Indus Pay Terms and Conditions

Please read the terms and conditions carefully before registering, accessing or using the Services (defined below). The terms and conditions is a legal contract ("Agreement") between You and IndusInd Bank Private Ltd. having its registered office at 2401,General Thimmayya Road, East Street, Pune – 411 001, India. You agree and acknowledge that you have read the terms and conditions set forth below. If you do not agree to these terms and conditions or do not wish to be bound by these terms and conditions, you may not use the Services and/or immediately terminate the Services.

We may amend the terms and conditions at any time by posting an updated version at www.indusind.com (“IndusInd Website”). The updated version of the Terms of Service shall take effect immediately upon posting. If you use our Services, you will be bound by this Agreement which may be amended from time to time.

Terms of Service

The rights, benefits, liabilities and obligations under the terms and conditions set forth below shall accrue to the benefit of IndusInd Bank and are applicable to the use UPI services to make any type of transactions.

For the purpose of these Terms, wherever the context so requires 'You/Your' or "User" shall mean any natural or legal person who has registered for Services and who has accepted these Terms of Services. The term "We", "Us", "Our" shall mean and/or IndusInd Bank. Further, the term "Merchant" shall include any establishment and/or entity who accepts the Services of IndusInd Bank UPI services as a payment method to collect payment from their customers for the purchase(/s) of goods and/or services. Similarly, the term "Buyer" shall refer to the person who purchases any of the goods or services provided by the Merchants. ”App” is referred to as any one of IndusInd Bank or a partner’s UPI App with brand name “Indus Pay”, “Chillr” and “IndusMobile”. “Chillr” refers to the mobile application developed and maintained by BACKWATER TECHNOLOGIES PRIVATE LIMITED and uploaded on Apple App store, Google Play store and Windows Store. ‘Chillr PIN’ refers to the Personal Identification Number set on Chillr App by IndusInd Customer for authorizing the transaction. “UPI PIN/MPIN” refers to the Personal Identification Number set with the respective bank where the customer is holding the account(s)

Services:

IndusInd Bank UPI services are a payment solution which facilitates payments and acts as such by creating, hosting, maintaining and providing Services to you via the Internet. IndusInd Bank UPI services are provided through 'Indus Pay', ’IndusMobile’ and ‘Chillr’ branded mobile payments app. IndusInd Bank UPI services are provided to businesses by enabling them to accept payments and services from its customers for the products and/or services on their platform IndusInd Bank UPI Apps

IndusInd Bank UPI 1services in compliance with local laws and regulations.

IndusInd Bank UPI services are available only to people: with bank accounts in one of the UPI member banks who have provided the same mobile number to any IndusInd Bank UPI App as the one registered with their respective bank

Registration

In order to use the full spectrum of IndusInd Bank UPI Services, you need to register on one of IndusInd Bank or Partner’s UPI Apps and provide Us with accurate and complete information. You are also required to keep your accounts and contact information complete and updated at all times. Any account found to contain incorrect and/or outdated information will be suspended.

Upon downloading any IndusInd Bank or Partner’s UPI App, you have to necessarily allow permission to the App to send an SMS from your smartphone to App’s Virtual mobile number, which allow App to verify Your mobile number and register Your device details against Your App account. This is a mandatory security step, and You accept that App has the sole right to not allow you to use App without the completion of this step.

It is Your responsibility to provide Your correct mobile number so that We can communicate with You via SMS. You understand and agree that if We send you an SMS but You do not receive it because Your mobile number on file is incorrect or out of date, blocked by your service provider, or you are otherwise unable to receive SMS, We shall be deemed to have provided the communication to You effectively. Please note that if You use a spam filter that blocks or re-routes SMSes from senders not listed in Your contacts, you must ensure that App SMSes are marked as trusted as 'not-spam', so that you will be able to view the Communications we send to you.

The mobile number provided by you should be the same as registered with your bank against your bank account, to enable UPI transactions from App. App will not be liable for any such mismatch leading to your failure to access UPI transactions on App.

Email Address

It is Your responsibility to keep Your primary email address up to date so that We can communicate with You electronically. You understand and agree that if We send you an electronic communication but You do not receive it because Your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, We shall be deemed to have provided the communication to You effectively. Please note that if You use a spam filter that blocks or re-routes emails from senders not listed in Your email address book, you must add IndusInd Bank to your email address book so that you will be able to view the Communications we send to you.

