“Affiliate” means and includes any entity that (a) directly or indirectly Controls, is Controlled by, or is under common Control with mpurse, where “Control” means the ownership of, or the power to vote at least twenty percent (20%) of the voting stock, shares or interests of such entity and (b) is subsidiary or holding of another entity;
“Authority” means any competent regulatory, prosecuting, tax or governmental authority, court or tribunal, in any jurisdiction, domestic or foreign.
“Confidential Information” means Personal Information relating to the User and any other information either designated by the User as confidential at the time of disclosure or that a reasonable person would consider such information as confidential or proprietary in nature;
“Eligible” means the individual who fulfills all the Eligibility requirements as mentioned at Clause 5.1.(a) below.
"KYC" stands for Know Your Customer and refers to the various norms, rules, laws and statutes issued by RBI from time to time under which mpurse is required to procure personal identification details and proof of documents from the User as may be required at the time of enrolling for mpurse Wallet and/ or on a later date, for availing and / or continuation of the mpurse Wallet.
“Law” means the applicable Indian law.
“Merchant” shall mean and include physical merchants, remote merchants, electronic commerce merchants, mobile commerce merchants and/or any other merchants (including financial services) with whom mpurse has entered into a specific arrangement to accept payment by the User using his mpurse Wallet for the goods or services being sold by such merchants. The name of such merchant may be listed out on the Official Website of mpurse;
“mpurse” or “the Company” shall mean mpurse services private limited, a company registered under the Company’s Act, and having its registered office at D – 180, Okhla Industrial Area, Phase – 1, New Delhi, South Delhi, Delhi – 110020 and corporate office at Tower B 5th Floor, A-8A Knowledge Bouleward, Sector – 62, Noida Gautam Budha Nagar, Uttar Pradesh – 201309.
“mpurse Wallet" shall mean a semi-closed system payment instrument issued by mpurse, which can be used by the Users to purchase goods and services of Merchants, or to avail of certain financial services including domestic fund transfer in accordance with RBI Regulations and these T&Cs;
“mpurse Wallet A/c" shall mean the account of the User associated with his mpurse Wallet, which account shall be maintained by mpurse on its system;
“Offerings” shall have the meaning as defined at Clause 1.2 above;
“Personal Information” means User’s personal information received by mpurse from the User or his representatives in the course of providing Services to the User. User’s personal information may include name, mobile number, identification and verification information, email id, bio-metric details, bank account, transactional information and usage behavior to the extent that these amount to personal information under applicable local law.
“RBI” means Reserve Bank of India;
“RBI Regulation” means the regulations made under the Payment and Settlement Systems Act, 2007, 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.
“Services” refers to stored value wallet services offered by mpurse under the certificate of authorization issued by RBI. Under the Services, mpurse issues the mpurse Wallet A/c. mpurse’s services are governed by: (a) The Payment and Settlement Systems Act, 2007 & Regulations made there under, (b) Issuance and Operation of Pre-paid Payment Instruments in India (Reserve Bank) Directions, 2009 and (c) Instructions issued by the RBI from time to time in respect of the same.
"Transaction" shall mean any debit or credit in the User’s mpurse Wallet A/c, including but not limited to payment for purchase of goods or services from Merchant including financial services or domestic money transfers, at the instruction of the User.
“User” shall mean an Eligible individual who has registered with mpurse for availing the Services and who has accepted these T&C;
“You” or “Your” shall mean an individual competent to enter into a contract under the applicable Laws, who is bound by the terms of this T&C, and who is availing any Offerings from mpurse;
(a) All references to singular include plural and vice versa and the word "includes" should be construed as "without limitation";
(b) Words importing any gender include the other gender;
(c) Reference to any statute, ordinance or other law includes all regulations and other instruments and all consolidations, amendments, re-enactments or replacements for the time being in force;
(d) All headings, bold typing and italics (if any) have been inserted for convenience of reference only and do not define limit or affect the meaning or interpretation of these Terms.
