Terms & Conditions
Please read the following terms and conditions carefully before registering, accessing, browsing, downloading or using the Site (defined below). By accessing or using the Site or by using the Service (defined below), you agree to be bound by these terms and conditions set forth below including any additional guidelines and future modifications. If at any time you do not agree to these terms and conditions or do not wish to be bound by these terms and conditions, you may not access or use the site and immediately terminate your use of the services.
Your Agreement to these Terms and Conditions for availing Service
The Terms and Conditions (as may be amended from time to time, the “Agreement”) is a legal contract between you being, an individual customer, user, or beneficiary of this service of at least 18 years of age, and One97 Communications Limited (One97) having its registered office at First Floor Devika Tower, Nehru Place New Delhi – 110019 and headquartered at B-121, Sector-5, Noida – 201301. All services are rendered by One97 through its platform under the brand name ‘Paytm’. Hence all the rights, benefits, liabilities & obligations under the following terms & conditions shall accrue to the benefit of One97. (together with its subsidiaries and other affiliates, “us”, “We” or “Paytm”), regarding your use of our prepaid mobile/DTH recharge purchasing services to purchase prepaid mobile/DTH recharge (known as “Recharge”) or Services regarding Semi Closed Wallet of online Paytm Marketplace or such other services which may be added from time to time (all such services are individually or collectively are referred as Service or Services as they case may be).
Service can be used by you subject to your adherence with the terms and conditions set forth below including relevant policies. Paytm reserves the right, at its sole discretion, to revise, add, or delete portions of these terms and conditions any time without further notice. You shall re-visit the “Terms & Conditions” link from time to time to stay abreast of any changes that the “Site” may introduce.
The services are not available to persons under the age of 18 or to anyone previously suspended or removed from the services by Paytm. By accepting these Terms & Conditions or by otherwise using the Services or the Site, You represent that You are at least 18 years of age and have not been previously suspended or removed from the Services. You represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. You shall not impersonate any person or entity, or falsely state or otherwise misrepresent identity, age or affiliation with any person or entity.
We are a Reseller Only. Paytm does not provide mobile service and is only a reseller of prepaid mobile services by telecommunications service providers or the providers of such prepaid recharge (the ‘Telco’ or ‘Telcos’) or other distributors or aggregators of such Telco’s. Paytm is not a warrantor, insurer, or guarantor of the services to be provided by the Telco’s. Recharge sold by us to you is sold without recourse against us for any breach of contract by the Telco. Any disputes regarding the quality, minutes provided, cost, expiration, or other terms of the Recharge purchased must be handled directly between You (or the recipient of the Recharge) and the Telco.
In order to use the Service, you may need to obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must have all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
Paytm and/or the Paytm business partner reserve the right to charge and recover from the User, fees for availing the Services. These changes shall be effective from the time they are posted on to the Paytm Website or over the Paytm business partner channel through which you are availing the Service. You are bound by such revisions and should therefore visit the Paytm Website or check with the Paytm business partner channel through which you are availing the Service to review the current fees from time to time. In the event that you stop or seek a reversal of the Payment Instructions as may have been submitted, Paytm shall be entitled to charge and recover from you and you shall be liable to pay such charges to the Bill Payment Service as may be decided by Paytm. These charges shall be charged on to your designated Payment Account or in any other manner as may be decided by Paytm.
Paytm offers a convenient and secure way to make payments towards identified Biller(s) using a valid Payment Account.
Depending upon the Paytm business partner through whom the Service is availed by you (i) the specific features of the Service may differ (ii) the number of Billers available over the Service can differ (iii) the type and range of Payment Accounts that can be used to issue a Payment Instructions can differ and (iv) the modes/devices over which the Service can be accessed can differ; and (v) the charges, fees for availing the Service or any aspect of the Service can differ. Specific details related to these aspects would be available with the Paytm business partner or the channel over which the Service is being availed.
From time to time, Paytm, at its sole discretion, can add to or delete from such list of Billers or types of Payment Accounts that can be used in respect of making payments to a Biller. In any event (i) the type and range of Payment Accounts that can be used for making payments may differ for each Biller depending on Biller specifications (ii) there may be an additional fees/charge when using certain types of Payment Accounts in respect of a Biller; and (iii) the terms upon which a payment can be made to a Biller can differ depending on whether a Card or a Bank Account is used to issue the Payment Instruction. Further depending on the specific facilities allowed by a Paytm business partner, payments to a Biller can be made either (a) by issuing a Payment Instruction for an online debit/charge to a Payment Account; or (b) by scheduling an automated debit to a Payment Account.
In using the Bill Payment Service, you agree to:
- Provide true, accurate, current and complete information about yourself (“Registration Data”), your Payment Account details (“Payment Data”), your Biller details (“Biller Data”) and
- Maintain and promptly update the Registration Data, Payment Data and Biller Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Paytm has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Paytm has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). The term biller includes telecom operators.
Paytm assumes no responsibility and shall incur no liability if it is unable to affect any Payment Instruction(s) on the Payment Date owing to any one or more of the following circumstances:
- If the Payment Instruction(s) issued by you is/are incomplete, inaccurate, invalid and delayed.
- If the Payment Account has insufficient funds/limits to cover for the amount as mentioned in the Payment Instruction(s)
- If the funds available in the Payment Account are under any encumbrance or charge.
- If your Bank or the NCC refuses or delays honoring the Payment Instruction(s)
- If payment is not processed by biller upon receipt.
- Circumstances beyond the control of Paytm (including, but not limited to, fire, flood, natural disasters, bank strikes, power failure, systems failure like computer or telephone lines breakdown due to an unforeseeable cause or interference from an outside force)
In case the bill payment is not effected for any reason, you will be intimated about the failed payment by an e-mail
- Paytm* is only a bus ticket agent. It does not operate bus services of its own. In order to provide a comprehensive choice of bus operators, departure times and prices to customers, it has tied up with many bus operators and service providers.
- Paytm’s advice to customers is to choose bus operators they are aware of and whose service they are comfortable with.
- Paytm’s responsibilities include:
- Issuing a valid ticket (a ticket that will be accepted by the bus operator) for its’ network of bus operators.
- Providing refund and support in the event of cancellation.
- Providing customer support and information in case of any delays / inconvenience.
Paytm’s responsibilities do not include:
- The bus operator’s bus not departing / reaching on time.
- The bus operator’s employees being rude .
- The bus operator’s bus seats etc not being up to the customer’s expectation.
- The bus operator canceling the trip due to unavoidable reasons.
- The baggage of the customer getting lost / stolen / damaged.
- The bus operator changing a customer’s seat at the last minute to accommodate a lady / child.
- The customer waiting at the wrong boarding point (please call the bus operator to find out the exact boarding point if you are not a regular traveler on that particular bus).