Device Information

The device (smartphone) on which You download App and use during registration, shall become Your registered device and it's details shall be stored by us. The moment You log into your App account from a different device , You will be asked to allow App to send an SMS from the new device, after which the new device becomes the registered device.

You will not be able to access your App account or authorize UPI transactions using your previous device until you re-login and re-authorize yourself on that device.

About UPI

The Unified Payments Interface (UPI) is a payment platform built by NPCI (National Payments Corporation of India) that allows instant online payments between the bank accounts of any two parties’. UPI offers an architecture and a set of standard API specifications to facilitate these online payments. It aims to simplify and provide a single interface across all NPCI systems besides creating interoperability and superior customer experience.

IndusInd Bank UPI Apps facilitates payments inter-se between customers - customers and customers - merchants respectively.

Your Account and Registration Obligations

To enable UPI payments, the user first needs to have IndusInd Bank UPI App account.

User can register and create a IndusInd Bank UPI App account by downloading and registering any one of the IndusInd Bank UPI Apps

• IndusMobile(Only for IndusInd Customers)
• Chillr (For IndusInd and non-IndusInd customers)
• IndusPay(For IndusInd and non-IndusInd customers)

Thereafter, You will be able to register for UPI payments by selecting your bank

You first need to select the bank from amongst the list of UPI-member banks as shown in the App. The list comprises of all the banks connected to the UPI Platform of NPCI.

If the name of Your bank does not appear in the list, you can still add your bank by providing the bank account number and the IFSC code. You will not be able to make UPI payments from Your bank account.

If you have selected a bank from the UPI-member list, Your mobile number will be OTP (One Time Password) verified by the UPI-member bank. Please note that your mobile number, should be registered with Your bank. If Your mobile number is not registered, then Your OTP verification will fail. You will not be able to avail the UPI Service unless You first register your mobile number with the Bank.

Once Your mobile number is verified by OTP, Your bank will share the masked bank account numbers against the registered mobile number. You need to select the bank account which You wish to link with App.

The selected bank account can be linked with App in the following manner: If You already have the 4-6 digit MPIN (Mobile Personal Identification Number) for Your bank account, then you can proceed to send and receive payments via App

If you do not remember the MPIN, you can click on “Set MPIN” and set a new one by providing the Debit card number linked with Your bank account and the Expiry date of the Card. Your mobile number will be OTP verified by Your bank. If the verification is successful, you will be taken to the NPCI page, to set a new MPIN. After setting the MPIN, you will be taken back to the App screen, where the account would have been linked

You can Reset your MPIN by clicking on “Reset MPIN”. You can then set a new MPIN by providing the old and new MPINs.

You need to authorize every UPI payment transaction by providing the MPIN.

You are solely responsible for linking Your correct bank account. Since Your mobile number is treated as the primary identifier, Your mobile number needs to be updated with the bank linked to App in case of any changes.

You agree that your default VPA will act as your identity for all payment transactions and all requests to your App account will be raised to your default VPA unless another VPA is explicitly specified.

You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access to Your Account.

We shall ensure that all your confidential data pertaining to your money transactions, bank account details, and all other sensitive personal information are protected and kept confidential by employing best available protection standards, which are more fully set out in our Privacy Policy.

You are solely responsible to keep Your OTP, MPIN and bank account related details confidential. Sharing such information with others may lead to unauthorized usage, for which IndusInd Bank will not be responsible

IndusInd Bank UPI Apps can be used for Person to Person money transfers or to purchase products and services online or offline on any Merchant platform.

The MPIN needs to be entered on Your mobile to authorize every UPI payment. You need to ensure that You are connected to the internet at the time of making any transaction.

UPI limits issued by NPCI is 1 lakh per transaction

Your bank may charge you a nominal transaction fee for UPI transfers- please check with your bank for any such charges.

