These Standard Terms and Conditions written on this webpage shall manage your use of our website & App, Global Investro, GIRetail & GIWALLET accessible at https://www.globalinvestro.com.
These Terms will be applied fully and affect to your use of this Website/App. By using this Website/App, you agreed to accept all terms and conditions written in here. You must not use this Website/App if you disagree with any of these Website/App Standard Terms and Conditions.
Minors or people below 18 years old need guardians to use this website/App.
Other than the content you own, under these Terms, ALBASHAR TECHNOLOGIES PRIVATE LIMITED and/or its licensors own all the intellectual property rights and materials contained in this Website/App.
You are granted limited license only for purposes of viewing the material contained on this Website/App.
You are specifically restricted from all of the following:
1- publishing any Website/App material in any other media;
2- selling, sublicensing and/or otherwise commercializing any Website/App material;
3- publicly performing and/or showing any Website/App material;
4- using this Website/App in any way that is or may be damaging to this Website/App;
5- using this Website/App in any way that impacts user access to this Website/App;
6- using this Website/App contrary to applicable laws and regulations, or in any way may cause harm to the Website/App, or to any person or business entity;
7- engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website/App;
8- using this Website to engage in any advertising or marketing.
9- Certain areas of this Website/App are restricted from being access by you and ALBASHAR TECHNOLOGIES PRIVATE LIMITED may further restrict access by you to any areas of this Website, at any time, in absolute discretion. Any user ID and password you may have for this Website/App are confidential and you must maintain confidentiality as well.
In these Website/App Standard Terms and Conditions, "Your Content" shall mean any audio, video text, images or other material you choose to display on this Website/App. By displaying Your Content, you grant ALBASHAR TECHNOLOGIES PRIVATE LIMITED a non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.
Your Content must be your own and must not be invading any third-party’s rights. ALBASHAR TECHNOLOGIES PRIVATE LIMITED reserves the right to remove any of Your Content from this Website at any time without notice.
This Website/App is provided "as is," with all faults, and ALBASHAR TECHNOLOGIES PRIVATE LIMITED express no representations or warranties, of any kind related to this Website or the materials contained on this Website/App. Also, nothing contained on this Website/App shall be interpreted as advising you.
In no event shall ALBASHAR TECHNOLOGIES PRIVATE LIMITED, nor any of its officers, directors and employees, shall be held liable for anything arising out of or in any way connected with your use of this Website/App whether such liability is under contract. ALBASHAR TECHNOLOGIES PRIVATE LIMITED, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website/App.
For B2CAll sales of Recharge are final and there will be no refund or exchange permitted. Please be advised that You are responsible for the mobile number or DTH account number you purchase Recharge for and all charges that result from those purchases. Albashar Technologies Private Limited is not responsible for any purchase of Recharge for an incorrect mobile number or DTH account number. However, in a case where a transaction has been completed by you on the Site, and money has been charged to your card or bank account but a Recharge has not delivered within 24 hours of your completion of the transaction then you may inform us by sending us an email on firstname.lastname@example.org or posting us a message on the Support/Help page. In such a scenario you will be entitled to a full refund. We request you to include in the email the following details - the mobile number or DTH account number, operator name, Recharge value, Transaction date and Order Number Albashar Technologies Private Limited shall investigate the incident and if it is found that money was indeed charged to your card or bank account without delivery of the Recharge then you will be refunded the money within 7 working days from the date of the receipt of your email.
For B2BAny top-up payment / advance payment which is received from retailers / distributors deposit the advance payment to his retail account for, the retailer / distributor does not use the amount for goods & services and he wants his payment to return in this case after one month of deposit, retailer need to give refund request to us, once we will get refund request from the retailer, the balance amount will be refunded within 15 to 20 working days via same source.
You hereby indemnify to the fullest extent ALBASHAR TECHNOLOGIES PRIVATE LIMITED from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.
If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.
ALBASHAR TECHNOLOGIES PRIVATE LIMITED is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis.
The ALBASHAR TECHNOLOGIES PRIVATE LIMITED is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
These Terms constitute the entire agreement between ALBASHAR TECHNOLOGIES PRIVATE LIMITED and you in relation to your use of this Website, and supersede all prior agreements and understandings.