2.1. mpurse services private limited (“mpurse" "We" or "Us" or “Ours”, which also includes its successor or Affiliates) is an authorized payment and settlement system under the Payment and Settlement Systems Act, 2007. We issue mpurse Wallet to Users on which the User can load, pay and transfer funds in Indian currency within India to make purchases of goods and services including financial services. mpurse also provides facility to load the mpurse Wallet by cash through mpurse’s agents / distributors (i.e. physical point of sales or ‘Channel Partners’). All services being provided include any future addition, modification or deletion, are collectively referred to as the ‘ Services’.
2.2. These terms and conditions (including any changes / modifications from time to time, “T&C”), govern the general relationship (including, without limitation, any use of website, application, web links, services or other offerings which is offered by mpurse) between the user and mpurse (mpurse shall include its Channel Partners who facilitates cash transaction on behalf of mpurse), and any particular services mentioned hereinafter and made available to the user at the sole discretion of mpurse from time to time (all collectively referred to as the “Offerings”). Any other services that may be offered to the User at the discretion of mpurse, shall be on special conditions, which may be separately agreed to between mpurse and the User. In case of conflict between any of these T&C and the above-mentioned special conditions, such special conditions shall, in case of the particular services to which they relate, prevail.
2.3. This document is an electronic record in terms of Information Technology Act, 2000 and generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 of the Information Technology (Intermediaries guidelines) Rules, 2011 and any other applicable law.
3.1. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE REGISTERING, ACCESSING, BROWSING, DOWNLOADING OR USING THE OFFERINGS. BY ACCESSING OR USING THE OFFERINGS, YOU, UNCONDITIONALLY AND UNDISPUTEDLY, AGREE TO BE BOUND BY THESE T&C SET FORTH BELOW INCLUDING ANY ADDITIONAL GUIDELINES AND FUTURE MODIFICATIONS. WITHOUT PREJUDICE TO THE FOREGOING, THE USE OF THE OFFERINGS BY THE USER WILL BE DEEMED ACCEPTANCE OF THE T&C. No act, delay or omission by mpurse shall affect its rights, powers and remedies under these T&C. If at any time You do not agree to these terms and conditions or do not wish to be bound by these terms and conditions, You may not access or use the Offerings and immediately terminate Your use of the Offerings. Any information provided by mpurse is not professional advice and must not be considered as such. Your use of information provided by mpurse is solely at Your own risk. Further, the timeliness and accuracy of any or all of the information is not guaranteed. Neither the authors, nor the editorial personnel, nor any other party who has been involved in the preparation or publication of such information can assure You that the information contained herein is in every respect accurate or complete, and they are not responsible for any errors or omissions or for the results obtained from the use of such information. 3.2. For being a valid User You must satisfy that (a) You are of legal age to form a binding contract with mpurse; or (b) You are not a person barred from receiving the Offerings under the laws of India or other countries including the country in which You are resident or from which You use the Offerings.
