Paytm Postpaid Facility
Paytm Postpaid Facility can be only used to make online/offline INR denominated purchases from select merchant websites or outlets which are enabled to receive payments by using Paytm Platform.
No cash withdrawals are allowed under the Paytm Postpaid Facility
Late Fees/Late Payment Charges
Statement of Account
All Paytm Postpaid Users will be billed on a monthly basis for all purchases made using Paytm Postpaid Facility. However, there may be no statement generated for the period in which no transactions are made. The Statement of Account will be available on the Paytm Platform on the 1st of every month for the transactions made during the preceding month and also on email, if the email is updated on Paytm Platform.
Paytm Postpaid Users are required to pay the Outstanding Amount on the Due Date Late Fees will be charged if the Outstanding Amount is not paid by the Due Date. PEPL may also take such other steps for recovering the Outstanding Amount as more specifically mentioned herein.
7th day of each calendar month or such other time period which may be informed by PEPL in the Statement of Account from time to time.
PEPL reserves the right to offer Paytm Postpaid User the Revolve Option under which the Paytm Postpaid User may request for extension of the Due Date by one month. Under the Revolve Feature, the Paytm Postpaid User has the option from the Bill Generation Date to the Due Date, to request for an extension of his Due Date by one month by paying the Revolve Fee equal to 3% of the Outstanding Amount (inclusive of applicable taxes). The said request may be accepted at the sole discretion of PEPL. The Revolve Option may be withdrawn at the sole discretion of PEPL.
1st day till last day of a calendar month
Bill Generation Date
1st day after the Billing Period
PEPL reserves that right to take following actions in an event of non-payment of the Outstanding Amount on or before the Due Date, in its sole and independent discretion:
(a) Calling/alerts/notifications/reminders/field visit as PEPL may deem fit and/or
(b) Impose Late Fees as provided above and/or
(c) PEPL shall publish/inform/display/ such delinquent repayment behavior on Paytm Platform in the manner and form it deems fit.
(d) demand from the bank of the Paytm Postpaid User the Outstanding Amount and/or Late Fees to be debited from the Linked Bank Account of the Paytm Postpaid User, without any prior reference to the Paytm Postpaid User. PEPL’s right to demand the Outstanding Amount and/or Late Fees shall at all times be subject to and not affect in any manner whatsoever the inherent right of banker’s lien and right of set-off or recovery vested in or available to the bank by law and by virtue of the banker-customer relationship. and/or
(e) Impact on Paytm score and/or
(f) block the Paytm Postpaid Account/Postpaid Limits/Paytm Postpaid Services, immediately after the Due Date; and/or
(g) block the Paytm User from carrying out any transaction on Paytm Platform, including without limitation PEPL and its affiliates, until repayment of the Outstanding Amount and/or Late Fees. For avoidance of doubt and subject to sub-clauses (d) and (g) above, it is hereby clarified that the banking transactions related to Your Paytm WA/CA/SA undertaken on the Paytm Platform shall not be blocked or impeded by virtue of this clause;
(h) initiate appropriate legal proceedings
(i) Exercise e-NACH to auto debit from savings account (if E-NACH is taken during onboarding flow)
(j) Field visit to Paytm Postpaid User’s address and/or any delivery address
Mode of Repayment
Repayment of Outstanding Amount as per the modes allowed by PEPL on Paytm Platform, i.e. debit card/credit card/net banking/Paytm Wallet/UPI/standing instructions on Linked Bank Accounts/credit card
Billing Disputes Resolution
In the event Paytm Postpaid Customers using Paytm Postpaid Facility disagrees with the charges indicated in the Statement of Account, it should be raised on the 24x7 Help Section on the Paytm Platform within 2 (two) days from the Bill Generation Date of such Statement of Account, failing which it would be deemed that the Paytm Postpaid Customer is in agreement on all charges indicated in the Statement of Account.
Termination/Revocation/Surrender of Paytm Postpaid Facility
Paytm Postpaid Users may at any time choose to terminate Paytm Postpaid Facility by giving a prior notice on the 24 x 7 Help Section of the Paytm Platform. Provided the Paytm Postpaid Facility shall be terminated only after Outstanding Amount, Late Fees and any other amount due upon the Paytm Postpaid User have been cleared by the Paytm Postpaid User.