These Terms will be governed by and interpreted in accordance with the laws of the State of in, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Uttarakhand for the resolution of any disputes.
(a) excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company's literature; and (b) excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
Albashar Technologies Private Limited,
Seer Gotiya, near Indira Chowk, Rudrapur, U.S Nagar,
Uttarakhand - 263153, India
THIS DOCUMENT IS PUBLISHED IN COMPLIANCE OF AND SHALL BE GOVERNED BY INDIAN LAW, INCLUDING BUT NOT LIMITED TO (I) THE INDIAN CONTRACT ACT, 1872; (II) THE INFORMATION TECHNOLOGY ACT, 2000, THE RULES, REGULATIONS, GUIDELINES AND CLARIFICATIONS FRAMED THEREUNDER; (III) THE PAYMENT AND SETTLEMENT SYSTEMS ACT, 2007 AND APPLICABLE RULES, REGULATIONS AND GUIDELINES MADE THEREUNDER.
THIS TERMS AND CONDITIONS IS A LEGALLY BINDING DOCUMENT BETWEEN YOU AND GIWALLET (BOTH TERMS DEFINED BELOW). THE TERMS OF THIS DOCUMENT WILL BE EFFECTIVE UPON YOUR ISSUANCE OF GIWALLET ACCOUNT BY GIWALLET OR YOUR USAGE OF THE GIWALLET ACCOUNT AND WILL GOVERN THE RELATIONSHIP BETWEEN YOU AND GIWALLET FOR THE USE OF GIWALLET ACCOUNT AND SERVICES (DEFINED BELOW). THESE TERMS ARE IN ADDITION TO AND NOT IN DEROGATION WITH TERMS AND CONDITIONS OF ANY OTHER PRODUCT OR SERVICES OF GIWALLET.
Before Albashar Technologies Private Limited issues You the GIWALLET Account or before You use the GIWALLET Account, please read these TERMS & CONDITIONS carefully.
By offering to acquire, accepting or using GIWALLET Account, You are unconditionally agreeing to the Terms and Conditions set out below with Albashar Technologies Private Limited and will be bound by them.
By agreeing to these Terms and Conditions, You represent the following:
1.1 You must register with us and open a GIWALLET account ("GIWALLET") in order to use the services. We allow both individuals and Legal Entities to register with GIWALLET. You agree to: (a) provide only current, accurate and complete information about yourself in the course of registering to use the services (such information being the "Registration Information"); and (b) maintain and promptly update the Registration Information, as necessary, to keep it true, accurate, current and complete at all times. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the services (or any portion thereof) and you will not have any cause of action against us for such suspension or termination of your account.
1.2 You represent that you are the legal owner of, and that you are authorized to provide us with, all Registration Information, account information and other information necessary to facilitate your use of the services. For registration of your business, you are permitted to apply and enroll only if you represent a legitimate business and have the authority to enter into these Terms and Conditions on behalf of the business. You represent and warrant that you are duly authorized by the business entity to accept these Terms and Conditions and have the authority to bind such business entity to the terms and conditions given in these Terms and Conditions. Further, you represent and warrant that the business entity will continue its acceptance through the then authorized signatories, the terms of these Terms and Conditions may be modified from time to time as long as such business entity continues using the services.
1.3 You further represent and warrant that the business entity has all the requisite consents, approvals, certificates, agreements, registrations and licenses in accordance with the laws, regulations, rules and guidelines in force in India from time to time.
2.1 By creating/opening a GIWALLET Account, you represent and confirm that you are (a) 18 (eighteen) years of age or older; (b) not 'incompetent to contract' within the meaning of the Indian Contract Act, 1972; and (c) entering into and performing this Terms and Conditions, as per applicable law.
2.2 You further represent and confirm that you are not a person debarred from using the GIWALLET sites/Mobile App and/or receiving the services under the laws of India or other applicable laws.
2.3 Your right to access and use the sites and the services is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the sites and services for lawful purposes.
3.1 As part of the GIWALLET registration process, your mobile number will be your username and you will create a password for your GIWALLET Account. Your password should not contain any details about you that are easily available or identifiable. You are responsible for maintaining the confidentiality of the password and the GIWALLET Account. For security purposes, we recommended that you memorize your password and do not write it down. You agree not to disclose these credentials to any third party. Any person to whom you give your password will have full access to your payment information, and you assume all risk of loss resulting from any such access. All information and instructions received from your GIWALLET Account will be deemed to have been authorized by you and the recipients of this information shall rely on its authenticity based on the use of your password. You will be responsible for all actions taken by anyone accessing the services using your mobile number and password.
