TERMS AND CONDITIONS - USER AGREEMENT SmartHubTM SERVICES
This terms and conditions (Agreement) is a contract between you and SmartHub and applies to your use of the SmartHub Services.
By registering for the SmartHub Services, you must read, agree with and accept all of the terms and conditions contained in this Agreement. You agree that any use by you of the Services shall constitute your acceptance of the Agreement.
SmartHub has developed a new service delivery provision titled “SmartHub”TM (hereinafter referred to as “SmartHub”/ “SmartHub Service” or “SmartHub Programme”) wherein it had applied for the Trade Mark in various classes with the Trade Mark Registry.
To begin with, SmartHub will deliver a new service from SmartHub in partnership with Bank and Card networks and allied card and other payment schemes, that enables an individual to send money directly from his bank account or card account/wallet through an authorised payment mode to another person's bank or card account/wallet quickly and securely.
This allows enabling the following innovative service offering to individuals, namely:
- Bill Payments
- Personal Payments (Person-to-Person)
- Merchant Payments
“SmartHub” in partnership with Bank and network scheme shall enable an individual to send money directly from his bank account or card account/wallet through an authorised payment mode to another person's bank or card account/wallet quickly and securely.
SmartHub in partnership with network scheme providers and the Bank will offer Bill Payments, Personal Payments and merchant payment services to Bank's own customer base as well as that of other banks allowing Bank to capture these transactions as a sponsor bank in this relationship.
SmartHub will be offered in the market via Application service provider (ASP) arrangements through multiple delivery channels.
By accepting this Agreement and by using Services, you agree to all the terms, conditions and notices contained in this Agreement and accept responsibility for your use of Services. Please read this Agreement carefully before accepting. We may amend these terms, and modify or cancel services and features we offer, from time to time without notice, except as may be required by law.
Any Account accessed through this service may be subject to Know Your Customer guideline and Disclosure, which you should review carefully, as it may include transaction limitations and fees which might apply to your use of services.
TechProcess Payment Services Limited relationship with You
TechProcess Payment Services Limited (TPSL) is only a Payment Service Provider offering SmartHub as a service. SmartHub helps you make payments to and accept payments from third parties (p2p) and pay bills. TPSL is an independent contractor for all purposes. TPSL does not have control of, or liability for, the products or services that are paid for with this service. TPSL does not guarantee the identity of any recipient or ensure that a recipient will complete a transaction.
Sending Money via SmartHub
Transfer Limits - SmartHub Services are subject to both daily and periodic transfer limits.
TPSL may, at its discretion and as per the regulations from time to time impose limits on the amount of money you can send through the services in addition to any limits set by Banks or financial institutions.
Transfers - When a transfer is made, the funds are immediately debited from your account for transfer and credited to Nodal a/c to provide funds to the recipient following the fund settlement process of the banks and card settlement networks. You agree that such requests constitute your authorization to us to make the transfers. Once you have provided your authorization for the transfer, you may not be able to cancel the electronic transfer.
Refused and Refunded Transactions - When you send money, the recipient is not required to accept it. You agree that you will not hold TPSL liable for any damages resulting from a recipient's decision not to accept a payment made through the service. If a payment is unclaimed, denied or refunded for any reason, we will return the money to your Account within 30 Days of the date you initiate payment.
You may view your transaction history by logging into your SmartHub login account and looking at your Account History.
TPSL/SmartHub may refuse creating duplicate accounts for the same user due to security and client identification requirements. TPSL reserves the right to refuse the creation of duplicate accounts for the same user due to security and client identification requirements. In a case where duplicate accounts are detected, TPSL reserves the right to close or merge these duplicate accounts without notification.
Certain Services may be subject to additional terms, conditions or policies specific to the Service ("Service Terms"). Applicable Service Terms will be provided to you prior to your use of the Service that requires such additional terms. Unless otherwise expressly noted, all Service Terms are incorporated by reference into these Terms and form part of these Terms. If there is a conflict between these Terms and any Service Terms, the Service Terms will control solely with respect to that Service.
Not all Services may be available to all Accounts or Eligible Cards. Furthermore, TPSL may, in its sole discretion, remove Eligible Cards from Accounts or prevent Eligible Cards from being enrolled in an Account, and TPSL may also revise at any time the eligibility of specific or general debit and prepaid cards and other cards or payment methods that constitute Eligible Cards.
The Service is only available to individuals who are: (i) at least 18 years of age; and (ii) the primary cardholder or authorized user of one or more Eligible Cards issued by any of the Banks in India, and in good standing with respect to their Eligible Card accounts.
Registration and Account Security
In order to enrol in Service, you are required to register for an Account. If you choose to register for an Account, you agree to provide us with true, accurate, current and complete information about yourself and update us if there are changes to the information. You acknowledge and agree that TPSL will have no liability associated with or arising from your failure to maintain accurate registration information, including your failure to receive important information and updates about the Service. If TPSL has reasonable grounds to suspect that any information you provided to us is untrue, inaccurate or incomplete, TPSL may suspend or terminate your Account and refuse any and all current or future use of the Service (or any portion thereof) by you.
