Terms and Conditions for Users

Terms and Conditions of Service for Users

Obopay offers Payment Services to its customers. The Terms of offer of such Service are laid out in detail in this document.

By clicking on the “Terms and Conditions” checkbox and successfully completing the registration process you confirm that you are Eligible to be a User of an indyFint Wallet and that you have read, understood and agreed to be bound by all of these Terms and Conditions of Service (“T&Cs”).

We urge you to read these T&Cs carefully now so that you are fully informed of the commitments you are making to us by successfully completing registration with us. Please note that applicable laws allow us to hold you to these commitments when invoked.

We also urge the Users to keep their Passwords confidential. Users should not also disclose to anyone details of authentication date of birth, address, last transaction.  In case of loss or theft of Users’ Card or authentication data or if any fraud or misuse/abuse of Card is detected by the Users, the same should be reported immediately to our Customer Care whose details are provided at the end of these Terms & Conditions section.

1. Definitions

All of the defined and capitalized terms in these T&Cs shall have the meaning assigned to them here below:

1. “Account” refers to the account created for a user as soon as he successfully completes the process of registering by downloading indyFint mobile app, from https://www.obopay.com, which contains information regarding his indyFint Wallet.
2. “Act” means the Payment and Settlement Systems Act, 2007 and any amendment, modification or re-enactment of the same, or any other succeeding enactment for the time being in force.
3. “Eligible” means satisfying the conditions of eligibility prescribed under Paragraph 3.1 of these T&Cs.
4. “Merchant” means any of the establishments listed on the webpage available at https://www.obopay.comwhich accept payment through indyFint Wallet for sale of their goods and services and with whom we have executed contracts. The list of Merchants available at https://www.obopay.com may be revised by us from time to time without a separate intimation to you.
5. “indyFint Wallet” means a semi-closed system payment instrument issued by Obopay, which can be used by Users to purchase goods and services from Merchants (“Wallet to Merchant Transfer”), or to avail of certain financial services such as Wallet to Wallet Transfers and Wallet to Bank Transfers in accordance with RBI regulations and these T&Cs.
6. “indyFint”, “Obopay”, “We”, “Our” or “Us” refers to Obopay Mobile Technology India Private Limited, a private limited company incorporated under the provisions of the Indian Companies Act, 1956, having its corporate office at 201, 2nd Floor, “Touchdown”, No1&2, HAL industrial Area, Bengaluru, Karnataka 560037. Obopay is an authorized payment and settlement systems operator under the provisions of the Act.
7. “RBI” means the Reserve Bank of India.
8. “RBI Regulations” means the Act and Master Direction for PPIs dated 27 August 2021 updated from to time and Master Direction for KYC dated 25 February 2016 updated from time to time and rules/regulations made thereunder, the Issuance and Operation of Pre-paid Instruments in India (RBI) Directions, 2009 and any notifications, master circulars, instructions or guidelines issued and updated by the RBI from time to time, in relation to the same.

“Terms and Conditions of Service” or “T&Cs” refers to these terms and conditions of use of Obopay Services, which are available here and any future revisions of the same.

9. “User”, “You” or “Your” refers to any Eligible person, competent to enter into a contract under applicable laws, who is bound by these T&Cs and successfully completes the registration for use of indyFint Wallet.
10. “Wallet-to-Bank Transfer” means a Service offered by Obopay whereby a User can transfer funds from his indyFint Wallet to a designated savings or current bank account.
11. “Wallet-to-Wallet Transfer” means a Service offered by Obopay whereby a User can transfer funds from his indyFint Wallet to another indyFint Wallet, in accordance with RBI Regulations and these T&Cs.

Interpretations

1. Any reference to the singular includes a reference to the plural and vice versa, unless explicitly provided otherwise; and any reference to the masculine includes a reference to the feminine and vice versa.
2. Headings and captions are used for convenience only and shall not affect the interpretation of these T&Cs.
3. Any reference to a natural person shall, unless repugnant to the context, include his heirs, executors and permitted assigns. Similarly, any reference to a juristic person such as Obopay shall, unless repugnant to the context, include its affiliates, successors and permitted assigns.

Wallet Creation – Eligibility

You will not be considered “Eligible” to use Our Services unless You:

1. Reside in India
2. Use Services to perform transactions in Indian Rupees only and no other currency and
3. Avail of Services on a networked device which supports Services
4. You may avail of Services only if you are Eligible. If you are not eligible, please immediately abandon any and all attempts to register with us.
5. We reserve the right to immediately terminate Your Account if we have reason to believe that Your Account is being used by any person who is not eligible, or for any other reason.
6. We rely completely on your representation that you are eligible and will bear no liability if you or anyone who uses your Account or indyFint Wallet is found to be not eligible.

