Terms & Conditions for Dhani Pay Prepaid Account issued by TranServ

Please note that TranServ was issuing prepaid instruments under the name ‘Udio’ and has now renamed its products & services under the brand ‘Dhani Pay’ with effect from 10 April 2019. Customers registered for Udio Wallet, Udio Card and / or Udio Services will be governed by the following terms and conditions applicable for Dhani Pay Prepaid Account, Dhani Pay Card and/or Dhani Pay Services respectively.

This is an important document which you must consider carefully when choosing whether to use our Dhani Pay Services at any time.

By installing the Dhani Pay Mobile App or signing up on Dhani Pay website or through any Dhani Pay Cash Point, and/or by using any part of the Dhani Pay Services, the customer expressly agrees to and consents to being irrevocable bound by this agreement, and all of the terms set out herein for usage of the Dhani Pay prepaid instrument. Please read the terms contained herein carefully before agreeing to them. You are solely responsible for understanding and complying with any and all laws, rules and regulations of India that may be applicable for use of our Dhani Pay Services.

TranServ Pvt Limited has received authorisation from the Reserve Bank of India for Issuance and Operations of Semi-Closed Prepaid Payment Instruments. TranServ complies to the RBI guidelines applicable for prepaid payment instruments, Domestic Money Transfer Guidelines issued by The Reserve Bank of India and any other laws as maybe applicable. TranServ issues prepaid instruments in the name and brand "Dhani Pay"

Dhani Pay Prepaid Account is a semi-closed prepaid payment instrument available as a mobile application on Android (v1.4 and above)/iOS (v 8 and above) and on the web. Dhani Pay Prepaid Account includes functionalities such as add funds, send money, split bills, store CC/DC, make bill payments, sent gift vouchers, recharges, merchant payments and it also gives customer the option to subscribe for a prepaid card issued in association with card networks such as Visa/Master/Rupay. Dhani Pay Prepaid Account can be used for conducting transactions only in Indian currency.

These Terms and Conditions (these "Terms & Conditions" or "T&Cs") form the terms and conditions for the use of our Dhani Pay Services (as hereinafter defined). This Agreement is a legal document between the Customer (as defined below) and TranServ Private Limited a company incorporated under of laws of India ("TranServ", "we", "our" or "us") governing the Customer’s relationship with TranServ.

The words "you", "your" or "yours" refer to the "Customer" using our Dhani Pay Prepaid Account and Dhani Pay Services.
In relation to these "Terms & Conditions" "T&Cs";

  • All references to singular shall include plural and masculine gender shall include feminine gender;
  • The clause headings are only for convenience and do not affect the meaning of the relative clause; and
  • If any provision hereof is held to be illegal, void or unenforceable by any court of competent jurisdiction, such provision shall be deemed to be deleted here from and the remaining Terms and Conditions shall continue in full force and effect.

Definitions

In this document, the following word and phrases shall have the following meanings:

  • The words "TranServ", "We" and "Us" refers to TranServ Private Limited, a company incorporated under the laws of India and includes its successors and assignors.
  • "Customer, User, Employee, PPI Holder" shall mean a registered user of the Dhani Pay Prepaid Account service provided by TranServ or any other person who is using Dhani Pay Services directly or indirectly
  • "Corporate" shall mean an entity (Pvt Ltd or Ltd), Partnership, Firm, Organisation or any other such Institution which has an agreement with TranServ to provide Dhani Pay Corporate Payment Solutions to its Employees/ beneficiaries.
  • "Fees" or "Charges" shall mean the fees charged by TranServ for the Dhani Pay Services;
  • "Know Your Customer (KYC)" refers to the various norms, rules, laws and statutes issued by RBI, or any other regulatory body, from time to time under which TranServ may be required or wish to procure personal identification details from you before any Dhani Pay Services can be delivered;
  • "Merchant" means any partnership firm, limited liability partnership firm, public limited company, private limited company, trust, society or any other legal entity as per the laws in force in India from time to time, which has an arrangement with TranServ directly/through card network/ payment aggregator to accept and honour payments made using the Dhani Pay Prepaid Account balance, for paying consideration for goods and services provided by the Merchant to the Customer. Merchants shall include among others, stores, shops, restaurants, transport organizations as advertised from time to time by TranServ;
  • "RBI" means the Reserve Bank of India;
  • Escrow Bank” shall mean any bank that we may have contract from time to time, for holding the advances received from customers/corporates/ or any other establishment for the execution of our Dhani Pay Services
  • "Payment Service Provider" shall mean Partner banks, financial institutions, card issuer bank, online intermediaries, payment gateway providers, card network associations, and/or other entities with whom TranServ has entered into arrangements for facilitating the provision of Dhani Pay Services by TranServ.
  • "Password" means the alphanumeric string required for authenticating the use of the Dhani Pay Prepaid Account and/ or Dhani Pay Visa/Master/Rupay Card on a mobile or web platform allocated by TranServ from time to time;
  • "Personal Identification Number (PIN)" shall mean a set of confidential number/s generated by the customer while activating the Dhani Pay Card. This PIN can be used at PoS /QR terminal for putting through Transactions using the PPI, or which may be used as a second factor authentication in case the PPI is a prepaid Account
  • "PoS" shall mean a point of sale electronic terminal at Merchant establishments in India capable of processing transactions and at which, amongst others, the Customer can make purchases online or offline using Dhani Pay Card.
  • “QR” shall mean quick response codes displayed at the Merchant establishments to facilitate processing of transactions over the card scheme network basis the Merchant id embedded in the QR code.
  • "Regulations" The Dhani Pay Prepaid Account is subject to and in compliance with the Payment and Settlement Systems Act, 2007 ("PSS Act"); any guidelines as issued under Issuance and Operation of the Prepaid Payment Instruments in India (Reserve Bank) Directions, 2009 ("RBI Guidelines") updated on July 01, 2014, and any amendments thereafter; Domestic Money Transfer Guidelines issued by The Reserve Bank of India and any other laws as maybe applicable to these T&Cs
  • “Dhani Pay Services” shall mean the services such as Dhani Pay Prepaid Account, Dhani Pay Card, various payment functionalities and services provided by TranServ to Customers through the mobile application and/or website, or through any modes as may be determined by TranServ.
  • "Dhani Pay Voucher" shall mean specific purpose, non-transferable vouchers which can be used only for select transaction/merchant category.
  • "Dhani Pay Prepaid Account" means Semi closed Prepaid Instrument issued by TranServ Pvt Limited in accordance with the RBI guidelines for Issuance and Operations of Prepaid Payment Instruments. Such an instrument is issued and operated in an electronic form whereas Customers access such account through a mobile handset or website or Dhani Pay Card or any such electronic instruments
  • "Dhani Pay Card" means a physical/digital prepaid card issued in association with the Card Network, to access funds in the Dhani Pay Prepaid Account, and which can be used at any online merchant or at any POS terminal accepting the Card Network.
  • Dhani Pay Corporate Payment Solutions shall mean facility available to the Corporates to distribute payments digitally to individual holding a valid Dhani Pay Prepaid Account/Card
  • "Transaction" means an instruction or an inquiry or communication as appearing in the records maintained by TranServ and made by the Customer using the Dhani Pay Prepaid Account directly or indirectly to effect a transaction with a Merchant.
  • "Transaction Confirmation" shall mean the intimation received by TranServ from either the Merchant or the Customer with regard to the receipt or delivery or supply of goods or services.
  • "Working Days" means any day on which banks in Mumbai are open for business and as further explained in Clause 18 herein below.

Eligibility

By registering to use, creating or using the Dhani Pay Services, you represent and confirm, in addition to other representations that you may be required to make elsewhere in these T &Cs, that you are:

  • 18 (eighteen) years of age or older;
  • an Indian citizen, a legal resident of India or a business entity registered in India and authorized to conduct business in India; not ‘incompetent to contract’ within the meaning of the Indian Contract Act, 1972; and
  • entering into and performing these T&Cs, as per applicable law.

We reserve the right to terminate your account at any time if we have reason to believe that your account is being used by any person who is not eligible, or not in compliance with the terms of this agreement.
You further represent and confirm that you are not a person debarred from using and/or receiving the Dhani Pay Services under the laws of India or other applicable laws.
The Dhani Pay Services can only be used in India. You acknowledge that the Dhani Pay Services may be subject to import and export restrictions imposed by the laws, rules, regulations, and guidelines in force in India.

Identity Authentication

You hereby authorize TranServ directly or through third parties, to make any inquiries we consider necessary to validate your identity and/or authenticate your identity and account information. This may include an OTP authentication of your mobile number, or asking you for further information and/or documentation about your account usage or identity, or requiring you to confirm identification by furnishing KYC documentation, ownership of your email address, telephone number or financial instruments, among others. This process is for internal verification and validation purposes.

Dhani Pay Prepaid Account Registration

Please note that in order to comply with the various norms, rules, regulations, laws and statutes issued by RBI, or any other regulatory body, we do not allow You to open more than one Account in association with the phone number registered in Your name.

All PPI holders who have not provided details of an Officially Valid Document (OVD), such as Aadhaar Number or PAN or any such authorised document number are classified as "Pending KYC". Customers with status "Pending KYC" cannot add any funds into Dhani Pay Prepaid Account. Such customers can use the available Dhani Pay Prepaid Account balance for purchase of any products and services. Use of such balances to transfer to a bank account or to any other PPI holder is not permitted.

  • All PPI holders who have provided details of an Officially Valid Document (OVD), such as Aadhaar Number or PAN or any such authorised document number are classified as "Minimum KYC". "Minimum KYC" Customers can:
    • Maintain upto ₹10,000 balance in the PPI
    • Load funds upto ₹10,000 in a month
    • Spend upto ₹10,000 in a month
    • Can utilize the funds for purchase of goods and services.