These T&C as well as any amendments thereof are part of a contract between You and mpurse and govern the use of Offerings;
4.1. Use of Offerings must be by individuals above 18 years of age;
4.2. Any duplication or unauthorized use of mpurse’s Offerings will be subject to cancellation and necessary legal action, at the sole discretion of mpurse;
4.3. mpurse’s scope is limited only to the extant of providing a mechanism to its Users for (i) payment settlement in case of payment to vendor / Merchant by its User or fund transfer from one User to another or (ii) resell of third party’s services or aggregator’s services to its User viz. talk time recharge, data recharge, cable tv recharge, payment of utility services, ticketing etc. Therefore, mpurse is not a warrantor, insurer, or guarantor of the services or product to be provided by any third party or aggregator through mpurse. Any Service sold / provided by mpurse to its User is sold without recourse against mpurse for any breach of contract by the third party service provider or aggregator. mpurse shall not be liable / responsible for any defect, disputes, liability, claim, deficiency (including unacceptable denomination of services) in respect to the product / merchandise / goods / services availed through mpurse;
4.4. mpurse’s Offerings may not be available to its You or shall substantially get affected due to dependency on quality / stability of telecom networks, availability of telecom services by the telecom service provider at User’s location, compatibility of User’s handset / PC / other devices for availing the Offerings. In event of occurrence of any of the aforesaid event, mpurse is not responsible in any manner whatsoever for non-provisioning of the Services and is not obligated to provide its Offerings to the User;
4.5. The User understand and agree that password and other information, which authenticates the User’s access to mpurse’s Services, are confidential information. The User agree to continue changing the password periodically. mpurse shall not be responsible, if the User share his/her password and other confidential information with any other person or fail to abide by mpurse’s advice viz. changing password periodically or other advice which may be given from time to time;
4.6. The User understand and agree that his mpurse Wallet A/c is linked to his registered mobile number. mpurse will not be held liable for unauthorized use of mpurse Wallet on account of loss / theft / misplacement of mobile number and / or SIM unless the User has informed mpurse’s customer care about such loss / theft / misplacement. It must be noted the User shall continue to remain liable for any unauthorised use of his mpurse Wallet till the User inform mpurse’s customer care about such loss / theft / misplacement and request for blocking his mpurse Wallet A/c is executed. mpurse shall not be responsible for any misuse of mpurse Wallet and / or other Services / Offerings;
4.7. mpurse reserves the right to suspend / discontinue the Services and / or Offerings at any time, for any cause, including, but not limited, to the following:
(a) For any suspected discrepancy in the particular(s), documentation or enrolment form provided by You;
(b) To combat potential fraud, sabotage, wilful destruction, threat to national security or for any other force majeure reasons etc.;
(c) If the same is due to technical failure, modification, up-gradation, variation, relocation, repair, and / or maintenance due to any emergency or for any technical reasons;
(d) If the same is due to any transmission deficiencies caused by topographical and geographical constraints / limitations;
(e) If the mobile connection with which the mpurse Wallet A/c is related ceases to be operational or in the User’s possession or control;
(f) For any suspected violation of the rules, regulations, orders, directions, notifications issued by RBI from time to time or for any violation of the T&C mentioned in herein;
4.8. mpurse would endeavor its best to keep improving the features of its Offerings / Services. It is agreed by You that some of the T&C as set out herein are not applicable till such features shall be added by mpurse with its Offerings / Services. Consequently, You agree that mpurse shall not be liable with respect to the legislated T&C herein in the event of non-availability of such features;
4.9. Our "Official Website" is available at https://www.mpurseservices.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".
4.10. 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, if You provide Your details on any third party website, including dummy websites.
4.11. 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.
(a) Following are the eligibility criteria for use of mpurse Wallet:
(i) You are a resident of India;
(ii) Your age is 18 (eighteen) years or above;
(iii) You will use mpurse Wallet to perform transactions in Indian Rupees only and no other currency; and
(iv) You will avail mpurse Wallet services on a device which supports such Services.
(b) If You are not Eligible, please immediately uninstall the mpurse Wallet application and stop using the Services. We rely completely on Your representation that You are Eligible. (c) We reserve the right to immediately terminate Your mpurse Wallet A/c if We have reason to believe that Your mpurse Wallet A/c is being used by any person who is not Eligible, or for any other reason. mpurse shall have no liability if You or anyone who uses Your mpurse Wallet A/c is found to be not Eligible.
(a) mpurse’s application has to be downloaded by the Users only from the sources authorized by mpurse onto to his device and the downloaded files have to be installed in order to avail the select Services;
(b) mpurse may, at its sole discretion, make bug fixes or release updates for the installed application;
(c) The select Offerings / Services use certain software, which is compatible on selected operating systems (OS) and devices only;
(d) The installation of mpurse Wallet application and the future upgrades would consume certain memory space of the User’s device. User needs to make sure that he has sufficient memory space available on his device.