ACCURACY OF INFORMATION

The Customer undertakes to provide accurate and complete information wherever required and shall be solely responsible for the correctness and completeness of information provided by him to IndusInd Bank at all times, including, but not limited to, for the purposes of availing of the Facility. IndusInd Bank shall not be liable for consequences arising out of erroneous information supplied by the Customer. If the Customer suspects that there is an error in the information supplied by Bank to him, he shall advise IndusInd Bank as soon as possible. IndusInd Bank will endeavor to correct the error wherever possible on a best effort basis. While IndusInd Bank will take all reasonable steps to ensure the accuracy of the information supplied to the Customer, IndusInd Bank shall not be liable for any inadvertent error, which results in the providing of inaccurate information.

DISCLAIMER OF LIABILITY

IndusInd Bank shall not be responsible for any failure on the part of the Customer to utilize the Facility due to the Customer not being within the geographical range within which the Facility is offered and which forms part of the roaming network of such cellular service provider, providing services to the Customer availing such roaming facility from the respective cellular service provider. If the Customer has reason to believe that the Mobile Phone Number is / has been allotted to another person and / or there has been an unauthorised transaction in the Account and / or his mobile phone handset is lost, he shall immediately inform IndusInd Bank of the same.

The Customer agrees that IndusInd Bank shall not be liable if:

• The Customer has breached any of the terms and conditions, contained herein or
• The Customer has contributed to or the loss is a result of failure on part of the Customer to advise IndusInd Bank within a reasonable time about unauthorised access of or erroneous transactions in the Account by use of the Facility; or
• The Customer has shared details of the MPIN/UPI PIN/Chillr PIN with multiple beneficiaries for withdrawal
• as a result of failure on part of the Customer to advise IndusInd Bank of a change in or termination of the Customer's Mobile Phone Numbers.
• There has been an unauthorized transaction in the Account as a result of any person having control or custody of telecommunications instrument (such as the mobile handset) so that such instrument may be used to give telecommunications instruction without authorization or any other issue/default/error/technological problem in the telecommunication instrument (such as the mobile handset) or duplication of mobile number/ SIM of the Customer such as but not limited to SIM card cloning, virus in handset etc.

IndusInd Bank shall endeavor to provide the Facility on a best effort basis and the Customer shall not hold IndusInd Bank liable for non-availability of the Facility or non-performance by service providers, if any, engaged by IndusInd Bank or any loss or damage caused to the Customer as a result of use of the Facility (including relying on the Responses for the Customer's commercial, investment or business purposes) for causes which are not attributable to IndusInd Bank. IndusInd Bank shall not be liable in any manner to the Customer in connection with the use of the Facility.

The Customer accepts that each Response may contain certain Account information relating to the Customer. The Customer authorises IndusInd Bank to send Account related information, though not specifically requested, if IndusInd Bank deems that the same is relevant. IndusInd Bank shall not be held responsible for the confidentiality, secrecy and security of the personal or Account information being sent through the Facility. The Customer agrees that the access to the Facility shall be only through the Mobile Phone Number and any transaction which originates from the same, whether initiated by the Customer or not, shall be deemed to have originated from the Customer.

Under no circumstance, IndusInd Bank shall be held liable if the Facility is not available for reasons including but not limited to natural calamities, legal restraints, faults in the telecommunication network or network failure, or any other reason beyond the control of IndusInd Bank. IndusInd Bank shall not be liable under any circumstances for any damages whatsoever whether such damages are direct, indirect, incidental consequential and irrespective of whether any claim is based on loss of revenue, interruption of business or any loss of any character or nature whatsoever and whether sustained by the Customer or by any other person. Illegal or improper use of the Facility shall render the Customer liable for payment of financial charges as decided by IndusInd Bank or will result in suspension of the Facility for the Customer.

IndusInd Bank is in no way liable for any error or omission in the services provided by any cellular or any third party service provider (whether appointed by IndusInd Bank in that behalf or otherwise) to the Customer, which may effect the Facility.

IndusInd Bank, does not warrant the confidentiality or security of the messages whether personal or otherwise transmitted through the Facility. IndusInd Bank makes no warranty or representation of any kind in relation to the system and the network or their function or performance or for any loss or damage whenever and howsoever suffered or incurred by the Customer or by any person resulting from or in connection with the Facility.