A Minimum KYC” Customer shall mandatorily need to upgrade to Full KYC category on or before completion of the one year from the date of providing OVD details. In the event the Customer fails to upgrade, such customers shall be downgraded to "Pending KYC" Category with applicable transaction limits as prescribed by RBI.

  • PPI holders who complete the eKYC procedure, subject to the prevailing regulatory guidelines, shall be classified as "e-KYC". Such Customers shall agree to the eKYC terms and conditions given below in this document. e-KYC Customers can
    • Maintain upto ₹1,00,000 balance at any point in time
    • Transact for upto ₹2,00,000 in next 12 months
    • Utilize the funds for purchase of goods and services
    • Transfer funds to any bank account
    • Transfer funds to any other Dhani Pay Prepaid Account
  • PPI holders completing the full KYC process i.e. submission of Application Form, Photograph, KYC documents or Bio-metric based Aadhaar authentication, shall be classified under this category. Such Customers can:
    • Maintain upto ₹1,00,000 balance at any point in time
    • Increased yearly spending limits
    • Utilize funds for purchase of goods and services
    • Transfer funds to any bank account
    • Transfer funds to any other Dhani Pay Prepaid Account

Documents needed: Copy of PAN Card (mandatory) and Copy of Aadhaar Card/ Driver’s Licence/ Passport/ Voter’s ID/ NREGA Card along with duly filled KYC form and passport size photograph. The Original documents should be displayed to the TranServ representative for verification purpose.

OTP BASED E-KYC: (subject to prevailing regulatory guidelines)
These below terms shall apply to Customers who opt for OTP based e-KYC for upgradation.

  • The Customer hereby
    • Gives consent for authentication via OTP for availing Dhani Pay Services
    • Declares that no other prepaid Account has been opened nor will be opened using OTP based e-KYC
    • Authorise Dhani Pay to obtain and store e-KYC data for the period as prescribed by the regulator
    • Explicitly permit Dhani Pay to share/use my e-KYC data with other regulated entities which whom Dhani Pay has signed up with, for providing enhanced products and/or services. Agrees to abide to all prevailing regulations and amendments applicable for OTP based e-KYC details of which are mentioned in the circular "Master Direction - Know Your Customer (KYC) Direction, which are updated from time to time"
    • e-KYC Customers can hold up to Rs.1,00,000 at any point of time for 1 year from the date of OTP e-KYC and can transact for upto for Rs.2,00,000 in a year.
    • An OTP based e-KYC shall be valid for a term of one year from the date of completion of OTP based e-KYC of the Customer. The Customer shall mandatorily need to upgrade to Full KYC category on or before completion of the said one year. In the event the Customer fails to upgrade, such customers shall be downgraded to "Pending KYC" Category with applicable transaction limits as prescribed by RBI.

The above terms are subject to the prevailing RBI Master Directions.

Dhani Pay Prepaid Account Security

  • You shall be solely responsible for the security of the Dhani Pay Prepaid Account, Dhani Pay Card and Dhani Pay Services and shall ensure that you take all necessary steps towards safekeeping and authorised use.
  • The Password should only be entered where prompted by TranServ. You shall not disclose the password to anyone verbally, or in writing, or record it elsewhere.
  • The security of the Password/PIN is very important and breach of any of the above requirements shall amount to unauthorised use of the Dhani Pay Prepaid Account, Dhani Pay Card and other Dhani Pay Services without any liability being attributable to TranServ for such breach or unauthorised use. You are responsible for maintaining the confidentiality of the Password/PIN, and are fully responsible for all activities that occur under your account, including, without limitation,
  • In the event that You have forgotten the password to Your Account, you may click on "Forgot Password?". An OTP will be triggered to your registered mobile number. You will have to verify the OTP on the registered mobile number and input your new password for verification.
  • In the event that You are not accessing Your Account or Dhani Pay Prepaid Account for any reason for a period of 30 (Thirty) consecutive days, your account shall be logged out. For any further transactions, You may login using your credentials
  • In the event that You are unable to access Your Account or Dhani Pay Prepaid Account for any reason other than forgetting Your password, you may inform Us at the Dhani Pay Services Helpdesk and make a request for blocking Your Account. We will not be liable for any unauthorised transactions made through Your Account prior to You making a request for blocking.
  • You agree to
    • immediately notify TranServ of any unauthorised use of your Password or your account or any other breach of security, and
    • ensure that you securely exit from your account at the end of each session.
  • Please do not share your Dhani Pay Prepaid Account/Card/KYC details (“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 Dhani Pay Prepaid Account, whether initiated by You or any third party
  • In accordance with the various norms, rules, regulations, laws and statutes issued by RBI, or any other regulatory body to prevent money laundering and the funding of terrorism in India, 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/junk/tagged as fraudulent, or that the security of Your Account has been compromised in any way.

Loading Dhani Pay Prepaid Account

Loading the Dhani Pay Prepaid Account shall be subject to and in compliance with various regulations as defined above

  • 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 Dhani Pay Prepaid Account.
  • Loading funds: – Based on your KYC status, Dhani Pay Prepaid Account is reloadable, and the limits applicable for every category shall be applicable at any point in time subject to the various norms, rules, regulations, laws and statutes issued by RBI, or any other regulatory body.
  • Cash withdrawal: -Cash withdrawal from Dhani Pay Prepaid Account is prohibited under the various norms, rules, regulations, laws and statutes issued by RBI, or any other regulatory body.
  • Transferability: -The various norms, rules, regulations, laws and statutes issued by RBI, or any other regulatory body prohibit transfers of Accounts and/or Dhani Pay Prepaid Accounts from a User to any third party.

Dhani Pay Prepaid Account has two components viz., Dhani Pay Cash and Dhani Pay Vouchers.

Dhani Pay Cash:
Using Credit Card / Debit Card / Net banking:

When customer adds funds using credit card, debit card, net banking or cash, Dhani Pay Cash gets funded. This amount can be used for all types of transaction based on the category of your Dhani Pay Prepaid Account. Refunds for transactions done using Dhani Pay Cash get added to Dhani Pay cash subject to prevailing transaction limits for the user.

  • In case of stored cards to load Dhani Pay Cash, card details consisting of card number, expiry date are stored in the form of tokens using a secure technology called tokenization in our PCI-DSS compliant payment vault. CVV information is never stored and customer is required to input the CVV to authorize any transaction involving the card.

The merchant name shown in your statement shall be either "Dhani Pay" or "TranServ"

Dhani Pay Prepaid Account Loading – Terms and modes of payment for authorized transactions.

  • You may avail of only those modes of payment as listed herein in these T&Cs including credit card, debit card, net banking or any other mode which list may be revised from time to time by Us, to load Your Dhani Pay Prepaid Account.
  • When You choose to load money into Your Dhani Pay Prepaid Account You will be required to provide certain details like Name on Card, Bank details, Address etc. ("Payment Details") for the purpose of making the desired transaction. If You provide such Payments Details, You agree that You do so voluntarily.
  • 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. Providing incorrect or junk Payment Details may lead to suspension/deactivation of Dhani Pay Prepaid Account /Card.
  • You represent and warrant that You are legally and fully entitled to use any debit card, credit card or bank account that You attempt to use to load funds into Your Dhani Pay Prepaid Account.
  • You represent and warrant that the bank account through which You attempt to load funds into Your Dhani Pay Prepaid Account 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.

Load through Cashpoints:

A registered customer can also add money into his Dhani Pay Prepaid Account by visiting any of the Dhani Pay cash points or partner cash points shown on the Dhani Pay app. Customer has to specify his mobile number and specify cash load into Dhani Pay Prepaid Account after visiting the cash point location. Cash load limits shall vary as per the category of the PPI holder. Maximum Cash load in a PPI cannot be more than ₹50,000 per month.

Once cash is handed over, the agent will initiate a load request for the equivalent amount and added amount will be accumulated in the customer's prepaid Account under Dhani Pay Cash balance.

Customer shall receive intimation via SMS/email for the amount loaded in the Dhani Pay Prepaid Account

Dhani Pay Vouchers:

Such vouchers may be issued in various types including but not limited to Meal Vouchers, Fuel Vouchers, Recharge Vouchers, Dhani Pay Treats wherein usage of each of the vouchers is restricted for certain Merchants and / or categories of Merchant. Such Vouchers are non-transferable, non-reloadable and carry an expiry date and should be consumed before the expiry date mentioned on each Voucher. In most cases, the refunds for transaction done using Dhani Pay Vouchers are added to the same Dhani Pay Voucher balance. Dhani Pay Voucher which is not utilised within the validity period, will get lapsed.

Different types of vouchers as below:

  • Recharge vouchers are non-transferrable vouchers that can be only used for recharges/bill payments on Dhani Pay Mobile App. These vouchers are distributed by Merchants/Corporates.
  • Meal vouchers are non-transferrable vouchers that can be used at select Merchants categorised under Food. These vouchers are distributed by Merchants/Corporates
  • Fuel vouchers are non-transferrable vouchers that can be used only at authorised fuel stations. The vouchers are distributed by Merchants/Corporates.
  • Gift/Promotional/Merchant vouchers are non-transferrable vouchers issued by Merchants/Corporates that can be used only at certain merchant locations as indicated in the voucher or online when user make a payment to the respective merchant through the Dhani Pay Prepaid Account

Additional Terms & Conditions for redemption of vouchers:
Vouchers shall be credited subject to the prevailing transaction limits for the user.