- The bus operator changing the boarding point and/or using a pick-up vehicle at the boarding point to take customers to the bus departure point
- The arrival and departure times mentioned on the ticket are only tentative timings. However the bus will not leave the source before the time that is mentioned on the ticket.
- Passengers are required to furnish the following at the time of boarding the bus:
- A copy of the ticket (A print out of the ticket or the print out of the ticket e-mail).
- Identity proof (Driving license, Student ID card, Company ID card, Passport, PAN card or Voter ID card). Failing to do so, they may not be allowed to board the bus.
- Change of bus: In case the bus operator changes the type of bus due to some reason, Paytm will refund the differential amount to the customer upon being intimated by the customers in 24 hours of the journey.
- Cancellation Policy: Read the ticket cancellation policy carefully. Tickets will be cancelled as per the cancellation policy mentioned with the ticket . The transaction charges will not be refunded in the event of ticket cancellation
- Refund policy mentioned on the ticket is indicative. The actual cancellation charges are determined by bus operators and bus providers at the actual time of cancellation. Paytm has no role in governing the cancellation charges.
- Cancellation charges are calculated on the actual fare of the ticket. If any discount coupons are used while purchasing the ticket, the discounted value would be used to calculate the refund amount when a ticket is cancelled.
- In case a booking confirmation e-mail and sms gets delayed or fails because of technical reasons or as a result of incorrect e-mail ID / phone number provided by the user etc, a ticket will be considered ‘booked’ as long as the ticket shows up on the confirmation page of www.paytm.com.
- Amenities for this bus as shown on Paytm have been configured and provided by the bus provider (bus operator). These amenities will be provided unless there are some exceptions on certain days. Please note that Paytm provides this information in good faith to help passengers to make an informed decision. Provision of video, air conditioning and any such other services mentioned by Paytm’s travel partners in the buses is their own responsibility. Any refunds / claims due to non-functioning or un-availability of these services needs to be settled directly with the bus service provider.
Coupon redemption is purely subjected to standard and specified terms and conditions mentioned by the respective retailer. Coupons are issued on behalf of the respective retailer. Hence, any damages, injuries, losses incurred by the end user by using the coupon is not the responsibility of Paytm.
Total cashback for a user cannot be more than 50% of his payments or Rs 10,000, whichever is higher. This main T&C of Paytm supersedes any offer related to Paytm.
- By accepting the terms and conditions the customer accepts that Paytm may send the alerts to the mobile phone number provided by the customer while registering for the service or to any such number replaced and informed by the customer. The customer acknowledges that the alerts will be received only if the mobile phone is in ‘On’ mode to receive the SMS. If the mobile phone is in ‘Off’ mode then the customer may not get / get after delay any alerts sent during such period.
- Paytm will make best efforts to provide the service and it shall be deemed that the customer shall have received the information sent from Paytm as an alert on the mobile phone number provided during the course of ticket booking and Paytm shall not be under any obligation to confirm the authenticity of the person(s) receiving the alert. The customer cannot hold Paytm liable for non-availability of the service in any manner whatsoever.
- The customer acknowledges that the SMS service provided by Paytm is an additional facility provided for the customer’s convenience and that it may be susceptible to error, omission and/ or inaccuracy. In the event the customer observes any error in the information provided in the alert, Paytm shall be immediately informed about the same by the customer and Paytm will make best possible efforts to rectify the error as early as possible. The customer shall not hold Paytm liable for any loss, damages, claim, expense including legal cost that may be incurred/ suffered by the customer on account of the SMS facility.
- The customer acknowledges that the clarity, readability, accuracy, and promptness of providing the service depend on many factors including the infrastructure, connectivity of the service provider. Paytm shall not be responsible for any non-delivery, delayed delivery or distortion of the alert in any way whatsoever.
- The customer agrees to indemnify and hold harmless Paytm and the SMS service provider including its officials from any damages, claims, demands, proceedings, loss, cost, charges and expenses whatsoever including legal charges and attorney fees which Paytm and the SMS service provider may at any time incur, sustain, suffer or be put to as a consequence of or arising out of (i) misuse, improper or fraudulent information provided by the customer, (ii) the customer providing incorrect number or providing a number that belongs to that of an unrelated third party, and/or (iii) the customer receiving any message relating to the reservation number, travel itinerary information, booking confirmation, modification to a ticket, cancellation of ticket, change in bus schedule, delay, and/or rescheduling from Paytm and/or the SMS service provider.
- Customer also agrees to receive information regarding what Paytm perceives to be of their interest based on usage history via SMS, email & phone call. This includes offers, discounts and general information. In case the customer does not want such information, they have to explicitly ask to be excluded.
- By accepting the terms and conditions the customer acknowledges and agrees that Paytm may call the mobile phone number provided by the customer while registering for the service or to any such number replaced and informed by the customer, for the purpose of collecting feedback from the customer regarding their travel, the bus facilities and/or services of the bus operator.
- Grievances and claims related to the bus journey should be reported to Paytm support team within 10 days of your travel date.
Use of Site
You understand that except for information, products or services clearly indicated as being supplied by the Paytm, we do not operate, control, or endorse any information, products or services on the Internet in anyway. You also understand that Paytm cannot and does not guarantee or warrant that files available for downloading through the Site will be free of viruses, worms or other code that may be damaging. You are responsible for implementing procedures to satisfy your particular requirements and for accuracy of data input and output.
By using the Services you agree not to:
- use the Services for any purposes other than to purchase Recharge of Telcos and/or to access the Services in accordance with these Terms and Conditions and as such services are offered by Paytm
- impersonate any person or entity, falsely claim or otherwise misrepresent an affiliation with any person or entity, or access the accounts of others without permission, forge another persons’ digital signature, misrepresent the source, identity, or content of information transmitted via the Services, perform any other similar fraudulent activity or otherwise purchase Recharge with what we reasonably believe to be potentially fraudulent funds
- infringe our or any third party’s intellectual property rights, rights of publicity or privacy
- use the Services if You are under the age of eighteen (18) without a parental sponsor or in any event use the Services if You are under the age of thirteen (13) years old even with a parental sponsor and in accordance with applicable law
- post or transmit any message which is libelous, defamatory or which discloses private or personal matters concerning any person
- post or transmit any message, data, image or program which is pornographic in nature
- refuse to cooperate in an investigation or provide confirmation of Your identity or any other information You provide to Paytm
- remove, circumvent, disable, damage or otherwise interfere with security-related features of the Services and the Site or features that enforce limitations on the use of the Services
- reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Services or any part thereof, except and only to the extent that such prohibition is expressly prohibited by applicable law notwithstanding this limitation
- use the Services in any manner that could damage, disable, overburden, or impair it, including, without limitation, using the Services in an automated manner
- modify, adapt, translate or create derivative works based upon the Services and the Site or any part thereof, except and only to the extent that such prohibition is expressly prohibited by applicable law notwithstanding this limitation
- intentionally interfere with or damage operation of the Services or any other user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code or file with contaminating or destructive features
- use any robot, spider, other automatic device, or manual process to monitor or copy the Site without prior written permission
- interfere or disrupt this Site or networks connected to this Site
- take any action that imposes an unreasonably or disproportionately large load on our infrastructure/ network
- use any device, software or routine to bypass the Site’s robot exclusion headers, or interfere or attempt to interfere, with the Services
- forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our Site or to manipulate your presence on our Site
- sell the Services, information, or software associated with or derived from it
- use the facilities and capabilities of the Site to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others
- breach this Agreement or any other Paytm agreement or policy
- provide false, inaccurate or misleading information
- use the Site to collect or obtain personal information, including without limitation, financial information, about other users of the Site
- purchase Recharge with what Paytm reasonably believes to be potentially fraudulent funds
- use the Services in a manner that results in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties and other liability to Paytm, a third party or You
- use the Services in a manner that Paytm or any payment card network reasonably believe to be an abuse of the payment card system or a violation of payment card network rules
- take any action that may cause Paytm to lose any of the Services from its service providers, Telcos, payment processors or other suppliers
- send automated request of any kind to the Site’s system without express permission in advance from Paytm.