(a) To open a mpurse Wallet A/c, You must provide the following Personal Information to Us:
(i) certain information as may be requested to You through the app / web Your name / age / gender, Your valid mobile no., Your valid email id, Your present / permanent address etc. The mobile no. and email id to be provided by You shall be considered as Registered Mobile Number (“RMN”) and Registered Email ID (“RID”). The information which are must to be provided by You shall carry ‘mandatory’ instructions at the relevant places on Your app or web; and
(ii) any additional information that RBI Regulations may prescribe to be necessary to satisfy Know Your User norms ("KYC Norms"), or as We deem fit.
(b) The Personal Information 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 Personal Information provided by You will be borne solely by You and not Us.
(c) The login user id for the mpurse Wallet application (“mpurse APP”) shall be Your RMN and the login password can be set by You through mpurse APP, upon verification of One Time Password (“OTP”), which shall be generated by mpurse and sent to You on Your RMN. You agree to immediately login using Your user id and passward and set you transaction password using the mpurse APP. You agree to set all Your password as per the password instructions that may be provided by mpurse;
(d) In the event that You have forgotten the password (both login and transaction) of Your mpurse Wallet A/c, You may click on “Forgot Password?”, which would allow You to reset Your password after verification of OTP as per the process explain above.
(e) Based on Our sole discretion, we reserve rights to get satisfied that the identity of the applicant for a new password matches Your identity. We also reserve rights to freeze Your mpurse Wallet A/c in the event of any material discrepancy in your identity and / or Your unsuccessful attempts to login Your mpurse Wallet A/c. The cautionary warnings may be displayed on the screen of Your device before such freezing. Upon receipt of satisfactory proof from You, the aforesaid freeze may be removed, at the sole discretion of mpurse.
(f) Upon receipt of documents as per KYC Norms, the relevant features of the mpurse Wallet shall be made available to You for use. Failure to provide these documents / information timely or the provision of wrong / invalid documents / information may result in (i) limited features available with Your mpurse Wallet A/c, (ii) blockage for debit / credit transactions from Your mpurse Wallet A/c or (iii) closure of Your Wallet account upon notice. Such actions shall be solely decided by mpurse considering the materiality of requirements of documents / information from You. Further, if at any point of time, mpurse is of the opinion that the profile / nature of the Your account or the transactions in Your account are not in line with mpurse’s internal policies or guidelines pertaining to KYC, then mpurse shall have every right to freeze operations of Your mpurse Wallet A/c or upon notice to even close the Account;
(g) 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 information provided by You is incorrect / invalid, or that the security of Your mpurse Wallet A/c has been compromised in any way;
(h) Please note that in order to comply with RBI Regulations, we do not allow You to open more than one mpurse Wallet A/c;
(i) 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 mpurse Wallet.
(a) Please do not share aforesaid Personal Information with any third party as You will be solely responsible for maintaining the confidentiality of Your Personal Information and will be liable for all activities and transactions that occur through Your mpurse Wallet A/c, whether initiated by You or any third party;
(b) In the event You change your RMN or RID, You agree to immediately change such details registered with mpurse and make sure that You receive the confirmation from mpurse in the matter before using Your mpurse Wallet A/c;
(c) In order to protect the security of Your mpurse Wallet A/c, We require You to immediately inform Us at the mpurse’s helpdesk, of (i) any unauthorized use of Your mpurse Wallet A/c, (ii) loss of Your password.
(d) You agree to change Your password periodically (recommended every 15 days) in such a way that Your previous passwords should not be repeated;
(e) You need to ensure that You log out Your Account at the end of every session;
(f) In the event that You are unable to access Your Account for any reason other than forgetting Your password (in which case please follow the instruction written above), please inform Us at the mpurse Helpdesk 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.