  • Additional terms & conditions
    • The Terms of use of Merchant/Corporate shall be applicable for redemption of gift and promo vouchers from the Merchant/Corporate distributing the voucher.
    • TranServ will not be liable for non-usage, replacement or re-issue of vouchers.
    • Usage of the vouchers will be subject to the validity/expiry period of the voucher.
    • TranServ may add or discontinue the voucher options from time to time.

Pay using your Dhani Pay Prepaid Account


Account to Merchant Payments

  • A Customer can choose to pay Merchants in exchange of some goods or services provided by the Merchant.
  • For the merchants with whom TranServ has a direct tie-up, the list of such Merchants will be published to Customers from time-to-time. The list of Merchants could be amended from time-to-time and TranServ does not undertake to intimate Customers for any such change to the list of Merchants.
  • For use of Dhani Pay Card affiliated with the card networks such as RuPay, Visa or MasterCard, such Dhani Pay Card will be accepted at the online or physical merchants accepting cards issued under respective card networks.
  • In the event that Customer is not satisfied with the goods or services provided by a Merchant for any reason, we recommend that the Customer report the matter to the Merchant in question. Please note that We are not responsible for the goods or services provided by the Merchants and cannot be involved in any disputes between a Merchant and Customer regarding the same.

Account to Bank Transfer

A Customer can link upto 3 beneficiaries (a bank account with the Dhani Pay Prepaid Account and subsequently transfer money into this bank account subject to applicable transfer limits and fees. Customer can transfer funds only after a cooling period of 30 mins from the date & time of registering the beneficiary.

Only e-KYC customers and Full KYC customers can transfer funds to their bank account. Bank transfers will be charged a per transaction fee as detailed in the Fee Table below. This fee may be changed from time to time.

The max transaction amount is ₹5000

  • While transacting, the fees levied shall be displayed to the customer. The deduction from the prepaid account will be the total of amount transfer to bank and fees levied.
  • The fees shall be rounded off to the lowest value.
  • In case of transaction reversal, the total deducted amount shall be refunded.

In the event of transfer to incorrect beneficiary/bank account, TranServ will not be liable to get the amount reversed.

The Customer acknowledges that TranServ may use interbank transfer mechanisms like IMPS, UPI or NEFT through the Escrow Bank. Given the inherent complexity of such mechanisms, we can neither guarantee any time taken to credit the destination bank account nor can it assure success of the transfer. TranServ shall debit the transferring user's account immediately upon initiation of transfer. Any refunds shall be done only when the Escrow Bank is certain that the funds haven't been received by the destination account and shall never be received. The Customer transferring the funds is solely liable for providing accurate information of the recipient of the funds. TranServ shall not be responsible for any errors in the account identifiers or other codes specified to identify the beneficiary’s account. Customer shall acknowledge that TranServ has no information to verify the intended recipient of the transfer and shall be indemnified by the Customer transferor of any legal or financial liability arising out of such transfer, whatsoever.

Account to Account Transfer.

Send money feature in Dhani Pay Prepaid Account is used to send money to friends, family or any individual. Similarly Request money is used to request money from friends, family or any individual. The person who receives the money or request for money should login to initiate action. If the receiver is not a Dhani Pay Prepaid Account user, they will need to download the app post receiving the notification.

Conditions for Sending / Receiving of Funds on the Dhani Pay Prepaid Account:

  • This service is available for existing Dhani Pay Prepaid Account Users only.
  • The max transaction amount is ₹. 5000
  • The sender must have available funds to be able to initiate a transfer to a recipient prepaid account
  • To avail of this facility a receiver must register for a Dhani Pay Prepaid Account to receive transfer of funds from an existing Dhani Pay Prepaid Account User. In the event of transfer to incorrect prepaid account holder, TranServ will not be liable to get the amount reversed.
  • Subject the various norms, rules, regulations, laws and statutes issued by RBI, or any other regulatory body well as at the discretion of TranServ and the Partner Bank.

Validity of Transfer

  • You agree to transfer funds from Dhani Pay Prepaid Account to the Dhani Pay Prepaid Account of no persons other than the following (“Eligible Transferee”)
    • Persons who are already Users; or
    • Persons who are not Users but who are Eligible to hold Dhani Pay Services Account or Dhani Pay Prepaid Account.
  • We rely solely on Your representation 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.
  • If the transfer is made to another Dhani Pay Prepaid Account holder, then amounts in your Dhani Pay Prepaid Account will be moved immediately from your account to the recipient’s account, as specified by you. However, if the recipient has already exhausted any of the various norms, rules, regulations, laws and statutes issued by RBI, or any other regulatory body or TranServ imposed limit then the transfer will not be executed and amounts in your Dhani Pay Prepaid Account will be retained in your account.
  • If the transfer is erroneously made to a wrong user, your only alternative will be to contact that user to whom you transferred the amount and ask them to refund the money. TranServ will not be liable to get the amount reversed to the account.
  • If the transfer is made to a non-Dhani Pay Prepaid Account holder, then amounts in your Dhani Pay Prepaid Account will be moved immediately from your account to the recipient’s account, as specified by you. However, the recipient will need to come to a TranServ platform to verify their identity before being allowed to operate their newly created Dhani Pay Prepaid Account. If the non Dhani Pay Prepaid Account holder doesn’t verify themselves within a stipulated period, those amounts will be reversed back to your Dhani Pay Prepaid Account.

Bill Payments & Prepaid Recharges

Bill Payments

Our current bill payment services include telecom, DTH bills, Electricity, Gas etc and we are continuously expanding the list of permitted bill payment categories and individual billers. The Customer can view/choose the billers from the Dhani Pay Mobile application. TranServ assumes no responsibility and shall incur no liability if it is unable to affect any payment instruction on the Payment Date owing to the following circumstances:

  • If the payment instruction issued by you is/are incomplete, inaccurate, invalid and delayed.
  • If the prepaid account has insufficient funds/limits to cover for the amount as mentioned in the payment instruction
  • If the funds available in the prepaid account are under any dispute or charge.
  • If payment is not processed by biller upon receipt.
  • Circumstances beyond the control of TranServ (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 affected for any reason, you will be intimated about the failed payment by an e-mail
Furthermore,

  • Partial payment may not be allowed
  • Excess payment may not be allowed
  • Wherever allowed, payment after due date should be paid along with late fee applicable as per the bill)
  • For bill payments, it is the responsibility of the Customer to enter the correct bill amount (even if it includes along with late fee)

Prepaid Recharges

  • The customer shall be responsible for keying in the correct details of the prepaid mobile number and amount for which prepaid mobile recharge is requested. In no case shall TranServ be held liable for any erroneous transactions incurred, arising out of or relating to the customer entering wrong details of the prepaid mobile number, operator, circle and/or amount for the prepaid mobile recharge request.
  • TranServ shall specify from time to time, the minimum and maximum transaction size for each prepaid mobile recharge request and shall be at liberty not to accept any prepaid mobile recharge request which do not meet such specifications.
  • TranServ has tied up with an aggregator for enabling prepaid mobile/ DTH recharge. TranServ does not make any representation, warranty or undertaking in respect of recharge or the service levels of Aggregator in relation to such requests.
  • Customer needs to confirm the validity or talk-time limit from respective operator before initiating the recharge.
  • Customer is solely responsible for the selection of mobile operator and the recharge amount. TranServ shall not be responsible for talk-time given against recharge done as this is purely at mobile operator's disposal
  • The customer’s prepaid account will be debited for the total amount for prepaid mobile recharge as applicable

Social Gifting

Dhani Pay Services provides a social Gifting feature whereby customers can gift a particular coupon or vouchers available on the Dhani Pay Prepaid Account within their social circle. Customers are advised to understand the details of the redemption of each such coupon before purchasing and gifting the same. It is to be understood that TranServ is not the ultimate seller/merchant of the goods/services that can be redeemed against the coupon. TranServ is only an issuer of Coupon services and is not a warrantor or guarantor of the services to be provided. Coupons issued by us to you are sold without recourse against us for any breach of contract by such outlets and Merchants. Any disputes regarding the quality, minutes provided, cost, expiration, or other terms of the Gift purchased must be handled directly between the Customer of the Gift and such outlet or Merchant.

Pay using your DHANI PAY Vouchers

The Vouchers shall expire on the expiry date. We will inform You via Your Registered Email ID and/or Registered Phone Number 30 (thirty) days prior to Expiry of Your Dhani Pay Prepaid Account. After the said period, the Employees of the Corporate will not have any access to them. Vouchers are non-transferable in any circumstances.

Dhani Pay Card

To operate an Dhani Pay Card, the customer has to belong to the Full KYC category . Only such customers shall be allowed to link Dhani Pay Card to their Dhani Pay Prepaid Account. Dhani Pay Cards are available in both physical and digital form.

Order Dhani Pay Card:
Customer can order a physical card by placing the order from Order Card section on Dhani Pay Mobile Application. The customer shall submit complete and correct details for delivery of physical Dhani Pay Card. Upon submission of order, cost of Dhani Pay Card shall be debited from the Dhani Pay Prepaid Account balance. In case of non-serviceable location, the amount paid for card shall be refunded back into the Dhani Pay Prepaid Account.
Digital (Virtual) Dhani Pay Card can be activated through the Dhani Pay Mobile Application.

Dhani Pay Card Security:

Digital card assigned to a customer which can be used for online transaction, is stored in a secure tokenized form and the card details are available only on entering the Dhani Pay password or PIN created by the customer.

Physical card sent to the customer has to be activated through ‘Activate Card’ section of Dhani Pay Mobile Application or website. Customer shall create 4-digit PIN to enable offline transactions

A customer can have only ONE active Dhani Pay Card linked to their Dhani Pay Prepaid Account. In case of misplace or loss of Dhani Pay Card, the customer shall contact the Customer Care team and block the card/prepaid account for future transactions.