Wallet Creation

To open an Account, You must provide us with the following “Registration Data”:

1. A valid and functional e-mail address (“Registered E-mail ID”);
2. A valid and functional Mobile number registered in your name (“Registered Phone Number”);
3. A password and
4. Any additional information that RBI Regulations may prescribe to be necessary to satisfy Know Your Customer norms (“KYC Norms”) prescribed by RBI in their Master Direction dated 25 February 2016 updated from time to time, or as we deem fit.
5. The Registration Data and any other information provided by you to us must be true to the best of your knowledge, information and belief. Any liability for false Registration Data provided by you will be borne solely and entirely by you.
6. Please do not share your Registration Data with any third parties as You will be solely responsible for maintaining the confidentiality of Your Registration Data and will be liable for all activities and transactions that occur through Your Account and indyFint Wallet, whether initiated by You or by any third party.
7. In order to protect the security of Your Account and indyFint Wallet, we require You to (a) immediately inform Us at indy@obopay.comin all other cases of any unauthorized use of Your Account and (b) to ensure that You log out of Your Account at the end of every session.
8. In accordance with RBI Regulations to prevent money laundering and the funding of terrorism, we may suspend or terminate your Account with immediate effect if we have reason to believe that the Registration Data or any other data provided by you is incorrect, or that the security of Your Account has been compromised in any way.
9. Please note that in order to be compliant with RBI Regulations, we do not allow you to open more than one Account in association with the phone number registered in your name.
10. In the event that you have forgotten the MPIN to Your Account, You may click on <Forgot MPIN> to request a new MPIN. Based on Our sole discretion and if we are satisfied that the identity of the applicant for a new password matches your identity, we will send an e-mail to Your Registered E-mail ID, with instructions to reset Your MPIN. You will be solely responsible for any transactions which occur through Your Account once we send the Password Instructions to Your Registered E-mail ID. In the event that You are unable to access Your Account or IndyFint Wallet for any reason other than forgetting Your password, please inform Us and make a request for blocking Your Account. Please inform us at indy@obopay.com. We will not be liable for any unauthorized transactions made through Your Account prior to you making a request for blocking.

Know Your Customer (KYC)

1. Reserve Bank of India (RBI) mandates that Prepaid Payment Instruments shall not be issued without complying with KYC norms stipulated in their Master Direction for PPIs dated 27 August 2021, updated on 10^thFebruary 2023. Access the circular by clicking below URL:

https://rbi.org.in/scripts/NotificationUser.aspx?Id=12452&Mode=0

2. In order to utilize the services of Obopay Payment Solutions and to become a Prepaid Payment Instrument Holder, You give consent to Obopay to do verification & collect the necessary documents and do authentication wherever necessary & feasible to complete the KYC process mandated by RBI. You give your consent to Obopay carrying out any further checks/verifications/authentications that RBI may mandate in future during the validity period of the Prepaid Payment Instrument that you hold.

Wallet Loading and Use – Features of IndyFint Wallet

1. Once you have successfully created an Account after completing the registration process in accordance with these T&Cs, You can start availing of our Services through indyFint Wallet.
2. The features of indyFint Wallet are as follows:

Wallet Loading and Use – Wallet Loading and Use.

7. At present, We do not charge Our Users any fees for the use of Our Services.

Charges do not apply to corporate disbursal of funds. However, charges apply if customer uses Payment Gateway service as mentioned below:

% Fee is on total transaction value & GST applicable Extra

8. We reserve the right to start charging fees from Users for our Services in future. The terms and conditions related to any such fees that We may prescribe in the future will come into effect from the date on which such terms and conditions are clearly disclosed under this Paragraph 6.

Wallet Loading and Use – Terms and modes of payment for authorized transactions

(How to load and transfer funds using your indyFint Wallet).