Without limitation to the other provisions of this terms and conditions, IndusInd Bank, its employees, agent or contractors, shall not be liable for and in respect of any loss or damage whether direct, indirect or consequential, including but not limited to loss of revenue, profit, business, contracts, anticipated savings or goodwill, loss of use or value of any equipment including software, whether foreseeable or not, suffered by the Customer or any person howsoever arising from or relating to any delay, interruption, suspension, resolution or error of IndusInd Bank in receiving and processing the request and in formulating and returning responses or any failure, delay, interruption, suspension, restriction, or error in transmission of any information or message to and from the telecommunication equipment of the Customer and the network of any cellular service provider and IndusInd Bank's system or any breakdown, interruption, suspension or failure of the telecommunication equipment of the Customer, IndusInd Bank's system or the network of any cellular service provider and/or any third party who provides such services as is necessary to provide the Facility.

Notwithstanding anything in the contrary provided in this terms and conditions, IndusInd Bank shall not be involved in or in any way liable to the Customer for any dispute between the Customer and a cellular service provider or any third party service provider (whether appointed by IndusInd Bank for such purpose or otherwise).

The Customer agrees that IndusInd Bank may hold and process his personal information concerning his Account/s on computer or otherwise in connection with the Facility as well as for analysis, credit scoring and marketing. The Customer also agrees IndusInd Bank may disclose, in strict confidence, to other institutions, such information as may be reasonably necessary for reasons inclusive of but not limited to the participation in any telecommunication or electronic clearing network, in compliance with legal directive, for credit rating by recognized credit scoring agencies, and for fraud prevention.

The Customer shall not interfere with or misuse in any manner whatsoever the Facility and in the event of any damage due to improper or fraudulent use by the Customer, the Customer shall be liable for damages to IndusInd Bank.

The Customer is solely responsible for protecting his MPIN/Chillr PIN or Mobile Phone Number and any other password that may be issued by IndusInd Bank for the use of the Facility.

IndusInd Bank will not be liable for:

• any unauthorised use of the Customer's MPIN/Chillr PIN or Mobile Phone Number or for any fraudulent, duplicate or erroneous instructions given by use of the Customer's MPIN or SPIN or Mobile Phone Number;
• acting in good faith on any instructions received by IndusInd Bank from or on behalf of the Customer in relation to the Facility;
• error, default, delay or inability of IndusInd Bank to act on all or any of the instructions given by the Customer
• loss of any information/instructions in transmission;
• unauthorized access by any other person to any information /instructions given by the Customer or breach of confidentiality;

IndusInd Bank will not be concerned with any dispute between the Customer and any cellular service provider and/ or any third party providing such services, through which the Facility is being availed by the Customer. IndusInd Bank makes no representation or gives no warranty with respect to the quality of the service provided by any cellular service provider.

IndusInd Bank may provide any other services as a part of the Facility and IndusInd Bank shall not be liable for the oversight on part of the Customer to update himself with the addition of services which have been included in the Facility.

INDEMNITY

In consideration of IndusInd Bank providing the Facility, the Customer, at his own expense, agrees to indemnify, defend and hold harmless, IndusInd Bank, its directors and employees, representatives, agents and/or the Affiliates, as the case may be, against all losses, damages, expenses, actions, claims, demands and proceedings whatsoever, that IndusInd Bank may incur, sustain, suffer or be put to at any time as a consequence of acting on or omitting or refusing to act on any instructions given by the Customer or otherwise for use of the Facility.

The Customer agrees to indemnify, defend and hold harmless IndusInd Bank, against any loss incurred by the Customer due to failure to provide the services offered under the Facility or any delay in providing the services due to any failure or discrepancy in the network of the cellular service provider.

The Customer agrees to indemnify, defend and hold harmless, IndusInd Bank from any losses occurring as a result of the:

• the Customer permitting any third parties to use the Facility.
• the Customer permitting any other person to have access to his mobile phone or as a consequence of leaving the mobile phone unattended or loss of mobile phone.