Loss/Theft/Misuse of Phone/Paytm Postpaid Facility:
In case of loss/theft/misuse of the phone/ Paytm Postpaid Facility, it must be reported immediately to PEPL through the Paytm Platform on the Paytm customer care upon which PEPL shall suspend the Paytm Postpaid Facility. The Paytm Postpaid Users are advised to file an FIR with the local police station so that the Paytm Postpaid User can produce its copy whenever requested by the customer care executive. The Paytm Postpaid Users shall be primarily responsible for the security of the Paytm Postpaid Facility including theft and for the transactions using the Paytm Postpaid Users phone.
In case of any dispute relating to the time of reporting such loss/ theft/damage and/or transactions made through Paytm Postpaid Facility post reporting of the loss/theft/damage/misuse, PEPL reserves the right to ascertain such time and/or the authenticity of the disputed transactions. PEPL reserves the right to block the Paytm Postpaid Facility on suspected risk of compromise in order to protect the interest of the Paytm Postpaid Users.
In case the user has set Paytm Postpaid as the preferred payment method or in case of Paytm Wallet balance being insufficient while making a transaction, money will be deducted from the available spend limit first.
This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 which require the publishing of the rules and regulations governing the use and access of “Paytm Postpaid Services” (defined below) on www.paytmmall.com, www.paytm.com and/or PEPL mobile application /Paytm mobile application and/or any other payment facilitation mode/tools offered by Paytm E-Commerce Private Limited (“PEPL”) including without limitation, any offline and/or online payment mode(s)/tools, or any other portal as may be launched/offered by PEPL along with its affiliates(“Paytm Platform”).
“Paytm Wallet” shall mean a semi closed prepaid payment instrument issued by Paytm Payments Bank Limited (“PPBL”), in accordance with the RBI Guidelines issued from time to time, which can be used by the users of the instrument against the value stored on such instrument to purchase goods and services, including financial services at a group of clearly identified merchant locations/establishments which have a specific contract with PEPL and/or any other affiliates of PEPL, to accept the payment instruments. For the avoidance of doubt, the value stored on such instruments represents the value paid for by the user at the time of issue/availing of Paytm Wallet or at the time of reloading of the said Wallet by the user. Further these instruments do not permit cash withdrawal of redemption by the Paytm Wallet holder.
You agree that (i) You will not engage in any activities related to Paytm Platform that are contrary to applicable laws, regulations or the terms of any agreements you may have with PEPL; (ii) in circumstances where Paytm Platform require identification, You will establish commercially reasonable security procedures and controls to limit access to Your password or other identifying information to authorized individuals; (iii) You will not use any device, software, routine, file or other tool or technology, including but not limited to any viruses, trojan horses, worms, time bombs or cancel bots, intended to damage or interfere with the proper working of the Paytm Platform or to surreptitiously intercept or expropriate any system, data or personal information from the Paytm Platform; and (iv) You will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure, including but not limited to denial of service attacks, “spam” or any other such unsolicited overload technique.
1.2 By availing the Paytm Postpaid Services, You agree to be bound by these Postpaid T&Cs, including any additional guidelines and future modifications issued by PEPL from time to time. If at any time You do not agree with these Postpaid T&Cs, You shall immediately cease Your use of this Paytm Postpaid Services. PEPL reserves the right to amend these Postpaid T&Cs and PEPL Policies, from time to time, without notice to You by posting revised T&C on Paytm Platform. The Paytm Postpaid User shall be responsible for reviewing these Postpaid T&Cs and PEPL Policies on the Paytm Platform periodically.
1.3 Your access to and use of the Paytm Platform and the Paytm Postpaid Services are conditional upon Your unconditional and irrevocable acceptance of and continuous compliance with these Postpaid T&Cs (as amended from time to time) at all times..
2.1 The access to the Paytm Platform and/or the availing of Paytm Postpaid Services is only available to persons who are competent to enter into legally binding contracts under the Indian Contract Act, 1872. Any person who shall be considered as incompetent to contract as per the provisions of the Indian Contract Act, 1872, including minors, un-discharged insolvents, etc., are not eligible to use the Paytm Platform and/or the Paytm Postpaid Services.
