TERMS & CONDITIONS FOR UNIFIED PAYMENT INTERFACE (“UPI”)
This document lays down the “Terms and Conditions” which regulate the provision of fund transfer and fund collection facility using the UPI application/platform developed by Aditya Birla Idea Payments Bank Limited (hereinafter referred to as the “Bank” or “ABIPBL” or “We”). The Bank application software “BHIM ABPB” is hereinafter referred to as “the App”. The Bank shall endeavour to provide to the Customer, UPI services in accordance with the UPI guidelines, circulars and/or regulations issued by the Reserve Bank of India (“RBI”) and/or National Payments Corporation of India (“NPCI”) from time to time subject to the terms and conditions herein specified
These Terms, along with the terms and conditions for any account/services of Bank connected with the App and/or UPI service offered by the Bank, form a contract between the Customer (‘you’) and the Bank. By transacting using the App or using Bank’s UPI services on any merchant website/ merchant platform, or creating a Virtual Payment Address (“VPA”), or availing any UPI related services offered by the Bank, the Customer acknowledges that he has read, understood and accepted these terms and conditions.
Bank has the absolute discretion to amend or supplement any of the Terms as stated herein at any time and will endeavour to give prior notice of thirty days for such changes by display on the App or website or other mode of communication as it deems fit, wherever feasible. By using the new services, the Customer shall be deemed to have accepted the changed terms and conditions.
The term Customer shall include both singular and plural. Reference to masculine shall include the feminine and neuter gender. Reference to any law/ provision includes consolidation, amendment, re-enactment or replacement thereof. In case of conflict between the meaning assigned to a term in a particular section of these Terms and general terms and conditions, the meaning assigned in the particular section shall govern the scope of the term in only that section.
- “Customer” refer to the individual or entity who has downloaded the Bank’s UPI Application, transact using the App and/ or avails Banks’s UPI service.
- "Merchant" shall include any establishment and/or entity which accepts the UPI payments through the App as a payment method for online or offline purchase of goods and/or services.
- “Virtual Payment Address” or “VPA” means a unique Payment Identifier issued by a Payment Service Provider (“PSP”) to a Payer or a Receiver that, among other things, can be used to identify the debit or credit to a bank account.
- “Payment Service Provider” or “PSP” means entities which are allowed to issue virtual addresses to the Customers and provide payment (credit/debit) services to individuals or entities and regulated by the Reserve Bank of India, in accordance with the Payments and Settlement Systems Act, 2007.
- "Remitter Bank" means the account holding bank of the Payer where the Debit of the UPI instruction is received from the Payer for execution on real time basis.
- “Beneficiary Bank" means the account holding Bank of the receiver where the payment instruction through UPI services for crediting the account is received from the Payer to be executed either in real time basis or periodically with a settlement process.
- "UPI Service" means the Unified Payments Interface Service based electronic fund transfer and fund collection facility provided by ABIPBL to its Customers through the NPCI UPI System as per the Guidelines issued from time to time.
- “UPI PIN” means the Mobile Personal Identification Number also known as MPIN (same which is applicable to mobile Banking) for authenticating the services provided under UPI.
- “Payer” means any person holding a banking account and who desires to pay money to the Receiver for purchase of goods or services online using the UPI Services, being offered by the Merchant on its website or mobile application thereto.
- “Receiver" means any person or the Merchant holding a banking account, who are desirous to receive payments from the Payer using UPI Services. In case the Payer is User of the Merchant and is paying money to the Merchant for purchase or utilization of goods and services from the Merchant, the Merchant shall be the Receiver.
- “Transaction” means every payment instruction that results in a debit (excluding Non-Financial transactions) to the Payer’s Account and a corresponding credit to the Receiver’s Account.
- “Non-Financial Transactions” means any transactions which is initiated on the app but does not result in debiting/crediting of User accounts.
Applicability of terms:
These Terms and Conditions are applicable to all transactions initiated by Customer using the App and / or Bank’s UPI service.