As a part of your Account registration, you are required to establish a username, password and responses to a selection of security questions or any other security features. These pieces of data are used to authenticate you when you use the Service. They act as your signature. For your protection, you should memorize your username, password and responses to your security questions and not keep notation of them on or with your personal computer, tablet, mobile device or other device used to access the Service. You are responsible for protecting the confidentiality of your username and password. It is important that you do so since we are not responsible for any losses you incur as a result of unauthorized use of your Account and, depending on the circumstances, your Issuer may hold you responsible for unauthorized use of your Eligible Card account. You agree to notify TPSL immediately of any unauthorized use of your user name or password, or any other actual or potential security breach relating to your Account.
You are responsible for all use of your Account and for ensuring that use of or access to your Account complies fully with these Terms. You acknowledge and agree that any use of the Service occurring through your current username and password shall be deemed to be your actions and that the service may rely upon such actions.
TPSL grants to you a limited, revocable, non-exclusive, non-sub licensable and otherwise non-transferable license to use the Services and the Website for your own personal and non-commercial use strictly in accordance with these Terms, provided this does not prohibit you from using Eligible Cards stored in connection with the SmartHub Service for business purposes. TPSL may in its sole discretion suspend, discontinue or terminate this license at any time, for any reason. All rights not expressly granted to you are reserved by TPSL.
You agree that you will comply with all applicable laws, rules and regulations and other legal requirements that relate to your use of service. In addition, you agree:
- not to use service in breach of these Terms;
- not to disrupt or interfere with the security or operation of, or otherwise abuse, or any part of service;
- not to attempt to obtain unauthorized access to the service or portions of service that are restricted from general access;
- not to use service in any manner that could be deemed false and/or defamatory, abusive, vulgar, hateful, harassing, obscene, profane, threatening, invasive of a person's privacy, or in violation of any third party rights;
- not to reproduce the service in any form, or store or incorporate any information retrieval system, electronic, mechanical or otherwise.
- not copy, emulate, clone, rent, lease, sell, commercially exploit, modify, decompile, disassemble, distribute, reverse engineer or transfer the service or any portion thereof;
- not use any device, software or routine to interfere or attempt to interfere with the proper working of service and or take any action that imposes an unreasonable or disproportionately large burden on the service System, as determined by TPSL in its sole discretion; and
- to comply with any other requirements, restrictions or limitations imposed by TPSL or by your Issuer from time to time.
Payment Authorization and Payment transfer
It is the responsibility of the Sender and the Receiver to ensure the accuracy of any information that they enter into the Service (including but not limited to the Payment Instructions and name, address, telephone number and/or email address for the Receiver to whom you are attempting to send the Payment Instruction), and for informing us as soon as possible if they become aware that this information is inaccurate. We will make a reasonable effort to stop or recover a payment made to the wrong person or entity once informed, but we do not guarantee such stoppage or recovery and will bear no responsibility or liability for damages resulting from incorrect information entered by the Sender or Receiver.
Initiation of Payment transfer Instructions
- By providing us with names and telephone numbers, email addresses and/or bank account information of Receivers to whom you wish to direct payments, you authorize us to follow the Payment Instructions that we receive through the Service.
- When we receive a Payment Instruction from you, you authorize us to debit your Eligible Transaction Account and transfer funds on your behalf. You also authorize us to credit your Eligible Transaction Account for the receipt of payments, including but not limited to those payments returned to us from Receivers to whom you sent payment(s) or cancelled and returned to you because the processing of the Payment Instruction could not be completed.
- You acknowledge and agree that if your Payment Instructions identify an account by name and account number, the relevant financial institution may execute those Payment Instructions by reference to the account number only, even if such account number does not correspond to the account name. You further acknowledge and agree that financial institutions holding the account may choose to not investigate discrepancies between account names and account numbers and that we have no responsibility to investigate discrepancies between account names and account numbers.
- You agree that we will not be liable in any way for any payments that you may receive, regardless of whether you authorized the Sender to send them to you.
- We will use reasonable efforts to complete all your Payment Instructions properly. However, we shall incur no liability if we are unable to complete any transaction because of the existence of any one or more of the following circumstances:
- If, through no fault of ours, the Eligible Transaction Account does not contain sufficient funds/credit to complete the Payment Instruction or the Payment Instruction would exceed the credit limit of your overdraft account;
- The Service is not working properly and you know or have been advised by us about the malfunction before you execute the Payment Instruction;
- The payment is refused by your bank/Issuer for whatever reasons;
- You have not provided us with the correct information, including but not limited to the correct Payment Instructions or Eligible Transaction Account information, or the correct name and address or mobile phone number or email address of the Receiver to whom you are initiating a Payment Instruction; and/or
- Circumstances beyond our control (such as, but not limited to, fire, flood, network or system down time, issues with the bank and or financial institution or interference from an outside force) which prevent the proper execution of the Payment Instruction.
You may initiate (a) a one-time Payment Instruction to a Receiver for which processing shall be initiated immediately, (b) a one-time Payment Instruction to a Receiver for which processing shall be initiated at a later specified date up to thirty (30) days, and (c) a recurring series of Payment Instructions to a Receiver for which processing shall be initiated on the specified dates. Further details about any such & each of these options can be found on the Site.