2.2 It is hereby clarified that PEPL shall provide the Paytm Postpaid Services to only those user(s) who are both competent to enter into legally binding contracts, as provided above, and also qualify as per the internal policies for the same determined solely by PEPL from time to time (“ Paytm Postpaid User(s)”/ “You”/ “Your”). PEPL shall have the sole right to change, modify, add or remove, in whole or in part, its internal policy(s) in relation to the provision of the Paytm Postpaid Services of PEPL, at any time without any prior written notice or intimation to the Paytm Postpaid User(s) and PEPL shall have the right not to entertain any requests in relation to the same, from the Paytm Postpaid Users towards such Paytm Postpaid Services, without assigning any reason.
2.3 The Paytm Postpaid User is required to expressly acknowledge and accept the Postpaid T&Cs for enrolling/availing/registering for the Paytm Postpaid Services. Accordingly, in the event a user is not already registered with PEPL in relation to the other services rendered by PEPL or does not have a Paytm Account (defined below), the user expressly agrees and acknowledges to create an account on the Paytm Platform (“Paytm Account”), in order to avail the Paytm Postpaid Service. .
3.1 PEPL provides to the Paytm Postpaid User(s) payment facilitation services for purchase of product and/or service offered by specific merchant(s) websites or outlets (“Partner Merchant(s)”), on Paytm Platform, wherein the Paytm Postpaid User(s) shall be provided with the option to carry out payment transaction processing on Paytm Platform and payment management systems in relation to the purchase of products and/or services from the Partner Merchant(s) on the Paytm Platform (“ Paytm Postpaid Services/ Paytm Postpaid Facility”), subject to a maximum monthly credit of INR 1,00,000/- (Rupees One Lakh Only) or such other amount as may be determined and decided by PEPL in its sole & independent decision, which in no event shall be disputed by the Paytm Postpaid User).(“Postpaid Limit”). In order to avail the Paytm Postpaid Services, an account (“Paytm Postpaid Account”) shall be provided to the Paytm Postpaid User(s).
3.2 The Paytm Postpaid User(s) availing the Paytm Postpaid Services shall be entitled to make payment for the products and/or services (“Transaction Amount”), subject to Postpaid Limit specified by PEPL. The sum total of all the Transaction Amount(s) during the term of one entire calendar month (“Billing Period”) shall be the outstanding amount/due amount (“Outstanding Amount”) required to be repaid by the Paytm Postpaid User(s) on or before 7th of the next calendar month, or such other time period which may be informed by PEPL in the Account Statement from time to time (“Due Date”).
3.3 The Paytm Postpaid User(s) hereby agree and acknowledge that the repayment of the Outstanding Amount shall be made by the Paytm Postpaid User to PEPL on or before the Due Date, in the manner specified by PEPL. By availing the Paytm Postpaid Services, You authorize PEPL or its authorized representatives to collect the Outstanding Amount from You, and process, facilitate and remit the payments to PEPL.
3.4 The Paytm Postpaid User may request for extension of his Due Date (“Revolve Option”) by one month by paying a fee (“Revolve Fee”) equal to 3% of the Outstanding Amount, which shall be inclusive of applicable taxes. The Paytm Postpaid user may make a request to PEPL for exercising the Revolve Option from the Bill Generation Date to the Due Date. The Paytm Postpaid User agrees and acknowledges that his request for opting for the Revolve Option, may be accepted or rejected solely at the discretion of PEPL. Paytm Postpaid User agrees that the Revolve Fee may be changed from time to time solely at the discretion of PEPL and PEPL also reserves its right to withdraw the Revolve Option, without any prior notice to the Paytm Postpaid User.
3.5 Once the Paytm Postpaid User becomes eligible to avail Paytm Postpaid Services and is selected and approved by PEPL in its sole and independent discretion, the Paytm Postpaid Services shall be enabled by PEPL for such Paytm Postpaid User for making payments on Paytm Platform. Paytm Postpaid Services will appear as a separate option on the Paytm Platform and Paytm Postpaid User shall select this option to complete transaction using Paytm Postpaid Account. PEPL reserves the right to make Paytm Postpaid Facility the default payment option for the Paytm Postpaid User on Paytm Platform at its sole discretion. PEPL reserves the sole and independent discretion in authorizing any transaction either through itself or through any of its affiliate, partner etc. done by Paytm Postpaid User using the Paytm Postpaid Services on Paytm Platform. Completion of the payment transaction, shall effectuate the transaction vis-à-vis Paytm Platform and the transaction shall be deemed completed and the Paytm Postpaid User hereby authorizes PEPL to deduct such Transaction Amount from the Postpaid Limit.