The customer can ‘Turn On’ and ‘Turn Off’ transactions conducted using Dhani Pay Card. The customer can transact using the Dhani Pay Card only if the button is Turned On.

Dhani Pay Card Transaction
Dhani Pay Card can be used for transacting at any RuPay/Visa/MasterCard enabled online/offline merchants. All transactions conducted using Dhani Pay Card are completed after additional factor authentication done either by entering PIN or OTP. Upon successful transaction, the equivalent amount gets debited from the Dhani Pay Prepaid Account of the customer.
Currently, Dhani Pay Cards cannot be used for cash withdrawals.

Dhani Pay Card Limits
The Customer can transact upto the amount available in the Dhani Pay Prepaid Account, subject to the KYC regulations governing the Dhani Pay Prepaid Account.
Dhani Pay Card assigned to the customer has pre-defined limits pertaining to (i) Per transaction amount, (ii) total count (daily) and (iii) total amount (daily). These limits can be reset by customers. Customer can increase these limits only after additional verification (OTP). The limits thus set, cannot be breached during any transaction.

Fees & Charges with effect from April 2019

Service Fee
ACCOUNT CREATION NIL
Full KYC UPGRADATION ₹. 299*
ACCOUNT UPGRADATION WITH Dhani Pay Card ₹. 399 + Applicable GST
Dhani Pay Card
JOINING FEE ₹. 99 + Applicable GST
ANNUAL FEE^ (2nd YEAR ONWARDS) ₹. 50*
CARD REPLACEMENTS ₹. 99 + Applicable GST
FUEL SURCHARGE 1% or ₹ 10 whichever is higher or as per the prevailing guidelines
LOADING CREDITS TO THE PREPAID ACCOUNT Convenience Fee of 1%* of loading amount, subject to a minimum of Rs.10/- and maximum of Rs.99/-(applicable w.e.f. 19th Sep 2018) Waived for loading through Debit Cards
ACCOUNT TO ACCOUNT TRANSFER NIL
ACCOUNT TO BANK TRANSFER 2.75% or ₹. 10* (whichever is higher)(applicable w.e.f. 3rd Oct 2018) Please check the applicable fee before submitting request to transfer funds.
SOCIAL GIFTING GIFT VOUCHERS NIL
PREPAID RECHARGES NIL
UTILITY BILL PAYMENTS NIL
ACCOUNT MANAGEMENT FEES# Rs. 100* per annum, levied on quarterly basis

*Fees mentioned above are Inclusive of applicable GST/applicable Government Taxes unless specifically mentioned otherwise

The Fees and Charges are subject to change at the sole discretion of TranServ. TranServ reserves the right to set off balance in your prepaid Account against any outstanding demand. In case of non-availability of sufficient amount, TranServ reserves the right to debit available amount and close the Dhani Pay Prepaid Account and any associated Cards.
Details of applicable fees and charges will be updated in the Fees Table updated on the website as well as app from time to time.

# Account Management Fee:

  • Waived off for the period of first three months from the date of registration of prepaid instrument.
  • Shall be applicable from 2nd quarter onwards.

^ Annual Fee:

  • Shall be applicable on either a Digital card or a physical card.
  • Waived off for one year from the date of activation of Dhani Pay Card and levied from 2nd year onwards.

Refunds and Chargebacks

  • If We receive a request from a User for refund or cancellation of payment, we will forward the request to the Merchant. When the Merchant receives a forwarded request for refund or cancellation, the Merchant will determine whether a refund or cancellation request must be processed. If the said request must be processed, in accordance with these terms and conditions. Whenever a refund is agreed to be made by the Merchant to a Customer, the same shall be credited within 15 working days
  • 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 Dhani Pay Prepaid Account.
  • 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 Partner Bank, banks and Merchants, on whom We rely while processing Your refund request

Termination of Dhani Pay Prepaid Account

  • We reserve the right to modify, terminate or suspend Services to You at any time without prior notice due to any changes in internal policy or due to RBI Regulations or other applicable laws.
  • You may initiate an unsubscribe request by uninstalling the app and writing to ping@dhanipay.in. Customer has to self-initiate transfer of any unused balances to his account. Any unused balance will continue to exist till date of expiry of the same.
  • You may initiate an unsubscribe request by uninstalling the app and writing to ping@dhanipay.in. Customer has to self-initiate transfer of any unused balances to his account. Any unused balance will continue to exist till date of expiry of the same.
  • You will remain responsible for all transactions that occurred prior to termination of Your Account.

Expiry of Dhani Pay Prepaid Account

  • Your Dhani Pay Prepaid Account shall have a minimum validity of Three years and shall continue to be valid until Your Dhani Pay Prepaid Account turns inactive
  • After the minimum validity period, those Dhani Pay Prepaid Accounts which remain Inactive shall get expired. Dhani Pay Prepaid Accounts with no customer-initiated transaction for a period of One year are termed as “Inactive Wallets”
  • We will inform You via Your Registered Email ID / Registered Phone Number / In-App Notifications, 45 (Forty-five) days prior to Expiry of Your Dhani Pay Prepaid Account.
  • Please note that on the date of Expiry, Your account will be blocked and You will not be able to perform any transaction using your Dhani Pay Prepaid Account.
  • In case Your expired Dhani Pay Prepaid Account had any balance, the same can be claimed as refund within 3 (Three) years of expiry of Your Dhani Pay Prepaid Account. To claim refund, write to ping@dhanipay.in and follow the applicable process.  
  • Any balance unclaimed after 3 (Three) years from the date of expiry shall lapse. 
  • The above T&C’s are in compliance of the various norms, rules, regulations, laws and statutes issued by RBI, or any other regulatory body.

Service Requests

PIN Change:

  • Customer can update PIN or Dhani Pay password from the app. An OTP will be triggered to verify the update. New PIN/Password can be set by adding the OTP along with the new PIN/Password

Mobile Number change:

  • Customer mobile number is not changeable due to security reasons. User can however register with a new mobile number and transfer cash balances from his prepaid Account to new mobile number after conducting due validation

Address change:

  • Customer can update the address from the Profile section on the app OR Customer can write to ping@dhanipay.in with registered mobile number to follow the process.

Active/Inactive Account:

  • In the event of no customer-initiated debit or credit for a period of 6 consecutive months (180 days) the Customer account shall be made “Inactive”. Such accounts may be reactivated after proper conducting validation /due-diligence. TranServ, at its sole discretion reserves the right to activate the Customer account.

Co-branded Prepaid Instruments:

You hereby acknowledge and agree that TranServ can tie-up with a third party company for the purpose of offering a co-branded prepaid instrument basis the customer’s membership for the Dhani Pay Prepaid Account. In such cases, you can operate balances in Dhani Pay Prepaid Account through environment (Mobile app / Website) of other such partners. You also allow TranServ to share certain details including KYC, balance information for facilitating operations of such co-branded prepaid instruments.
In such cases, the terms and conditions of the third party shall also become abiding for the customers.

Negative Balances

  • Negative balances in the prepaid Account may occur in cases wherein surcharges or fees or any such debits may be effected as per the terms of the respective merchant / service provider and which TranServ is bound to honour. In such cases, TranServ reserves the right to adjust any negative balance against subsequent account loads.

Inactivity Charges

Inactivity is defined as No customer-initiated debit or credit transaction in the Dhani Pay Prepaid Account. Customer is liable to pay inactivity fees, in the event of no customer-initiated debit or credit for a period of 3(Three) consecutive months (180 days) or as communicated from time to time. TranServ reserves the right to recover the inactivity fee from the Dhani Pay Prepaid Account Balances without having to obtain any additional authorisation of the customer. In case of insufficient balances to recover the inactivity fee, TranServ reserves the right to recover all the amount available in the Dhani Pay Prepaid Account. TranServ further reserves the right to terminate the Dhani Pay Prepaid Account account on its sole discretion

Transaction Statement:

  • Customer can view and download the statement from the Mobile App.
  • The statement consists of all transactions
  • All transactions up to 6 months from current date are available for the customer to download from the app.
  • For details of transactions done prior to 6 months, customer can write to ping@dhanipay.in with registered mobile number and details of transaction required.

Use of website and mobile app

You understand that except for information, the products or services clearly indicated as being provided by TranServ, we do not operate, control, or endorse any information, products or services in anyway. You also understand that TranServ cannot and does not guarantee or warrant that files available for downloading through our website/ mobile app or any other form 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.

Customer Protection

Customers are advised to exercise caution and care while handling information related to Dhani Pay Prepaid Account / Card including but not limited to passwords / PINs. In case of any suspected compromise of data / information, customers are advised to contact Dhani Pay customer service and report the instance immediately. The customer shall be liable for the loss occurring due to negligence by a customer including cases wherein the customer has shared the Dhani Pay Prepaid Account / Card credentials to a third party, the customer will bear the entire loss until the complaint for the same is lodged with the Dhani Pay Customer Service team. Any further loss occurring after the reporting of the unauthorised transaction shall be borne by TranServ.

