Terms and Conditions for Users

Terms and Conditions of Service for Users

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

We urge You to read these T&Cs carefully now so that You are informed of the promises You are making to us by successfully completing registration with Us. Applicable laws allow Us to hold You to these promises later, so don’t say We didn’t warn You!

1. Definitions (What all these words mean).
   1. All of the defined and capitalized terms in these T&Cs shall have the meaning assigned to them here below:

“Account” refers to the account created for a User as soon as he successfully completes the process of registering at https://www.obopay.com, which contains information regarding his OBOPAY Wallet.

“Act” means the Payment and Settlement Systems Act, 2007 and any amendment, modification or re-enactment of the same, or any other succeeding enactment for the time being in force.

“Eligible” means satisfying the conditions of eligibility prescribed under Paragraph 3.1 of these T&Cs.

“Merchant” means any of the establishments listed on the webpage available at  https://www.obopay.com which accept payment through OBOPAY Wallet for sale of their goods and services and with whom We have executed physical contracts. The list of Merchants available at https://www.OBOPAY.com/ may be revised by Us from time to time without intimation to You.

“OBOPAY Wallet” means a semi-closed system payment instrument issued by OBOPAY, which can be used by Users to purchase goods and services of Merchants (“Wallet to Merchant Transfer”), or to avail of certain financial services such as Wallet to Wallet Transfers and Wallet to Bank Transfers (please note that this facility is unavailable at present)and accordance of Service for Users with RBI Regulations and these T&Cs (“Services”).

“OBOPAY”, “We”, “Our” or “Us” refers to One OBOPAY Mobile Technology India Private Limited, a private limited company incorporated under the provisions of the Indian Companies Act, 1956, having its corporate office at #150, 6^th floor, Tower C, Diamond District, Old Airport Road, Bangalore – 560008 and represented by its authorized signatory Mr. Shailendra Naidu. OBOPAY is an authorized payment and settlement systems operator under the provisions of the Act.

“RBI” means the Reserve Bank of India.

“RBI Regulations” means the Act and regulations made thereunder, the Issuance and Operation of Pre-paid Instruments in India (RBI) Directions, 2009 and any notifications, master circulars, instructions or guidelines issued and updated by the RBI from time to time, in relation to the same.

“Terms and Conditions of Service” or “T&Cs” refers to these terms and conditions of use of OBOPAY’s Services, which are available at here and any future revisions of the same, which You are informed of via automated e-mail sent to Your Registered E-mail Address.

“User”, “You” or “Your” refers to any Eligible person, competent to enter into a contract under applicable laws, who is bound by these T&Cs and successfully completes the registration for use of OBOPAY Wallet.

“Wallet-to-Bank Transfer” means a Service offered by OBOPAY whereby a User can transfer funds from his OBOPAY Wallet to a designated savings or current bank account. Please note that this facility is unavailable at present.

“Wallet-to-Wallet Transfer” means a Service offered by OBOPAY whereby a User can transfer funds from his OBOPAY Wallet to another OBOPAY Wallet, in accordance with RBI Regulations and these T&Cs.