3.6 PEPL reserves the right to stipulate a payment authentication process in its sole and independent discretion, if it deems fit, at any point in time for processing of a purchase transaction through Paytm Postpaid Services on Paytm Platform (“Authentication Process”). The details pertaining to the Authentication Process shall be issued by PEPL and shall be intimated to the Paytm Postpaid User(s) through the Paytm Platform and You hereby consent to receive communications, notices and information from PEPL electronically, whether sent by e-mail or other electronic means. You hereby consent and agree that any Authentication Process issued by PEPL and any other directions and/or orders issued by PEPL as well as any information exchanges by You with PEPL in relation to the Authentication Process, shall be used or undertaken, as the case may be, only by You, that they shall not be disclosed by You to any third party. PEPL shall in no event be liable for any loss, damage or other liability whatsoever, arising from Your failure to comply with these provisions and/or PostPaid T&Cs and/or from any unauthorized access to or use of the Account and/or Paytm Postpaid Service.
3.7 You hereby acknowledge and agree that You shall be solely responsible for immediately notifying PEPL of any change in the email address and/or mobile number registered with Paytm Account on Paytm Platform to PEPL. You further acknowledge and agree that You shall be solely liable for any losses, disputes and/or fraudulent transactions undertaken on Paytm Platform due to Your failure in complying with this clause or any other reason and PEPL shall have no liabilities in this regard, whatsoever.
3.8 You hereby acknowledge that You are solely responsible for the transactions / payments made for the products/ services purchased by You on Paytm Platform.
3.9 You hereby agree and acknowledge that PEPL shall raise a statement of account on the 1st day of each calendar month (“Bill Generation Date”) for the immediately preceding Billing Period indicating the total Outstanding Amount from all the previous Billing Periods pertaining to all the transactions undertaken by the Paytm Postpaid User using the Paytm Postpaid Services in relation to the previous Billing Periods (“Statement of Account”) indicating the Outstanding Amount required to be re-paid on or before the Due Date. The Statement of Account shall be communicated by PEPL through e-mail/SMS/any other medium as identified by PEPL from time to time, in its sole and independent discretion. You, however, hereby agree, acknowledge and confirm that PEPL shall not be liable under any circumstances whatsoever in relation to non-delivery and/or delay in receipt of the Statement of Account whether by e-mail/SMS/any other medium as may be identified by PEPL, due to default / non-delivery / delay at the end of the third party(s) and/or PEPL, including without limitation, any telecom service provider(s)/internet service provider(s) and/or other service provider(s).
3.10 It is hereby clarified that all products and/or services made available to Paytm Postpaid User on Paytm Platform are provided on an ‘as is’ and ‘as available’ basis, without any representations and warranties, express or implied by PEPL, including without limitation, in relation to its merchantability, authentication, genuineness, originality etc. PEPL does not make any representations pertaining to the information, content, products/services included on or delivery of the products/services or otherwise made available to a Paytm Postpaid User through Partner Merchant(s) on Paytm Platform and only acts as an intermediary between the Partner Merchant(s) and the Paytm Postpaid User. You hereby further agree, acknowledge and confirm that PEPL is not responsible in any way for the product/services purchased by You from the Partner Merchant on Paytm Platform and it is explicitly acknowledged and agreed by You that PEPL shall not in any way, under any circumstances whatsoever, be responsible or liable for products/services purchased by You from the Partner Merchant and/or in relation to any issue and/or dispute thereof. You hereby further agree, acknowledge and confirm that under the aforesaid circumstances your only recourse shall be against the Partner Merchant. PEPL shall not be made party to any such issue and/or dispute between Yourself and the Partner Merchant.
3.11 PEPL shall have the right to not process a transaction through the Paytm Postpaid Services, if PEPL in its sole discretion determines that a transaction undertaken by a Paytm Postpaid User is not genuine or is suspicious.