Customer’s Obligations & Covenants


The Customer, by conveying their acceptance to these Terms & Conditions, acknowledges and agrees that:

  • Dhani Pay Prepaid Account account is linked to your registered mobile number. TranServ will not be held liable for unauthorized use of Dhani Pay Prepaid Account on account of loss/theft/misplacement of mobile number and/or sim card, unless you have informed Dhani Pay Prepaid Account customer care about such loss/theft/misplacement and have blocked prepaid Account temporarily till you reactivate the same using a new sim card with same mobile number.
  • As the account id is connected to your mobile number, it is your responsibility to inform TranServ in case you discontinue using the mobile number that corresponds to your account id. The account id corresponding to the mobile number you register with can be accessed by you only till the time you have access to the corresponding mobile number. It is your responsibility to transfer your account id to a new mobile number if and when you change your number. Not doing so may give access to your Dhani Pay Prepaid Account credit balance to the new user of the same mobile number, and TranServ will not be liable or responsible for the same. In case of loss of your mobile phone and/or Dhani Pay Prepaid Account password/pin, you should intimate TranServ immediately. TranServ shall make every attempt to block access to your Dhani Pay Prepaid Account account under such circumstances; however, TranServ shall not be liable for any losses a user may incur due to the above. The responsibility to safeguard the Dhani Pay Prepaid Account account balance rests entirely with you.
  • The Customer will be liable for all Transactions and for the related charges.
  • The Customer accepts that at their request and risk that TranServ has agreed to provide the Dhani Pay Services to them and the Customer accepts full responsibility for all Transactions recorded by the use of their Dhani Pay Prepaid Account.
  • An instruction given by means of the Dhani Pay Prepaid Account shall be irrevocable.
  • The Customer shall, in all circumstances, accept full responsibility for the use of their Dhani Pay Prepaid Account, whether or not processed with his knowledge or his authority, expressed or implied.
  • The Customer irrevocably authorizes TranServ to debit the amounts utilized by using the Dhani Pay Prepaid Account for Transactions.
  • The Customer agrees to receive all commercial messages including transactional messages from TranServ
  • The Customer should hold TranServ indemnified and harmless for its actions in good faith and in the normal course of business based on the Transactions.
  • TranServ will employ its best efforts in carrying out the Transactions but will not incur any liability to the Customer, the Merchant or any other person for any reason whatsoever, including for its delay or inability to carry out a Transaction or an instruction.
  • Amounts due and payable by the Customer, if not paid separately, shall be recovered by TranServ.
  • TranServ may at its sole discretion withdraw or suspend the Dhani Pay Prepaid Account or any Dhani Pay Services, or amend any of their features without notice to the Customer.
  • TranServ shall have discretion for not to allow the Customer to carry out a Transaction where it has any reason to believe that the use of the Dhani Pay Prepaid Account is not authorized or the Transaction appears to not be genuine or unclear or raises such doubts. TranServ, at its sole discretion, reserves the right to either temporarily or permanently withdraw the privileges of the Dhani Pay Services, or the Dhani Pay Prepaid Account, and/or cancel the Dhani Pay Services, or the Dhani Pay Prepaid Account, at any time without giving any notice or assigning any reason thereof, to any Customer. In case of temporary withdrawal, the privileges may be reinstated by TranServ as deemed fit. However, it is made distinctly clear the withdrawal (temporarily or permanently) shall constitute automatic withdrawal of all attendant benefits, privileges and services attached to the Dhani Pay Services, or the Dhani Pay Prepaid Account, as the case may be. However, the Customer shall continue to be fully liable for all the charges incurred for usage of the Dhani Pay Services, or the Dhani Pay Prepaid Account, as the case may be, prior to such withdrawal together with all other applicable charges thereon, unless other specified by TranServ.
  • By accepting these Terms & Conditions, you authorize us to settle funds on your behalf. Your authorization will remain in full force and effect until your Dhani Pay Prepaid Account is closed or terminated.

Representations & Warranties

Customer represent and warrant to us that:

  • You are at least 18 (eighteen) years of age;
  • You are eligible to register and use the Dhani Pay Services and have the right, power, and ability to accept and perform your obligations under these Terms & Conditions;
  • Your obligations hereunder constitute legal, valid, binding and enforceable obligations;
  • the acceptance of these Terms & Conditions do not breach any law, provisions of any contract or order of court applicable to you and do not require any applicable governmental approval;
  • You will not use the Dhani Pay Services, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the delivery of the Dhani Pay Services; and
  • Your use of the Dhani Pay Services will be in compliance with these Terms & Conditions.
  • You have the requisite power and authority to execute, deliver and perform these T&Cs and that these T&Cs have been duly and validly authorized, executed and delivered by you;
  • You will not be indecent, obscene in his communications with Us or other Users;
  • You 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;
  • You 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;
  • You 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. You will not create liability for Us or cause Us to lose (in whole or in part) goodwill or business; and
  • Your 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.
  • In order to register, create and use the Dhani Pay Services, TranServ may require that you submit certain information ("Personal Information"), including but not limited to your name, address, mobile phone number, e-mail address, date of birth, and KYC details like permanent account number (PAN). You agree that the Personal Information you provide upon registration and at all other times will be true, accurate, current and complete. You also agree to update the address in case of any change in address.
  • During the registration process, or when you access the Dhani Pay Services from a mobile phone, your mobile phone’s device ID may be stored.
  • You agree to maintain and update this Personal Information in case of any changes or inconsistencies. We rely completely on your representation that you are eligible and will bear no responsibility if you or anyone who uses your account or Dhani Pay Prepaid Account is found to not be eligible.
  • You agree and give your consent to TranServ to obtain Personal Information and Sensitive Personal Information (as detailed in the Privacy Policy).

Nonworking Days

  • We are reliant on third parties such as banks to deliver timely Services. Since We cannot control the actions of such third parties, we will not be responsible to render Services or process payments or refunds on the following days ("Nonworking Days"):
  • Days which are declared as holidays by the RBI, or any other day which is declared a holiday by the RBI on its official website and Dhani Pay Prepaid Account;
  • Days including Saturdays and Sundays and declared as bandhs or festivals in Mumbai, any State or Union Territory in India.; and
  • Days on which a "Force Majeure" event occurs, as defined under the terms and conditions

Indemnity

Customer hereby undertakes and agrees to indemnify, defend and hold harmless TranServ including their officers, directors and agents from and against all actions, proceedings, claims (including third party claims), liabilities (including statutory liability), penalties, demands and costs (including without limitation, legal costs), awards, damages, losses and/or expenses however arising directly or indirectly, including but not limited to, as a result of:
breach or non-performance by the Merchant of any of its undertakings, warranties, covenants, declarations or obligations under this Agreement;

  • breach of confidentiality and intellectual property rights obligations by the Customer;
  • any claim or proceeding brought by the Customer or any third party against TranServ in respect of any Products or Services offered by the Merchant;
  • any act, deed, negligence, omission, misrepresentation, default, misconduct, non-performance or fraud by the Merchant, its employees, contractors, agents, Customers or any third party;
  • Chargebacks or refunds relating to the Transactions contemplated under these T&Cs;
  • breach of law, rules regulations, legal requirements (including RBI regulations, Card Association Rules, Acquiring Bank rules) in force in India and/or in any place from where the Customers is making the Transaction and/or where the Product is or to be Delivered and/or where the respective Issuing Institution is incorporated/registered/established; or
  • any fines, penalties or interest imposed directly or indirectly on TranServ on account of Customer’s or Transactions conducted through them under these Terms and Conditions.
  • The indemnities under this Clause are in addition to and without prejudice to the indemnities given elsewhere in this Agreement. The indemnities provided herein shall survive the termination of these T&Cs.

Governing Law & Jurisdiction

These Terms & Conditions and/or the Transactions shall be governed by Indian law and all courts in Mumbai shall have the exclusive jurisdiction as regards any claims or matters arising out of the use of the Dhani Pay Services, including the Dhani Pay Prepaid Account.

Marketing and Promotional Offers

  • You accept that TranServ may send alerts or information regarding what TranServ perceives to be of your interest. These could be in the form of SMS, e-mail, message or calls on your mobile number or e-mail Id, provided by the customer while registering for the service or to any such number replaced and informed by the customer. This message may include offers, discounts and general information.
  • In case a customer wishes to opt out of marketing and promotional messages you will need to provide such an instruction by sending an email to ping@dhanipay.in specifically with subject “Opt Out”.

Communication/Notification/Alerts

  • You understand and agree that you are solely responsible for receiving notices or any other information in relation to the Dhani Pay Services including at the email address that has been provided by you, and that TranServ is not in any manner responsible for any delay or failure in this regard. By consenting, you agree that electronic notices and information have the same meaning and effect as if we provided you with paper notices or information. When TranServ sends you an e-mail or other electronic notification alerting you that such notices or information are available electronically, that shall have the same meaning and effect as if we provided you with a paper notification to such effect, whether or not you choose to view such notices or information electronically. You hereby agree to keep updated all the contact details provided to TranServ while registration.
  • You agree to receive Mobile App notifications, sms, authorising TranServ & its representatives to send SMS, to call or email you with reference to your registered account and services offered hereunder. This consent will override any registration for DND/DNC/NDNC.
  • You acknowledge 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. You also agree that the mobile app notification will be managed by as per your choice on your phone. The customer cannot hold TranServ liable for non-availability of the service in any manner whatsoever.
  • You acknowledge that the SMS service provided by TranServ 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, TranServ shall be immediately informed about the same by the customer and TranServ will make best possible efforts to rectify the error as early as possible. The customer shall not hold TranServ 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. TranServ shall not be responsible for any non-delivery, delayed delivery or distortion of the alert in any way whatsoever.

By accepting the terms and conditions the customer acknowledges and agrees that TranServ may call the mobile phone number or contact you on your e-mail id, 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

Risk Management:

TranServ reserves the right to apply restrictions in order to prevent/reduce/tackle fraudulent transactions including but not limited to the right to decline request or registration, reversing prepaid Account loads/transaction, refunding funds to source account, keeping settlements on hold etc. TranServ shall also apply velocity parameters including but not limited to transaction limit, time limit between 2 transactions etc. TranServ reserves the right to request You to provide additional information/document to verify the identity of the person or transaction.