2. Interpretations (To help You understand what We are trying to say).
   1. Any reference to the singular includes a reference to the plural and vice versa, unless explicitly provided for otherwise; and any reference to the masculine includes a reference to the feminine and vice versa.
   2. Headings and captions are used for convenience only and shall not affect the interpretation of these T&Cs.
   3. Any reference to a natural person shall, unless repugnant to the context, include his heirs, executors and permitted assignees. Similarly, any reference to a juristic person such as OBOPAY shall, unless repugnant to the context, include its affiliates, successors and permitted assignees.
3. WALLET CREATION – Eligibility (Can You use a OBOPAY Wallet?).
   1. You will not be considered “Eligible” to use Our Services unless You:
      1. reside in India;
      2. have attained at least 18 (eighteen) years of age;
      3. use Services to perform transactions in Indian Rupees only and no other currency; and
      4. avail of Services on a networked device which supports Services.
   2. You may avail of Services only if you are Eligible. If you are not Eligible, please immediately abandon any and all attempts to register with Us.
   3. We reserve the right to immediately terminate Your Account if we have reason to believe that Your Account is being used by any person who is not Eligible, or for any other reason.
   4. We rely completely on Your representation that You are Eligible and will bear no liability if You or anyone who uses Your Account or OBOPAY Wallet is found to be not Eligible.
4. WALLET CREATION – User Account, password and security (How to keep Your Account safe).
   1. To open an Account, You must provide Us with the following “Registration Data”:
      1. a valid and functional e-mail address (“Registered E-mail ID”);
      2. a valid and functional phone number registered in your name (“Registered Phone Number”);
      3. a password; and
      4. Any additional information that RBI Regulations may prescribe to be necessary to satisfy Know Your Customer norms (“KYC Norms”), or as We deem fit.
   2. The Registration Data and any other information provided by You to Us must be true to the best of Your knowledge, information and belief. Any liability for false Registration Data provided by You will be borne solely by You and not Us.
   3. Please do not share your Registration Data with any third parties as You will be solely responsible for maintaining the confidentiality of Your Registration Data and will be liable for all activities and transactions that occur through Your Account and OBOPAY Wallet, whether initiated by You or any third party.
   4. In order to protect the security of Your Account and OBOPAY Wallet, We require You to (a) immediately inform Us at through your HR team of these T&Cs, of any unauthorized use of Your Account and (b) to ensure that You log out of Your Account at the end of every session.
   5. In accordance with RBI Regulations 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, or that the security of Your Account has been compromised in any way.
   6. Please note that in order to comply with RBI Regulations, we do not allow You to open more than one Account in association with the phone number registered in Your name.
   7. In the event that You have forgotten the password to Your Account, You may click on Forgot Password? to request a new password. Based on Our sole discretion and if We are satisfied that the identity of the applicant for a new password matches Your identity, We will send an e-mail to Your Registered E-mail ID, with instructions to reset Your password (“Password Instructions”). You will be solely responsible for any transactions which occur through Your Account once We send the Password Instructions to Your Registered E-mail ID.
   8. In the event that You are unable to access Your Account or OBOPAY Wallet for any reason other than forgetting Your password, please inform Us through your HR team and make a request for blocking Your Account. We will not be liable for any unauthorized transactions made through Your Account prior to You making a request for blocking.
5. Wallet Loading and Use – Features of OBOPAY Wallet (What You get from Us).
   1. Once You have successfully created an Account after completing the registration process in accordance with these T&Cs, You can start availing of our Services through OBOPAY Wallet.
   2. The features of OBOPAY Wallet are as follows:

6. Wallet Loading and Use – Wallet Loading and Use.
   1. At present, We do not charge Our Users any fees for the use of Our Services.
   2. We reserve the right to start charging fees from Users for our Services in future. The terms and conditions related to any such fees that We may impose on Users in the future will come into effect from the date on which such terms and conditions are clearly disclosed under this Paragraph 6.
7. Wallet Loading and Use – Terms and modes of payment for authorized transactions (How to load and transfer funds using Your OBOPAY Wallet).
   1. When You opt to load money into Your OBOPAY Wallet You will be required to provide certain “Payment Details” for the purpose of making the desired transaction. If You provide such Payments Details, You agree that You do so voluntarily.
   2. The Payment Details You provide must be true and accurate to the best of Your knowledge, information and belief. We do not bear any liability for the consequences if You provide false or incorrect Payment Details.
   3. You represent and warrant that You are legally and fully entitled to use any debit card, credit card or bank account that You attempt to use to load funds into Your OBOPAY Wallet.
   4. You represent and warrant that the bank account through which You attempt to load funds into Your OBOPAY Wallet has sufficient funds to permit Your proposed transaction. We bear no liability for loading transactions which are cancelled on account of insufficient funds in Your bank account.
   5. You hereby authorize us to hold, receive and disburse funds in Your OBOPAY Wallet in accordance with any payment instructions We receive from You. Among other things, Your authorization permits Us to debit or credit the bank account associated with Your Payment Details. Your authorization will remain in effect as long as You maintain an Account with Us. You may view the transaction history associated with Your OBOPAY Wallet at /history. If You wish to request a refund or chargeback on any past transaction which has occurred through Your OBOPAY Wallet, You may do so in accordance with the procedure outlined in these T&Cs.
8. Wallet Loading and Use – Wallet to Merchant Transfer.
   1. When We receive payment instructions from You to pay a Merchant, You authorize and order Us to commit Your payment to that Merchant. This authorization will remain in effect as long as You maintain an Account with Us.
   2. In the event that You are not satisfied with the goods or services provided to You by a Merchant for any reason, We recommend that You report the matter to the Merchant in question. Please note that We are not responsible for the goods or services provided by Our Merchants and cannot be involved in any disputes between a Merchant and User regarding the same.
9. Wallet Loading and Use – Wallet to Wallet Transfer.
   1. Service Available on :
      1. Android App
      2. IOS App
      3. Windows App