FEES

IndusInd Bank shall have the discretion to charge such fees as it may deem fit from time to time and may at its sole discretion, revise the fees for use of any or all of the Facility, by notifying the Customer of such revision. The Customer may, at any time discontinue or unsubscribe to the said Facility. The Customer shall be liable for payment of such airtime or other charges which may be levied by any cellular service provider in connection with availing of the Facility and IndusInd Bank is in no way concerned with the same. The charges payable by the Customer is exclusive of the amount payable to any cellular service provider and would be debited from the account of the Customer on a monthly basis. The Customer shall be required to refer to the schedule of fees put up on the IndusInd Bank website from time to time on Unified Payments Interface

MODIFICATION

IndusInd Bank shall have the absolute discretion to amend or supplement any of the Terms and Conditions, features and benefits in relation to the Facility. IndusInd Bank may communicate the amended Terms and Conditions by hosting the same on its website or in any other manner as decided by IndusInd Bank. The Customer shall be responsible for regularly reviewing these Terms and Conditions, including amendments thereto as may be posted on the website and shall be deemed to have accepted the amended Terms and Conditions by continuing to use the Facility. Any change in the Terms and Conditions (other than interest charges and rates) shall be communicated to the Customer, in the manner as aforesaid, one month prior to the date of their implementation.

TERMINATION

The Customer may request for termination of the Facility at any time by giving a written notice to IndusInd Bank or through any other medium made available by IndusInd Bank. The Customer will continue to be responsible for any transactions that may have been effected through the Mobile Phone Number in relation to the Facility prior to such cancellation of the Facility.

IndusInd Bank may, at its discretion, withdraw temporarily or terminate the Facility, either wholly or in part, at any time without giving prior notice to the Customer. IndusInd Bank may, without prior notice, suspend the Facility at any time during which any maintenance work or repair is required to be carried out or in case of any emergency or for security reasons, which require the suspension of the Facility. IndusInd Bank shall endeavor to give a reasonable notice for withdrawal or termination of the Facility.

The closure of all Account/s of the Customer will automatically terminate the Facility. IndusInd Bank may suspend or terminate Facility without prior notice if the Customer has breached these Terms and Conditions or IndusInd Bank learns of the death, bankruptcy or lack of legal capacity of the Customer.

NOTICES

IndusInd Bank and the Customer may give notice under these Terms and Conditions electronically to the mailbox of the Customer (which will be regarded as being in writing) or in writing by delivering them by hand or by sending them by post to the registered address of the Customer, last recorded with IndusInd Bank. In addition, IndusInd Bank shall also provide notice of a general nature regarding the Facility and the Terms and Conditions, which are applicable to all Customers using the Facility, on its website and/ or also by means the customised messages sent to the Customer over his mobile phone as short messaging service ("SMS") or other mode as may be deemed fit by IndusInd Bank. Such notice will be deemed to have been served individually to each Customer.

GOVERNING LAW

Any dispute or differences arising out of or in connection with the Facility shall be subject to the exclusive jurisdiction of the Courts of Mumbai.

IndusInd Bank accepts no liability whatsoever, direct or indirect for non-compliance with the laws of any country other than that of India. The mere fact that the Facility can be accessed by a Customer in a country other than India does not imply that the laws of the said country govern these terms and conditions and / or the operations in the Account/s of the Customer and / or the use of the Facility.

CONSENT TO USE, SHARE AND DISCLOSE

The User hereby accept, authorize, confirm and permit IndusInd Bank to use, share and disclose any/all of User/s registered communication contact addresses/ details (postal, e-mail, mobile number, etc.) and other information, that User has willingly registered/ shared with the Bank for the purpose of:

• Using BHIM IndusPay UPI application
• receiving information/services, either from the Bank, Central KYC Registry and/or through any of the Bank’s authorised Service Providers/ Agency(ies)/ Professional Advisors related to the operation of User/s account(s)/ services availed by the User; or 
• API based authentication where User details are being auto fetched/ populated to process banking requests/ applications on/ through the Bank’s Web Applications/ Systems; or
• any kind of promotional/ research/ feedback based exercise about the Bank’s products/ services through any mode used by the Bank (including without limitation through telephone calls, SMS or E-mail) that the User should be made aware for general consumption or to provide feedback as an existing customer of the Bank.

IndusInd Bank may continue to use, share and disclose User/s information until such time the User requests/ notifies the IndusInd Bank to stop sending communication to any/ all of his/ her/ its registered communication addresses. Notwithstanding anything contained herein above, IndusInd Bank may disclose or share the User information to any service provider(s), regulatory or statutory authority(ies),  or pursuant to any legal requirement to credit bureaus, statutory bodies, central KYC registry, law enforcement agencies or any other authority governing the financial and banking operations whether in India or outside India, without prior notice or as may be required by the Indusind Bank.