Payment Instructions initiated to Receivers are processed in two ways. You can provide all the required information about the Receiver, including his/her Eligible Transaction Account, necessary to complete a transfer of funds. Alternatively, you can provide contact information about the Receiver (including an email address and/or mobile telephone number) and the Service may contact the Receiver and request that the Receiver (i) provide information so that we may validate the identity of the Receiver at the Site and then (ii) provide Eligible Transaction Account information in order to complete the Payment Instruction (a "Two-Step Transfer") or alternatively TPSL may fetch account details from participating networks including but not limited to banks to match the account number matched to the mobile number of email address provided. If the Receiver maintains an Eligible Transaction Account with an institution that participates in or offers the SmartHub service, the Receiver may access the Service at his or her financial institution’s website or mobile application to complete the Payment Instruction and receive the payment.
You understand and agree that when you initiate a Payment Instruction from an Eligible Transaction Account using the Service, the processing of the Payment Instruction will begin and the debiting of your Eligible Transaction Account will occur as early as the day of such initiation. However, the payment funds will be transferred into the Receiver's Eligible Transaction Account no earlier than the next 3 Business Day after you initiated the Payment Instruction subject to receipt of proper funds into Nodal from the sender’s eligible account. If you request a one-time Payment Instruction to be initiated on a specified date or a recurring series of Payment Instruction to be initiated on specified dates, then the processing of the Payment Instruction will begin on the specified date(s) and the debiting of your Eligible Transaction Account will occur as early as the specified date(s). However, the payment funds will be transferred into the Receiver’s Eligible Transaction Account no earlier than the next three (3) Business Day following the specified date. The Site may contain additional information regarding the delivery of a payment to an Eligible Transaction Account and the same would be updated from time to time. Users agree to read and adhere to the same.
You acknowledge and agree that we will begin to process the requested transfer of funds once the Receiver has provided (or we otherwise obtain) all required information, and you hereby authorize and direct us to retain such funds until the earlier of such time as the Receiver has provided (or we otherwise obtain) all required information or ten (10) business days or such period until refunded back to the sender. You further acknowledge and agree that our receipt of money to be transmitted to a Receiver shall not be deemed to have occurred and our obligation to complete a transaction shall not begin until such time as the Receiver provides us with (or we otherwise obtain) all required information necessary to process the related Payment Instruction in accordance with this Agreement. Any cancellation of a Payment Instruction prior to the Receiver providing us with such information shall be subject to the provisions of Payment Cancellation, Stop Payment Requests and Refused Payments provisions as per below.
If you want to initiate a Payment Instruction (in response to a SmartHub Request or otherwise) using the Service to an Eligible Transaction Account you hold or, if you as a Requestor want to initiate a SmartHub Request, he, she or you can do that from an Eligible Transaction Account at a financial institution that participates in the SmartHub service or at the Site.
You understand and agree that there may be a delay between the time you are notified of the pending Payment Instruction and the deposit of the payment funds into your Eligible Transaction Account, and you may be required to take additional steps to facilitate the deposit of the payment of funds into your Eligible Transaction Account. You authorize the Sender, the financial institution which holds the Sender's Eligible Transaction Account and us (including through the Site) to send emails to you and text messages to your mobile phone in connection with the Sender's initiation of Payment Instructions to you, and, as a Receiver, you may also receive SmartHub Requests from others through the Service.
You acknowledge and agree that in the event that funds are transferred into your Eligible Transaction Account as a result of a Payment Instruction and it is determined that such transfer was improper because it was not authorized by the sender, because there were not sufficient funds in the sender's account, or for any other reason, then you hereby authorize us to withdraw from your Eligible Transaction Account an amount equal to the amount of funds improperly transferred to you.
If you as a Requestor initiate a SmartHub Request using the Service you acknowledge and agree that as disclosed on the Site, (a) the applicable service fee may be deducted from payments received by you from a Sender(s). You acknowledge and agree that individuals to whom you send a SmartHub Request may not receive, or otherwise may reject or ignore, your SmartHub Request. We do not guarantee that you will receive any payments from individuals by initiating a SmartHub Request.
Payment Cancellation, Stop Payment Requests and Refused Payments
Sender may cancel the initiation of a Payment Instruction or stop a Payment Instruction at any time until the processing of the Payment Instruction into the Receiver’s Eligible Transaction Account has begun. Our ability to stop a Payment Instruction or recover funds associated with an unauthorized Payment Instruction will depend on the manner in which the Payment Instruction was initiated, and whether the Payment Instruction to the Receiver’s Eligible Transaction Account has begun processing. Although we will make a reasonable effort to accommodate a stop payment request and to recover funds associated with an unauthorized Payment Instruction, we will have no liability for failing to do so. We may also require you to present your stop payment request or request to recover funds in writing within three (3) days after contacting us. The charge for each stop payment or fund recovery request will be the current charge for such stop payment or funds recovery service as set out in the applicable fee schedule or as disclosed through the Site. Payments not claimed by a Receiver will be automatically cancelled three (3) days after the processing of the payment begins. When a Sender initiates a Payment Instruction, the Receiver is not required to accept the payment. You agree that you as a Sender will not hold us liable for any damages resulting from a Receiver’s decision to accept or not to accept a payment initiated or attempted through the Service. We will, to the extent permitted by law, make reasonable attempts to return any unclaimed, refused, refunded, prohibited, or denied payment to your Eligible Transaction Account or use other reasonable efforts to return such payment to you as permitted by law.
