“Charge(s)” or “Service Charge” shall mean the charges which Novopay may levy upon the Novopay Customer for the availing of certain Novopay Money services.
“Deals and Offer” here refers to all the promotional activities, including but not limited to discounts and gifts, that will be made available to customers of Novopay Wallet.
“KYC” shall mean know your customer and refers to the various norms, rules, laws and statutes issued by the RBI from time to time under which Novopay is required and may be required to procure personal identification details and proof of documents from the customer as may be required at the time of enrolling for Novopay Services and/ or on a later date, for availing and / or continuation of the Novopay Services.
“Law” shall include all applicable statutes, enactments, acts of legislature, laws, ordinances, rules, bye-laws, regulations, guidelines, directions, directives and orders of any government, tribunal, board, court or recognized stock exchange and applicable international treaties and regulations, in force at the relevant time, and having the force of law;
“Novopay Customer” or “Novopay Wallet user” shall mean a customer who avails of the Novopay Wallet services, has registered for the same with Novopay and has agreed to the terms of service requisite to make him a Novopay Subscriber.
“Novopay App” shall mean the Android, iOS or web application of the Novopay Wallet product.
“Novopay Wallet” issued by RBL Bank” (also referred to as Wallet ) means an open loop prepaid payment instrument (issued by RBL Bank and which is co-branded with Novopay in the form of a virtual Wallet. The Wallet will be issued by RBL Bank on Novopay site www.novopay.in or by Novopay Retailers and can be used to make offline and online payments for goods and services purchased from Novopay Retailers or for peer to peer transfer of funds from one CustomerâsWallet to another, domestic Remittance facility to transfer funds to source or bank account or for any such other reasons as mutually agreed from time to time.
“Novopay Retailer” shall mean any and all retailers/merchants signed up by Novopay to offer Novopay Wallet services at the Retail Point.
“Novopay” shall mean Novopay Solutions Private Limited
“RBI” shall mean the Reserve Bank of India
“RBL Bank” or “Bank”” or “RBL” shall mean the Ratnakar Bank Limited, a scheduled commercial bank and having its registered office at Shahupuri, Kolhapur- 416 001
“Retail Point” shall mean the shop premises of the Novopay Retailer.
“Stored Credentials” shall mean storing the details of the card/Bank Account on the Secured Payment Gateway platform (PCIDSS Compliant) for future use for making payment to the Offline and Online merchants for goods and services without using the wallet
Undertakings:You undertake that
You shall register your own mobile number (the “Registered Mobile Number”) with Novopay to avail of the Wallet services and that you shall intimate Novopay or any Novopay Retailer in case of change to the Registered Mobile Number or in case of change of the ownership of the Registered Mobile Number.
You undertake that you will not carry out any transactions with the Novopay Brand that are deemed to be or may be found to be in violation of the Law.
You will ensure that your personal information as submitted to Novopay at the time of the creation of the Wallet shall be accurate and updated at all points of time. You shall also support required supporting documentation to support the updating of information.
You shall not assign or transfer the Wallet or the services or otherwise grant any third party a legal or equitable interest over it.
You shall not hold multiple Wallet in violation of the applicable laws and regulations.
You understand and agree that:Security
You will maintain the confidentiality of your Wallet Login credentials and will be fully responsible for the disclosure of such credentials and the transactions as a result thereof. You agree to (i) immediately notify Novopay of any unauthorised use of your password or the Wallet or any other breach of security and (ii) ensure that you exit from the Novopay App at the end of each session.
Information in relation to all transactions made will be sent vide SMS to the Registered Mobile Number. Novopay is not liable for any direct or indirect losses that may be caused to you by the sending of such messages to the Registered Mobile Number.
In case of payment through Stored Credentials offering you will ensure that you will input your CVV number and the OTP/Pin on the Novopay App and not disclose the details to the Novopay Retailer accepting the payment
The user interfaces, graphics, logos, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of the Wallet is protected by copyright, designs, patent, and trademark laws, international conventions and other applicable intellectual property and proprietary rights of either Novopay and/or its related Parties.