These Terms shall be in addition to and not in derogation of the Guidelines issued by NPCI from time to time for UPI Services provided by the Bank.
Disclaimer of Warranty:
The App is provided on an "as is" basis with no representation, guarantee or warranty of any kind, either express or implied, as to its functionality. Downloading or using the App does not automatically entitle the Customer to receive hard-copy documentation, technical support, telephone assistance, or updates to the App from the Bank. No warranty is provided that the App will be free from defects or virus or that operation of the App will be uninterrupted. Use of the App by the Customer is at the Customer’s own discretion and risk, and the Customer is solely responsible for any damage resulting from the use of the App/Bank’s UPI service.
Disclaimer of Liability
The Bank has the absolute right to grant access to a Customer to use the App and the Customer agrees and consents that the Customer shall not engage in any activity that shall interfere with or disrupts the App. In the event of any misuse of the App, Bank shall have sole and absolute discretion to take suitable action against the Customer, including and not restricting Bank’s right to seek appropriate legal remedies at the Customer’s cost and expenses. Further, nothing herein shall restrict Bank’s right to delete / block / blacklist / prohibit creation of such VPA’s which in Bank’s sole and absolute discretion are misleading and/or likely to create confusion.
- The Customer agrees and acknowledges that the Bank shall not be liable and shall in no way be held responsible for any damages whatsoever whether such damages are direct, indirect, incidental or consequential and irrespective of whether any claim is based on loss of revenue, interruption of business, transaction carried out by the Customer, information provided or disclosed by issuer Bank regarding Customer’s account(s) or any loss of any character or nature whatsoever and whether sustained by the Customer or by any other person. While Bank shall endeavour to promptly execute and process the transactions as instructed to be made by the Customer, Bank shall not be responsible for any interruptions, non-response or delay in responding due to any reason whatsoever, including due to failure of operational systems or non-response or delay due to any requirement of law.
- Bank shall not be liable for any loss, claim or damage suffered by the Customer and/or any other third party arising out of or resulting from failure of any transaction initiated via the App on account of time out transaction i.e. where no response is received from the Bank or the beneficiary bank to the transaction request. ABIPBL or the beneficiary Bank shall also not be liable for any loss, damage and/or claim arising out of or resulting from wrong beneficiary details, mobile number and/or account details being provided by the Customer.
- Bank shall not be responsible for any electronic or mechanical defect, data failure or corruption, viruses and bugs or related problems that may be attributable to Customer telecommunication equipment and/or the services provided by any third party service provider.
- Records of transactions arising out of the use of the UPI Services, including the time the transaction is recorded by the Bank, shall be conclusive proof of the transaction. The Bank expressly disclaims all warranties of any kind, whether express or implied or statutory, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, data accuracy and completeness, and any warranties relating to non-infringement in the UPI services.
- The rights granted to a Customer are limited, non-exclusive, non-transferable, non-sub licensable. Customer should not (i) indulge in any modification, adaptation, improvement, enhancement, translation or creation of derivative work of the App (ii)decompile, reverse engineer, copy, disassemble, and attempt to derive the source code of, or decrypt the App.(iii) Remove or alter any propriety notices, legends, symbols or labels in the App, including, but not limited to any trademark, logo or copyright. Any breach of these terms shall entitle the Bank to seek appropriate legal actions against the Customer, as it deems fit and appropriate, including and not restricting the right to disable the App.
The Customer agrees, at its own expense, to indemnify, defend and hold harmless the Bank, its directors, employees, assigns etc., in connection with the use of the UPI Services/the App, including with reference to:
- a violation of these Terms by the Customer;
- any deletions, additions, insertions or alterations to, or any unauthorized use of the App/UPI services by the Customer;
- any misrepresentation or breach of representation or warranty made by the Customer contained herein;
- any breach of any covenant or obligation to be performed by the Customer hereunder;
- The Customer agrees to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys’ fees and costs awarded against it or otherwise incurred by or in connection with or arising from any such claim, suit, and action or proceeding attributable to any such claim.