We reserve the right to refuse to pay any Receiver either on our judgement or at the behest of the bank/Issuer/financial institution/sender. We will attempt to notify the Sender promptly if we decide to refuse to pay a Receiver designated by the Sender. This notification is not required if you attempt to make a prohibited payment under this Agreement.
In using the Service, you understand that Receivers may reject payments or otherwise return payment. In such event the funds, if received in the Nodal bank shall be remitted back to sender within 3 business days post clear receipt of funds and proper reconciliation. TPSL reserves the right to levy any additional fee or charge in case of such returned payments.
These Terms do not amend or otherwise modify the cardholder agreement or any other terms and conditions of your Issuer. In the event of any inconsistency between these Terms and your cardholder agreement with your Issuer, these Terms govern as to the relationship between you and TPSL solely with respect to the service and your cardholder agreement with your Issuer governs as to the relationship between you and your Issuer. You are responsible for ensuring that your use of the Services complies with your cardholder agreement with your Issuer.
Charges, Fees and Taxes
You are solely responsible for acquiring any hardware, devices, software, wireless and Internet access, other items required for you to use or access the service, and any associated fees, expenses or other charges. You are also solely responsible for any interest, fees, charges or expenses of the Issuer of any Eligible Cards you are using in connection with the Services and for any taxes or tax reporting obligations in connection with your use of the Services.
It is your responsibility to determine what, if any, taxes apply to the transactions you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. We are not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction.
Protecting your privacy is very important to TPSL. Your credentials are stored on TPSL servers in encrypted form. We do not disclose your account details, postal or email addresses to anyone except for meeting transaction requirements and/or when legally required to do so.
Sensitive information between your browser and SmartHub website is transferred in encrypted form using Secure Socket Layer (SSL). TPSL is PCI-DSS certified and is compliant.
We may allow you to utilize one or more methods of communication to share and spread the message about service, which methods may include email and social networking platforms (collectively, "Social Media"). If you choose to use Social Media, you are solely responsible for ensuring that your use complies with all applicable laws, rules and regulations, these Terms, and any terms, conditions and restrictions of the particular Social Media.
All ownership rights in SmartHub Service, including Content, is retained by TPSL and protected under applicable copyrights, trademarks and other proprietary (including, intellectual property) rights and international treaties. All rights not expressly granted to you through these Terms are retained by TPSL, its affiliates and their licensors. Nothing in these Terms grants to you any right to use any of TPSL's, its affiliates' or any other third parties trademarks, service marks, logos etc.
Third Party Websites, Content and Resources
The service may permit you to link to or access direct connections to third party websites, content and resources, including, Social Media. You acknowledge that TPSL has no control over any such websites, content or resources, which are made available by companies or persons other than TPSL. You acknowledge and agree that TPSL is not responsible for the availability of any such websites, content or resources. You further acknowledge that TPSL is not liable to you for any loss or damage which may be incurred by you as a result of these third party websites, content or resources, including losses or damages suffered in connection with usage of the services.
TPSL/SmartHub may, from time to time, announce certain offers with intent to promote its Website and/or Services (Promotional Offers). The Promotional Offer(s) would always be governed by these Terms plus certain additional terms and conditions, if any prescribed. The said additional terms and conditions, if prescribed, would be specific to the corresponding Promotional Offer only and shall prevail over these Terms, to the extent they may be in conflict with these Terms. TPSL reserves the right to withdraw, discontinue, modify, extend and suspend the Promotional Offer(s) and the terms governing it, at its sole discretion.
Modification of These Terms; Termination
If you do not agree with any of these Terms, you must not use the service. TPSL reserves the right, in its sole discretion, to modify these Terms at any time with or without further notice to you. We will always post the most recent version of these Terms at the Website. TPSL may change these Terms by posting a new version at the Website, without specific notice to you, so please continue to review these Terms from time to time.
TPSL may suspend, discontinue or terminate your access to or use of service at any time, immediately and without prior notice or obligation to you, (i) if you violate any of these Terms, or (ii) for any other reason, in TPSL's sole discretion. Upon any discontinuance or termination of your use of service, you must uninstall any service related software, if any, and promptly destroy all Content obtained through the service, as well as any copies of such Content. You agree that TPSL shall not be liable to you for any suspension, discontinuance, termination, change or modification of your use of or access to the Service. Upon termination, you remain liable for all payments and other obligations you have incurred under these Terms.
How to Notify Us of Unauthorized access
You agree to notify us immediately if you believe your user name, password, or any login credentials has become known or an unauthorized transaction has occurred involving your SmartHub Account.
You must include the following information: Your name and Account number; a description of the error, loss and/or EFT that you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information; and, the transaction amount of the suspected error or unauthorized EFT. If you tell us orally, we may require that you send us your complaint or question in writing within 10 Business Days.
If we do not complete a Transfer to or from your Account, on time or in the correct amount, according to our agreement with you when you have properly instructed us to do so, we will be liable to you to the extent of transaction amount provided the same is received by TPSL in the nodal account and not yet remitted. However, there are some exceptions. We will NOT be liable, for instance:
- If, through no fault of ours, you do not have enough money in your Account to make a transfer.
- If a legal order directs us to prohibit withdrawals from the Account.
- If your Account is closed, or if it has been frozen.
- If you, or anyone authorized by you, commits any fraud or violates any law or regulation.