Prohibited Transactions:

You agree that you will not use the Dhani Pay Prepaid Account to process a Payment Transaction or otherwise transfer money, that is unrelated to a purchase of a Product. You will not use the Dhani Pay Prepaid Account or Dhani Pay Card to process Payment Transactions in connection with the sale or exchange of any illegal goods or services or any other underlying illegal transaction or any transaction in connection with the sale or purchase of goods or services, or other remittances that are prohibited under the (Indian) Foreign Exchange Management Act, 1999 and the regulations made there under, as may be amended from time to time.

You also agree that you will not use the Dhani Pay Prepaid Account or Dhani Pay Card for purchase of the following:

  1. Firearms
  2. Alcohol
  3. Explosives
  4. Pornography materials and services of any kind whatsoever
  5. Live animals
  6. Banned / illegal drugs or other controlled substances
  7. Fireworks or pyrotechnic devices or supplies
  8. Hazardous materials, combustibles, corrosives
  9. Web site access and / or web site memberships of pornography or illegal sites.
  10. Gambling transactions.
  11. Multi-level marketing or Pyramid schemes. The detailed list is available on http://shmart.in/contraband.html

Failure to comply with these limitations may result in suspension or termination of your use of the Service

Miscellaneous Disclaimers

  • We are not involved in any underlying transaction between You, any other User, Merchant, Partner Bank, Card Issuer bank or other third party. We are not a bank and do not offer banking services.
  • We may use the services of one or more third parties to provide the Service and process Your transactions. We are not a selling agent in connection with any sale to You of goods or services by any person. We have no control over the quality, fitness, safety, reliability, legality, or any other aspect of any good or service that you may purchase using the Dhani Pay Service or any third party website that You may use to access the Service.
  • Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis. We disclaim all warranties of any kind whether express or implied including without limitation, any representation or warranty for accuracy, continuity, uninterrupted access, timeliness, sequence, quality, performance, merchantability, fitness for any particular purpose, non-infringement or completeness. Specifically, we disclaim any and all warranties including, but not limited to any warranties concerning the availability, accuracy, usefulness, correctness or completeness of information, and any warranties of title, warranty of non-infringement, freedom from computer virus, warranties of merchantability or fitness for a particular purpose, other than those warranties which are incapable of exclusion, restriction or modification under applicable laws.
  • You hereby authorise us to hold, receive and disburse funds in Your Dhani Pay Prepaid Account in accordance with any payment or receipt instructions We receive from You. Among other things, Your authorisation permits Us to debit or credit the bank account associated with Your Payment Details. Your authorisation will remain in effect as long as You maintain an Account with Us. You may view the transaction history associated with Your Dhani Pay Prepaid Account through your account. If You wish to request a refund or chargeback on any past transaction which has occurred through Your Dhani Pay Prepaid Account, You may do so in accordance with the provisions provided herein below in these T&Cs
  • You hereby authorise TranServ to use the customer data for the purpose not limited to analyse the customer behaviour on mobile application, website etc. to build product features or marketing offers.
  • TranServ may share some or all information provided by you with the Partner Bank, Payment Service Providers, card associations, regulators, government agencies or any other third parties as may be necessary for the efficient provision of Dhani Pay Services by TranServ to the Customer. You hereby authorise TranServ to provide such information to such third parties. TranServ may, irrespective whether required under law or otherwise, seek additional information or documents from you on behalf of itself, Partner Bank or the Payment Service Providers for verifying any information provided during the registration.
  • We do not warrant or make any representations regarding the use or the results of the Service in terms of its compatibility, correctness, accuracy, reliability or otherwise. You assume total responsibility and risk for Your access and use of the Service. Any material downloaded or otherwise obtained through the use of the Service is done at Your own discretion and risk and that You will be solely responsible for any damage to Your operating system or loss of data that results from the download of any such material.
  • The execution and delivery of these T&Cs and the consummation of the Transactions contemplated herein do not breach its organizational documents or any law, provisions of any contract or order of court applicable to it and do not require any applicable governmental approval; and
  • The usage of the Dhani Pay Services, including the Dhani Pay Prepaid Account, is non-transferable by you and TranServ does not assume any liability for any Transaction authorised by any other person than the Account Holder. TranServ will not be liable for any loss, damage or other liability arising from your failure to comply with this clause or from any unauthorised access to or use of the Dhani Pay Services
  • No advice or information, whether oral or written, obtained by You from Us or through or from the Service will create any warranty not expressly stated in these T&Cs.
  • Although We adopt security measures that We consider appropriate for the offer of this Service, We do not assure or guarantee that no person will overcome or subvert the security measures and gain unauthorized access to the Service or any Accounts. We will not be liable if any unauthorized person hacks into or gains access to the Service or to Your Account and You will be liable and responsible for the same.
  • We will take every reasonable effort not to share any of the Payment Details, Registration Data or other personal information (collectively, "Personal Information") You provide Us, except as required under RBI Regulations and other applicable laws, or to the limited extent necessary for us to implement any payment instructions We receive from You. We will bear no liability for the consequences in any event where Your Personal Information has been willingly or inadvertently shared by You with any third party.

Amendment

We may amend this Agreement at any time by posting a revised version on our website. The revised version will be effective at the time we post it.

Grievance Redressal

The Customer grievance would be handled as per the Customer Grievance Redressal Mechanism placed on the website and app which may be updated from time to time. The Customer can follow the redressal mechanism to lodge complaint if they are not satisfied with the services rendered by TranServ. The complaint can be sent to ping@dhanipay.in

TERMS AND CONDITIONS FOR APP PE INSTANT LOAN

  1. The “App pe instant loan” refers to a loan product offered to select set of Dhani Pay Prepaid Account holders (“Customers”) in non-exclusive association with Indiabulls Consumer Finance Limited (‘ICFL’)
  2. The “App pe instant loan” offer is available to Customers with effect from 03/03/2019. Any participation of this offer is purely voluntary and is non-transferrable to any other person. TranServ reserves the right to modify, discontinue or re-initiate “App pe instant loan” offer to its Customers at its sole discretion without giving any prior intimation.
  3. The selection of Customers for the purpose of the said loan product is as per the sole discretion of ICFL and/or TranServ.
  4. The Customer agrees that applying for a loan product does not guarantee approval and disbursement of the loan. Approval and Disbursement of the loan is subject to the sole discretion of ICFL and applicable Terms of Use of the Customer’s Dhani Pay Prepaid Account.
  5. TranServ merely acts as a marketing partner for distribution of loan product products of ICFL. TranServ is providing a referral service to ICFL in this context. TranServ further provides a technology platform for facilitating application, collection and information dissemination related to such products. TranServ will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of the ICFL or for any personal injuries, death, property damage, or other damages or losses or expenses resulting from the Customer’s interactions with ICFL.
  6. Customer understands and agrees that by applying for the loan product, he/she authorises TranServ to share his/her Personal Information (name, address, mobile phone number, e-mail address, KYC details, date of birth and any such information available with TranServ) with the respective ICFL for the purpose of evaluating the application for loan product and/or operating the loan product during its tenor.
  7. In the event the Customer has availed a loan product from ICFL,
    1. Such a loan product will be governed by the terms of usage of ICFL.Click here for details.
    2. ICFL is further permitted to contact the Customer directly for any matters related to the loan product availed by the Customer.
    3. The Customer hereby agrees and gives explicit assurance to repay the loan product as per the terms of use of the ICFL (click here for details) and as agreed by the Customer while applying for the loan product. TranServ will not be in any way responsible for any disputes or claims arising out of the Customer’s non-repayment of the loan product whatsoever.
    4. Customer agrees that all fees and charges associated with the loan product are levied at the sole discretion of ICFL and collected by ICFL directly by ICFL.
  8. For any grievance and dispute related to the loan product, TranServ will provide an interface for capturing information regarding such cases. TranServ may further facilitate resolution of such cases by liaising with the representatives of ICFL. Customers acknowledge that TranServ is merely a facilitator and will not be responsible for providing resolution to Customers.
  9. Customer acknowledges that
    1. TranServ is not engaged in either grant of loan product or any type of credit facility nor does it guarantee any loan on behalf of ICFL.
    2. Customer interaction with ICFL accessed through any interface provided by TranServ is at Customer’s own risk, and the application and use of such a loan product is purely voluntary.
    3. The grant of loan product by ICFL is subject to Customer fulfilling the eligibility criteria as ICFL may deem fit.
    4. TranServ will not be responsible for any decisions made by ICFL with respect to the application, disbursement, collection or any other aspects related to the loan product availed by the Customer. TranServ in no manner warrants or guarantees performance of ICFL that is providing loan product/financial products using TranServ’s distribution and technology services.
    5. TranServ shall not be held liable for any delay, rejection or approval of any loan application made by the Customer using TranServ’s interface.
    6. Display of loan or other financial products offered by ICFL, does not in any way imply, suggest, or constitute any sponsorship, recommendation, opinion, advice or approval of TranServ for ICFL or their products.
    7. TranServ is in no manner responsible for any claims, losses or damages by the Customer related to loan product offered by the ICFL.
  10. TranServ reserves the right at any time, at our sole discretion, to change or otherwise modify the Terms of this offer without prior notice to Customer and continued use of this offer signifies Customer’s acceptance of the updated or modified Terms.
  11. Any disputes arising out of this offer shall be subject to the exclusive jurisdiction of competent courts in the city of Mumbai (India) irrespective of whether Courts in other areas have concurrent jurisdiction.

