Terms & Conditions
PEINDIA PAYMENTS TERMS & CONDITIONS FACILITY (with effect from 01.03.2022)
In these terms and conditions, unless there is anything repugnant to the subject or context thereof, the expressions listed below shall have the following meanings viz.:
"Alert(s)" means the customized messages sent to the Mobile Phone Number as an SMS in response to the Triggers set by the Customer.
"Alert/Push Facility"shall mean the service provided by PEINDIA wherein a Retailer/Customer can obtain specific information pertaining to his Account on his Mobile Phone Number. "Customer" shall mean a customer of PEINDIA or of an Affiliate or any person who has applied for any product/service of PEINDIA.
"PEINDIA" shall mean PEINDIA PAYMENTS PVT LTD, a company incorporated under the Companies Act 1956 having its registered and corporate office at House No 41, Sixmile Panjabari road, Guwahati- 781022, Assam. The expression "PEINDIA" shall, unless it be repugnant to the subject or context hereof, include its successors and assigns.
“PEINDIA Contact Number” refers to the number/s provided by PEINDIA to its Retailers/Customers for availing of Request/Pull Facility or such other facilities which may be availed of through the PEINDIA Contact Number, as communicated by PEINDIA from time to time.
"Facility" shall mean PEINDIA DIGITAL SEVA facility which provides the Retailers/Customers, services such as information relating the DIGITAL SEVA, details about transactions and such other services. "Personal Information" shall mean the information about the Retailers/Customer obtained in connection with the Facility.
"Request/Pull Facility" shall mean facility through which Retailers/Customers will be able to make requests about their transaction by sending through email.
“Mobile Banking Menu” shall mean the mobile banking application which can be installed on the mobile phone handset to access information pertaining to the Account/s, by keying in digits representing the relevant menu option.
“GPRS” shall mean the General Packet Radio Service. In these Terms and Conditions, unless the contrary intention appears:
(a) a reference to: an "amendment" includes a supplement, modification, novation, replacement or re-enactment and "amended" is to be construed accordingly; an "authorization" or “approval” includes an "authorization", consent, clearance, approval, permission, resolution, license, exemption, filing and registration; “law” includes any constitution, statute, law, rule, regulation, ordinance, judgement, order, decree, "authorization", or any published, directive, guideline, requirement or governmental restriction having the force of law, or any determination by, or interpretation of any of the foregoing by, any judicial authority, whether in effect as of the date of signing/submission of the application form or thereafter and each as amended from time to time. the singular includes the plural (and vice versa); the headings in these Terms and Conditions are inserted for convenience of reference only and are to be ignored in construing and interpreting the Terms and Conditions; reference to the words “include” or “including” shall be construed without limitation; reference to a gender shall include references to the female, male and neuter genders; all approvals, permissions, consents or acceptance required from PEINDIA PAYMENTS PVT LTD for any matter shall require the prior, written approval, permission, consent or acceptance of PEINDIA PAYMENTS PVT LTD;
APPLICABILITY OF TERMS AND CONDITIONS:-
These terms and conditions (“Terms and Conditions”) together with the application made by the Retailer/Customer and as accepted by PEINDIA shall form the contract between the Retailer/Customer and PEINDIA , and shall be further subject to such terms as PEINDIA may agree with the other service providers. These Terms and Conditions shall be in addition to and not in derogation of the terms and conditions governingPEINDIA Customer Care Centre, Infinity and relating to other product/services provided by PEINDIA and/or its Affiliates.
AVAILABILITY & DISCLOSURE
Section 3 of Information Technology Act, 2000 prescribes the procedure for authentication of electronic records, which states that a subscriber may authenticate an electronic record by affixing his digital signature and Section 5 provides legal recognition to digital signature for authentication of electronic records. However, PEINDIA has adopted the mode of authentication of the Retailer/Customer by means of verification of the Mobile Phone Number and through any other mode of verification as may be stipulated at the discretion of PEINDIA, which are not recognized under Information Technology Act, 2000 for authentication of electronic records. The unauthorized access and/or use of aforementioned modes of authentication can raise a risk to the security of the Account/s of the Retailer/Customer. Hence, to avoid any legal risks related with use of modes of verification other than digital signatures, the Retailer/Customer(s) shall ensure maintenance of complete confidentiality, secrecy and protection of the authentication parameters such as Mobile Phone Number or any other mode of verification as may be stipulated at the discretion of PEINDIA. Therefore, the Retailer/Customer is solely responsible to maintain the secrecy and confidentiality of the Mobile Phone Number and any other mode of verification as prescribed by PEINDIA from time to time without any liability of PEINDIA in this regard. PEINDIA shall endeavour to provide to the Retailer/Customer through the Facility, such services as PEINDIA may decide from time to time. PEINDIA reserves the right to decide what services may be offered to the Retailer/Customer.PEINDIA may also vary the services offered through the Facility at its sole discretion. PEINDIA shall not be responsible for the delay in carrying out such instructions due to any reason whatsoever, including, but not limited to, failure of operational system or any requirement of law or PEINDIA'S internal policies.
AUTHORITY TO ICICI BANK
PEINDIA in its sole discretion shall decide the devices, software platforms, versions, networks, methods, and data services that will be supported by the Facility. Any attempts to modify unsupported versions for use in the Facility will be treated an unauthorized use and violation (“Unauthorized Use”) of this Terms and Conditions Document. The Facility shall be suspended with immediate effect if there is Unauthorized Use by the Retailer/Customer.
All records of PEINDIA generated by the transactions arising out of use of the Facility, including the time of the transaction recorded shall be conclusive proof of the genuineness and accuracy of the transactions.
ACCURACY OF INFORMATION
The Retailer/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.
PEINDIA and the Retailer/Customer may give notice under these Terms and Conditions electronically to the mailbox of the Retailer/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 PEINDIA and in case to PEINDIA at its office at House No 41, Sixmile Panjabari Road, Guwahati, 781022. In addition, ICICI 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 Infinity 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 PEINDIA. Such notice will be deemed to have been served individually to each Retailer/Customer.
A Force Majeure Event shall mean any event that is beyond the reasonable control of the PEINDIA and shall include but not limited to war, riots, fire, flood, acts of God, explosion, strikes, lockouts, slowdowns, prolonged shortage of energy supplies, Pandemic, computer hacking, unauthorized access to computer data and storage devices, computer crashes ,acts of state, governmental, legal or regulatory actions prohibiting or impeding PEINDIA Entities from performing its respective obligations under the contract.
Any dispute or differences arising out of or in connection with the Facility shall be subject to the exclusive jurisdiction of the Courts of Guwahati.