- If any electronic terminal, telecommunication device, or any part of the electronic fund transfer system is not working properly and you knew about the problem when you started the Transfer.
- If you have not properly followed the on-screen instructions for using SmartHub services.
- If circumstances beyond our control (such as fire, flood, interruption in telephone service or other communication lines) prevent the Transfer, despite reasonable precautions that we have taken.
- In addition, we will not be liable to you if you fail to correctly identify by name and e-mail address or mobile number of a recipient of the transfer. We may rely upon the e-mail address or mobile number to make payment, even if it identifies a financial institution, person or account other than the party named as the intended recipient.
The upper transaction limit for sending/receiving payments shall be in accordance with regulatory guidelines issued from time to time. TPSL in its own discretion may set a limit lower than the regulatory limits and such limits if any set shall be updated in the site from time to time.
TPSL may refuse the payment transfer, if it cannot match the receivers name and address or mobile number or account number as provided to TPSL. In this case you may be liable for an administration charge, which will be deducted from your subsequent transfers.
You are responsible for ensuring the payment details you provide are accurate. Once payment instructions have been executed by SmartHub service, transactions cannot be reversed and TPSL will not be liable in any way for any loss you suffer as a result of a transaction being carried out in accordance with your instructions.
In the unlikely event that you notice an error in either the payment sent or received as a result of using the Services, then you should immediately notify us using the “contact us” tab on the site. If you become aware that you have received a payment over and above what you were expecting, you must immediately notify us of this so that arrangements can be made for you to immediately return any overpayment.
You agree not to use the Services for any unlawful activity and TPSL reserves the right to investigate any suspicious activity or in response to any complaints or reported violations. When investigating any such activity, TPSL reserves the right to report suspected unlawful activity to any appropriate person or body and to provide them with any relevant information, including personal data.
Service Fees and Additional Charges
You understand and agree that you are responsible for paying all fees associated with your use of the Service. Applicable fees will be disclosed in the user interface for, or elsewhere within, the Service or Site. You further acknowledge and agree that any applicable fees will be charged regardless of whether the payment instruction is completed, unless the failure to complete the payment transfers is solely due to our fault, except for those fees that may specifically use-based. There may be a charge for additional transactions and other optional services. You agree to pay such charges and authorize us to deduct the calculated amount from your designated Eligible Transaction Account for these amounts and any additional charges that may be incurred by you. Any financial fees associated with your standard Bank/Issuer card accounts (or other Eligible Transaction Accounts) will continue to apply. You are responsible for any and all telephone access fees and/or Internet service fees that may be assessed by your telephone and/or Internet service provider.
The following types of payments are prohibited through the Service, and we have the right but not the obligation to monitor for, block, cancel and/or reverse such payments:
- Payments that violate any law, statute, ordinance or regulation; and
- Payments that violate the Acceptable Use terms as per this Agreement; and
- Payments related for use towards/to:
- tobacco products,
- prescription drugs and devices;
- narcotics, steroids, controlled substances or other products that present a risk to consumer safety;
- ammunition, firearms, or firearm parts or related accessories;
- weapons or knives regulated under applicable law;
- goods or services that encourage, promote, facilitate or instruct others to engage in illegal activity;
- goods or services that are sexually oriented;
- goods or services that promote hate, violence, racial intolerance, or the financial exploitation of a crime;
- goods or services that defame, abuse, harass or threaten others;
- goods or services that include any language or images that are hateful, racially offensive, vulgar, obscene, indecent;
- goods or services that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction; and
- Payments related to gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to rummy, casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined) and sweepstakes; and
- Payments relating to transactions that
- support pyramid, or ponzi schemes, matrix programs, other “get rich quick” schemes or multi-level marketing programs,
- are associated with off-shore banking or transactions to finance or refinance debts funded by a credit card,
- constitute money-laundering or terrorist financing; (4) are associated with the following “money service business” activities: the sale of traveler’s checks or money orders, currency dealers or exchanges or check cashing, or (5) provide credit repair or debt settlement services;
In no event shall we or our independent contractors or other third parties to whom we assign or delegate rights or responsibilities be liable for any claims or damages resulting from your scheduling of prohibited payments. We have no obligation to research or resolve any claim resulting from a prohibited payment. All research and resolution for any misapplied, misposted or misdirected prohibited payments will be your sole responsibility and not ours. We encourage you to provide notice to us by the methods described herein of any violations of this section or the Agreement generally.
Text Messages, Calls and/or Emails to You
Your Liability For Unauthorized Transfer
Immediately following your discovery of an unauthorized Payment Instruction, you shall communicate with us in the manner set forth herein as per the Agreement. You acknowledge and agree that time is of the essence in such situations. You agree and acknowledge that you shall be liable for any such loss, damage to you and TPSL shall not be held liable in any event.