TERMS AND CONDITIONS FOR MARKETING OFFER APPLICABLE FOR CUSTOMERS OF APP PE INSTANT LOAN

  • The below mentioned Terms and Conditions are meant to describe the promotional benefits (“Marketing Offer”) offered by TranServ to its customers who have subscribed to “App pe Instant Loans”.
  • By availing “App pe Instant Loans” during the Offer Period, you are agreeing to the Terms & Conditions mentioned hereunder. Any participation in this Marketing Offer is purely voluntary.
  • The Marketing Offer will be applicable for a Customer (‘User’) holding a valid and active Udio Wallet account and availing of “App pe Instant Loans” during the Offer Period.
  • Udio Wallet refers to semi-closed loop prepaid payment instrument issued by TranServ Private Limited and operated as per the prevailing guidelines issued by the Reserve Bank of India.
  • This Offer would be applicable only to Users using the latest version 2.2.0 or above of Udio Wallet Mobile App available on the Google Play Store. User is advised to visit goo.gl/rOUuKV to check the version and update in case you are not using the latest version. Offer is also available on the latest version 1.5 or above of the Udio Mobile app on iOS.
  • Users need to fill in their details and apply for loan from the Udio Mobile Application. Upon sanction from the lending partner (ICFL), the users will be notified of the next steps to complete the loan process. Users who are approved for personal loan, at the sole discretion of ICFL, shall receive disbursement of the loan. Users to whom loans are disbursed (Eligible Users) shall be eligible for the Marketing Offer. Incomplete Application/Failed/Cancelled loan customers shall not be eligible for the Offer
  • Eligible Users will be notified via email within 72 hours after disbursement of loan. The details of benefits of Marketing Offer are as follows:
    1. Two Free Movie Tickets:
      • Eligible users will receive Two movie tickets upto an amount of Rs. 250 per tickets (inclusive of all applicable taxes, levies, convenience fees).
      • Tickets can be booked for all shows on Monday to Thursday at 450+ cinema halls across the country
      • Eligible Users will be provided with a unique one time use code (“Voucher Code”) via email which can be redeemed for two valid movie tickets.
      • Eligible Users acknowledge and accept that TranServ has entered into an arrangement with Four Minute Mile (Movie Partner) who is fully and solely responsible for ensuring operations of the Voucher Code.
      • In case of any complaints or shortcomings with operations of the Voucher Code, TranServ will facilitate resolution by acting as the representative of the Eligible User. However, the Movie Partner will be fully and solely responsible to address such complaints.
      • For redemption of Voucher Codes, Eligible Users shall visit website http://theofferclub.com/udio/
      • The Voucher Codes would need to be activated before use. Presentation of this voucher directly at the box office will not be valid
      • The movie will need to be booked at least 2 days prior to reservation.
      • The tickets will be sent to the customer on their registered mobile number / email within 24-48 hours of redemption.
      • Redemption is not valid for Special Shows and Special screening if any
      • Once the Voucher Codes has been activated and booking is made, no bookings will be changed, cancelled and no refund will be entertained in any manner whatsoever.
      • The Movie Partner cannot be held responsible for any show being cancelled by theatre authorities for whatsoever reason. No refunds or another booking will be entertained in case this happens
      • The Movie Partner is not responsible for the quality of seats, service discrepancies at the theatre.
      • Tickets will be subject to availability without seat preference.
      • Tickets cannot be encased or exchanged for cash. The Voucher Code entitles the Customer only to a movie ticket at the theatre and no food or beverage will be provided at the theatre.
    2. Rs. 250 worth Udio Treats.
      • Eligible Users will receive “Udio Treats” worth Rs. 250 credited in their respective Udio Wallets.
      • Such Udio treats will be valid for a period of 30 (Thirty) days from the date of credit.
      • Udio Treats are governed by terms of usage as available on www.udio.in/terms and conditions
      • Udio Treats can be redeemed for online and offline merchant payments (using Udio Card), bill payments, prepaid recharge, purchase of branded vouchers any such facilities offered to Udio Wallet customers.
      • Udio treats are non-transferable and cannot be sent to another customer or transferred to a bank account. It also cannot be redeemed for cash.
  • This Marketing offer is valid for all loan disbursements done during 3rd March 2019 to 31st March 2019, 23:59:59 hrs. (“Offer Period”). TranServ reserves the right to change the offer-period and/or terms of offer without any prior notice.
  • This Marketing Offer cannot be combined with any other Offers.
  • TranServ shall not be responsible for, or liable for, any actions, claims, demands, losses, damage, costs, charges and expenses that a User may suffer, sustain or incur due to this Marketing Offer.
  • An individual is permitted to set-up and use only one Udio Wallet. Any attempt to set-up and / or use multiple Udio Wallets by a single individual will be treated as a violation of the Terms and Conditions and TranServ will have full right to initiate an action, including but not limited to block such a Udio Wallet and/or deny cashbacks or any promotional activities or any such corrective measures.
  • In the event of any individual/customer trying to use unauthorized data or fraudulent means or lost/stolen card data or indulging in identity theft or any other unscrupulous means for logging in to Udio Wallet, loading funds/utilising funds, TranServ will have full rights to block that particular Udio Wallet account.
  • TranServ is not responsible for any dispute arising between Movie Partner and the Customer. TranServ shall not in any way responsible for any deficiency in services provided by the Movie Partner.
  • In addition to the above, the regular terms and conditions of the Udio Wallet shall also be applicable unless otherwise stated above. Please visit offers.udio.in
  • TranServ’s decision of computation, cancellation, forfeiture, credit, debit and blocking of accounts shall be final, conclusive and binding on the customer
  • Any disputes arising out of this Offer shall be subject to the exclusive jurisdiction of competent courts in the city of Mumbai (India) irrespective of whether Courts in other areas have concurrent jurisdiction.

Terms & Condition for Dhani Pay - Invest in Gold

  • The “Dhani Pay Invest” refers to product offerings such as Gold product offered to select set of Dhani Pay Prepaid Account customers (“Customers”) in non-exclusive association with Digital Gold India Pvt Limited (operating under the brand ‘SafeGold’) and any such institutions (“Investment Partner”) that TranServ may tie up from time to time.
  • The Dhani Pay Invest offer is available to Customers with effect from 05/08/2018. Any participation of this offer is purely voluntary and is non-transferrable to any other person. TranServ reserves the right to modify, discontinue or re-initiate Dhani Pay Invest offer to its Customers at its sole discretion without giving any prior intimation.
  • The selection of Customers for the purpose of the said Gold product is as per the sole discretion of the respective Investment Partner and/or TranServ.
  • TranServ merely acts as a marketing partner for distribution of products of the respective Investment Partner. TranServ further provides a technology platform for facilitating application, disbursement, collection and information dissemination related to such products. TranServ will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of the Investment Partner or for any personal injuries, death, property damage, or other damages or losses or expenses resulting from the Customer’s interactions with the Investment Partners.
  • Customer understands and agrees that by registering for the gold product, he/she authorises TranServ to share his/her Personal Information (name, address, mobile phone number, e-mail address, KYC details, date of birth and any such information available with TranServ) with the respective Investment Partner.
  • In the event the Customer has availed a gold product from the Investment Partner, Such a gold product will be governed by the terms of usage of the respective Investment Partner Click here.
  • Customer acknowledges that the amount collected by TranServ is solely on behalf of the Investment Partner and TranServ shall transfer such amount collected from the Customer to the respective Investment Partner.

    The Investment Partner is further permitted to contact the Customer directly for any matters related to the gold product availed by the Customer.

    The Customer hereby agrees to the terms of use of the Investment Partner Click here and as agreed by the Customer while applying for the gold product. TranServ will not be in any way responsible for any disputes or claims arising out of the Customer due to delivery of gold.

    Customer agrees that all fees and charges associated with the gold product are levied at the sole discretion of the Investment Partner.

  • For any grievance and dispute related to the gold product, TranServ will provide an interface for capturing information regarding such cases. TranServ will further facilitate resolution of such cases by liaising with the representatives of respective Investment Partner. Customers acknowledge that TranServ is merely a facilitator and will not be responsible for providing resolution to Customers.
  • Customer acknowledges that
    1. TranServ is not engaged in either grant of gold product nor does it guarantee any loan on behalf of any Investment Partners.
    2. Customer interaction with the Investment Partner accessed through any interface provided by TranServ is at Customer’s own risk, and the application and use of such a gold product is purely voluntary.
    3. TranServ in no manner guarantees that the information provided by the Investment Partner is true and correct and that it is Customers responsibility to verify the information about Investment Partner.
    4. The grant of gold product by the Investment Partner is subject to Customer fulfilling the eligibility criteria as the Investment Partners may deem fit.
    5. TranServ will not be responsible for any decisions made by the Investment Partner with respect to purchase/redeem/delivery or any other aspects related to the gold product availed by the Customer. TranServ in no manner warrants or guarantees performance of the Investment Partner that is providing gold product using TranServ’s distribution and technology services.
    6. TranServ shall not he held liable for any delay, rejection of any gold product application made by the Customer using TranServ’s interface.
    7. Display of gold products offered by Investment Partner, does not in any way imply, suggest, or constitute any sponsorship, recommendation, opinion, advice or approval of TranServ for such Investment Partners or their products.
    8. TranServ is in no manner responsible for any claims, losses or damages by the Customer related to gold product offered by the Investment Partner.
  • TranServ reserves the right at any time, at our sole discretion, to change or otherwise modify the Terms of this offer without prior notice to Customer and continued use of this offer signifies Customer’s acceptance of the updated or modified Terms.
  • Any disputes arising out of this offer shall be subject to the exclusive jurisdiction of competent courts in the city of Mumbai (India) irrespective of whether Courts in other areas have concurrent jurisdiction.