All sales of Recharge are final with no refund or exchange permitted. You are responsible for the mobile number or DTH account number you purchase Recharge for and all charges that result from those purchases. Paytm is not responsible for any purchase of Recharge for an incorrect mobile number or DTH account number. However, if in a transaction performed by you on the Site, money has been charged to your card or bank account and a Recharge is not delivered within 24 hours of your completion of the transaction then you may inform us by sending an email to our customer services email address mentioned on the Contact Us page. Please include in the email the following details – the mobile number (or DTH account number), operator name, Recharge value, Transaction date and Order Number. Paytm shall investigate the incident and if it is found that money was indeed charged to your card or bank account without delivery of the Recharge then you will be refunded the money within 21 working days from the date of receipt of your email. All Refunds will be credited to your Semi Closed Wallet. You can trigger a request in your Paytm Wallet to transfer the money from your Paytm Wallet back to source. It will take 3-21 days for the money to show in your bank account depending on your bank’s policy.
Termination; Agreement Violations
You agree that Paytm, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate your account (or any part thereof) or your use of the Services and remove and discard all or any part of your account, your user profile, or your recipient profile, at any time. Paytm may also in its sole discretion and at any time discontinue providing access to the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services or any account you may have or portion thereof may be effected without prior notice, and you agree that Paytm will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Paytm may have at law or in equity. Upon termination for any reason, you agree to immediately stop using the Services.
Limitation of Liability and Damages
In no event will Paytm or its contractors, agents, licensors, partners, suppliers be liable to you for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to (i) this agreement, (ii) the services, the site or any reference site, or (iii) your use or inability to use the services, the site (including any and all materials) or any reference sites, even if Paytm or a Paytm authorized representative has been advised of the possibility of such damages. In no event will Paytm or any of its contractors, directors, employees, agents, third party partners, licensors or suppliers’ total liability to you for all damages, liabilities, losses, and causes of action arising out of or relating to (i) this Agreement, (ii) the Services, (iii) your use or inability to use the Services or the Site (including any and all Materials) or any Reference Sites, or (iv) any other interactions with Paytm, however caused and whether arising in contract, tort including negligence, warranty or otherwise, exceed the amount paid by you, if any, for using the portion of the Services or the Site giving rise to the cause of action or One Thousand Rupees (Rs.1000), whichever is less. You acknowledge and agree that Paytm has offered its products and services, set its prices, and entered into this agreement in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and Paytm, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and Paytm. Paytm would not be able to provide the services to you on an economically reasonable basis without these limitations. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such cases, Paytm’s liability will be limited to the fullest extent permitted by applicable law. This paragraph shall survive termination of this Agreement.
You agree to indemnify, save, and hold Paytm, its affiliates, contractors, employees, officers, directors, agents and its third party suppliers, licensors, and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to your use or misuse of the Services or of the Site, any violation by you of this Agreement, or any breach of the representations, warranties, and covenants made by you herein. Paytm reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Paytm, including rights to settle, and you agree to cooperate with Paytm’s defense and settlement of these claims. Paytm will use reasonable efforts to notify you of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of this Agreement.
Disclaimer; No Warranties
To the fullest extent permissible pursuant to applicable law, Paytm and its third-party partners, licensors, and suppliers disclaim all warranties, statutory, express or implied, including, but not limited to, implied warranties of Merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by you from Paytm or through the services or the site will create any warranty not expressly stated herein. You expressly acknowledge that as used in this section, the term “Paytm” includes Paytm’s officers, directors, employees, shareholders, agents, licensors, subcontractors and affiliated companies. You acknowledge that Paytm is a reseller of Mobile recharges and is not liable for any 3rd party (telcos & suppliers) obligations due to rates, quality, and all other instances, whether to any such telco’s subscribers or otherwise. You expressly agree that use of the services and the site is at your sole risk. It is your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the site or on the internet generally. We do not warrant that the service will be uninterrupted or error-free or that defects in the site will be corrected. The services and the site and any data, information, third party software, reference sites, services, or software made available in conjunction with or through the services and the site are provided on an “as is” and “as available,” “with all faults” basis and without warranties or representations of any kind either express or implied. Paytm, and its third party suppliers, licensors, and partners do not warrant that the data, Paytm software, functions, or any other information offered on or through the services, the site or any reference sites will be uninterrupted, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected. Paytm and its third party suppliers, licensors, and partners do not warrant or make any representations regarding the use or the results of the use of the services, the site or any reference sites in terms of correctness, accuracy, reliability, or otherwise. You understand and agree that you use, access, download, or otherwise obtain information, materials, or data through the services, the site or any reference sites at your own discretion and risk and that you will be solely responsible for any damage to your property (including your computer system and device) or loss of data that results from the download or use of such material or data. We do not authorize anyone to make any warranty on our behalf and you should not rely on any such statement. This paragraph shall survive termination of this agreement. In no event will Paytm be liable for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the site.
Ownership; Proprietary Rights
The Services and the Site are owned and operated by Paytm and/or third party licensors. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of the Services and the Site provided by Paytm (the “Materials”) are protected by Indian copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. As between you and Paytm, all Materials, trademarks, service marks, and trade names contained on the Site are the property of Paytm and/or third party licensors or suppliers. You agree not to remove, obscure, or alter Paytm or any third party’s copyright, patent, trademark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Services. Except as expressly authorized by Paytm, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. Paytm reserves all rights not expressly granted in this Agreement. If you have comments regarding the Services and the Site or ideas on how to improve it, please contact customer service. Please note that by doing so, you hereby irrevocably assign to Paytm, and shall assign to Paytm, all right, title and interest in and to all ideas and suggestions and any and all worldwide intellectual property rights associated therewith. You agree to perform such acts and execute such documents as may be reasonably necessary to perfect the foregoing rights.