Failed or Returned Payment Instructions
In using the Service, you are requesting us to attempt to make payments for you from your Eligible Transaction Account. If we are unable to complete the Payment Instruction for any reason associated with your Eligible Transaction Account (for example, there are insufficient funds in your Eligible Transaction Account, or the Payment Instruction would exceed the credit or overdraft protection limit of your Eligible Transaction Account, to cover the Payment Instruction), the Payment Instruction may not be completed. In some instances, you will receive a return notice from us. In each such case, you agree that:
Address or Banking Changes
- You will reimburse us immediately upon demand the amount of the Payment Instruction if we have delivered the payment to the Receiver but there are insufficient funds in, or insufficient overdraft credits associated with, your Eligible Transaction Account to allow us to complete the debit processing;
- For any amount not reimbursed to us within fifteen (15) days of the initial notification, a late charge equal to one and a half percent (1.5%) monthly interest or the legal maximum, whichever rate is lower, for any unpaid amounts may be imposed;
- You may be assessed a fee if the payment cannot be debited because you have insufficient funds in your Eligible Transaction Account, or the transaction would exceed the credit or overdraft protection limit of your Eligible Transaction Account, to cover the requested transfer, or if we cannot otherwise collect the funds from you; the fee amount will be as set forth in your fee schedule from us (including as disclosed on the Site) or your account agreement with us. You hereby authorize us to deduct these amounts from your designated Eligible Transaction Account.
- You will reimburse us for any fees or costs we incur in attempting to collect any amounts from you; and
- We are authorized to report the facts concerning to any credit reporting agency.
It is your sole responsibility and you agree to ensure that the contact information in your user profile is current and accurate. This includes, but is not limited to, name, physical address, phone numbers and email addresses. Changes can be made within the user interface of the Service. We are not responsible for any payment processing errors or fees incurred if you do not provide accurate Eligible Transaction Account, Payment Instructions or contact information.
Telecommunication/internet device Users
Your phone service provider is not the provider of the Service. Users of the Service will receive text messages related to your Payment Instructions and other notices from time to time if a mobile phone number is provided. Data and messaging charges from your telecommunications provider may apply, and you are responsible for any such charges. In the event your enrolled mobile device is lost or stolen, you agree to update your enrolment information and make the appropriate changes to disable the use of such device. You understand that there are risks associated with using a mobile device, and that in the event of theft or loss, your confidential information could be compromised. You can’t claim all such calls or text messages as unsolicited calls and we shall not be liable if you don’t receive any such messages or calls on your communication device for reasons such which may be due to your registration under “do not disturb” facility etc.
Service Termination, Cancellation, or Suspension
If you wish to cancel the Service, you may contact us using the “contact us” tab as set forth in site. Any payment(s) that have begun processing before the requested cancellation date will be processed by us. You agree that we may terminate or suspend your use of the Service at any time and for any reason or no reason. Neither termination nor suspension shall affect your liability or obligations under this Agreement.
Errors, Questions, and Complaints
In case of errors or questions about your transactions, you should as soon as possible contact us using the “contact us” tab as set forth in the site.
SmartHubTM is a trademark owned by TPSL for which it has made an application. Other marks and logos used with the Service may be trademarks and/or service marks of us or our licensors or Affiliates. In addition, all page headers, custom graphics, button icons, and scripts may be our service marks, trademarks, and/or trade dress of us or those of our Affiliates or licensors. You should not copy, imitate, or use any of the above without our prior written consent, which we may withhold in our sole discretion, and you may not use them in a manner that is disparaging to us or the Service or display them in any manner that implies our sponsorship or endorsement. All right, title and interest in and to the Service, the portion of the Site through which the Service is offered, the technology related to the Site and Service, and any and all technology and any content created or derived from any of the foregoing, is our exclusive property. Moreover, any suggestions, ideas, notes, drawings, concepts, or other information you may send to us through or regarding the Site or Service shall be considered an uncompensated contribution of intellectual property to us, shall also be deemed our exclusive intellectual property, and shall not be subject to any obligation of confidentiality on our part. By submitting any such materials to us, you automatically grant (or warrant that the owner of such materials has expressly granted) to us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed, and you warrant that all so-called "moral rights" in those materials have been waived, and you warrant that you have the right to make these warranties and transfers of rights.
Links to other sites may be provided on the portion of the Site through which the Service is offered for your convenience. By providing these links, we are not endorsing, sponsoring or recommending such sites or the materials disseminated by or services provided by them, and are not responsible for the materials, services or other situations at or related to or from any other site, and make no representations concerning the content of sites listed in any of the Service web pages. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in sites listed in any search results or otherwise linked to the Site. For example, if you "click" on a banner advertisement or a search result, your "click" may take you off the Site. This may include links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding agreement. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers on the Site may send cookies to users that we do not control. You may link to the home page of our Site. However, you may not link to other pages of our Site without our express written permission.
Password and Security
If you are issued or create any password or other credentials either at SmartHub site
or TPSL site to access the Service or the portion of the Site through which the Service is offered, you agree not to give or make available your password or credentials to any unauthorized individuals, and you agree to be responsible for all actions taken by anyone to whom you have provided such credentials. If you believe that your credentials have been lost or stolen or that someone may attempt to use them to access the Site or Service without your consent, you must inform us at once at the telephone number provided in the “contact us” tab on the site. Any liability occurred shall be purely at your own risk and TPSL shall in no way be liable or held responsible.
If we have reason to believe that you have engaged in any of the prohibited or unauthorized activities described in this Agreement or have otherwise breached your obligations under this Agreement, we may: terminate, suspend or limit your access to or use of the Site or the Service; notify law enforcement, regulatory authorities, impacted third parties, and others as we deem appropriate; refuse to provide our services to you in the future; and/or take legal action against you. In addition, we, in our sole discretion, reserve the right to terminate this Agreement, access to the Site and/or use of the Service for any reason or no reason and at any time. The remedies contained in this Section are cumulative and are in addition to the other rights and remedies available to us under this Agreement, by law or otherwise.
