of the payee and enter the amount.

4. Click on the ‘Pay Now’ tab and thereafter undertake the additional factor of authentication, to complete the transaction.

1. Transaction Limits for UPI Services: Transactions made by you using the UPI Services on the ToPAY app cannot exceed daily limits prescribed by the NPCI from time to time.

5. Refunds: In case of failed/returned/rejected/cancelled transactions, including transactions made using UPI Services, refund received on ToPAY Cards/ToPAY Account will be applied to the value already stored in the ToPAY Card/ToPAY Account. The refund transactions will need to comply with PPI Laws. However, if you erroneously processed a payment to a Merchant, your only recourse is to contact such Merchant directly and ask them to refund the amount. ToPAY is not responsible for handling any such disputes or liable to reimburse or reverse any such payment.

6. Auto Debit facility for ToPAY Account/ToPAY Card

1. To use the auto debit facility on your ToPAY Account/ToPAY Card, you hereby expressly agree and consent to following general terms: -

• You agree and acknowledge that ToPAY is only a facilitator of payments and is not a party to the payments.

• ToPAY facilitates recharge and payment of bills services by allowing you to pay for the mobile post-paid, prepaid recharge and landline phone bill payment, DTH and subscription for streaming services payment, other utility payments like electricity, LPG etc., credit card payment, insurance premium payment, internet broadband and data card bill payment, municipal tax & water tax payment, toll tax recharge (FasTag), loan repayments and other services provided by ToPAY from time to time which are available:

• through aggregators with whom ToPAY has a contract or

• through the Bharat Bill Payment Operating Unit (BBPOU) infrastructure where the Merchant is registered with NPCI for bill payments (Please refer Clause VI of General Terms of Use for bill payments through BBPOU) or

• through Merchants with whom ToPAY has directly integrated with.

• In order to make the recharge or bill payments you will have to provide the unique customer identity/ subscription identity number or bill number or registered mobile number, or such other unique identifier(s) which are required to fetch the bill value, subscription plan, due date, outstanding amount due and such other information necessary to enable the payment to your account with the Merchant.

• You authorize ToPAY to access, fetch, share, use, store the information related to your account with the Merchant for recharge & bill payment services on an ongoing basis on your behalf for the said purposes.

• You understand that correctness of information is of utmost importance for fetching the right bill and subscription value and you accordingly confirm to ensure and be responsible for the correctness of the identifier information.

• You understand that the amount to be paid, recharged or subscription value is an agreement between you and the Merchant and ToPAY has no obligation to verify the correctness of the same.

• You agree to keep your account information up to date and comply with the terms and conditions at all times otherwise ToPAY has the right to suspend the account or deny any services.

• You agree that providing the recharge & bill payment services the Customer identifier data, location/state and/or KYC information / any other personal information would be required to be shared with the Merchant/ biller for tax /GST purposes.

• You agree and authorize ToPAY to communicate with the Merchant, third party service providers, aggregators with your account information for processing the transaction,

• You also agree that ToPAY may set up a reminder facility or auto payment facility which you expressly consent to and understand that payment once made to the Merchant for is non - refundable.

• You shall be responsible for any duplicate standing instructions for payment or delayed payments, or any penalty/ interest levied by the Merchant on the payments made. It is re-iterated that ToPAY only facilitates the payments to the Merchants on your behalf.

• There may be charges for access, third party payment or such other data fees from third party payment participants and/ or billers which you expressly agree and shall not hold ToPAY liable for the same.

1. Setting up auto debit facility

• The auto debit facility on ToPAY Account/ToPAY Card will be only for recurring transactions and not for a ‘once-only’ payment.

• If you are desirous of opting for auto debit facility on ToPAY Account/ToPAY Card, you will have to undertake a one-time registration process, with Additional Factor of Authentication (“AFA”) validation by ToPAY.

• Registration of auto debit shall be completed only after all requisite information is obtained by ToPAY, including the Merchant details, date and time of debit, validity period of the auto debit etc.

• During the registration process, you will be given an option to provide the auto debit for either a pre-specified fixed value of recurring transaction or for a variable value of the recurring transaction; in the case of the latter, you will clearly specify the maximum value of recurring transactions, subject to the overall cap fixed by the RBI

• Any modification in existing auto debit can only be done by entailing AFA validation.