1. When you opt to load money into Your IndyFint Wallet You will be required to provide certain “Payment Details” for the purpose of making the desired transaction. If you provide such Payments Details, You agree that you do so voluntarily.
2. The Payment Details you provide must be true and accurate to the best of your knowledge, information and belief. We do not bear any liability for the consequences if you provide false or incorrect Payment Details.
3. You represent and warrant that you are legally and fully entitled to use any net banking, debit card, credit card or bank account that you attempt to use to load funds into your indyFint Wallet.
4. You represent and warrant that the bank account through which you attempt to load funds into your indyFint Wallet has sufficient funds to permit your proposed transaction. We bear no liability for loading transactions which are cancelled on account of insufficient funds in your bank account.
5. You hereby authorize us to hold, receive and disburse funds in your indyFint Wallet in accordance with any payment instructions we receive from you. Among other things, your authorization permits us to debit or credit the bank account associated with Your Payment Details. Your authorization will remain in effect as long as you maintain an Account with Us. You may view the transaction history associated with your indyFint Wallet at /history. If you wish to request a refund or chargeback on any past transaction which has occurred through Your IndyFint Wallet, You may do so in accordance with the procedure outlined in these T&Cs.

Wallet Loading and Use – Wallet to Merchant Transfer

1. When we receive payment instructions from you to pay a Merchant, You authorize and order us to commit your payment to that Merchant. This authorization will remain in effect as long as you maintain an Account with Us.
2. In the event that you are not satisfied with the goods or services provided to you by a Merchant for any reason, we recommend that you report the matter to the Merchant in question. Please note that we are not responsible for the goods or services provided by Our Merchants and cannot be involved in any disputes between a Merchant and User regarding the same.

Wallet Loading and Use – Wallet to Wallet Transfer.

1. Service Available on:  Android App & iOS App
2. Limits for Transfer:

3. Conditions for Sending / Receiving of Funds on the indyFint Wallet:

• This service is available for Existing indyFint Wallet Users only
• The Sender must have funds available in his/her Wallet to be able to initiate a transfer to a recipient wallet
• To avail of this facility a receiver must register a Wallet Account on IndyFint to receive transfer of funds from an existing IndyFint Wallet User.

4. Requesting a Wallet to Wallet Transfer:

• The User MUST have a valid indyFint Wallet Account to be eligible to accept a request for Wallet to Wallet Transfer from an existing indyFint Wallet User.
• User (the sender) must have available funds in the indyFint Wallet Account to process a Wallet to Wallet request.

5. You agree to transfer funds from your indyFint Wallet to the indyFint Wallet of no person other than the following (“Eligible Transferee”):

• Persons who are already users or
• Persons who are not users but who are Eligible to hold an Account or indyFint Wallet.
• We rely solely on your representation under Paragraph 9.2 and will bear no liability in the event that funds are transferred to persons who are not Eligible Transferees.
• If we have reason to believe that funds have been transferred to persons who are not Eligible Transferees by you, we reserve the right to terminate Your Account and the Account of the person to whom you transferred funds, with immediate effect.

Wallet Loading and Use – Refunds

1. In the event that you desire a refund on any amount that has been debited from your indyFint Wallet, please reach out to us at indy@obopay.com. Every refund request made by you is required to be processed by us, including those made by you directly to a Merchant.
2. Where we determine that a refund request is valid, we will make every reasonable effort to grant the refund request and return the requisite funds to Your IndyFint Wallet.
3. Please note that you may transfer funds from your indyFint Wallet to Your bank account. Any such Wallet to Bank Transfer made by you will be solely your responsibility and no recourse shall be had to Obopay.
4. We will make every reasonable effort to respond to your refund request at the earliest. Please note that we will not be responsible for delays, which may be caused by any third parties, such as banks and Merchants, on whom we rely while processing your refund request. Third parties generally take 2 to 3 working days to credit the refund to your account.

Wallet Loading and Use – Chargebacks

1. You can choose to raise an inquiry on loading/re-loading done.  In case of any chargeback raised, we will route the same to the Payment Gateway (PG) and revert with their response. The timelines of the chargeback and the cost you may have to incur will be as per the Terms stipulated by the Payment Gateway.
2. In order to comply with RBI Regulations, We reserve the right to review Your Account and transaction history pursuant to a chargeback request, in order to determine the occurrence of fraud. If we have any reason to believe that there has been fraudulent activity in Your Account, We reserve the right to terminate Your Account with immediate effect.

Wallet Loading and Use – Suspicious charges and transactions

1. If We have reason to believe that any payment instructions made on Your Account have been fraudulently made, We will suspend and deny You access to Your Account in order to investigate and report the suspicious activity in accordance with RBI Regulations and applicable laws. Such suspension will continue in effect till the conclusion of the investigation.
2. Please note that we are reliant on a number of third parties such as banks and Merchants while conducting the investigation. However, we will make every reasonable effort to conclude the investigation at the earliest.
3. Upon conclusion of the investigation and based on its results, we may be required to terminate Your Account with immediate effect.