Modification of this Agreement
Paytm reserves the right to change, modify, add, or remove portions of this Agreement (each, a “change”) at any time by posting notification to the Site or otherwise communicating the notification to you. The changes will become effective, and shall be deemed accepted by you, 24 hours after the initial posting and shall apply immediately on a going-forward basis with respect to payment transactions initiated after the posting date. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services. For certain changes, Paytm may be required under applicable law to give you advance notice, and Paytm will comply with such requirements.
Paytm may provide you with notices and communications by email, regular mail or postings on the Site or by any other reasonable means. Except as otherwise set forth herein, notice to Paytm must be sent by courier or registered mail to One97 Communications, B-121, Sector-5, Noida, Uttar Pradesh 201301, India.
The failure of Paytm to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Paytm.
Paytm may elect to resolve any dispute, controversy or claim arising out of or relating to this Agreement or Service provided in connection with this Agreement by binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996. Any such dispute, controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in New Delhi, India and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or We may seek any interim or preliminary relief from a court of competent jurisdiction in New Delhi, India, necessary to protect the rights or the property of you or Paytm (or its agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither you nor We may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of the arbitration award. All administrative fees and expenses of arbitration will be divided equally between you and us. In all arbitrations, each party will bear the expense of its own lawyers and preparation. The language of Arbitration shall be English.
Governing Law and Forum for Disputes
Except as otherwise agreed by the parties or as described in the Arbitration section above, you agree that any claim or dispute you may have against Paytm must be resolved by a court located in New Delhi, India. You agree to submit to the personal jurisdiction of the courts located within New Delhi, India for the purpose of litigating all such claims or disputes. This Agreement shall be governed by the laws of India, without giving effect to any principles of conflicts of law.
If any provision of this Agreement is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent required, and the remaining provisions will remain valid and enforceable.
This Agreement, and any rights granted hereunder, may not be transferred or assigned by you without our prior written consent which may be withheld in our sole discretion, but may be assigned by us without restriction. Any assignment attempted to be made in violation of this provision shall be void and of no effect.
Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration as applied to transfers and relationship prior to such termination or expiration.
The heading references herein are for convenience purposes only, do not constitute a part of these Terms and Conditions, and will not be deemed to limit or affect any of the provisions hereof.
This is the entire agreement between you and Paytm relating to the subject matter hereof and will not be modified except in writing, signed by both parties, or by a change to this Agreement made by Paytm in accordance with the terms of this Agreement.
SEMI CLOSED WALLET
As Paytm is a site/platform/network owned by One97 Communications Ltd. hence all the rights, benefits, liabilities & obligations under the following terms & conditions shall accrue to the benefit of One97 Communications Ltd.
- “Customer” “or” “you” mean a person who has registered with Paytm for availing the Paytm Wallet and who has accepted these Terms and Conditions and, owns/operates/has access to an internet compatible device that supports the Paytm Wallet.
- “Paytm Wallet” or “Paytm Wallet” means the pre-paid payment instrument issued by Paytm including Basic Account and Prime Account.
- “Charge(s)” or “Service Charge” shall mean the charges which Paytm may levy upon you in consideration for subscribing to the Paytm Wallet.
- “Person-to-Person Transfer” refers to a facility to transfer funds from a Paytm Wallet to any other Paytm Wallet issued by Paytm or to any savings or current bank account.
- “Merchant Establishment” shall mean and include physical Merchants, remote Merchants and any other outlet that has been authorized by Paytm to accept payment using Paytm Wallet.
- “Enrollment Form” shall mean the Paytm Wallet Enrollment Form, as is required by Paytm from the Customer at the time of Registration for availing and / or continuation of the Paytm Wallet.
- “Basic Account” means Customer Paytm Wallet classified as Semi-closed system payment instruments issued by accepting minimum customer details being Customer name, Email address, mobile number, which permit payment and domestic money remittance as per RBI direction on Issuance and Operation of Pre-paid Payment Instruments in India (Reserve Bank) Directions, 2009 as amended and supplemented by the RBI from time to time.
- “Prime Account” means Customer Paytm Wallet which is KYC compliant and classified as Semi-closed system payment instruments which permit Person-to-Person transfer and payment to all identified Merchant as per RBI direction on Issuance and Operation of Pre-paid Payment Instruments in India (Reserve Bank) Directions, 2009 as amended and supplemented by the RBI from time to time.
- “KYC” stands for Know your Customer and refers to the various norms, rules, laws and statutes issued by RBI from time to time under which Paytm is required to procure personal identification details from you before any services can be delivered. Know your Customer (KYC) documents may be required by Paytm from the Customer at the time of Registration and/ or on a later date, for availing and / or continuation of the Paytm Wallet.
- “Password” means the secret password used to secure Paytm Wallet applications, without knowledge of which your Paytm Wallet will not be operable.
- “Transaction” means Person-to-person transfer or purchase of goods or services at Merchant establishments or equivalent amount of money-in Paytm Wallet, if goods or services not available.
- “Person-to-bank transfer” refers to a facility to transfer funds from a Paytm Wallet to any Bank Account.
- “RBI” means the Reserve Bank of India.
- The collection, verification, audit and maintenance of correct and updated Customer information is a continuous process and Paytm reserves the right, at any time, to take steps necessary to ensure compliance with all relevant and applicable KYC requirements. Paytm reserves the right to discontinue services/ reject applications for Paytm Wallet at anytime if there are discrepancies in information and/or documentation provided by you.
- Any information provided to Paytm with the intention of securing Paytm Wallet shall vest with Paytm, and may be used by Paytm, for any purpose consistent with any applicable law or regulation, at its discretion.
- If the particulars provided by you in the KYC documents do not match with the details mentioned in the Enrollment Form, then Paytm has the right to forfeit the balance amount in your wallet.
- General Conditions of Paytm Wallet
- You will be issued, Basic Account immediately after successful registration. Your account will be upgraded to a Prime Account after you submit your KYC documents at the time of registration itself or on a later date and the same are verified and approved by Paytm. Paytm Wallet Prime Account Services shall ordinarily be activated within twenty one (21) working days of receipt and verification of the associated documentation. For detailed features, registration process, documentation processes, KYC requirements, permitted Transactions, Service discontinuation procedure and other related details relating to the above mentioned Services, please refer www.paytm.com/paytmcash.
- You may recharge your Paytm Wallet at through any of the methods mentioned at www.secure.paytm.in. The list of recharge outlets and methods of recharging Paytm Wallet are subject to change at the discretion of Paytm without prior intimation to the Customer.