1. Processing of first transaction and subsequent recurring transactions

• While processing the first transaction in auto debit based recurring transaction series, AFA validation shall be performed. If the first transaction is being performed along with the registration of auto debit, then AFA validation may be combined. All such AFA validation shall be as per the extant instructions of the RBI. These subsequent transactions may be performed without AFA.

1. Pre-transaction notification

• ToPAY will send a pre-transaction notification to you, at least 24 hours prior to the actual charge / debit to the ToPAY Account/ToPAY Card. While registering auto debit on ToPAY Account/ToPAY Card, you will be given facility to choose a mode among available options (SMS, email, etc.) for receiving the pre-transaction notification from ToPAY in a clear, unambiguous manner and in an understandable language. You can also change this mode of receiving pre-transaction notification by ToPAY.

• The pre-transaction notification will contain details about the name of the merchant, transaction amount, date / time of debit, reference number of transaction/ auto debit, reason for debit, i.e., auto debit registered by you.

• On receipt of the pre-transaction notification, you will have the facility to opt-out of that particular transaction or the auto debit. Any such opt-out shall entail AFA validation by ToPAY. On receipt of intimation of such an opt-out, ToPAY will ensure that the particular transaction is not affected / further recurring transactions are not affected (as the case may be). A confirmation intimation to this effect will be sent to you.

1. Post-transaction notification

• ToPAY will send post-transaction alert / notification to you which will entail all the above-mentioned details such as name of the merchant, transaction amount, date / time of debit, reference number of transaction/ auto debit, reason for debit, i.e., auto debit registered by you.

• Suitable velocity checks and other risk mitigation procedures should be put in place by ToPAY to monitor such auto debit transactions.

1. Withdrawal of auto debit

• ToPAY will provide you with an online facility to withdraw any auto debit at any point of time in accordance with applicable laws following which no further recurring transactions shall be allowed for the withdrawn auto debit. (Note: The exception to this will be a pipeline transaction for which pre-transaction notification has already been sent to you, but the debit has not been communicated to or received by you, and the auto debit withdrawal happens during the interregnum.) ToPAY will clearly communicate to you about the facility to withdraw auto debit at any point of time at the time of registration and later on whenever felt necessary.

• The withdrawal of any auto debit by you can only be done by entailing AFA validation by ToPAY.

1. Dispute resolution and grievance redressal

• Any grievance by the you for auto debit facility shall be settled purely as per the provisions of the Customer Grievance Policy () of ToPAY.

1. Fees and Charges: ToPAY reserves its right, in its sole discretion and without any prior notice, to impose and/or revise charges/commissions in relation to the use of your ToPAY Account /ToPAY Card/ UPI Services. The current charges are available on Portal.

2. Inactivity: If you do not undertake any financial transactions using your ToPAY Account /ToPAY Card or UPI Services for a consecutive period of 1 year, the ToPAY Account will be considered inactive. In such cases, ToPAY will inform you at least 45 days prior to completion of 1 year to either transact using the ToPAY Account /ToPAY Card or utilize any outstanding balances. If you wish to reactivate an account considered inactive, you can do so via any applicable self-serve mechanism such as device binding or will have to contact us through our customer care details as mentioned under these PPI Terms and comply with applicable validation norms, as prescribed by ToPAY and under Applicable Laws.

3. Closure: Your ToPAY Card/ToPAY Account can be closed any time by making a request to us. The remining amount (if any) on the ToPAY Account will be transferred by back to its source account or registered bank account of the Customer. If you plan deactivate your mobile number used to register for use of ToPAY Account, please update your new number with us by contacting us at help@ToPAYit.com () or close your ToPAY Account . Please note that any change in your registered mobile number will be done in accordance with the ToPAY’s internal polices and applicable law, including the KYC guidelines/Framework.

4. Terms and conditions of ToPAY Card/ToPAY Account:

1. ToPAY Card and your ToPAY Account, including UPI Services should only be used for Bonafide and personal purposes. Your use of the Portal, ToPAY Account, ToPAY Card and UPI Services will be at your own risk.