Wallet Loading and Use – Links

1. Our “Official Website” is available at https://www.obopay.com.You will note that the URL to every webpage on Our Official Website begins with “https://”. In other words, every webpage on Our Official Website is hypertext transfer protocol secure (“HTTPS Enabled”) or “identity verified”.
2. We have had our entire Official Website HTTPS Enabled to better protect your security against dummy websites. Please verify that a webpage is HTTPS Enabled before providing any information to it. We will not be liable for any consequences of you providing details on any third party website, including dummy websites.
3. We do not guarantee the security, functionality or accessibility of any third party website, including in those cases where the link to a third party website is available on Our Official Website. Same care to be applied while accessing indyFint mobile application on playstore.

Wallet Shutting and Expiry – Termination of Account

1. We reserve the right to modify, terminate or suspend Services to you at any time without prior notice due to any of the aforesaid reasons, any changes in internal policy or due to RBI Regulations or other applicable laws.
2. You may request for termination of Services at any time by submitting a request at indy@obopay.com, the Official e-mail id of Obopay. We will make every effort to respond to your request for termination of Service at the earliest.
3. In case of no financial transaction takes place for a period of continuous 12 months, we will make the Wallet status in-active and suspend all related services. Obopay will initiate a communication via SMS and E-mail informing customer about the inactive status and to take necessary action to revive the account. Communication alerts along with the available balance will be sent 45/30/15/Final Day to customers and in case a revival request is not received within the time stipulated in the above alerts, Obopay will make these accounts permanently in-active.
4. You will remain responsible for all transactions that occurred prior to termination of Your Account.
5. Balance, if any, to the credit of your Wallet will be refunded to you by transfer to your own Bank account duly verified by us, after conclusion of appropriate investigations into reasons for termination and upon satisfying ourselves that such refund is in accordance with the rules & regulations stipulated by RBI.

Wallet Shutting and Expiry – Expiry of IndyFint Wallet

1. Expiry” of Your IndyFint Wallet will occur on completion of six years from the date of first registration. However, this timeline is subject to validity of the PPI license given by RBI.
2. We will inform you via Your Registered E-mail ID/Registered Phone Number 45/30/15 (forty-five/thirty/fifteen) days prior to Expiry of Your indyFint Wallet.
3. Please note that on the date of Expiry, Your Account will be treated ‘Closed’ and any remaining balance in Your indyFint Wallet will be refunded only based on your written request and such refund will be made to your verified Bank account. In the event that you do not claim refund for 3 years after date of expiry of your account, you shall forfeit the balance in your indyFint Wallet.

Miscellaneous – User Conduct

Every user agrees to the following:

1. S/He does not and will not infringe any third party’s intellectual property, trade secret, other proprietary rights, rights of publicity or privacy
2. He will not be defamatory, libelous, unlawfully threatening or unlawfully harassing in his communications with us or other users
3. He will not be indecent, obscene in his communications with us or other Users
4. He will not be seditious, offensive, abusive, liable to incite racial, ethnic or religious hatred, discriminatory, menacing, tortuous, scandalous, inflammatory or blasphemous in his communication with us or other Users
5. He will not constitute and/or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law
6. He will not spread material that is technically harmful (including, without limitation, computer/ mobile viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data or any other code or files) or other computer programming routines that may damage, detrimentally destroy, limit, interrupt, interfere with, diminish value of, surreptitiously intercept or expropriate the functionality of any system, data or personal information.
7. He will not create liability for us or cause us to lose (in whole or in part) goodwill or business and
8. His communication with us or other Users will not be in the nature of political campaigning, unsolicited or unauthorized advertising, promotional and/ or commercial solicitation, chain letters, pyramid schemes, mass mailings and/or any form of “spam” or solicitation.
9. IndyFint user has to enable and there after set the transaction limits to operate online/offline/contactless payments using the prepaid card issued in Mobile App. User acknowledges that they take the responsibility for all risks associated with usage within these limits set.

Miscellaneous – Communication and Notices

1. By successfully registering for an Account, you agree to receive communication from us on your Registered Phone Number and Registered E-mail ID regarding Our Services. You agree that any communication so received by you from us will not amount to spam, unsolicited communication or a violation of your registration on the National Do Not Call Registry.
2. Any notice or notification in relation to these T&Cs which You wish to make to Us must be made in writing to: Attn: Customer Care Department, Obopay Mobile Technology India Private Limited, 201, 2nd Floor, “Touchdown”, No1&2, HAL industrial Area, Bengaluru, Karnataka 56003.