3.2 In the event of any dispute between two or more parties as to ownership of a particular GIWALLET Account, you agree that GIWALLET will be the sole arbiter of such dispute. GIWALLET’s decision (which may include termination or suspension of any account subject to dispute) will be final and binding on all parties.
4.1 We may share some or all of the information you provide with the Payment System Providers, Card Associations, issuing Banks, Partner Bank, Nodal Banks, Merchants/ Billers (defined hereinafter) and other statutory, regulatory and governmental authorities. By accepting these Terms and Conditions, you authorize GIWALLET to request for supplemental documentation at any time (before or after your GIWALLET Account has been activated), in order to verify your identity, the accuracy of the information provided. If we cannot verify that this information is accurate and complete, we may deny your use of the services, or close your GIWALLET Account at any time. At any time, GIWALLET and/or the Payment System Providers may conclude that you will not be permitted to use the services.
5.1 We provide online payment facilitation services. Through the GIWALLET aggregate payment gateway services, we facilitate you in making payments to our registered merchants/sellers ("Merchants") for purchase of goods and services or to our registered billers ("Billers") for paying your bill using your debit card, credit card, net banking and any other acceptable modes of payment mechanism provided by us. These transactions are between the Merchants/Billers and you. We are only acting as an intermediary. We facilitate the collection of payments from you and facilitate the settlement of such payments to the respective Merchant/Biller. We are not involved in the clearing or payment of the transaction. In order to serve in this role, we have entered into agreements with various Nodal Banks, Payment System Providers, as defined under the Payment and Settlement Systems Act, 2007, Card Associations and other payment processing system providers, to enable use of internet payment gateways developed by/for them in order for them to effect payments between you and the Merchants/Billers and provide clearing, payment and settlement services with respect to your transaction. It is to be clarified that the payment instructions are authenticated, authorized and processed by the Card Associations and your issuing bank through the Payment System Provider’s payment gateway and we do not have any role in the same.
5.2 In addition, we provide value added services such as bill presentment, bill reminders, and dashboard for transparency of transactions, Cashbacks and discounts etc. As a part of the service offerings, we also facilitate distribution and marketing of prepaid payment instruments by the name of GIWALLET issued by Eko India Financial Services Pvt. Ltd ("Partner PPI Holder") and GoProcessing Limited (ICICI Bank BC Partner) and marketed and distributed by GIWALLET on the sites/Application. This GIWALLET Balance may only be used on the GIWALLET site/Application(s) to make payments for goods and services purchased from registered merchants or make bill payments to registered billers or for transfer of funds or for any such other reasons as mutually agreed from time to time. If you avail the services of the GIWALLET, you agree and accept the terms and conditions provided on the website www.globalinvestro.com & www.giwallet.in
5.3 Use of our services may be available through a compatible mobile device or other device, Internet and/or network access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider.
5.4 GIWALLET MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO:
7.1 As you will be using the services of Payment System Providers and Card Associations to process your payment instructions, you consent and agree to comply with the rules, guidelines, directions, instructions, requests, etc. (" Guidelines") made by the Payment System Providers and Card Associations from time to time. Notwithstanding our assistance in understanding the Payment System Providers and Card Association Guidelines, you expressly acknowledge and agree that you are assuming the risk of compliance with all applicable Guidelines. You further acknowledge that the Payment System Providers, Card Associations and your issuing bank may also put limitations and restrictions on you, at its sole discretion. You are responsible for keeping yourself up -to- date and compliant with all such Guidelines. In addition, the Payment System Providers and Card Associations have the right to reject payments made by you for any reason whatsoever. If you fail to comply with your obligations towards the Payment System Providers, we may suspend or terminate your GIWALLET Account.
