Welcome to XYZ Pe Fintech Private Limited ("XYZ Pe Fintech", "we", "us", or "our"). We provide a range of financial technology services, including but not limited to Digital payments, Mobile recharges, Bill payments, Money transfers, Financial Product Aggregation, Micro-lending, investment Platforms, etc.] (collectively, the "Services") through our website, mobile application, and any other digital interface (collectively, the "Platform").
These Terms and Conditions ("Terms") govern your access to and use of our Platform and Services. By accessing, Browse, registering for an account, or using any of our Services, you signify your unreserved agreement to be bound by these Terms, our Privacy Policy, our Cancellation & Refund Policy, and any other policies or guidelines referenced herein or made available on our Platform. If you do not agree to these Terms, you must immediately cease using our Platform and Services.
2.1. Eligibility: To use our Services, you must: a. Be an Indian resident. b. Be at least 18 years of age. c. Be legally competent to enter into a contract as per the Indian Contract Act, 1872. d. Have not been previously suspended or removed from using our Services. e. Comply with all Know Your Customer (KYC) and Anti-Money Laundering (AML) requirements as mandated by the Reserve Bank of India (RBI) and other relevant regulatory authorities.
2.2. Account Registration: a. To access certain Services, you may be required to register for an account ("Account"). b. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. c. You are solely responsible for maintaining the confidentiality of your Account credentials (username, password, PINs, OTPs) and for all activities that occur under your Account. You must notify us immediately of any unauthorized use of your Account or any other breach of security. d. We reserve the right to suspend or terminate your Account and refuse any and all current or future use of the Services if any information provided proves to be inaccurate, not current, or incomplete, or if we have reasonable grounds to suspect that such information is inaccurate, not current, or incomplete.
3.1. Digital Payments (e.g., UPI, Wallet, Bill Payments, Recharges): a. You can make payments, transfer funds, recharge mobile/DTH, and pay various utility bills using our Platform. b. All transactions are subject to limits imposed by RBI, NPCI, your bank, or by us. c. You are solely responsible for ensuring the accuracy of recipient details (e.g., mobile number, bank account, UPI ID, biller details) before initiating a transaction. We are not liable for payments made to incorrect recipients due to your error. d. Successful transactions are generally irreversible. Refunds for failed transactions are processed as per our Cancellation & Refund Policy. e. Your use of UPI services is also governed by the terms and conditions of NPCI and your respective bank.
3.2. Financial Product Aggregation (if applicable): a. If we provide access to third-party financial products (e.g., loans, insurance, mutual funds), we act solely as an intermediary, platform provider, or aggregator. b. The terms and conditions, eligibility criteria, and features of such products are determined by the respective third-party financial institutions (banks, NBFCs, insurance companies, AMCs). You must review and agree to their terms before availing such products. c. We do not guarantee the approval or disbursal of any third-party financial product. All decisions are at the sole discretion of the relevant financial institution.
3.3. Micro-lending, Investment facilitating, B2B Fintech solutions: Describe each specific service clearly, including any unique terms, fees, or limitations.
4.1. Lawful Use: You agree to use the Services only for lawful purposes and in accordance with these Terms, all applicable laws, regulations, and guidelines, including but not limited to the Prevention of Money Laundering Act, 2002, Foreign Exchange Management Act, 1999, Income Tax Act, 1961, and the Digital Personal Data Protection Act, 2023.
4.2. Prohibited Activities: You agree not to: a. Use the Services for any fraudulent, criminal, or illegal activity, including money laundering, terrorist financing, or any other prohibited activities under Indian law. b. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity. c. Interfere with or disrupt the operation of the Platform or the servers or networks connected to the Platform. d. Upload, post, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, defamatory, obscene, or otherwise objectionable. e. Introduce any viruses, trojans, worms, logic bombs, or other material that is malicious or technologically harmful. f. Attempt to gain unauthorized access to any part of the Platform, other users' accounts, or any computer systems or networks connected to the Platform. g. Engage in any activity that could damage, disable, overburden, or impair our servers or networks. h. Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Platform. i. Use any automated means (e.g., bots, scripts) to access, interact with, or collect data from the Platform without our express written permission.
4.3. Accuracy of Information: You warrant that all information you provide to us, including your personal and financial details, is true, accurate, complete, and up-to-date. You shall be solely responsible for any losses or damages arising from the provision of inaccurate or incomplete information.
4.4. Transaction Limits: You agree to abide by any transaction limits (per transaction, daily, monthly) imposed by us, our banking partners, or regulatory authorities.
4.5. Fees and Charges: You agree to pay all applicable fees and charges associated with the Services as displayed on the Platform. All fees are non-refundable unless otherwise specified in our Cancellation & Refund Policy. We reserve the right to modify our fees and charges at any time, with prior notice where required by law.
5.1. As a regulated fintech entity, we are required by law to conduct KYC and AML checks on our users. You agree to cooperate fully with our requests for identity verification, including providing documents such as PAN, Aadhaar (in accordance with UIDAI regulations), passport, or other government-issued identification, and any other information deemed necessary for compliance.
5.2. Your access to or use of certain Services may be restricted or suspended until your KYC verification is successfully completed.
5.3. We reserve the right to report any suspicious transactions or activities to the relevant regulatory and law enforcement authorities.