(a) You may avail of only those modes of payment options as may be listed at https://www.mpurseservices.com and / or communicated by mpurse directly through helpdesk or otherwise, which list may be revised from time to time by Us;
(b) When You opt to load money into Your mpurse 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;
(c) 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;
(d) 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 mpurse Wallet A/c;
(e) You represent and warrant that the bank account through which You attempt to load funds into Your mpurse Wallet A/c 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;
(f) You hereby authorize Us to hold, receive and disburse funds in Your mpurse Wallet A/c 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 and must be in compliance with the applicable Laws. You may view the transaction history associated with Your mpurse Wallet A/c upon login either through mpurse App or web. If You wish to request a refund or chargeback on any past transaction which has occurred through Your mpurse Wallet, You may do so in accordance with the procedure outlined in these T&Cs.
(g) You confirm that You are aware of the fact that when making any online payment through credit card / debit card / net banking account, You may be directed to the payment gateway page. The payment gateway may redirect You to other website(s) maintained or controlled by third parties and mpurse does not control such third party website(s) and is not responsible for any transactions on such website(s);
(h) The User understands and acknowledges that mpurse is entitled to information with regard to source of any monies being loaded in mpurse Wallet A/c and the User shall, upon demand, without demur or dispute, inform mpurse of any such source of monies;
(i) You may load money to Your mpurse account at Your nearest mpurse outlet. The location may be made available to You on Our website www.mpurseservices.com or customer care at +91 9711302264.
(j) In case of any cash deposits to be made in the Account for an amount of Rs. 50,000/- or above (Rupees Fifty Thousand only), in line with the requirements of the Income Tax Act, the User making such loading shall be required to provide PAN number. Incase PAN number is not available, the User making such deposit shall be required to provide Form 60/61;
(k) The User understands and acknowledges that cash withdrawal or redemption by the User is not permitted from his mpurse Wallet A/c pursuant to the applicable guidelines issued by RBI;
(l) When We receive payment instructions from You to pay a Merchant, You authorize and order Us to commit Your payment to that Merchant;
(m) 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 Merchants and cannot be involved in any disputes between a Merchant and User regarding the same. For the purpose of providing services to recharge of talk time, DTH, data card etc., We may act as reseller in certain cases, and therefore may facilitate resolving any dispute between You and the service providers through Our intermediaries / aggregators;
(n) In respect to transaction for transfer of funds from User to other person’s mpurse Wallet, You agree / You are responsible :
(i) that the Receiver must be eligible to open mpurse Wallet A/c and register a wallet Account on mpurse to receive transfer of funds from You unless the Receiver is already an User;
(ii) that We rely solely on Your representation under this Paragraph and will bear no liability in the event that funds are transferred to persons who are not Eligible;
(iii) If We have reason to believe that funds have been transferred by You to persons who are not Eligible, We reserve the right to terminate Your mpurse Wallet A/c and the account of the person to whom You transferred funds, with immediate effect;
(iv) You agree to ensure that the receiver must provide one time acceptance to mpurse that such receiver does not have any objection in receiving money from Your mpurse Wallet A/c. Such acceptance shall remain valid till the receiver withdraws such acceptance.
(v) In the event the receiver fails to provide one time acceptance of money from Your RMN or the transaction fails due to any other reason whatsoever, the funds shall be refunded back to Your mpurse Wallet A/c within seven (7) working days, if Your mpurse Wallet A/c is debited with the aforesaid funds;
(o) Subject to applicable guidelines from RBI and other applicable Laws, the User shall be allowed to transfer all or any part of outstanding balance of his mpurse Wallet A/c to a bank account in India;
(p) mpurse will issue and send periodical account statements of User’s mpurse Wallet A/c (“Statement(s)”) through email to the User at his RID, if such RID is available with mpurse. The User understands, agrees and accepts that mpurse will not send the statement for period when no transaction has been done in the account or when the account is in ‘non-operative status’. User must notify mpurse in writing if any Statement or other advices expected by User is not received. In case there is a discrepancy, error or omission in the particulars or details of the mpurse Wallet A/c as contained in the Statement, User shall intimate mpurse in writing of the relevant discrepancy, error or omission within 14 days of receiving the Statement which User thinks has a discrepancy, error or omission, failing which the Statement shall be deemed to be true and correct for all intents and purposes and accepted as such by User and the User shall not be entitled to dispute the same. mpurse would be deemed to have delivered the Statement to User, immediately on the User receiving notice of the e-mail containing the Statement as an attachment and/or notice of the availability of the Statement.