3.12 You hereby consent and agree to comply with these Postpaid T&Cs, guidelines, instructions, requests, etc., as maybe made by PEPL or a Partner Merchant, as the case may be or a payment system provider from time to time, in relation to the Paytm Postpaid Services.
3.13 You hereby acknowledge and agree that PEPL shall not be liable for failure of any transaction undertaken on Paytm platform for any reason whatsoever including but not limited to non-performance or omission or commission on the part of the Partner Merchant, deficiency of service and/or products delivered, technical errors on Paytm Platform. You further acknowledge that PEPL shall not be responsible, in any manner whatsoever, for any loss incurred by You for a failed / incomplete transaction undertaken by You using Paytm Postpaid Services.
4.1 The Paytm Postpaid User irrevocably and unconditionally acknowledges and confirms that this is a facility granted by PEPL at the specific request of the Paytm Postpaid User and the Paytm Postpaid User shall, without demur/protest, be liable to pay to PEPL all the amounts due under facility. Paytm Postpaid User accepts the Paytm Postpaid Facility and hereby confirms and acknowledges that it is indebted to PEPL for the Outstanding Amount plus Late Fees, cost and expenses of PEPL, including legal fees and other sums due, if any, under the terms and conditions set out herein, all of which are due without defense, offset, counterclaim or right of recoupment
4.2 The Paytm Postpaid User hereby undertakes and agrees to pay the Outstanding Amount on or before the Due Date as more specifically mentioned in the Statement of Account issued by PEPL, in accordance with these Postpaid T&Cs.
4.3 The Paytm Postpaid User shall have the option to pay the Outstanding Amount through the various payment methods specified by PEPL such as IMPS, NEFT, debit card and or Credit Card and/or net-banking and/or UPI and/or Paytm Wallet. You hereby further agree to not use any payment method other than the payment methods prescribed by PEPL for the purpose of paying the Outstanding Amount and/or any other amounts due and outstanding to PEPL.
4.4 The Paytm Postpaid User hereby acknowledges and agrees that the Due Date specified in the Statement of Account for payment of the Outstanding Amount is the date by which Outstanding Amount should be repaid/credited using various payment methods mentioned in 4.3 above, to PEPL’s account. You hereby agree and acknowledge that You shall be solely liable for any delay caused in payment of the Outstanding Amount, due to the time taken for settlement and clearing of the Outstanding Amount from the account of the Paytm Postpaid User to the PEPL’s account. The Paytm Postpaid User agrees that the Outstanding Amount should be repaid by the Due Date, irrespective of whether or not the Statement of Account has been received by the Paytm Postpaid User.
4.5 PEPL shall issue reminders to the Paytm Postpaid User post issuance of the Statement of Account in relation to the Outstanding Amount due and payable by such Paytm Postpaid User. In the event the Paytm Postpaid User fails to make the repayments on or before the Due Date specified in Statement of Account, PEPL is authorized to send multiple reminders, by way of SMSs, calls, emails, electronic notifications, or such other modes and PEPL deems fit and at such intervals, as PEPL deems fit PEPL informing You regarding the amounts so due and the steps PEPL shall take to realize the same from You (“Repayment Reminder”).
4.6 In this regard, You hereby agree and acknowledge that in the event the Outstanding Amount is not credited to PEPL’s account on or before the Due Date specified in the Statement of Account, PEPL shall have the right to impose such late fees as more specifically captured and mutually agreed in Most Important Terms and Conditions (“MITC”) mentioned above (“Late Fees”). You hereby undertake that You shall not raise any objections against imposition of any such Late Fee on the Outstanding Amount after the Due Date. PEPL may at its sole discretion waive such Late Fee imposed on the Paytm Postpaid User.
4.8 In the event a Paytm Postpaid User fails to pay the Outstanding Amount, PEPL shall have the right to suspend the Paytm Postpaid Account and Paytm Postpaid Services of such Paytm Postpaid User and notify the Partner Merchant regarding the suspension of the Paytm Postpaid Services of such Paytm Postpaid User.
4.9 You hereby expressly authorize and agree that in an event of non-payment of the Outstanding Amount on or before the Due Date, PEPL reserves the right to take the Recourses more particularly captured in the MITC above.