6.1. All content on the Platform, including but not limited to text, graphics, logos, images, software, trademarks, service marks, and patents, are the exclusive property of XYZ Pe Fintech Private Limited or its licensors and are protected by Indian and international intellectual property laws.
6.2. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Platform and Services for personal, non-commercial purposes, subject to these Terms.
6.3. You shall not copy, reproduce, modify, distribute, display, perform, publish, transmit, or create derivative works from any part of the Platform without our prior written consent.
7.1. Your privacy is paramount to us. Our collection, use, processing, storage, and disclosure of your personal data are governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy carefully to understand our practices.
7.2. By using our Services, you consent to the collection and processing of your personal data in accordance with our Privacy Policy and the Digital Personal Data Protection Act, 2023.
8.1. "AS IS" Basis: The Platform and Services are provided on an "AS IS" and "AS AVAILABLE" basis, without any warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or uninterrupted or error-free operation.
8.2. No Financial Advice: We do not provide financial, investment, legal, or tax advice. Any information provided on the Platform is for general informational purposes only and does not constitute advice. You are responsible for making your own financial decisions and seeking professional advice as needed.
8.3. Third-Party Services: We may provide links to third-party websites or services. We do not endorse, control, or assume responsibility for the content, privacy policies, or practices of any third-party websites or services. Your interactions with such third parties are solely between you and them.
8.4. Limitation of Liability: To the maximum extent permitted by applicable law, in no event shall XYZ Pe Fintech Private Limited, its directors, employees, affiliates, agents, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from: a. Your access to or use of or inability to access or use the Platform or Services. b. Any conduct or content of any third party on the Platform. c. Any unauthorized access, use, or alteration of your transmissions or content. d. Any errors or omissions in the Platform's content or operation. e. Any loss or damage arising from incorrect information provided by you for transactions. f. Any acts or omissions of our third-party service providers (e.g., payment gateways, banks, network providers), except to the extent caused by our gross negligence or willful misconduct.
Our total aggregate liability to you for any and all claims arising out of or relating to these Terms or your use of the Services, regardless of the form of action, shall be limited to the amount of fees paid by you to us for the specific service giving rise to the claim during the six (6) months immediately preceding the date on which the claim arose, or INR 1,000, whichever is lower.
You agree to indemnify, defend, and hold harmless XYZ Pe Fintech Private Limited, its affiliates, directors, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or relating to: a. Your violation of these Terms. b. Your misuse of the Platform or Services. c. Your violation of any applicable law or the rights of any third party. d. Any content or information you submit, post, transmit, or make available through the Platform.
10.1. We may, at our sole discretion, suspend or terminate your access to all or part of the Services and/or your Account, with or without notice, for any reason, including but not limited to: a. Breach of these Terms. b. Suspected fraudulent, illegal, or unauthorized activity. c. Non-compliance with KYC/AML requirements. d. Violation of any applicable laws or regulations. e. Technical or security issues. f. Extended periods of inactivity.
10.2. Upon termination, your right to use the Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, intellectual property ownership, warranty disclaimers, indemnity, and limitations of liability.
11.1. Governing Law: These Terms and all matters arising from or related to your use of our Platform and Services shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles.
11.2. Grievance Redressal: If you have any dispute or complaint, please first contact our customer support. If your issue remains unresolved, you may escalate your concern to our designated Grievance Officer as per the details provided below. We are committed to resolving disputes amicably and efficiently.
11.3. Arbitration (Optional but Recommended for Fintech): Any dispute, controversy, or claim arising out of or relating to these Terms or the breach, termination, or invalidity thereof, which cannot be resolved amicably through the Grievance Redressal mechanism, shall be referred to and finally resolved by arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996, as amended. a. The arbitration shall be conducted by a sole arbitrator mutually appointed by the parties. If the parties are unable to agree on a sole arbitrator, a panel of three arbitrators shall be appointed, with each party appointing one arbitrator and the two appointed arbitrators appointing the third presiding arbitrator. b. The seat and venue of the arbitration shall be Jodhpur, Rajasthan, India. c. The language of the arbitration shall be English. d. The arbitral award shall be final and binding on both parties.
11.4. Exclusive Jurisdiction: Subject to the arbitration clause above, you agree that the competent courts in Jodhpur, Rajasthan, India, shall have exclusive jurisdiction over any suit, action, or proceeding arising out of or relating to these Terms or your use of the Services.
12.1. Entire Agreement: These Terms, together with our Privacy Policy, Cancellation & Refund Policy, and any other policies or guidelines on our Platform, constitute the entire agreement between you and XYZ Pe Fintech regarding your use of the Services.
12.2. Severability: If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
12.3. Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
12.4. Assignment: You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations without restriction.
12.5. Amendments: We reserve the right to amend, modify, or update these Terms at any time without prior individual notice. Any changes will be effective immediately upon posting the updated Terms on our Platform. Your continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the changes. It is your responsibility to review these Terms periodically for updates.
For any questions, concerns, or grievances related to these Terms or our Services, please contact our designated Grievance Officer:
Name: Hritik Parihar
Email: info@xyzpe.in
Contact Number: +91 9549 44 00 77
Please allow a reasonable time for initial support resolution before escalating to the Grievance Officer.