2. Limits for Transfer:
   1. Daily Limits: Minimum: INR 5 and Maximum: INR 5000
3. Conditions:
   For Sending / Receiving of Funds on the OBOPAY Wallet:

1. This service is available for Existing OBOPAY Wallet Users ONLY
2. The Sender MUST have available funds to be able to initiate a transfer to a recipient wallet
3. To avail of this facility a RECEIVER MUST Register a Wallet Account on OBOPAY to receive transfer of funds from an existing OBOPAY Wallet User.

• Validity of Transfer: The Wallet to Wallet Transfer request MUST be accepted within 7 ( SEVEN ) Days from the Date of Transfer.

If the Receiver of this request fail to accept the Wallet to Wallet request – The funds are credited back to the sender OBOPAY Wallet Account.

5. Requesting a Wallet to Wallet Transfer:
   1. The User MUST have a valid OBOPAY Wallet Account to be eligible to Accept a request for Wallet to Wallet Transfer from an existing OBOPAY Wallet User.
   2. User ( the Sender ) must have available funds in the OBOPAY Wallet Account to process a Wallet to Wallet request.
6. Validity of Transfer : The Wallet to Wallet Transfer request MUST be accepted within 7 ( SEVEN ) Days.
7. You agree to transfer funds from Your OBOPAY Wallet to the OBOPAY Wallet of no persons other than the following (“Eligible Transferee”):
   1. Persons who are already Users; or
   2. Persons who are not Users but who are Eligible to hold an Account or OBOPAY Wallet.
8. We rely solely on Your representation under Paragraph 9.2 and will bear no liability in the event that funds are transferred to persons who are not Eligible Transferees.
9. 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.