(q) Limits for transactions using mpurse Wallet are as follows:
(i) Currency of issue: Indian Rupees only.
(ii) Cash withdrawal: Cash withdrawal and redemption of balance from mpurse Wallet A/c is prohibited under RBI Regulations.
(iii) Transferability: RBI Regulations prohibit transfers of Accounts from a User to any third party;
(iv) Validity period: 3 (three) years from the date of registration;
(v) Maximum permissible period of no use of a mpurse Wallet A/c: As mentioned at Clause 5.10(e) below;
(vi) Re-load, uses of funds and no. of transactions: As per the limits prescribed by RBI from time to time.
(a) The terms and conditions related to any such fees that We may charge to the Users for the transaction in his mpurse Wallet A/c shall be disclosed by mpurse on mpurse App or web.
(b) We reserve the right to modify the fees for our Services in future subject to prior information to the User.
(a) In the event that You desire a refund of any amount that has been debited from Your mpurse Wallet A/c, You agree to take up Your request directly with the Merchant / receiver. mpurse does not assume any liability whatsoever for any dispute / disagreement between the Merchant / receiver and You. Provided however, that In the event the goods or services are purchased from mpurse by the User using the mpurse Wallet A/c, mpurse may facilitate settlement of dispute for such goods or services and refund the amount so debited to the account of the User after due verification / deliberation;
(b) You agree that in the event of any refund from Merchant / receiver, the amount of refund shall be credited to the same mpurse Wallet A/c from where the same amount was debited.
(a) 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.
(b) In order to comply with RBI Regulations, We reserve the right to review Your mpurse Wallet A/c 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 mpurse Wallet A/c, We reserve the right to terminate Your mpurse Wallet A/c with immediate effect.
(a) If We have reason to believe that any payment instructions made on Your mpurse Wallet A/c have been fraudulently made, We will suspend and deny You access to Your mpurse Wallet A/c 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;
(b) Please note that we are reliant on a number of third parties such as banks and Merchants / receiver while conducting the investigation. However, we will make every reasonable effort to conclude the investigation at the earliest;
(c) Upon conclusion of the investigation and based on its results, we may be required to terminate Your mpurse Wallet A/c with immediate effect, in accordance with these T&Cs.
(a) We reserve the right to modify, terminate or suspend Services to You at any time without assigning any reason whatsoever. However, in such an event the User shall be permitted to redeem the balance outstanding of his mpurse Wallet A/c within the expiry date unless specifically prohibited by Authority;
(b) You may request for termination of Services at any time by submitting a request. We will make every effort to respond to Your request for termination of Service at the earliest;
(c) You will remain responsible for all transactions that occurred prior to termination of Your mpurse Wallet A/c.
(d) Please note that We are prohibited under RBI Regulations from returning to You any balance existing in Your mpurse Wallet on the date of termination of Service;
(e) "Expiry" of Your mpurse Wallet A/c will occur on the happening of any of the following circumstances:
(i) Expiry of a period of 180 (one hundred and eighty) days between the date of successful registration of Your Account and no use of Services; or
(ii) Expiry of a period of 360 (Three hundred and sixty) days from the date on which the last transaction was performed.
(f) We will inform You via Your RID (if provided by You) and RMN 45 (Forty Five) days prior to the Expiry of Your mpurse Wallet A/c;
(g) Please note that on the date of Expiry, Your Account will be terminated and any remaining balance in Your mpurse Wallet A/c will be forfeited to Us.