5.1 You agree that the personal information such as name, address, contact number and any other information forming part of personal information and sensitive personal data or information as defined in the Information Technology Act, 2000 and rules framed under it (“Personal Information”) provided to PEPL upon registration and at the time of availing the Paytm Postpaid Services and at all other times shall be true, accurate, current and complete. You agree to maintain and update the Personal Information and to keep the Personal Information true, accurate and complete.
5.2 If You provide any Personal Information that is untrue, inaccurate, not current or complete, PEPL reserves the right to suspend or terminate the Paytm Postpaid Account and Paytm Postpaid Services. It is hereby clarified that PEPL shall not be liable in any manner whatsoever for any loss or damage incurred by a Paytm Postpaid User or any dispute initiated by or against a Paytm Postpaid User, due any untrue, inaccurate, not current or incomplete Personal Information provided by such Paytm Postpaid User.
5.4 You further agree that such Personal Information shall be displayed, automatically or otherwise, upon logging into Your Paytm Postpaid Account and/or initiating any transaction on Paytm Platform. Please note that Your information, including Personal Information and information required to provide Paytm Postpaid Service Paytm Postpaid, is readily available on the Paytm Platform and only viewable by You by logging on to the Paytm Platform.
5.5 It may be noted that PEPL handles all such information including Personal Information in accordance with the provisions of the applicable laws as may be applicable from time to time and only for the duration lawfully required, thereunder.
5.6 You hereby specifically agree that You shall, at all times, comply with the requirements of the Information Technology Act, 2000 as also rules, regulations, guidelines, byelaws and notifications made thereunder. .
5.7 You hereby authorise PEPL to request for additional information/documentation, at any time, in order to verify that the information provided by You is accurate and complete. In order to allow Your continued and uninterrupted use of the Paytm Postpaid Services, PEPL shall request from time to time, for additional information/documentation from You.
5.8 You hereby authorize PEPL to collect, store and use the Personal Information provided by You in relation to the business.
6.1 In the event of cancellation or refunds in relation to a transaction undertaken by Paytm Postpaid User using Paytm Postpaid Services, such Paytm Postpaid User shall continue to be liable for paying the Outstanding Amount to PEPL within the timelines specified by PEPL.
6.2 You hereby undertake and agree to pay the Outstanding Amount, within the timelines specified, irrespective of cancellation/refund of a transaction. PEPL hereby undertakes and agrees, that in the event of a cancellation/refund request being made by a Paytm Postpaid User in accordance with the terms of the Paytm Platform, the refunded transaction amount (less cancellation charges, if any) (“Refund Amount”) shall be credited to the Paytm Postpaid Account of such Paytm Postpaid User,
VII. LIMITATION OF LIABILITY
7.1 The Paytm Postpaid User acknowledges that PEPL’s liability with respect to the Paytm Postpaid Services shall be limited to Rs.5000 (Rupees Five Thousand Only) and shall be as per these Postpaid T&Cs. PEPL reserves the right, in its sole discretion and without assigning any reason, to exclude certain Paytm Postpaid Users from availing the Paytm Postpaid Services at any time without assigning any reason.
7.2 The Paytm Postpaid User acknowledges that the Paytm Platform and the Paytm Postpaid Services are being provided on ‘as is’ basis and may be interrupted while browsing, transacting, using or uploading information on Paytm Platform. The Paytm Postpaid User’s further agree that PEPL reserves the right to suspend the Paytm Postpaid Services, forthwith without assigning any reason whatsoever, at the sole discretion of PEPL at any point in time.
7.3 The Paytm Postpaid User agrees that, if it does not agree to the applicability of any of the Postpaid T&C and the Policies contained herein or other Policies on the Paytm Platform, then the only remedy the Paytm Postpaid User shall be not to use the Paytm Postpaid Services and discontinue using its Paytm Postpaid Account. However, till such time that the Paytm Postpaid User uses the Paytm Postpaid Services and/or Paytm Platform shall be deemed that the Paytm Postpaid User agrees to and shall continue to adhere and abide by the Postpaid T&C and the Policies.
7.4 The Paytm Postpaid User agrees and confirms that the Paytm Postpaid Services are being provided by PEPL on a best efforts basis with all efforts to keep these valid and subsisting. PEPL shall not in any manner be liable to any Paytm Postpaid User for failure or delay in providing the Paytm Postpaid Services.