8.1 You understand that the Payment System Providers and/or Card Association and/or your issuing bank may reject authentication and/or authorization of transaction placed by you for any reason including but not limited to insufficient funds, incorrect authentication details provided, expired card/bank account, risk management, suspicion of fraudulent, illegal or doubtful transactions, selling of banned items, use of compromised cards or bank account numbers, use of banned/blacklisted cards or bank account numbers, use of suspicious API or in accordance with the RBI, Acquiring Banks, Issuing Institution and/or Card Association rules, guidelines, regulations, etc. and any other laws, rules, regulations, guidelines in force in India.
8.2 You further acknowledge that as a security measure we and/or the Payment System Providers may at our sole discretion, permanently or temporarily, block any card number, account numbers, group of cards or transactions from any specific blocked or blacklisted cards /, accounts, specific, group of IP addresses, devices, geographic locations and / or any such risk mitigation measures it wishes to undertake.
8.3 As a risk management tool, we and/or the Payment System Providers reserve the right to limit or restrict transaction size, amount and/or monthly volume at any time. We will consider a variety of factors in making a decision and such determination will be at our sole discretion.
9.1 When your payment instructions are successfully processed with respect to a transaction, we will update your GIWALLET activity and provide you with a transaction confirmation. This confirmation will serve as your receipt. You acknowledges that we will only release the transaction confirmation upon receiving confirmation with respect to the authentication, authorization and processing of such Transaction (your bank account or debit or credit card being debited or charged) from the Payment System Provider (" Transaction Confirmation").We will not be responsible for any transactions that have not been confirmed to us by the Payment System Providers.
9.2 The summary of your transaction history is available on your GIWALLET Account. Except as required by law, you are solely responsible for
10.1 In an effort to manage our risk, we may monitor your transactions and processing activity for high-risk practices or for fraudulent transactions. We may also engage third-party service providers to assist in these efforts and other elements of the service. If we believe there is suspicious or unusual activity, we may temporarily or permanently suspend your access to the Service. Suspicious or unusual activity includes, but is not limited to changes in your average transaction amount or processing pattern or use of different payment accounts.
12.1 Unauthorized access to your financial information: To help prevent unauthorized access to your personal financial information, You agree to:
12.2 You are solely responsible for any unauthorized access to your personal or financial information that result from your failure to properly follow the Security Procedure detailed in these Terms and Conditions. GIWALLET will not be liable for any loss, damage or other liability arising from your failure to comply with the terms and conditions herein or from any unauthorized access to or use of your GIWALLET Account. We will also have no liability and you agree to assume all risk of loss that arises out of or relates to any loss or theft of your device or any information contained within any device.
12.3 Risks: The use of a device such as mobiles, tablets and laptops involves risks as also does the usage of the internet. For example, sensitive personal information or financial data that is transmitted from or to a device or internet may be intercepted and used by third parties without your knowledge. Viruses, spyware and other "malicious code" can also be downloaded to your devices without your knowledge. By using a device and internet to access the Sites, you assume all of those risks and agree that we will have no liability whatsoever to you for any loss or theft (including identity theft) occurring as a result of such risks.
12.4 PCI DSS AND ISO Certification: We provide Payment Card Industry (PCI) Data Security Standard (DSS) certified services. We have implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
12.5 Encryption: Data transferred via the sites is encrypted in an effort to provide transmission security. Notwithstanding our efforts to ensure that the sites are secure, you acknowledge that mobile transmissions and the Internet are inherently insecure and that all data transfers, occur openly and potentially can be monitored and read by others. We cannot and do not warrant that all data transfers utilizing our sites will not be monitored or read by others.
12.6 Additional Security Procedures: We may from time to time use reasonable additional or alternative procedures to ensure the security and confidentiality of your payment transactions through our sites. At all times you agree to comply with all security procedures we may impose in connection with your use of the sites. You agree that all security procedures we use are commercially reasonable, and to the extent allowed by law, you assume all risk of loss for unauthorized transactions where we have followed our then-current security procedures.
12.7 Duty of Reasonable Care: We will exercise good faith and reasonable care in processing your transactions in accordance with these Terms and Conditions. You will similarly exercise good faith and reasonable care in:-
12.8 Dropped calls, lost signals: If the internet connection to your device is interrupted or disconnected at any time before signing off, you must confirm that your payment requests have been received by us. We are not responsible for disconnections or interruptions in service or for failing to complete any payment request that we have not received as a result of any disconnection or interruption of the internet connection on your device.