2. You will use ToPAY Account / ToPAY Card only for uses permitted under these PPI Terms and for lawful purposes.

3. You will not impersonate any person or access accounts of others without permission.

4. You will not use ToPAY Account / ToPAY Card / UPI Services to defraud ToPAY, its affiliates or any other third parties.

5. Any web-link on the Portal to a third-party site is not an endorsement by ToPAY. By accessing or using such link, you will be bound by the terms and conditions applicable to such site.

6. You will use ToPAY Account / ToPAY Card / UPI Services in good faith and in compliance with all Applicable Laws.

7. Your ToPAY Account/ToPAY Card cannot be used for foreign exchange or cross-border transactions.

8. Issuance of ToPAY Card/ToPAY Account or enabling UPI Services on your ToPAY Account is at the sole discretion of ToPAY.

9. No interest is payable on your account balance on ToPAY Account .

10. Your transactions are processed based on your explicit consent or authorization in accordance with Applicable Laws.

11. We do not take any responsibility for any loss, damage or injuries suffered or caused to the you in connection with the service, quality of goods and services provided by the Merchants, refusal to accept (or conditional acceptance of) the ToPAY Card or the UPI Services by Merchants or the inability (technical issues) to use the ToPAY Card or the UPI Services at Merchants. Any dispute or claim regarding the product / merchandise / goods or services purchased / availed on from Merchants using ToPAY Account /ToPAY Card/ UPI Services must be resolved with the concerned Merchant.

12. The charges incurred at certain Merchants may include a charge for availing certain additional services or other facilities provided by such Merchants.

13. ToPAY will monitor your transactions for high risk or fraudulent transactions. ToPAY may suspend or discontinue your access / use to or of your ToPAY Account/ToPAY Card or UPI Services, for any reason at any time without written notice to you. In addition, ToPAY may suspend your use of your ToPAY Account/ToPAY Card/ UPI Services if it suspects that a transaction is being undertaken or your ToPAY Account /ToPAY Card/ UPI Services is being or is likely to be used without authorization, fraudulently, suspiciously or is otherwise unusual based on prior transaction activity / history and as per our internal fraud control policies.

14. You agree and understand that ToPAY may report suspicious or fraudulent transactions to relevant authorities based on internal policies and / or Applicable Laws. ToPAY is not responsible for any loss caused to you as a consequence of such reporting by ToPAY.

15. ToPAY may terminate your ToPAY Account in case of violation of any PPI Terms or internal policies or any other Applicable Laws. In such a case, the balance amount in your ToPAY Account will be transferred back to your source account.

16. The records of transactions maintained by ToPAY regarding your ToPAY Account/ToPAY Card/ UPI Services shall be conclusive and binding for all purposes.

17. The ToPAY Account will be valid for a period of one (1) year from the date of last loading/reloading in the ToPAY Account. The ToPAY Card issued by ToPAY will be valid as per the validity period mentioned in the ToPAY Card. ToPAY will intimate the customer through a SMS on the registered mobile number, 45 days prior to expiry of validity period of the ToPAY Account and/or ToPAY Card.

18. Any grievance including any claim for compensation made by the customer shall be settled purely as per the provisions of the Customer Grievance Policy () of ToPAY.

5. Disclaimers:

1. Your Account details including login Information should be kept confidential and secure by you.

2. ToPAY is not responsible if the ToPAY Card is lost, stolen, destroyed or used without permission. You will take reasonable precaution to prevent misuse of the PIN.

3. You shall be solely responsible for any consequences arising directly or indirectly out of the disclosure of the PIN and/or unauthorised use of ToPAY Card as a result of any misuse.

4. ToPAY disclaims and you release ToPAY from any liability for any unauthorised use of your ToPAY Account /ToPAY Card and for any loss or damage incurred directly or indirectly by you as a result.

5. You are responsible for safe custody of the ToPAY Account/ToPAY Card. In case of loss or theft of ToPAY Card or misuse of ToPAY Account/ToPAY Card, you should immediately inform ToPAY.

6. You are responsible for and liable for all unauthorized transactions till you report the unauthorized transaction(s)/misuse/theft of the ToPAY Card/ToPAY Account to ToPAY.