10. Wallet Loading and Use – Wallet to Bank Transfer.
    1. User can avail IMPS facility to the tune of available wallet balance.
11. Wallet Loading and Use – Refunds (What if You want Your money back?).
    1. In the event that You desire a refund on any amount that has been debited from Your OBOPAY Wallet, please reach out to your HR team. Every refund request made by You is required to be processed by Us, including those made by You directly to a Merchant.
    2. Where We determine that a refund request is valid, We will make every reasonable effort to grant the refund request and return the requisite funds to Your OBOPAY Wallet.
    3. Please note that RBI Regulations do not permit Us to refund any balance existing in Your OBOPAY Wallet back to You. If the Wallet to Bank transfer is available, You may transfer funds from Your OBOPAY Wallet to Your bank account in accordance with Paragraph 10. Any such Wallet to Bank Transfer made by You will not amount to a refund or a withdrawal.
    4. We will make every reasonable effort to respond to Your refund request at the earliest. Please note that We will not be responsible for delays, which may be caused by any third parties, such as banks and Merchants, on whom We rely while processing Your refund request.
12. Wallet Loading and Use – Chargebacks (What if You Want Your money back?).
    1. You may have the right to initiate a chargeback request in accordance with the terms and conditions of Your debit or credit card scheme. Please note that Your chargeback request will be processed by Your debit/ credit card provider and not by Us. Therefore, We bear no liability for the processing of chargeback requests.
    2. In order to comply with RBI Regulations, We reserve the right to review Your Account and transaction history pursuant to a chargeback request, in order to determine the occurrence of fraud. If We have any reason to believe that there has been fraudulent activity on Your Account, We reserve the right to terminate Your Account with immediate effect.
13. Wallet Loading and Use – Suspicious charges and transactions (When Your Account might be frozen).
    1. If We have reason to believe that any payment instructions made on Your Account have been fraudulently made, We will suspend and deny You access to Your Account in order to investigate and report the suspicious activity in accordance with RBI Regulations and applicable laws. Such suspension will continue in effect till the conclusion of the investigation.
    2. Please note that we are reliant on a number of third parties such as banks and Merchants while conducting the investigation. However, we will make every reasonable effort to conclude the investigation at the earliest.
    3. Upon conclusion of the investigation and based on its results, we may be required to terminate Your Account with immediate effect, in accordance with Paragraph 15 of these T&Cs.
14. Wallet Loading and Use – Links (How safe Our Official Website is).
    1. Our “Official Website” is available at https://www.obopay.com. You will note that the URL to every webpage on Our Official Website begins with “https://”. In other words, every webpage on Our Official Website is hypertext transfer protocol secure (“HTTPS Enabled”) or “identity verified”.
    2. We have had Our entire Official Website HTTPS Enabled to better protect Your security against dummy websites. Please verify that a webpage is HTTPS Enabled before providing any information to it. We will not be liable for any consequences of You providing details on any third party website, including dummy websites.
    3. We do not guarantee the security, functionality or accessibility of any third party website, including in those cases where the link to a third party website is available on Our Official Website.
15. Wallet Shutting and Expiry – Termination of Account (How You can quit Our Services)
    1. 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.
    2. You may request for termination of Services at any time by submitting a request on the Official Website. We will make every effort to respond to Your request for termination of Service at the earliest.
    3. You will remain responsible for all transactions that occurred prior to termination of Your Account.
    4. Please note that We are prohibited under RBI Regulations from returning to You any balance existing in Your OBOPAY Wallet on the date of termination of Service.
16. Wallet Shutting and Expiry – Expiry of OBOPAY Wallet (What happens if You don’t use Your OBOPAY Wallet).
    1. “Expiry” of Your OBOPAY Wallet will occur under the following circumstances:
       1. Expiry of a period of 3 (three) years from the date on which You successfully registered for an Account;
       2. Expiry of a period of 180 (one hundred and eighty) days between the date of successful registration of Your Account and the first use of Services; or
       3. Expiry of a period of 180 (one hundred and eighty) days from the date on which the last use of Services occurred.
    2. We will inform You via Your Registered E-mail ID/Registered Phone Number 30 (thirty) days prior to Expiry of Your OBOPAY Wallet.
    3. Please note that on the date of Expiry, Your Account will be terminated and any remaining balance in Your OBOPAY Wallet will be forfeited to Us.
17. Miscellaneous – Disclaimers (Warning!).
    1. Except for our limited role in processing payments that You authorize or initiate, We are not involved in any underlying transaction between You, any other User, Merchant, bank or other third party. We are not a bank and do not offer banking services.
    2. We may use the services of one or more third parties to provide the Service and process Your transactions.
    3. 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 Service or any third party website that You may use to access the Service.
    4. 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.
    5. We do not warrant or makes 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.
    6. 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.
    7. 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.
    8. Although We adopt security measures 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.
    9. 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.
18. Miscellaneous – User conduct (What We expect from You).
    1. Every User agrees to the following:
       1. He will not “stalk” or otherwise harass another User;
       2. He does not and will not infringe any third party’s intellectual property, trade secret, other proprietary rights, rights of publicity or privacy;
       3. He will not be defamatory, libellous, unlawfully threatening or unlawfully harassing in his communications with Us or other Users;