(a) Except for Our limited role in processing payments that the User 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;
(b) We may use the services of one or more third parties to provide the Service and process Your transactions;
(c) 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 Merchants and cannot be involved in any disputes between a Merchant and the User regarding the same. It is further clarified that 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;
(d) In the event the goods or services are purchased from mpurse by the User using the mpurse Wallet A/c, mpurse may facilitate settlement of dispute for such goods or services and refund the amount so debited to the account of the User after due verification / deliberation;
(e) 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, unless specifically agreed by Us in writing on case to case basis. Specifically, We disclaim any and all warranties including, but not limited to any warranties concerning the availability, accuracy, usefulness, compatibility, reliability, correctness or completeness of information, and any warranties of title, warranty of non-infringement, freedom from computer / device 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;
(f) 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;
(g) 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.
(h) 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 mpurse Wallet A/c and You will be liable and responsible for the same.
(i) We will take every reasonable effort not to share any of the 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.
(a) Every User agrees to the following:
(i) He will not "stalk" or otherwise harass another User;
(ii) He does not and will not infringe any third party's intellectual property, trade secret, other proprietary rights, rights of publicity or privacy;
(iii) He will not be defamatory, libelous, unlawfully threatening or unlawfully harassing in his communications with Us or other Users;
(iv) He will not be indecent, obscene in his communications with Us or other Users;
(v) 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;
(vi) 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;
(vii) 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.
(viii) He will not create liability for Us or cause Us to lose (in whole or in part) goodwill or business; and
(ix) 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.
(x) He will not hold mpurse liable on account of mpurse acting in good faith on any instructions given by User or on account of delay or inability on the part of mpurse to act immediately or at all on any of the User’s instructions.
(xi) User hereby expressly consents and permits mpurse to collect, store, communicate and process information relating to the Account, Personal Information of the User, and all transactions carried out therein by mpurse for the provision of any service, for business development, data processing, statistical and risk analysis purposes and for compliance with any Law or regulation or as required by or for the purposes of any court, legal process, audit or investigation by any Authority. User’s consent shall be effective notwithstanding any applicable non-disclosure agreement and User acknowledges that Confidential Information may be transferred to person which do not have strict data protection or data privacy laws.
(b) These T&Cs may be modified from time to time, discontinued temporarily or permanently by Us;
(c) You can review the most current version of these T&Cs at any time at https://mpurseservices.com;
(d) 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.
6.1 You agree to defend, indemnify and hold harmless mpurse, group company, Partner Bank, our independent contractors, Payment System Providers and our directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys; fees) arising out of or related to
(a) any actual or alleged breach of these Terms and Conditions or any other terms, policies or guidelines provided by us, Payment System Providers or Card Associations;
(b) any actual or alleged violation of applicable laws or rules of any payment card association, network or company;
(c) your wrongful or improper use of the services; or (d) your violation of the rights of any third party.
7.1 In no event shall we, our directors, employees or agents, be liable to You for any direct, indirect, incidental, consequential, punitive, special or exemplary damages or for any damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use or inability to use the services, including without limitation any damages caused by or resulting from reliance by you on any information obtained from us or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to our records, programs or services.
7.2 In no event shall our aggregate liability, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use or inability to use the services exceed any fee, you pay to us, if any, to access or use the services. In addition, we shall not be liable for errors You make in using the Service, including the following:
· You erroneously direct us to submit a payment instructions to a Merchant multiple times; or
· You direct us to submit the wrong amount to a Merchant; or
· You direct us to submit a payment instruction for a wrong Merchant; or
· You provide us with incorrect or incomplete information; or
· You do not update Your App to the latest version
Any of the above issue(s) needs to be taken up directly with the Merchant.
7.3 You understand and acknowledge that we do not have control of, or liability for, the goods or services that are paid for via the Service.