7. You should be careful while updating your bank accounts and adding beneficiaries as ToPAY shall not be liable for any incorrect details submitted by you on your ToPAY Account. You will receive an alert when a new beneficiary is added.

8. Where the mobile phone or other device used to access ToPAY Account gets stolen/ lost or object to any transaction or you become aware of any unauthorized transaction from your ToPAY Account, you are required to immediately inform ToPAY about the same. Such complaint can be reported at the customer care as mentioned under these PPI Terms. ToPAY reserves the right to restrict any transaction on such account, in order to prevent any unauthorized usage of the ToPAY Account.

9. In case of change in mobile number or other information/documents provided to ToPAY at the time of onboarding, you are required to intimate ToPAY immediately. ToPAY will not be liable for any fraudulent transactions undertaken prior to intimation to ToPAY about the change in your details.

10. Due to the inherent nature of internet, it is possible that there can be failures at multiple points during a transaction. ToPAY is not liable for any loss caused to you due to such failures or inefficiencies of third-party stakeholders.

6. Your liability in case of unauthorized transactions.

o If an unauthorized transaction takes place due to our negligence or deficiency, we will refund the funds to your ToPAY Account.

o In cases where the loss is due to your negligence, such as where you might have shared the payment credentials, you will bear the entire loss until you report such unauthorized transaction to us. You will not be made liable for any further loss on ToPAY Account after you have reported the unauthorized transaction to us.

o In case of any third party breach which is not caused due to the deficiency at your end, or our end, you will report such unauthorized transaction within 3 days, failing which your liability on such transaction will be (a) transaction value or INR 10,000 per transaction, whichever is lower, in case you report such transaction within 4 to 7 days or (b) liability will be decided on case to case basis. Please refer to our Customer Grievance Redressal Policy for more details.

o In case we are not able to complete our investigation within 90 days, we will refund the funds to ToPAY Account as per PPI Laws and our internal policies.

7. Communication. ToPAY may, from time to time, send communications to you in relation to ToPAY Account or ToPAY Card. You authorize and consent for ToPAY to communicate with you.

8. Release, Indemnity and Limitation of Liability.

o You release, agree to defend, indemnify and hold harmless ToPAY, its affiliates, licensees and its officers, directors, agents and employees, from all responsibility and liability for any loss, damage, claim, demand or liability in any form (including reasonable attorney fees), in relation to: (i) any unauthorized use of ToPAY Account or ToPAY Card that you hold; (ii) ToPAY acting in good faith on any instructions received from or on behalf of you or which ToPAY (in good faith) believes to be from you; (iii) error, delay, default or inability of ToPAY to act any of your instructions; and (iv) any breach by you of Applicable Laws and / or these PPI Terms.

o In no event will ToPAY be liable for any indirect, consequential, incidental, special or punitive damages, including without limitation damages for loss of profits or revenues, business interruption, loss of business opportunities, loss of data or loss of other economic interests, whether in contract, negligence, tort or otherwise, arising from the use of or inability to use the PPI Services, however caused and whether arising in contract, tort, negligence, warranty or otherwise, even if we have been advised of the possibility of such damages.

o In any event, the total aggregate liability of ToPAY under these PPI Terms will not exceed the amount paid by you for using the PPI Services giving rise to the cause of action or INR 100 whichever is less.

9. Privacy.

o Your personal information/data provided during the course of your use of the PPI Services will be treated in accordance with the Privacy Policy, KYC Policy and KYC Framework.

o By using the PPI Services, you understand and acknowledge that we may use your personal information/data (provided in the course of your use of the PPI Services) for making promotions available to you or for providing you offers, in accordance with the Privacy Policy and the KYC Framework.

o By using PPI Services, you agree and acknowledge that we may share your personal information/data with the other regulated entities such as banks, NBFCs, etc. for assessing you, for underwriting you and/or for KYC verification and/or for such other verification that may be required under the Applicable Law.

10. Other Terms. All other terms and conditions under the General Terms of Use and Privacy Policy including but not limited to intellectual property rights, disclaimers and other terms are incorporated herein by reference and will apply to you. Any conflict between the General Terms of Use or Privacy Policy and these PPI Terms will be resolved in favour of these PPI Terms.

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.

Get In Touch

Terms & Conditions