- You may note that withdrawing money from Paytm Wallet is not allowed. Any outstanding credit Paytm Wallet must be utilized only to make payments for bona-fide Transactions at Merchant Establishments and Person-to-person transfers or Person-to-bank transfer.
- Paytm Wallet are available only to resident Indians who have attained the age of 18 years and are competent to contract.
- Paytm Wallet are not transferable.
- The maximum monetary value that can be stored at any point of time in a Paytm Wallet Prime Account is INR 1,00,000/-(INR One lakh only). The maximum permitted value of Transactions at any point of time in Paytm Wallet Prime Account is INR 1,00,000/- (INR One lakh only). The maximum monetary value that can be stored and utilized in a month in a Paytm Wallet Basic Account is INR 10,000/- (INR Ten Thousand Only). The maximum monetary value that can be transferred from one Paytm Wallet Account to other Paytm Wallet or bank account in a single transaction is INR 5,000/- (INR Five Thousand only). The maximum monetary value that can be transferred from one Paytm Wallet Account to other Paytm Wallet or bank account in a single month is INR 25,000/- (INR Twenty Five Thousand only). Subject to guidelines/notifications issued by RBI from time to time these limitations may be reviewed and modified at the discretion of Paytm without prior intimation to the Customer.
- Paytm reserves the right to suspend/discontinue Paytm Wallet Services to you at any time, for any cause, including, but not limited, to the following-
- For any suspected violation of the rules, regulations, orders, directions, notifications issued by RBI from time to time or for any violation of the terms and conditions mentioned in this document
- For any suspected discrepancy in the particular(s), documentation or Enrollment Form provided by you;
- To combat potential fraud, sabotage, willful destruction, threat to national security or for any other force majeure reasons etc;
- If the same is due to technical failure, modification, upgradation, variation, relocation, repair, and/or maintenance due to any emergency or for any technical reasons.
- If the same is due to any transmission deficiencies caused by topographical and geographical constraints/limitations;
- If the mobile connection with which your Paytm Wallet is related ceases to be operational or in your possession or control.
- If Paytm believes, in its reasonable opinion, that cessation/ suspension is necessary.
- The value stored on your Paytm Wallet shall NOT be refunded under ANY circumstances and may only be utilized to make payments for bonafide transactions at merchant establishments and Person-to-person transfer or Person-to-bank transfer. No interest will be payable by Paytm on the available balance reflected on the Paytm Wallet.
- You are permitted to maintain and operate only one Paytm Wallet. Any suspected non-conformity with this requirement shall be just cause for the suspension/ discontinuation of any/all Wallets associated with you by Paytm.
- Wallet Charges & Validity
- You shall pay the Service Charges prescribed by Paytm in the form and manner prescribed for such payment. Paytm may at its discretion, change, amend, increase, or reduce the Service Charges without prior intimation to the Customer.
- Any value in your Paytm Wallet that is utilized towards making payments for any Transaction shall be automatically debited from your Paytm Wallet. Paytm’s responsibility is limited to the debiting of your Paytm Wallet and the subsequent payment to any Merchant Establishment that you might transact with. Paytm does not endorse, promote, champion or warrant any goods and/or services that might be bought/availed or proposed to be bought/availed using Paytm Wallet.
- Paytm reserves the right to levy charges/ charge commission upon any amounts loaded upon your Paytm Wallet or any amounts spent/utilized by you using Paytm Wallet.
- Paytm reserves the right to set off any balance in your Wallet in order to recover funds for transactions processed as per your request.
- Redemption and Forfeiture
- Any value in Your Paytm Wallet must be utilized:
- Within 6 months from the date of your last Transaction or
- Within 6 months from the date of activation; whichever is later.
- Any value in your Paytm Wallet which is not utilized in the aforesaid manner may stand forfeited at the discretion of Paytm. Paytm reserves the right to forfeit the amount post adherence to the following communication process:
- Paytm will send 15 days advance communication to Customers for outstanding amount in Paytm Wallet by SMS at the mobile number on which Services have been activated.
- In case no response is received from the customer, second reminder will be sent to the customer to respond within next 15 days
- In case no response is received on the second reminder, third reminder will sent to the customer to respond within next 7 days.
- Again if no response is received on the third reminder, amount will be tagged in the system as forfeited and send to Board for approval. Post Board approval forfeited amount will be recognized as income in books of account.
- Customer Obligations
- Paytm Wallet availability is subject to the maintenance of an active mobile phone or internet connection with an associated telecom provider. Paytm Wallet availability is subject to the maintenance of a mobile phone handset and other application on which Services run and the Customer is solely responsible for all liability arising from the unavailability of Services due to a mobile handset or internet service provider not supporting any Paytm Wallet channel or application.
- You must ensure the availability of sufficient funds before executing any Transaction from your Paytm Wallet.
- You shall be solely responsible for the confidentiality, safety and security of the Password. You shall be the sole owner of the Password and shall be responsible for the consequences arising out of disclosure of the Password and/or the unauthorized use of Paytm Wallet. In case the Password is lost or misplaced, you shall promptly inform Paytm by calling at the customer care numbers where after the Password will be barred and a new Password will be issued to you after necessary validation. In case the mobile phone/ SIM card associated with your Paytm Wallet is lost/stolen/misplaced/ no longer in your control, you shall promptly inform Paytm. Paytm will upon receipt of such information block the relevant account.
- You shall only use Paytm Wallet for all Transactions with the specific Merchant Establishment for the products/services available therein. The list of Merchant Establishments is available at www.paytm.com and is subject to change at Paytm’s discretion without prior intimation.
- You shall intimate Paytm about change in your address, if any, in writing along with such proof of address as per the KYC documents.
- You shall not use Paytm Wallet for any purpose that might be construed as contrary or repugnant to any applicable law, regulation, guideline, judicial dicta, Paytm policy or public policy or for any purpose that might negatively prejudice the goodwill of Paytm.
- You acknowledge and understand that Paytm Wallet are linked to your mobile phone number and you shall be solely responsible for any liability arising out of the loss/ theft / misuse of the mobile phone number or deactivation of mobile connection by the concerned telecom service provider, in respect of the Services.
- Information submitted by you for availing Paytm Wallet and/or information submitted while using Paytm Wallet may be shared with third parties by Paytm, inter alia, to facilitate the provision of Paytm Wallet.
- You shall ensure that the Services are not used for Transactions in foreign currency. Paytm Wallet is issued & shall be valid only in India and shall be used at Merchant Establishments only in India.