12.9 Compatibility: The protocol that we use may be different from that used by your device or internet carrier. We make no representations or warranties that your device or any carrier will be compatible with our system requirements or otherwise allow you to make payment requests using the Sites.
13.1 All obligations with respect to the delivery of goods and services and/or acknowledgement of payment will be solely that of the Merchant/Biller and not of GIWALLET. Notwithstanding the dispute resolution assistance provided by GIWALLET, all disputes regarding quality, merchantability, non-delivery, and delay in delivery or otherwise will be directly between you and the Merchant/Biller without making us and/or the Payment System Providers, a party to such disputes.
13.2 We make no representations or guarantees regarding Merchants/Billers utilizing our services. Use of our services in no way represents any endorsement by us of a Merchants/Billers existence, legitimacy/legality, ability, policies, practices, beliefs as well as the Merchants/Billers goods and services or reliability. The Merchant alone will be responsible to you and we will not have any responsibility or liability towards you in this respect.
13.3 The relationship between us and the Merchants/Billers is on a principal-to-principal basis. We have no connection or interest of whatsoever nature in the business of the Merchants/Billers or the goods/services offered / marketed by the Merchant/Biller. We do not in any manner take part in their business, directly or indirectly and are nowhere concerned or connected to the revenue of the Merchants/Billers. We will only provide payment aggregator services to the Merchant/Buyer in our capacity as an intermediary. For the use of our services, the Seller/Merchant pays us Fees as posted on our website and we are nowhere connected or concerned about the revenues of the Seller/Merchant or the Payment System Providers.
13.4 Further it is not our responsibility to monitor in any manner the use of the payment mechanisms by you for purchasing goods and services from the Merchant or aiming your bill payment to the Billers. You are using the payment mechanisms at your sole option and risks.
14.1 We grant you a personal, limited, non-exclusive, revocable, non-transferable license, without the right to sublicense or assign, to electronically access and use the services solely to access and use the services for their intended purpose of enabling you to instruct a payment transaction, view your GIWALLET Account and use other valued added services. You will be entitled to download updates to the services, subject to any additional terms made known to you at the time, when we make these updates available. All other uses are prohibited.
14.2 While we want you to enjoy the services subject to these Terms and Conditions, you should not yourself or permit any third party to do any of the following:
14.3 Any use of the services other than as specifically authorized herein may result in, among other things, termination or suspension of your right to use the services. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms and Conditions shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time, and will continue until such time as you cease to use or access the Services or your use or access to the Services is terminated by us.
15.1 The services are protected by copyright, trademarks, patents, trade secret and/or other intellectual property laws. We own the title, copyright and other worldwide intellectual property rights in the services and all copies of the services. In addition, this Terms and Conditions does not grant you any rights to the intellectual property rights in the services;
15.2 In addition, "GIWALLET", "giwallet.in", " GIWALLET Application", and any other name, brand name, logo, wordmark, trademark, service marks, slogan of GIWALLET are trademarks of GIWALLET or of our affiliates, group company, service providers, etc. and shall not be copied, imitated or used, in whole or in part, without our prior written permission or the applicable trademark holder.
15.3 You shall not use any metatags or any other "hidden text" utilizing "GIWALLET" or any other name, trademark or product or service name of GIWALLET without our prior written permission. In addition, the look and feel of the services, including all page headers, custom graphics, button icons and scripts, the service mark, user interface, trademark and/or trade dress of GIWALLET and may not be copied, imitated or used, in whole or in part, without our prior written permission.
15.4 Nothing contained herein authorizes you to use or in any manner exploit any intellectual property rights of ours or our affiliates, group companies, service providers, the Payment System Providers, without our prior written consent, expect where consent is already provided under these Terms and Conditions.
15.5 You may choose to, or we may invite you to, submit comments or ideas about the Services, including without limitation about how to improve the Service or our products. By submitting any idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place us under any fiduciary or other obligation, and that we are free to use the idea without any additional compensation to you, and/or to disclose the idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, we do not waive any rights to use similar or related ideas previously known to us, or developed by our employees, or obtained from sources other than you.
16.1 Coupon redemption is purely subjected to standard and specified terms and conditions mentioned by the respective issuer of the coupon. Coupons are issued on behalf of the respective issuer of coupons. We cannot be held liable for any damages, injuries, losses incurred by the end you by use / non-use of such coupon.