Disputes & Arbitration
In the event of a dispute regarding the Service, you and we agree to resolve the dispute by looking to this Agreement. In the event of non resolution, both the parties agree for arbitration to be settled by a sole arbitrator to be appointed mutually by TPSL and you, in accordance with the provisions of the Arbitration and Conciliation Act, 1996, or amendment thereto. In the event we are unable to reach an agreement on the sole arbitrator, we agree to have a panel of three arbitrators appointed, of which one shall be appointed by each of us, and the third arbitrator appointed by the two arbitrators. The venue for arbitration shall be Mumbai. The arbitral procedure shall be conducted in the English language and any award or awards shall be rendered in English.
Exclusions of Warranties
THE SITE AND SERVICE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT. IN PARTICULAR, WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ANY PART OF OUR SERVICE, AND OPERATION OF OUR SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL.
Limitation of Liability
IN NO EVENT SHALL WE OR OUR AFFILIATES OR LICENSORS OR CONTRACTORS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE OR THE PORTION OF THE SITE THROUGH WHICH THE SERVICE IS OFFERED. OUR AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF OUR AFFILIATES AND LICENSORS AND CONTRACTORS AND THE EMPLOYEES AND CONTRACTORS OF EACH OF THESE, TO YOU AND ANY THIRD PARTY FOR ANY AND ALL CLAIMS OR OBLIGATIONS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO A MAXIMUM OF INR 1,000/- (RUPEES ONE THOUSAND ONLY).
You agree that TPSL may provide you with notices and other disclosures in connection with the service by email, postings on the Website or other forms of electronic communications. All electronic communications from us to you shall be deemed to be communications "in writing" and deemed delivered to you no later than the earlier of the date actually received or 5 days from the date of posting or dissemination.
Our failure or delay to exercise or enforce any provision or right contained in these Terms shall not be deemed a waiver of such provision or right.
You and TPSL agree that if any provision of these Terms are deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Headings and captions are for convenience only and shall not be considered included for purposes of interpretation. Words such as "hereof," "herein," and "hereunder" shall mean and refer to all these Terms, rather than any particular part of the same. The term"including" shall mean "including, without limitation". Whenever used herein, the singular shall include the plural, the plural shall include the singular, and the use of any gender shall be applicable to all genders.
Relationship of the Parties
Nothing in these Terms will be construed as creating a joint venture, partnership, employment or agency relationship between you and TPSL, and you do not have any authority to create any obligation or make any representation on TPSL's behalf.
To the greatest extent permitted by applicable law, you agree to indemnify, defend and hold harmless TPSL, its Parties from any loss, liability, claim, or demand, including costs and reasonable attorneys' fees, due to, in connection with or arising out of your breach of these Terms.
To the fullest extent permitted by law, you and TPSL agree that: (i) any disputes, claims or causes of action arising out of or in connection with these Terms or by using SmartHub Services will be governed by and construed under the laws of India and any disputes, claims or causes of action arising out of or in connection with these Terms or services shall be resolved exclusively within the courts of Mumbai.
You may not assign these Terms, by operation of law or otherwise, without TPSL's prior written consent. TPSL reserves the right to assign these Terms, and the rights and obligations hereunder, to any third party without notice to or consent from you. Subject to the foregoing, these Terms will be binding on, inure to the benefit of, and be enforceable against you and your respective successors and assigns.
Events Outside Of Our Control
We will not be liable or responsible for any failure or delay in providing the Services that is caused by events outside of our control, including but not limited to failures or delays caused by a lack of, or slow access to the Internet, hacking, malware etc.
This Agreement and any document expressly referred to in it constitutes the whole agreement between us and supersedes any previous discussions, correspondence, arrangements or understandings between us.
"Agreement" means this agreement including all subsequent amendments.
"Business Days" means a day (other than a Saturday or Sunday) on which banks in India are open for business.
"Days" means calendar days.
"Eligible Transaction Account" is a transaction account from which your payments will be debited or to which payments and credits to you will be credited. An Eligible Transaction Account may include but not limited to a Bank account, Debit card, Credit card, Prepaid card, wallet, smart card etc. or any such instruments including online account as long as it complies with regulatory requirements.
"SmartHub website(s)" www.SmartHub.com
, owned and operated by TPSL
"Policy" or "Policies" means any Policy or other agreement between you and TPSL that you entered into on the SmartHub’s website(s), or in connection with your use of the Services.
"Payment Instruction" is the information provided by the Sender for a payment to be made to a Receiver (such as, but not limited to, name, mobile telephone number, email address, and bank account and routing number information).
“Payment Network” means a debit or credit network through which funds may be transferred.
“SmartHub Request” means a request initiated by a Requestor to an individual to initiate a Payment Instruction through the SmartHub Service.
“Sender” means a person who sends or wishes to send money to a Receiver’s valid bank, card account or wallet or any such recognized payment mode.
“Receiver” means a person to whom sender intends to pay and who has a valid bank, card account or wallet or any such recognized payment mode.
“Requestor” means a person who requests or initiates a request for money from the sender into this/her valid bank, card account or wallet or any such recognized payment mode.