You agree that you shall have no claims/rights of whatsoever nature in the intellectual property rights arising out of or in connection with the Wallet and services thereto. You undertake that you shall not attempt to modify, alter, obscure,
Novopay undertakes to intimate you of any changes to the charge structure or charges levied on Novopay Subscribers.
Novopay reserves the right to levy charges on any of the services offered under the Novopay Suite of Services. However, such levying of charges will be adequately intimated to you by way of SMS/phone call or by way of notice on Novopay App and at your Retailer Point. For a complete list of charges leviable, please refer to the Novopay website: www.novopay.in
You may receive messages that educate you and provide information to you on the Novopay services and related terms and conditions.
You confirm that you allow Novopay to make available to you, relevant Deals and Offers and you agree to receive SMS on your registered mobile number and in-App messages informing you of such Deals and Offers.
You shall be solely responsible for any transaction that is conducted from your Wallet. Novopay will not be held liable for any transactions fraudulently/negligently conducted by you using your information and you cannot demand a refund on the occurrence of any such incident.
Novopay cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with the above Clauses or from any unauthorised access to or use of your Wallet.
For the purpose of using Wallet, you confirm that you:
Are 18 (Eighteen)) years of age or older;
Are an Indian citizen or a legal resident of India;
Have ensure that the information disclosed to Novopay is true and to the best of your knowledge.
Will ensure that no action or transaction conducted by you is in violation of any law.
Are not ‘incompetent to contract’ within the meaning of the Indian Contract Act, 1972; and
Are entering into and performing this Agreement, as per applicable law.
You further represent and confirm that you are not a person debarred from using the Wallet, the Novopay website and/or receiving the Wallet under the laws of India or other applicable laws.
You confirm that the Wallet Account will only be used in India.
You confirm that your Wallet will maintain the minimum required balance as may be mandated by Novopay from time to time.
Rights, Obligations and Conditions by Novopay and Ratnakar Bank Limited (“RBL”)
Novopay reserves the right to retain all information that it may be privy to with respect to transactions conducted. However, Novopay undertakes that it shall ensure the safety of the information at all times and that if such information is shared with any entity, it will be so shared under strict confidentiality regimes. Novopay also undertakes that at no point will it share or use any sensitive personal data as defined under the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules 2011.
Novopay reserves the right to discontinue this service or disallow you from accessing this service without assigning any reasons or without any prior intimation whatsoever.
Novopay reserves the right to refuse service to any customer and/or Novopay Customer of its choice.
RBL shall be responsible for to the Wallet Customers for all acts of omissions and commissions as regards the Wallet account carried out in pursuance to these terms and conditions
Information Security and Systems
Wallet is committed to protecting your personal information and strives to maintain the privacy of all personal information that Novopay will have access to.
Personal information refers to any information from which your identity is apparent or can be reasonably ascertained. For the purpose of this policy, sensitive personal data or information has been considered as a part of Personal Information.
We may also collect information related to your location, frequency of transactions etc. in the interest of bettering your experience with Wallet. This shall be considered as Additional Information
Together the Personal Information and Additional Information being collected shall be referred to as the Information
Utilisation of the Information
The Information collected will be used for the following purposes:
Verify your identity (in line with the standards as expected by the UIDAI)
Complete your on boarding procedure for Wallet
Respond to requests for service or assistance
Perform market analysis, market research, business and operational analysis.
Internal assessments, operations and related activities
Ensure adherence to legal and regulatory requirements for prevention and detection of frauds and crimes
Accessing and updating your information
You can access your relevant personal information on record by accessing the Your Profile/Your Account section.
If the information so linked to your profile/account is incorrect, you are required to update the information at the earliest. This can be done by editing Your profile information or communicating the same to Novopay.
Disclosure of Information
Internal Use: Novopay and its employees may utilise the Information for the purposes as set out in the âUtilisation of the Informationâ section.
Government agencies: Novopay may share any and all parts of the Information with Government agencies, administrative bodies, authorised law enforcement agencies, court, regulatory/governmental authority or any other organisation, individual or entity for the following reasons
Verification of identity
Prevention, detection, investigation including but not limited to cyber incidents, prosecution and punishment of offences
To comply with any applicable law, order, regulation, or government request
To enforce applicable Terms of Service, including investigation of potential violation
To detect, prevent, or otherwise address fraud, security or technical issues
For any other purpose as required by law, judicial or administrative order or regulation
Novopay may share some or all of the information you provide with the Payment System Providers, Card Associations, Issuing Institutions, other financial institutions and governmental authorities.