Termination of services
- UPI Services will automatically terminate if the Customer’s account linked to the App is closed or the account holding bank withdraws or terminates the UPI services anytime for the Customer’s account either entirely or with reference to a specific UPI services.
- Notwithstanding anything herein to the contrary, Bank reserves the absolute discretion to suspend or terminate the UPI services and/or right of access the App for any reason, with prior intimation, where feasible, and at any time.
- Any termination by Bank under these Terms will not affect any of the obligations of the Customer under these Terms and Conditions which have arisen before the effective date of such termination.
- The Customer agrees that dispute resolution shall be as per the guidelines issued by NPCI from time to time.
- The Customer understands that the transaction may be rejected or cancelled in case the instructions and/or any authentication credentials or any details, documents or information provided by the Customer are false or not in accordance with the conditions stipulated by the Bank or the Reserve Bank of India or the Beneficiary bank or the Remitter Bank.
- The Customer also understands that the transaction may also be cancelled/rejected due to any of the reasons like "the designated account of beneficiary not being maintained by the Beneficiary bank" or an attachment order having been passed on the designated Beneficiary account by a competent authority/Court or details pertaining to the Beneficiary/Beneficiary account details recorded with the Beneficiary bank does not match or any other reasons.
- Bank shall solely rely on the instruction issued through the App/ on Merchant app or website and shall not be under any obligation to verify the authenticity of any transaction purporting to have been sent by the Customer. The display produced at the time of operation of the App/ Merchant website or app, is a record of the transaction for the Customer and shall not be construed as the Bank's records of the underlying transactions.
- The Bank shall take reasonable care to ensure the security of and prevent unauthorized access to the App/UPI service offered by the Bank using technology reasonably available to the Bank. The Customer will be solely responsible for maintenance of the secrecy and confidentiality of the UPI PIN and unauthorised usage of his mobile device / compute without any liability to the Bank.
- The laws of India shall govern these Terms and the usage of UPI services /the App by the Customer and any legal action or proceeding pertaining to UPI Service /the App or arising out of these Terms shall be brought in the competent courts/tribunals/forums in Mumbai, India. Bank accepts no liability whatsoever, direct or indirect for non-compliance with the laws of any country other than that of India.
- Bank may, however, in its absolute discretion commence any legal action or proceedings arising out of these Terms in any other court, tribunal or other appropriate forum, and the Customer hereby consents to that jurisdiction.
- The headings in the clauses of these Terms are only for convenience and do not affect the meaning of the clauses.
- Customer hereby agrees and consents that he shall not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to the Bank.
- Bank reserves the right to disclose any information as may be required under applicable law to satisfy any legal, regulatory or government request.
- Customer agrees to receive via SMS, email & phone call such information as the Bank perceives to be of his interest. This may include offers, discounts and general information. This shall be subject to extant Telecom Regulatory Authority of India (TRAI) / Reserve Bank of India guidelines on Unsolicited Commercial Communications (Do no call facility).
- By accepting these terms and conditions, the Customer acknowledges and agrees that the Bank may call the mobile phone number provided by the Customer (while registering for the service or on any such number replaced and informed by the Customer) for the purpose of collecting feedback from the Customer regarding the services availed from various service providers and/or operators.
- The Customer shall enter/provide accurate details including exact amount, mobile number, account number etc., while using any services of the Bank.
- The Customer understands that the Bank may not offer all the services/solutions at the time of Customer joining the UPI platform and the number/type of services offered may vary from time to time.
- Failure by the Bank to enforce any rights conferred by these Terms or any law, shall not be deemed to be a waiver of any such rights and shall not operate against the exercise or enforcement thereof at any subsequent time.
- Customer irrevocably and unconditionally authorises the Bank to access all the Customer's Account(s) and records for the purpose of providing the UPI Facility. The Customer agrees that the Bank and its affiliates (or their contractors) may hold and process its personal information and all other information concerning its Account(s) on computer or otherwise in connection with the UPI Facility as well as for data analytics, marketing, or any other purposes, in line with applicable law and in order to enhance/improve Bank services.