       4. He will not be indecent, obscene in his communications with Us or other Users;
       5. He will not be seditious, offensive, abusive, liable to incite racial, ethnic or religious hatred, discriminatory, menacing, tortuous, scandalous, inflammatory or blasphemous in his communication with Us or other Users;
       6. He will not constitute and/or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law;
       7. He will not spread material that is technically harmful (including, without limitation, computer/ mobile viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data or any other code or files) or other computer programming routines that may damage, detrimentally destroy, limit, interrupt, interfere with, diminish value of, surreptitiously intercept or expropriate the functionality of any system, data or personal information.
       8. He will not create liability for Us or cause Us to lose (in whole or in part) goodwill or business; and
       9. His communication with Us or other Users will not be in the nature of political campaigning, unsolicited or unauthorized advertising, promotional and/ or commercial solicitation, chain letters, pyramid schemes, mass mailings and/or any form of “spam” or solicitation.
    2. Miscellaneous – Communication and notices (How We will keep in touch with You).
       1. By successfully registering for an Account, You agree to receive communication from Us on Your Registered Phone Number and Registered E-mail ID regarding Our Services. You agree that any communication so received by You from Us will not amount to spam, unsolicited communication or a violation of Your registration on the National Do Not Call Registry.
       2. Any notice or notification in relation to these T&Cs which You wish to make to Us must be made in writing to:
          Attn: Legal Department, OBOPAY.Com
          Address: #150, 6^th floor, Tower C, Diamond District, Old Airport Road, Bangalore – 560008, Karnataka.
    3. Miscellaneous – Indemnification (What You protect Us against).
       1. You agree to indemnify, defend and hold Us and/or related parties harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including and without limitation legal fees and expenses, arising out of or related to the use or misuse of Services or any violation of these T&Cs.
    4. Miscellaneous – Governing law and dispute resolution (How You can resolve quarrels with Us).
       1. We may elect to resolve any controversy or claim arising out of or relating to these T&Cs by binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996. Any such controversy or claim will be arbitrated on an individual basis and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Karnataka, India and judgment on the arbitration award may be entered in any court having jurisdiction thereof.
       2. Either You or We may seek any interim or preliminary relief from a court of competent jurisdiction in New Delhi, India, necessary to protect the rights or the property of You or Us, pending the completion of arbitration. The language of arbitration will be English.
       3. These T&Cs will be governed by the laws of India. Subject to the procedure for arbitration, We and You agree and undertake that any controversy or claim arising out of or relating to these T&Cs will be adjudicated exclusively before a competent court in Karnataka, India only.
    5. Miscellaneous – Intellectual property and proprietary rights (Please be careful with Our stuff).
       1. You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other applicable laws. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. Any unauthorized commercial use of the Service or the resale of its services or the copying or reproduction of the Software to any other server or location for further reproduction or redistribution is expressly prohibited and may result in severe civil and criminal penalties.
       2. You further acknowledge that You will not (nor will You allow any third party to) copy, modify, de-compile, translate, create a derivative work of, reverse engineer, reverse assemble the Software or otherwise attempt to discover any source code, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Us for use in accessing the Service.
    6. Miscellaneous – No waiver (Don’t take Our silence the wrong way).
       1. Our failure, delay or omission to exercise or enforce any rights or provisions of these T&Cs will not constitute a waiver of such rights or provisions. A waiver on any one occasion will not be construed as a bar or waiver of any rights or remedies on future occasions.
       2. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the T&Cs must be filed within 3 (three) months after such claim or cause of action arose or be forever barred.
    7. Miscellaneous – Revision of T&Cs (How things might change).
       1. These T&Cs may be modified at any time and from time to time, discontinued temporarily or permanently (“Revised”) by Us.
       2. You can review the most current version of these T&Cs at any time at https://www.OBOPAY.com/terms-and-conditions.
       3. Unless otherwise specified by Us, Revised T&Cs will take effect automatically and be binding on and from the day they are posted on the Official Website. By continuing to access or use Services, You will be deemed to have agreed to accept and be bound by such Revised T&Cs. If you do not agree to the Revised T&Cs, You should discontinue accessing or using Services immediately.
       4. If You avail of any cashback or bonuses offered by Us, certain terms and conditions specific to the cashback or bonus offer availed of by You will apply in addition to these T&Cs. We reserve the right to revise, amend or discontinue at will any cashback or bonus offers made by Us. You agree and acknowledge that You will not be entitled to make any claim against Us in relation to a cashback or bonus offer.
    8. Miscellaneous – Customer grievance redressal policy (How You can get Us to fix a problem).
       1. If You are not satisfied with the quality of service(s) offered, please contact Our HR team or refer to the Grievance Policy, for which the procedure for escalation of complaints will be as follows:
          1. Escalation Level – 1. Write to Customer Support team: through your HR SPOC.
       2. Miscellaneous – Severability (Don’t throw the baby out with the bath water).
          1. If any part of these T&Cs is determined to be invalid or unenforceable pursuant to applicable laws then the invalid or unenforceable provisions will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these T&Cs will continue in effect.