TERMS OF USE

PART – I

  1. INTRODUCTION
    1. 1.1 THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF THE INFORMATION TECHNOLOGY ACT, 2000 AND RULES THEREUNDER AS APPLICABLE AND THE PROVISIONS PERTAINING TO ELECTRONIC RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.
    2. 1.2 THIS DOCUMENT IS PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF RULE 3(1) OF THE INFORMATION TECHNOLOGY (INTERMEDIARIES GUIDELINES) RULES, 2011 THAT REQUIRES PUBLISHING THE RULES AND REGULATIONS, PRIVACY POLICY AND TERMS OF USE FOR ACCESS OR USAGE OF THE PLATFORM.
    3. 1.3 PART I AND PART II OF THESE TERMS OF USE SHALL BE COLLECTIVELY REFERRED TO AS THE ‘TERMS’ AND SHALL ALWAYS BE READ TOGETHER.
  2. DEFINITIONS
    1. 2.1. For the purpose of these Terms, wherever the context so requires, the term:
      1. 2.1.1. “Customer” shall mean any individual, who as the counterparty transacts using the Platform for buying Gold, taking delivery of Gold and/or selling back the Gold to Digigold as outlined in these Terms.
      2. 2.1.2. “Customer Account” shall mean the account created whether by You or otherwise, in accordance with these Terms.
      3. 2.1.3. “Customer Account Information” shall mean the information provided by You for the purpose of creation of the Customer Account.
      4. 2.1.4. “Customer Request” shall mean a Delivery Request, Sale Request or Exchange Request placed by You in relation to the Customer Gold.
      5. 2.1.5. “Force Majeure Event” shall mean any event that is beyond the reasonable control of the Distribution Partner and/or Digigold and shall include, without limitation, sabotage, fire, flood, explosion, act of God, civil commotion, strikes, lockouts or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, civil disturbances, unauthorised access to computer data and storage device, computer crashes, virus attacks, breach of security and encryption, and any other similar events not within the control of the Distribution Partner and/or Digigold and which the Distribution Partner and/or Digigold is not able to overcome.
      6. 2.1.6. “Person” shall mean an individual, a corporation, a partnership, a joint venture, a trust, an unincorporated organization and any other legal entity.
      7. 2.1.7. "Platform" shall mean, and include, the mobile/web application, pre-paid card, Interactive Voice Response system (IVR), and/or retail network, by the name and style of ‘[•]’, that the Customer, either directly, or through a retailer/other intermediary authorised by the Distribution Partner in this regard, accesses for the transactions, including all contents, services and technology offered through the Platform.
      8. 2.1.8. “Transfer” refers to a facility to transfer Gold from a Customer Account to another Customer Account.
    2. In addition to the terms defined in Section 2.1, additional terms used herein shall have the respective meanings assigned thereto in the relevant sections contained hereinafter.

  3. TERMS AND CONDITIONS OF SERVICES BEING PROVIDED BY DIGIGOLD
    1. 3.1. Digital Gold India Private Limited, a company incorporated under the Companies Act, 2013 with its registered office at 1902 Tower B, Peninsula Business Park, Ganpatrao Kadam Marg, Lower Parel, Mumbai, Maharashtra 400013, ("Digigold") will be selling gold and providing services of safe keeping/vaulting and delivery/fulfilment of gold and related services thereto to the Customers, on or through the Platform (“Services”).
    2. 3.2. The Gold is being offered for purchase and/or sale by Digigold under its brand name “SafeGold”. The Services are being provided by Digigold. [•] (“Distribution Partner”) is only facilitating the Services on its Platform. The Distribution Partner assumes no liability for the Services except for providing payment services and Customer Support in addressing the queries related to the Services. Any and all of the transactions relating to the Services are being rendered by Digigold in association with the Intermediaries (namely the Security Trustee and Vault Keeper) with whom separate agreements have been entered into by Digigold.
    3. 3.3. The Customers are advised to read and understand these Terms carefully before using the Services.
    4. 3.4. Customers are also advised to read and understand any Terms and Conditions as may be stated as applicable to Customers availing themselves of these Services, by the Distribution Partner.
    5. 3.5. Digigold and/or the Distribution Partner does not guarantee any returns, on any transactions consummated vis-à-vis the Platform, to any person, either directly or indirectly. The Customer (hereinafter referred to as “You”, with the term “Your” being construed accordingly) shall be solely responsible for undertaking appropriate and effective due diligence and related analysis before undertaking any transactions pursuant to these Terms of Use. You further acknowledge and agree that Digigold and/or the Distribution Partner and their officers, directors, employees, agents and affiliates will have no liability for Your purchase or other decisions using the Platform.
    6. 3.6. The Services by Digigold shall be provided for a term commencing from the date of creation of the Customer Account.
    7. 3.7. You understand and acknowledge that the Services are being provided and made available on an “AS IS” and “AS AVAILABLE” basis. The Platform may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from Your device and/or any device used by You to connect to the Platform as well as from peripherals (including, without limitation, servers and computers) connected to any of the above-mentioned devices. You assume all risks and costs associated with Your use of the Services, including without limitation, any costs incurred for the use of Your device and any damage to any equipment, software or data.
  4. SECURITY TRUSTEE, INTERMEDIARIES AND SAFE KEEPING ARRANGEMENT
    1. 4.1. Appointment of Intermediaries
      1. 4.1.1. Digigold or the Security Trustee (as the case may be) may from time to time appoint intermediaries who shall assist Digigold in providing the Services to You (“Intermediaries”). The term, “Intermediaries” shall mean the Security Trustee, Vault Keeper and shall include any and all Persons appointed by Digigold or the Security Trustee (as the case may be) upon placement of a Customer Order (and successful payment of monies in lieu thereof) till the consummation of the Customer Requests placed by You in accordance with these Terms. You hereby consent to the appointment of such Intermediaries, for and on Your behalf, by Digigold or the Security Trustee (as the case may be).
      2. 4.1.2. You acknowledge and understand that these Intermediaries have been appointed to ensure that Your Customer Orders/Customer Requests are duly complied with in accordance with these Terms. You additionally acknowledge that certain payments will have to be made to these Intermediaries for their appointment and services in relation thereto, which shall be borne by Digigold on Your behalf unless otherwise indicated in these Terms.
    2. 4.2. Appointment of Security Trustee
      1. 4.2.1. You hereby acknowledge and agree that in order to ensure that Your Customer Orders/Customer Requests are fulfilled in all circumstances, a first and exclusive charge on the Customer Gold by way of hypothecation will be created in favour of IDBI Trusteeship Services Limited or any successor Person (“Security Trustee”).
      2. 4.2.2. By accepting these Terms, You further agree to accede to the terms for such arrangement with the Security Trustee (i.e., a security trustee agreement) and for creation of the charge over the Customer Gold by way of a deed of hypothecation or the like (collectively, “Security Trustee Agreements”). By clicking on “I Accept”, You acknowledge that You will accede to the Security Trustee Agreements (upon such date) as if You had been named as an original party to the same and had executed each of such Security Trustee Agreements; and will be bound by all the terms and conditions of the Security Trustee Agreements.
      3. 4.2.3. In the event of any expenses or charges remaining payable to any Intermediaries or otherwise till actual delivery or fulfilment of any of Your Customer Orders/Customer Requests for any reason, including where Digigold is unable to pay these expenses or charges for any reason whatsoever, thereby adversely effecting or jeopardizing the fulfilment of Your Customer Orders/Customer Requests, then the Security Trustee will be entitled to sell part of the Customer Gold and satisfy such outstanding expenses or charges as required in accordance with these Terms read with the Security Trustee Agreements. The sums due to You and/or gold to be delivered (as the case may be), after settling the aforementioned charges, would be dealt with in accordance with these Terms read with the Security Trustee Agreements.
      4. 4.2.4. By way of these Terms, You authorize the Security Trustee to act on Your behalf to ensure that Your interests are adequately protected.
    3. 4.3. Safe Keeping/Vaulting of Gold
      1. 4.3.1. Gold purchased by You corresponding to the Customer Order shall be stored with a custodian in a vault on Your behalf (“Vault Keeper”).
      2. 4.3.2. You hereby authorize (i) appointment of such Vault Keeper to safe keep the gold purchased; and (ii) Digigold to store such gold products purchased by You, including, but not limited to, bullion, coins or jewellery (as the case may be) in the secured vault on Your behalf (“Customer Gold”). It is hereby clarified that Your purchase of the gold corresponding to the Customer Order shall be deemed to be completed and title in relation thereto shall be deemed to have been passed upon such relevant portion of the Customer Gold being stored in the vault with the Vault Keeper on Your behalf or upon a final invoice being issued by Digigold in accordance with these Terms, subject to applicable laws.
      3. 4.3.3. To ensure that the Customer Gold stored in such vault is adequately protected, necessary insurance policy/ies has been obtained by the Vault Keeper, where the cost of insurance to safe keep the same will be borne by the Vault Keeper. Pursuant to such insurance policy/ies, for any loss or damage to the Customer Gold stored in the vault, You further authorize the Security Trustee to act as Your beneficiary under the insurance policy/ies and to take all steps necessary to protect Your interests.
      4. 4.3.4. While the Vault Keeper has taken the necessary insurance policy/ies, in case of occurrence of an event not covered in such insurance policy/ies, the Customer Gold may be at risk. The insurance policy/ies obtained by the Vault Keeper are in line with the global industry practices and cover losses due to fire, lightning, theft, cyclone, earthquake, flood, etc. but do not cover losses due to events such as war, revolution, derelict weapons of war, nuclear radiation, etc.