- The Customer agrees that an e-receipt shall be produced on transactions made by him and that no separate receipt shall be issued by the Bank.
- The Bank shall not be concerned with any dispute that may arise between the Customer and the Merchant/any third party and makes no representation or gives no warranty with respect to the quality of the product/service provided by the Merchant or guarantee for timely delivery of goods/services.
- The Customer shall ensure that there are sufficient funds/ cleared balance in his Savings account linked with Bank UPI to execute transactions and the Bank shall not be liable for any consequences arising out of the Bank's failure to carry out the instructions due to inadequacy of funds. In the event there are insufficient funds, the Customer may be liable for prosecution under the provisions Payment and Settlement Systems Act, 2007 read with Negotiable Instruments Act, 1881.
- The Customer understands that once a payment instruction is issued, the same cannot be subsequently revoked by him.
- The Bank has absolute right to grant access to the Customer to use the App/UPI services and Customer agrees and consents that the Customer shall not engage in any activity that shall interfere with or disrupts the App/UPI services.
- Bank shall under no circumstance be held liable to the Customer if the App/service access is not available in the desired manner for reasons including but not limited to natural calamities, legal restraints, faults in the telecommunication network or network failure, or any other reason beyond the control of Bank (Force Majeure conditions).
- The App/UPI services may only be used by account holders or customers of those Banks offering UPI Services of NPCI. Authorization to the Customer to use the App/UPI services is subject to the fulfilment of all the terms and conditions laid down by the Customer’s account holding bank.
- Transfer of funds via the App is subject to the restrictions like maximum amount or maximum daily or periodic limits that may be imposed by the Bank or the remitting bank from time to time, at its sole discretion.
- The Customer authorizes the Bank to act as a payment service provider (PSP) and debit account(s) as per instructions received by way of payment orders. The Customer understands that although multiple bank accounts can be linked with the UPI services, debit/credit transactions can be done from the default account only. Customer may change the default account before initiating such debit/credit transactions.
- Customer agrees to assume and take over all consequences and risk of performing UPI transactions through the App and shall be solely responsible for any liability incurred by Bank in execution of any instruction issued via the App/through merchant app/website to avail Bank UPI services. The Customer understands and agrees that once a fund collection/sending request is accepted under UPI services, the default account will automatically be credited/debited with such amounts as may be mentioned in the fund collection/sending request. The Customer understands and agrees that such amounts once credited/debited to default account cannot be reversed by the Customer.
- Customer agrees and accepts that the UPI service is provided by the Bank in line with the RBI’s guidelines on mobile banking which are subject to change from time to time.
- Customer shall inform his account holding Bank immediately of any inquiry, question or issue raised by any authority including but not limited to any statutory authority.
- Bank shall not be liable for any unauthorized transactions occurring through the use of the App/Bank’s UPI services provided, Bank has followed due process, and the Customer hereby fully indemnifies and holds the Bank harmless against any action, suit, proceeding initiated against it or any loss, cost or damage incurred by it as a result thereof.
- The Customer agrees to notify the Bank of any unauthorised transaction at the earliest after the occurrence of such transaction and make sure that the facility is deregistered for his / her mobile no. The understands that the longer the time taken to notify, the higher shall be the risk of loss to the Customer. In case of any unauthorized transaction in his account, the customer should immediately notify the Bank at 1800-209-2265 or Vcare4u@adityabirla.bank.
- The Customer shall be liable for all losses from unauthorized transactions using the App/Bank services if the Customer compromises his credentials. The Customer agrees that he will not hold the Bank responsible for any loss that he may suffer in these circumstances. Illegal or improper use of the Bank’s UPI services/App by the Customer or any other person using Customer credentials, shall render the Customer liable for payment of financial charges/ penalties, as decided by the Bank and/ or shall result in suspension of the Bank’s services provided to the Customer.