7.4 The liability of the Mpurse or User for any unauthorized transaction shall be:
7.4.1. Zero Liability of a User - A customer’s entitlement to zero liability shall arise where the unauthorized transaction occurs in the following manner:
(a) Contributory fraud/ negligence/ deficiency on the part of Mpurse (irrespective of whether or not the transaction is reported by You)
(b)Third party breach where the deficiency lies neither with Mpurse nor with You but lies elsewhere in the system, and You notifies Mpurse within three working days of receiving the communication from bank regarding the unauthorised transaction.
7.4.2. Limited Liability of a User - You shall be liable for the loss occurring due to unauthorised transactions in the following cases:
(a) In cases where the loss is due to Your negligence, such as where You have shared the payment credentials, You will bear the entire loss until You reports the unauthorised transaction to Mpurse. Any loss occurring after the reporting of the unauthorised transaction shall be borne by Mpurse.
(b) In cases where the responsibility for the unauthorised electronic payment transaction lies neither with the Mpurse nor with You, but lies elsewhere in the system and when there is a delay (of four to seven working days after receiving the communication from the Mpurse) on Your part in notifying Mpurse of such a transaction, the liability of the customer shall be limited to the transaction value or INR 10,000/- per transaction whichever is lower.
7.4.3. In case You notify Mpurse after seven working days of receiving the communication from the Mpurse regarding the unauthorized transaction, Mpurse shall evaluate and determine the same as per the Mpurse’s board approved policy.
(Click here for more details of Board Approved Policy of Mpurse)
# The number of days mentioned above shall be counted excluding the date of receiving the communication from Mpurse.
7.5 Some jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions or limitations may not apply. You agree that, if you are dissatisfied with the services or any portion thereof, your exclusive remedy shall be to stop using the services.
Mpurse shall credit the amount involved in the unauthorised electronic payment transaction to Your wallet account within 10 days from the date of such notification by You.
Mpurse shall also ensure that complaint is resolved and liability of the User, if any, established within the timeline as specified in Mpurse Board approved policy, but not exceeding 90 days from the date of receipt of the complaint by Mpurse. In case Mpurse in unable to resolve the complaint or determine Your liability, if any, within 90 days, the amount as prescribed in clause 7.4 above shall be paid to You, irrespective of whether negligence is on Your part or otherwise.
9.1. Any notice or other communication regarding our Offerings shall be sent to the User on Your RMN and / or RID (if provided). 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 ‘do not call registry’.
9.2. The User shall notify mpurse, without delay of any change in his/her RID and / or RMN.
mpurse shall not be liable for any losses caused by its inability or delay in providing all or any Service or fulflling any of mpurse’s obligations hereunder, either wholly or in part, caused by or in connection with any force majeure events including, but not limited to, restrictions on transferability, riot, disturbance, strikes, lock-outs, bandhs, war, civil strife, burglary, theft, dacoity, accident, technical fault including problems related to computers, accessories, softwares, printers, fax machines, Internet, telephone system and such related hardware and software beyond the control of mpurse, breach of trust by any authorized persons, flood, fire, earthquake, act of God, act of any government, change in regulation or law and other allied acts of regulatory or statutory nature or if the performance of such obligation or provision of such service would result in the breach of any law, regulation or other requirement of any governmental or other Authority or on account of any other restriction or requisition or other circumstances or events whatsoever beyond the control of mpurse. The opinion of mpurse shall be considered final in this regard.
The laws of India will govern these T&C and the same shall be subject to the exclusive jurisdiction of the appropriate courts at New Delhi.
12.1. In the event that User would like to share any suggestion, opinion, feedback, scope of improvement or any complaint on any of mpurse’s Services / Offerings, then the User may raise a query by way of a call on our customer care no. +91 9711302264.
For any further escalation, the User may contact our Grievance Redressal Officer, at firstname.lastname@example.org or call at +91 120 4399865 between 09:00 AM and 06:00 PM or write at Grievance Officer, mpurse services pvt. ltd., A/8A, Knowledge Boulevard, Tower B, 5th Floor, Sector 62, Noida, Gautam Buddha Nagar, Uttar Pradesh – 201309.