7.5 You assume the entire risk of using the Paytm Platform and the Paytm Postpaid Services. In no event shall PEPL be liable to You for any special, incidental, indirect, punitive or consequential damages whatsoever (including, without limitation, damages of loss of goods or services, loss of business profits, business interruption, loss of information, or any other pecuniary loss) arising out of the use of, or inability to use or access of the Paytm Platform and the Paytm Postpaid Services or for any security breach or any virus, bug, unauthorised intervention, defect, or technical malfunctioning of the Paytm Platform and/or Paytm Postpaid Services, whether or not foreseeable and whether or not PEPL has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out, of or in connection with, Your use of, or access to, the Paytm Platform and the Paytm Postpaid Services. Further, PEPL shall not be liable to You for any temporary disablement, permanent discontinuance of the Paytm Platform, Paytm Postpaid Services and/or any other services offered by PEPL or for any consequences resulting from such actions.
8.1. You agree to comply with all applicable laws from time to time in force including any amendments, modification or change thereof which may be attracted and You shall indemnify PEPL in respect of any loss, claim or expense to PEPL as a result of non-compliance of any such applicable laws or for any unauthorised use of the Paytm Platform in contravention of these Postpaid T&Cs.
PEPL may forthwith terminate and/or suspend, in whole or in part, these Postpaid T&C, the Policies and/or the Paytm Postpaid Services provided hereunder, for any reason including for reasons of breach of these Postpaid T&C and/or any of the Policies on the Paytm Platform. Your sole right to terminate these Postpaid T&C and the Policies is by closing down Paytm Postpaid Account by following the process stipulated by PEPL or by not accessing the Paytm Platform. In the event of termination of these Postpaid T&C by PEPL or the Paytm Postpaid User, the Paytm Postpaid User shall be liable to pay the amounts due to PEPL under the terms of this Postpaid T&C, as per the Statement of Account raised by PEPL till the date of such termination.
X. DISPUTE RESOLUTION
Any dispute or claim relating to the Paytm Postpaid Services, its enforceability or its termination under these Postpaid T&C and/or the Policies shall be governed by the Arbitration and Conciliation Act, 1996, by a sole arbitrator appointed by PEPL. The arbitration proceedings shall be held in English language at New Delhi. The courts at Delhi shall have exclusive jurisdiction over any disputes relating to the subject matter herein.
All notices, requests, demands, waivers, complaints, queries and other communications required or permitted to be given hereunder in relation to the Paytm Postpaid Services under these Postpaid T&C, if required to be provided to PEPL, shall be submitted by the Paytm Postpaid User through the help and support section on the Paytm website or mobile application, and if required to be submitted to the Paytm Postpaid User, it shall be to the email address of the Paytm Postpaid User registered with PEPL. Any other notices, requests, demands, waivers, complaints, queries and other communications arising out of any Partner Merchant’s acts or omissions whatsoever, including but not limited to deficiency of service, quality, merchantability of products or services, shall be resolved between the Paytm Postpaid User and the Partner Merchant only and PEPL shall have no responsibility or liability whatsoever in this regard.
12.1 “Intellectual Property” shall mean any and all property in any name, signature, word, letter, numeral or any combination thereof, software, Trademark, brand name, service mark, trade name, design, logo, know-how, trade secrets whether registered or not, belonging to or lawfully licensed by PEPL. The Paytm Postpaid User acknowledges that PEPL is the sole and rightful owner of the Intellectual Property and the Paytm Postpaid User agrees not to register, use or file in its own name or in the name of any other person or company any trademarks same or similar or resembling in any manner the Intellectual Property and not to associate the Intellectual Property with its own business, except for the purpose as specified in these Postpaid T&C.
12.2 Nothing contained herein shall authorize a Paytm Postpaid User to use, display or exploit the Intellectual Property rights of PEPL without the prior written consent of PEPL and all content on the Paytm Platform and Paytm Postpaid Services is the copyright of PEPL except for third party content and any link to third party websites on Paytm Platform.
12.3 The information provided on the Paytm Platform is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use. PEPL does not represent or endorse the accuracy or reliability of any information, or advertisements contained on, distributed through, or linked, downloaded or accessed from any of the Paytm Platform and/or Paytm Postpaid Services, or the quality of any products, information or other materials displayed, or obtained by You as a result of any advertisement or any other information or offer in or in connection with the Paytm Postpaid Services provided through the online technology platform.