- Without limiting the foregoing, you agree that you will not use the Paytm Site to undertake any of the following actions or to display, upload, modify, publish, distribute, disseminate, transmit, update or share any information that:
- Is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- Infringes any patent, trademark, copyright or other proprietary rights;
- contains viruses, corrupted files, or any other similar software or programs that is designed to interrupt, destroy or that may limit the functionality of any computer source or that may damage or adversely affect the operation of another person’s computer, its web-sites, any software or hardware, or telecommunications equipment;
- Advertises or offers to sell any goods or services for any commercial purpose;
- is in the nature of promotional services, products, surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;
- Violates any law for the time being in force;
- Belongs to another person to which you do not have any right to;
- Interferes with or disrupts Paytm’s websites, servers, or networks;
- Impersonate any other person;
- Harm minors in any way;
- Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through its websites or to manipulate your presence on its websites;
- Engage in any illegal activities;
- Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, or causes incitement to the commission of any cognizable offence, or prevents the investigation of any offence or insults any other nation.
You agree to indemnify, defend and hold Paytm and/or related parties harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including and without limitation legal fees and expenses, arising out of or related to your use or misuse of the Paytm Wallet, any violation of these Terms and Conditions, or any breach of the representations, warranties, and covenants made by you.
- When you acquire goods, software or any other services from a Merchant Establishment through any of Paytm’s Services, you understand and agree that, Paytm is not a party to the contract between you and the Merchant Establishment. Paytm does not endorse any advertiser or Merchant linked to its website. Furthermore, Paytm is under no obligation to monitor the Merchant Establishment’s service used by you; the Merchant Establishment alone will be responsible for all obligations under the contract including (without limitation) warranties or guarantees. Any dispute with or complaint against any Merchant Establishment must be directly resolved by the Customer with the Merchant Establishment. It is clarified that Paytm shall not be responsible or liable for any deficiency in goods and/or services purchased using Paytm Wallet. This exclusion of liability shall apply even for goods and/or services made available by Paytm under promotional schemes. You are instructed to satisfy yourself regarding the quality, quantity and fitness of any good and/or service before purchasing the same.
- Any amount transferred erroneously by the Customer to any Merchant Establishment shall not be refunded to the Customer by Paytm in any circumstances.
- Any web-link on the Paytm Site to a third party site is not an endorsement of that web-link. By using or browsing any such other web-link, you shall be subject to the terms and conditions in each such web-link.
- In the event of any dispute, Paytm records shall be binding as the conclusive evidence of the Transactions carried out through use of Paytm Wallet.
- Paytm shall send all customer communications by SMS and/or email and the SMS shall be deemed to have been received by you after they have been submitted for delivery to the mobile phone operator.
- You agree to receive all commercial message including transactional messages from Paytm.
Amendment of Terms, Platform
- Paytm reserves the right to amend, modify, change, add or terminate (collectively “Changes”) the Terms, the Site or the Platform/Network at any time in its sole discretion. Your continue use of the Site or the Platform/Network shall be deemed your acceptance of any such Changes. You should make sure you view these Terms periodically to make sure you are familiar with the most recent version of them.
- Paytm may modify, terminate and/or suspend Paytm Wallet to the Customer anytime with or without prior notice, due to any changes in internal policies, rules, regulations and laws set by relevant authorities/regulators.
- Any amendment of these Terms & Conditions proposed by you shall not be effective unless it shall be reduced to writing through amendment form and accepted by Paytm. Amendments made under this clause shall be deemed to be a part of these Terms & Conditions and in case of any contradiction the amendment form shall prevail. The terms and conditions herein shall be subject to the notifications/ guidelines issued by RBI, from time to time.
Eligibility and Registration to Use the Services
- You must be 18 years old to use Paytm. You must be an authorized representative with the authority to bind that company or entity to these Terms. You agree to provide accurate, current and complete information about yourself or your company as prompted by our registration form (including your email address) and maintain and update your information (including your email address) to keep it accurate, current and complete. We reserve the right to terminate any account or your use of the Site or the Platform/Network if any information provided by you is false, fictitious, inaccurate, not current or incomplete, with or without notice to you.
- You will be issued a user id and password to access your account. You must keep password confidential and not share it with any other person. You are responsible for all activity on your account, whether or not you authorized it. However, if you become aware of any unauthorized use of your account or your user id and password, please contact us immediately at email@example.com.
Compliance with Law
The Paytm Wallet is governed by per RBI direction on Issuance and Operation of Pre-paid Payment Instruments in India (Reserve Bank) Directions, 2009 (as amended and supplemented from time to time) and is also subject to directions / instructions issued by the RBI from time to time in respect of redemption, repayment, usage etc. Paytm will not be responsible or liable for any violation by you of applicable law, regulation, or guideline. You hereby declare that your name does not, at anytime, appear in the consolidated list of terrorist Individuals/ organizations as circulated by the RBI from time to time.
Privacy of communication is subject to the terms of the certificate of authorization granted by the RBI and RBI notifications/directives etc. You specifically agree that in order to facilitate the provision of Paytm Wallet, Paytm may be required to disclose any information or particulars pertaining to you to any authority, statutory or otherwise.
One97 shall have the right to assign/transfer these presents to any third party including its holding company, subsidiaries, affiliates, associates group companies.
Intellectual Property Rights
We, or our licensors, own all right, title and interest, including, but not limited to all copyright, trademark, patent, trade secret or other proprietary rights (“IP Rights”), in and to the Site, the Platform, the Usage Data. You shall not reproduce, distribute, transmit, modify, create derivative works, display, perform or otherwise use the Site, the Platform or any of the IP Rights, or attempt to reverse engineer, decompile, disassemble, or derive the source code for the Platform or use the Platform or Site to create a competing product. Paytm is owned by One97 Communications Ltd. Unauthorized use is strictly prohibited. All rights are expressly reserved to Paytm.
WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, THE PLATFORM/NETWORK AND SERVICES OFFERED. WE EXPRESSLY DISCLAIM THE IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE. We provide the Site, the Platform/Network and any other technology and services on the Site on an “as is”, “where is”, “with all faults” basis. We do not warrant that the Site or the Platform any products and services shown or described on the Site, or other technology and services will be uninterrupted, error-free, available or operational at any particular time, or that any known defects will be corrected.
Waiver and Release
To the maximum extent permitted by law, you waive, release, discharge and hold harmless One97, its affiliated and subsidiary companies, and each of their directors, officers, employees, and agents, from any and all claims, losses, damages, liabilities, expenses and causes of action arising out of your use of the Platform / Paytm Wallet.
Consent to Electronic Communications and Transactions
By registering to use the Site, below, you consent to conduct transactions and 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 that as per our records, or when We post the electronic communication on the Paytm Site. The requirements for such electronic transactions and communications following: you must have access to the Internet, mobile web, applications and a valid e-mail address. You can withdraw your consent at any time by sending us an e-mail at firstname.lastname@example.org, but We reserve the right to terminate your account upon such withdrawal. Withdrawal of your consent will not affect the legal validity and enforceability of any notice, statement or disclosure previously received electronically. You agree to notify us promptly if your email address or other contact information changes by updating your account information or contacting us at email@example.com
Limitation of Liability
- NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, NEITHER ONE97, NOR ITS AFFILIATED COMPANIES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR ANY RELATED PARTY SHALL HAVE ANY LIABILITY TO USERS OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE OR PROFITS ARISING UNDER OR RELATING TO THESE TERMS, THE SITE OR THE OFFERINGS, EVEN IF ANY OF SAID PARTIES HAD BEEN ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION (WHETHER LIABILITY ARISES DUE TO NEGLIGENCE OR OTHER TORT, BREACH OF CONTRACT, VIOLATION OF STATUTE, MISREPRESENTATION OR FOR ANY OTHER REASON), WILL AT ALL TIMES BE LIMITED TO INR ONE HUNDRED (INR 100).