Novopay may request for additional documentation/information at any time in order to verify your identity, the accuracy of the information provided or to satisfy legal, regulatory or policy requirements.
Security Practices and Procedures
Novopay adopts reasonable security practices and procedures, in line with international standard IS/ISO/IEC 27001, to include, technical, operational, managerial and physical security controls in order to protect the Information from unauthorised access, or disclosure while it is under control.
Internal access to the Information is on a need- only basis. Further, employees and personnel of Novopay are bound by Code of Conduct and Confidentiality Policies which obligate them to protect the confidentiality of the Information.
Adequate steps are taken to ensure that third parties to whom the Information is shared adopt reasonable level of security practices and procedures to ensure security of the Information
The Information will be retained for as long as is required to provide the services to you or as may be required for internal operations or as may be required by law.
Right to terminate
Novopay and RBL reserve the right to suspend and/ or discontinue the Wallet services at any time, without giving prior intimation to you, for any one of the following reasons, including but not limited to:
For any suspected violation of any rules, regulations, orders, directions, notifications issued by RBI from time to time or for any violation of these Terms and Conditions or the policies of Novopay and/or RBL.
For any discrepancy or suspected discrepancy in the particular(s) or documentation or personal information provided by you.
To combat potential fraud, sabotage, wilful discretion, threat to national security or for any other force majeure etc.
In order to comply with applicable laws and regulations.
For any technical failure, modification, upgradation, variation, relocation, repair, and/or maintenance due to any emergency or for any other technical reasons.
On account of your ineligibility under any criteria as mandated by Novopay and RBL
However, prior to such suspension/discontinuance of the Wallet services, you shall, at the sole discretion of Novopay, be provided with the ability to transfer/utilize the balances lying in the Wallet Account
In the event of occurrence of transactions that may be considered as dubious or undesirable, Novopay and RBL reserve the right to freeze the operations in such Wallet accounts and/or close the Wallet accounts including reporting to authorities as may be required as per applicable regulations and as may be deemed fit and proper.
SeverabilityIf any part of these Terms and Conditions are adjudged illegal or inoperable for any reason, the same shall be severed from the remainder of this document and only that portion of this document that is specifically adjudged illegal or inoperable shall cease to govern the relationship between Novopay, RBL and you.
IndemnityYou shall be liable to Novopay and RBL for any losses, expenses or damages and agree to indemnify, defend and hold harmless Wallet and RBL and/ or the Novopay Retailer harmless from any and all claims, losses, damages, liabilities, costs and expenses, including and without limitation legal fees and expenses arising out of or related to its use or misuse of the Wallet services, violation of these terms and conditions or any breach of the representations, warranties and covenants made by you.You shall indemnify Novopay and/or RBL against any fraud or any loss or damage suffered by Novopay and/or RBL due to the failure on your part to communicate accurate Personal information.
Limitation Of LiabilityUnder no circumstances will Novopay be liable to you for any loss or injury or any direct, indirect, special or other consequential damages arising out of or in connection with your access or use of, or inability to access or use the application, service and any information available thereon and notwithstanding any failure of essential purpose of any limited remedy. Without limiting the generality of the foregoing, Novopayâs total aggregate liability arising from or related to your use of the application, service, whether in contract or tort, shall not exceed Rs.1000/- (Rupees One Thousand only) or the value of the transaction -whichever is lesser.
TermThis Agreement shall commence from the creation of the Wallet account for you and shall be deemed to be renewed on an annual basis upon every transaction.
Dispute RedressalIn case of any dispute arising out of or in connection with the Wallet account, you may notify Novopay of the same, pursuant to which Novopay will take the requisite steps to convene mediation proceedings or will take steps in accordance with the grievance redressal policy as applicable.
Governing law and jurisdictionIt is mutually agreed between the Parties hereto that this Agreement shall be construed according to the laws of the Republic of India, and any dispute or claim arising under this Agreement shall be subject to the exclusive jurisdiction of the Courts at Bangalore.