“Beneficiary account” means an account provided by the receiver to whom the fund is to be remitted.
“Subscriber” means a person who has registered for SmartHub services.
"Customer" means a sender, receiver, subscriber or a requestor.
"Services" means all payment transfer services and allied services available through the SmartHub website(s).
"User," "you" or "your" means you and any other person or entity entering into this Agreement with us or using the Service.
Collection of Information
Information You Provide
We collect information you provide, such as when you sign up for a SmartHub account, when you provide information as part of our identity verification process, or in the course of a transaction. We may collect, but are not limited to collecting, the following: basic user information, such as your name, email address, mailing address, phone number, photograph, and birth date; financial information, including bank account and payment card numbers; and other historical, contact, and demographic information.
We also collect information when you upload information to the Services about your products and services (including inventory and pricing data), participate in contests or promotions offered by SmartHub or our partners, respond to our surveys, or otherwise communicate with us.
Information We Collect from Your Use of the Services
We collect information about you when you use our Services, including as follows:
- Transaction Information. When you use our Services to make or accept payments, we collect information about when and where the transactions occurred, a description of the transactions, the payment amounts, and information about the devices and payment methods used to complete the transactions.
- Location Information. When one of our applications is open on your mobile device, we periodically receive information about the location of the device. We may also collect location information about your device.
- Device Information. We collect device-specific information when you access our Services, including your hardware model, operating system and version, unique device identifiers, mobile network information, and information about the device's interaction with our Services. We may also identify other software running on the device (but will not collect any content from such software) for anti-fraud and malware-prevention purposes.
- Use Information. We collect information about how you use our Services, including your access times, browser types and language, and Internet Protocol ("IP") addresses.
- Information Collected by Cookies and Web Beacons. We use various technologies to collect information, and this may include sending cookies to your computer or mobile device. Cookies are small data files that are stored on your hard drive or in device memory by a website. Among other things, cookies support the integrity of our registration process, retain your preferences and account settings, and help evaluate and compile aggregated statistics about user activity. We may also collect information using web beacons. Web beacons are electronic images that may be used in our Services or emails. We may use web beacons to deliver cookies, count visits, understand usage and campaign effectiveness, and determine whether an email has been opened and acted upon.
Information We Collect From Other Sources
We may also collect information about you from third parties, including but not limited to third-party verification services, credit bureaus, mailing list providers, and publicly available sources.
Third-Party Advertising and Analytics
Use of Information
We use information about you to provide, maintain, and improve our Services and to deliver the information and support you request, including receipts, technical notices, security alerts, and support and administrative messages.
We also use information about you to improve and personalize the Services. To take just one example, when you sign up for a SmartHub account, we may associate certain information with your new account, such as information about other accounts you have or had with SmartHub and prior transactions you made through the SmartHub Services.
We may use information we collect to send you news and information about our Services and to communicate with you about products, services, contests, promotions, incentives, and rewards offered by us and select partners.
We may also use information about you to track and analyze trends and usage in connection with our Services; to process and deliver contest and promotion entries and rewards; to protect our rights or property; to verify your identity; to investigate and prevent fraud or other illegal activities; and for any other purpose disclosed to you in connection with our Services.
We may, or we may use third-party service providers to, process and store personal information.
Sharing of Information
We may share personal information about you as follows:
- With third parties to provide, maintain, and improve our Services, including service providers who access information about you to perform services on our behalf (e.g., fraud prevention and verification services), and including financial institutions, processors, payment card associations, and other entities that are part of the payment process;
- With others who have signed up for SmartHub accounts. For example, we may share information when you make or accept a payment using our Services. We may also share information about you when you are located near a SmartHub merchant;
- With third parties that run advertising campaigns, contests, special offers, or other events or activities in connection with our Services;
- In connection with, or during the negotiation of, any merger, sale of company stock or assets, financing, acquisition, divestiture, or dissolution of all or a portion of our business;
- If we believe that disclosure is reasonably necessary to comply with any applicable law, regulation, legal process, or governmental request; to enforce applicable user agreements or policies; to protect the security or integrity of our Services; and to protect us, our users or the public from harm or illegal activities; and
- With your consent.
We may also share aggregated, non-personally identifiable information with third parties.
We take reasonable measures, including administrative, technical, and physical safeguards, to help protect personal information from loss, theft, misuse, and unauthorized access, disclosure, alteration, and destruction.
Your Privacy Choices
You may update or correct information about yourself by logging into your account at any time on the site. Please note even if you deactivate your account or if the account is terminated we may retain archived copies of information about you and your transactions for a period of time that is consistent with applicable law.
When you first launch any of our mobile applications, you will be asked to consent to the application's collection of location information. We currently require this location information in order to provide our Services, so if you do not consent to this collection, you cannot use our Services. If you initially consent to our collection of location information, you can subsequently stop our collection of location information at any time by changing the preferences on your mobile device. If you do so, the SmartHub application will no longer function. You may also stop our collection of location information by following the standard uninstall process to remove all SmartHub applications from your device.
Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject cookies; however, our Services may not function properly if you do so.
You may opt out of receiving promotional emails or text messages from SmartHub by following the instructions in those emails or text messages. If you opt out, we may still send you non-promotional communications, such as messages about your account or our ongoing business relations.
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