Choice of Law and Dispute Resolution
These Terms shall be governed by, and construed in accordance with, the laws of India, without reference to principles of conflicts of law. The parties agree that the courts of New Delhi shall have exclusive jurisdiction over any dispute arising from or relating to these Terms, the Platform/Network or the Site. You expressly consent to the personal jurisdiction of said courts and waive any objection to such personal jurisdiction based on forums non convenience or any other basis.
The parties are independent contractors and nothing in these Terms shall be deemed to create an agency or employment relationship, a franchisor-franchisee relationship, joint venture or partnership. These Terms constitute the entire agreement between you and us regarding its subject matter and supersede all prior and contemporaneous undertakings and agreements between the parties, whether written or oral, with respect to that subject matter. Should any provision of these Terms be deemed unenforceable or invalid, the other provisions of these Terms shall remain in full force and effect. You cannot assign the Terms or delegate your obligations under these Terms without the express written consent of Paytm. The prevailing party in any action relating to these Terms shall be entitled to recover its reasonable legal fees, costs and disbursements incurred in connection therewith from the non- prevailing party.
The customer has the right to register his complaint if he is not satisfied with the services or finds attitudinal deficiencies when dealing with agents/ staff or finds system errors or sees gaps between standards of service promised and actual service rendered by the company. The Customer can lodge a complaint by sending email to firstname.lastname@example.org. This mechanism is exclusively dedicated for customer complaint redressal.
Acknowledgement of Grievances & redress on Complaints:
- CSD will acknowledge the grievance immediately on the receipt of complaint and initiate action to have the grievance resolved within a maximum period of three weeks on extraordinary cases with auto reply in either cases.
- The customer will also be kept informed of the action taken, the progress while redressing grievances, and/or, the reasons for delay if any, in redressing.
- Complaints received by e-mail shall be acknowledged by an immediate system generated response or via individual emails to the extent possible.
- The follow up action taken in respect of such complaints shall be advised to customers by e-mail.
PAYTM MARKET PLACE
Paytm is the provider of online Marketplace Service, where branded merchandises are displayed online by the various registered merchants (Merchants) for sale and you can purchase the same subject to the terms and conditions contained herein. Online Market Place Services are offered to you through various modes including issue of coupons & vouchers and through various Sites. The actual contract for sale is directly between the Merchant and you.
Paytm provides the services of listing catalogs, pricing, shipping, etc. which is informational and it is up to you to follow it or not.
Paytm may help facilitate the resolution of disputes through various modes; Paytm has no control over the existence, quality, safety or legality of items displayed; the accuracy of third party content or listings; the ability of sellers to sell items; the ability of buyers to pay for items.
Paytm does not at any point of time during any transaction between buyer and seller, take the ownership of any of the goods offered by seller nor does it at any point asserts any rights or claims over the goods or services offered by seller to buyer.
In using the online Market Place Service, you explicitly agree and acknowledge that:
- Paytm, through its Site also makes available a variety of branded products/ services offered by its Merchant partners. Purchase of such products will be subject to the terms of offer for sale and such other additional terms, if any, as specified by the Merchant partner.
- Paytm may offer delivery services for some of the products on the Website as per the company’s policy, which may be changed by Paytm without any notice to you.
- Paytm is not a warrantor of the products/ services being offered on Paytm by various Merchants. You understand that any issue or disputes regarding the warranty, guarantee, quality, and service will be addressed either by the manufacturer/ service provider or the Merchant and you agree to handle such issues and disputes directly between you and the Merchant/ Manufacturer. All the Products are governed by the terms of warranties provided by the respective manufacturer/ brands. However, in case any product is covered under seller (Merchant) warranty, it shall be specifically mentioned under the product details. You acknowledge that Paytm gives no guarantee, either express or implied, regarding the Product bought by you or for the use or availability of online Market Place Service.
- The price of products offered on the Website is including MRP, Retail Price, Sell Price, Discounted Price is offered by our Merchant partner. Paytm may at its discretion offer marketing promotion benefits by way of gift coupons, cash back, free gifts etc. on all or some of the products from time to time.Paytm is not liable for any manufacturing defect, faulty product received, warranty claims, after sales service for any of the products purchased on the platform. Paytm is not linked with any warranty, guarantee, post sale claims, genuineness of products or brand as it is just a platform that facilitates sales for its Merchant partners. Paytm will make best efforts to assist customers in issue resolution including refund or arranging replacement but it will not bear the risk from legal claims for any misrepresentation or selling of wrong product.
- The Website makes available general third party information such as, product catalogues, lists of authorized dealers and reports on news, entertainment, technology and features, advertisements, images and photographs of the products and other data from external sources (“Third Party Content”). Similar Third Party Content would also be available to you on the email received by you from Paytm. The provision of Third Party Content is for general informational purposes only. You acknowledge that the Third Party Content provided to you is obtained from sources believed to be reliable. Paytm does not provide any guarantee with respect to any the Third Party Content and Paytm shall not be held liable for any loss suffered by you based on your reliance on or use of such data.
- Cancellation by Paytm: There may be certain orders that Paytm Merchant partners are unable to accept and service and these may need to be cancelled. Some situations that may result in your order being cancelled include, non-availability of the product or quantities ordered by you, non- availability of the delivery service in the address to which product is required to be shipped, inaccuracies or errors in pricing information specified by our Merchant partners, or problems identified by Paytm’s credit and fraud avoidance department. Paytm may also require additional verifications or information before accepting any order. Paytm will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card or bank account has been charged, the said amount will be reversed back in your credit card / bank account. A promo code, once used shall not be refunded in case of cancellation of order either by Customer or Paytm.
- Cancellation by the User: In case of requests for order cancellations, Paytm reserves the right to accept or reject requests for order cancellations for any reason whatsoever. As part of usual business practice, if Paytm receives a cancellation notice and the order has not been processed/ approved by Paytm, Paytm shall cancel the order and refund the entire amount to you instantly. Paytm will not be able to cancel orders that have already been processed. Paytm has the full right to decide whether an order has been processed or not. You agree not to dispute the decision made by Paytm and accept Paytm’s decision regarding the cancellation. In cases where it is not possible to cancel orders since they have already been shipped refund shall be made subject to the returns process post return request is raised and you would get replacement or refund once the original item is back with the Merchant partner in good sale-able condition.