13.1 These Postpaid T&C and/or Policies may be varied, amended or modified, in whole or in part, by PEPL at any time without notice to the Paytm Postpaid Users. The last amended version shall be available on the Paytm Platform at all times.
13.2 These Postpaid T&C constitute a principal-to-principal relationship between PEPL and the Paytm Postpaid Users and do not attempt to create any agency relationship. The Paytm Postpaid Services are being rendered by PEPL as an independent entity and nothing contained herein shall be deemed to create any association, partnership, joint venture or relationship of principal and agent or master and servant, or employer and employee between PEPL and the Paytm Postpaid Users hereto or any affiliates or subsidiaries thereof or to provide either PEPL or the Paytm Postpaid User with the right, power or authority, whether express or implied to create any such duty or obligation on behalf of the other party, i.e. either PEPL or the Paytm Postpaid User.
13.3 PEPL may assign, in whole or in part, the benefits or obligations of these Postpaid T&C to its associates or affiliates of other group company, or any other company, in circumstances including without limitation, pursuant to a restructuring or re-organization or demerger of its organization or operations causing a change in management or something of the nature. PEPL shall not require any approval or consent of any nature from the Paytm Postpaid User, it can at its discretion of PEPL to provide an intimation of such assignment to the Paytm Postpaid Users. However, the Paytm Postpaid User shall not assign, in whole or in part, the benefits or obligations of these Postpaid T&C, without the prior written permission of PEPL.
13.4 PEPL reserves the right to change, including but not limited to reducing, the Postpaid Limit sanctioned to a Paytm Postpaid User at any time without any prior notice to the Paytm Postpaid User.
13.5 PEPL may at its sole discretion, add further features to the Paytm Postpaid Services any time in the future, including but not limited to conversion of the Outstanding Amount into EMIs, request for changing of the Due Dates as per the prescribed process, etc.
13.6 PEPL shall not be liable for its failure to perform under these Postpaid T&C as a result of occurrence of any force majeure events like acts of God, fire, wars, sabotage, civil unrest, labour unrest, action of statutory authorities or local or central governments, change in laws, rules and regulations, affecting the performance of PEPL, payment gateways or Partner Merchant.
13.7 Unless otherwise expressly stated, failure to exercise or delay in exercising a right or remedy, hereunder shall not constitute a waiver of the right or remedy or a waiver of any other rights or remedies, and no single or partial exercise of any right or remedy, hereunder shall prevent any further exercise of the right or remedy or the exercise of any other right or remedy.
13.8 The terms and provisions of these Postpaid T&C, which by their nature and content are intended to survive the performance hereof by any or all parties hereto shall so survive termination.
13.9 If any provision, hereunder becomes, in whole or in part, invalid or unenforceable but would be valid or enforceable if some part of that provision was deleted, that provision shall apply with such deletions as may be necessary to make it valid. If any court/tribunal of competent jurisdiction holds any of the provisions, hereunder unlawful or otherwise ineffective, the remainder shall remain in full force and the unlawful or otherwise ineffective provision shall be substituted by a new provision reflecting the intent of the provision so substituted.
13.10 The Paytm Postpaid User warrants that it shall not directly or indirectly solicit for employment, nor offer employment to, nor enter into any contract of services with any person employed by PEPL.
13.11 By clicking on the tab/button/ checkbox of “Paytm Postpaid” option or any other button/checkbox of similar nature, (i) You confirm that You are eligible under applicable law to contract (ii) You consent to conduct transactions, accept the Postpaid T&C and Policies as displayed on the Paytm Platform (iii) You consent to receive communications, notices and information from us electronically, whether sent by e-mail or other electronic means. Electronic communications shall be deemed to have been received by You when we send the electronic communication to the email address / mobile number / details provided by You during the sign-up process as per our records, or when we post the electronic communication on the Paytm Platform. You may opt-out of the electronic communications by unsubscribing to the electronic communications.
13.12 It is agreed and clarified that the arrangement set out by these Postpaid T&C between PEPL and the Paytm Postpaid Users is on a non-exclusive basis.