Miscellaneous – Indemnification

You agree to indemnify, defend and hold us and/or related parties harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including and without limitation to legal fees and expenses, arising out of or related to your use or misuse of our Services or arising from any violation of these T&Cs.

Miscellaneous – Governing law and dispute resolution

1. We may elect to resolve any controversy or claim arising out of or relating to these T&Cs by binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996. Any such controversy or claim will be arbitrated on an individual basis and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Bangalore, Karnataka, India and judgment on the arbitration award may be entered in any court having jurisdiction thereof.
2. Either you or we may seek any interim or preliminary relief from a court of competent jurisdiction in Bangalore, Karnataka, India, necessary to protect the rights or the property of yours or ours, pending the completion of arbitration. The language of arbitration will be English.
3. These T&Cs will be governed by the laws of India. Subject to the procedure for arbitration, we and you agree and undertake that any controversy or claim arising out of or relating to these T&Cs will be adjudicated exclusively before a competent court in Bangalore, Karnataka, India only.

Miscellaneous – Intellectual property and proprietary rights

1. You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other applicable laws. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. Any unauthorized commercial use of the Service or the resale of its services or the copying or reproduction of the Software to any other server or location for further reproduction or redistribution is expressly prohibited and may result in severe civil and criminal penalties.
2. You further acknowledge that you will not (nor will you allow any third party to) copy, modify, de-compile, translate, create a derivative work of, reverse engineer, reverse assemble the Software or otherwise attempt to discover any source code, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by us for use in accessing the Service.

Miscellaneous – No waiver

1. Our failure, delay or omission to exercise or enforce any rights or provisions of these T&Cs will not constitute a waiver of such rights or provisions. A waiver on any one occasion will not be construed as a bar or waiver of any rights or remedies on future occasions.
2. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the T&Cs must be filed within 1 (one) month after such claim or cause of action arose or be forever barred.

Miscellaneous – Severability

If any part of these T&Cs is determined to be invalid or unenforceable pursuant to applicable laws then the invalid or unenforceable provisions will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these T&Cs will continue in effect.

Miscellaneous – Revision of T&Cs

1. These T&Cs may be modified at any time and from time to time, discontinued temporarily or permanently (“Revised”) by Us.
2. You can review the most current version of these T&Cs at any time at https://www.obopay.com/terms-and-conditions-of-service-for-users/
3. Unless otherwise specified by Us, Revised T&Cs will take effect automatically and be binding on and from the day they are posted on the Official Website. By continuing to access or use Services, You will be deemed to have agreed to accept and be bound by such Revised T&Cs. If you do not agree to the Revised T&Cs, You should discontinue accessing or using Services immediately.
4. If You avail of any cashback or bonuses offered by Us, certain terms and conditions specific to the cashback or bonus offer availed of by You will apply in addition to these T&Cs. We reserve the right to revise, amend or discontinue at will any cashback or bonus offers made by us. You agree and acknowledge that you will not be entitled to make any claim against us in relation to a cashback or bonus offer.

Miscellaneous – Customer grievance redressal policy

If you are not satisfied with the quality of service(s) offered, please write to us at indy@obopay.com or refer to the grievance policy at www.obopay.com, for which the procedure for escalation of complaints will be as follows.

Escalation Matrix

The three escalation levels are as below of three escalations:

Escalation Level – 1

Write to Customer Support team – indy@obopay.com

Number: +91-8123275471

Response Time: Seven Business Days

Escalation Level – 2

Write to Manager Customer Service: manager@obopay.com

Number: +91-8610657703

Response Time: Fifteen Business Days

Escalation Level – 3

Write to Nodal Officer – nodal@obopay.com

Number: +91-7259289198

Response Time: Twenty One Business Days

You can also write to:
Obopay Mobile Technology India Pvt Ltd.
201, 2nd Floor, “Touchdown”,
#1&2, H.A.L Industrial Area,
Bangalore – 560037

OMBUDSMAN

The complaint to Ombudsman can be lodged online through the web portal https://cms.rbi.org.in
Complaints can also be filed through the dedicated e-mail – CRPC@rbi.org.in
Compliant can be sent in physical mode to the ‘Centralised Receipt and Processing Centre’ set up at Reserve Bank of India, 4th Floor, Sector 17, Chandigarh – 160017