- Paytm reserves the right to cancel any orders that classify as ‘Bulk Order’ as determined by Paytm as per certain criteria. Any Paytm Promo Code used for placing the ‘Bulk Order’ will not be refunded as per this cancellation policy. An order can be classified as ‘Bulk Order’ if it meets with the below mentioned criteria, which may not be exhaustive, viz:
- Products ordered are not for self-consumption but for commercial resale
- Multiple orders placed for same product at the same address
- Bulk quantity of the same product ordered
- Invalid address given in order details
- Any malpractice used to place the order
- Delivery of the Product: Your shipping address, pin code will be verified with the database of Paytm before you proceed to pay for your purchase. In the event your order is not serviceable by our delivery partners or the Merchant or the area is not covered, we would request you to provide us with an alternate shipping address which we expect to have on our partner/Merchant’s delivery list. In case there is any dispute regarding the shipment of the product or services for the area not covered by Paytm, in such cases Paytm will not be responsible for the non-delivery of the product. Paytm doesn’t deliver items internationally. However, you can make purchases on the Site from anywhere in the world but at the same time ensuring the shipping address is within India.In case you book multiple orders for the Products and Services in one transaction, Paytm would endeavor to ship all Products together. However, this may not always be possible due to some product characteristics or logistics’ issues. If you purchase multiple Products in single transaction, then all the Products would be dispatched to a single shipping address given by you. If you wish to ship Products to different addresses, then you should book the orders separately based on the delivery addresses.
- Return Policy
- In the event you receive a damaged / defective product or a product that does not comply with the specifications as per your original order, you are required to get in touch with the customer service team.
- Upon receiving your complaint, Paytm shall verify the authenticity and the nature of the complaint. If Paytm is convinced that the complaint is genuine, Paytm will inform the relevant Merchant of such complaint and request for a replacement. However, in the event of frivolous and unjustified complaints regarding the quality and content of the products, Paytm reserves the right to pursue necessary legal actions against you and you will be solely liable for all costs incurred by Paytm in this regard. You expressly acknowledge that the Merchant selling the defective product/ service will be solely responsible to you for any claims that you may have in relation to such defective product/ service and Paytm shall not in any manner be held liable for the same.
- Before accepting shipment of any product, kindly ensure that the product’s packaging is not damaged or tampered. If you observe that the package is damaged or tampered, request you to refuse to accept delivery and inform Paytm at the earliest. The return process of the product may be restricted by Paytm depending on the nature and category of the product.
- In order to return any products sold through the Website, you are required to comply with the below mentioned conditions, viz:
- For non damaged/ non defective product/service, you shall be allowed to return the product within the time frame displayed on website at the time of purchase.
- Please notify Paytm of receipt of a damaged/ defective product/service within 48-hours of delivery to you. If you are unable to do so within 48-hours, Paytm/Merchant/manufacturer/service provider shall not be held liable for the failure to replace the order;
- Paytm will arrange pick-up of the damaged/defective product through its own logistics partner. In the event Paytm is unable to do so, Paytm will notify you regarding the same and you will be required to dispatch the product using a reputed courier in your respective area within one (1) day from receipt of such notice. Courier freight charges will be reimbursed in such form as is determined by the logistics team upon prior consultation with Paytm;
- Products should be returned in their original packaging along with the original price tags, labels, barcodes, user manual, warranty card and invoices etc.;
- It is advised that the return packets should be strongly and adequately packaged so that there is no further damage of products during transit;
- The returned products are subject to verification and checks by Paytm in order to determine the legitimacy of the complaint/ return.
- In the event the return of a product is duly accepted by Paytm, the value of such product, as originally paid by you during acceptance of delivery of product or otherwise, will be refunded to you. Refund will be processed based on the mode of payment and Paytm will credit your refunds directly into Paytm Wallet account. Refunds will be subject to the following:
- Orders paid online will be refunded instantly through the Paytm Wallet
- For Cash on Delivery payments also the amount will be refunded into your Paytm Wallet.
- You can trigger a request in your Paytm Wallet to transfer the money from your Paytm Wallet to the Bank. It will take 3-21 days for the money to show in your bank account depending on your Bank’s policy.
- A promo code, once used shall not be refunded in case of cancellation of order either by customer or Paytm.
- Paytm offers hassle-free returns to simplify returns for buyers and sellers. The cost of return shipping for an item that is not as described is the seller’s responsibility. You also authorize Paytm to place the return shipping label costs on your invoice, subject to your automatic payment method on file.
- Use of Information: We may share your telephone numbers with our service providers (such as billing or collections companies) who we have contracted with to assist us in pursuing our rights or performing our obligations under the User Agreement, our policies, or any other agreement we may have with you. These service providers may also contact you using autodialed or prerecorded messages calls and/or SMS or other text messages, only as authorized by us to carry out the purposes we have identified above, and not for their own purposes.
- By accepting the terms and conditions the you accept that Paytm may send the alerts to the mobile phone number/ email provided by you while registering for the Service or to any such number replaced and informed by you.
- Content: While We try to offer reliable data, We cannot promise that the catalogs will always be accurate and up-to-date, and you agree that you will not hold our catalog providers or us responsible for inaccuracies in the catalogs. The catalog may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included within the catalogs or create any derivative works based on catalog content.
- Limitation of liability and waiver: Notwithstanding anything to the contrary contained herein, neither One97 nor its affiliated companies, subsidiaries, officers, directors, employees or Merchants or any related party shall have any liability to you or to any third party for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or relating to these terms, the site or the offerings, even if any of said parties had been advised of, knew of, or should have known of the possibility of such damages. To the maximum extent permitted by law, our maximum aggregate liability to you for any causes whatsoever, and regardless of the form of action (whether liability arises due to negligence or other tort, breach of contract, violation of statute, misrepresentation or for any other reason), will at all times be limited to INR one hundred (INR 100). To the maximum extent permitted by law, you waive, release, discharge and hold harmless One97, its affiliated and subsidiary companies, and each of their directors, officers, employees, and agents, from any and all claims, losses, damages, liabilities, expenses and causes of action arising out of your use of the online Market Place Service.
- Jurisdiction and dispute resolution: These terms shall be governed by, and construed in accordance with, the laws of India, without reference to principles of conflicts of law. The parties agree that the courts of New Delhi shall have exclusive jurisdiction over any dispute arising from or relating to these Terms, the Platform/Network or the Site. You expressly consent to the personal jurisdiction of said courts and waive any objection to such personal jurisdiction based on forums non convenience or any other basis.
The name and contact details of the Grievance Officer are provided below:
Mr. Mahesh Sharma
One97 Communications Ltd
B-121, Sector-5, Noida – 201301
Time: Mon – Sat (9:00 am – 6:00 pm)