17.1 If you avail any offers, discounts, cashbacks, coupons and referral programs, etc. ("Offers") provided by us or our partner, you are agreeing to comply with and accept the terms and conditions provided in respect of such Offers. Further, you understand that all terms and conditions provided with respect to any Offer shall form part of these Terms and Conditions and shall be read in conjunction with these Terms and Conditions.
18.1 We may from time to time provide automatic alerts and voluntary GIWALLET or payment related alerts. Further automatic alerts may be sent to you following certain changes to your GIWALLET Account or information, such as a change in your Registration Information.
18.2 Voluntary account alerts may be turned on by default as part of the Services. We may add new alerts from time to time, or cease to provide certain alerts at any time upon our sole discretion. Each alert has different options available, and you may be asked to select from among these options.
18.3 By accepting the terms and conditions and/or using the services, you accept that we may send the alerts to your registered mobile phone number and/or registered email id. 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 you may not get / get after delay any alerts sent during such period.
18.4 Electronic alerts will be sent to the email address provided by you as your primary email address for the services. If your email address changes, you are responsible for informing us of that change. You can also choose to have alerts sent to a mobile device that accepts text messages. Changes to your email address or mobile number will apply to all of your alerts.
18.5 We will make best efforts to provide the Service and it shall be deemed that you shall have received the information sent from us as an alert on your registered mobile phone number or email id and we shall not be under any obligation to confirm the authenticity of the person(s) receiving the alert. You cannot hold us liable for non-availability of the service in any manner whatsoever.
18.6 You acknowledge that the SMS service or email service provided by us is an additional facility provided for your convenience and that it may be susceptible to error, omission and/ or inaccuracy. In the event you observe any error in the information provided in the alert, you shall immediately inform us about the same. We will make best possible efforts to rectify the error as early as possible.
18.7 You further acknowledge that the clarity, readability and promptness of providing the service depend on many factors including the infrastructure, connectivity of the service provider. We shall not be responsible for any non-delivery, delayed delivery or distortion of the alert or for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert in any way whatsoever. Because alerts are not encrypted, we will never include your passcode. However, alerts may include your user name and some information about your GIWALLET Accounts. Depending upon which alerts you select, information such as a GIWALLET Account balance or the due date for your bill payment may be included. Anyone with access to your email will be able to view the content of these alerts.
18.8 You agree to indemnify and hold us harmless and the SMS/email service provider including its officials from any damages, claims, demands, proceedings, loss, cost, charges and expenses whatsoever including legal charges and attorney fees which we and the SMS/email service provider may at any time incur, sustain, suffer or be put to as a consequence of or arising out of:
18.9 You also agree to receive information regarding what we perceive to be of your interest based on your usage history via SMS, email & phone call. This includes offers, discounts and general information.
18.10 By accepting the terms and conditions you acknowledge and agree that GIWALLET may call the mobile phone number provided by you, while registering for the Service or to any such number replaced and informed by you, for the purpose of collecting feedback from you regarding the Services.
18.11 Grievances and claims related to Services should be reported to GIWALLET Support Team in the manner provided on the website/Application.
19.1 You understand that you may be charged a fee with respect to your use of the services. Further, we may also charge a fee with respect to certain optional value added services that you elect to use. The amount of the fee will be displayed to you on the payment page. You agree to pay all such fees and charges as may be applicable to the services you use and authorize us to add the fee to the amount of the bill payment you request or bill you separately for such fees. We agree and accept that reserve the right to change the fee structure from time to time.
20.1 If there is no activity in your GIWALLET Account (including access or payment transactions) for a period of six (6) months, we may close your GIWALLET Account.
22.1 Our Right: We reserve the right, without notice and in its sole discretion, to terminate your access to, and use of, of the services and to block or prevent your future access to, and use of, the services. Upon termination, you must uninstall any copies of the services from your computer and/or mobile or other devices. We will not be liable to you for the termination of the services or for any consequence arising out of termination of the services.
22.2 Your Right: You may terminate these Terms and Conditions by closing your GIWALLET Account at any time. Upon closure of a GIWALLET Account, any pending transactions will be cancelled.
22.3 Force Majeure: We will have the option to suspend or terminate these Terms and Conditions and the services with immediate effect on the occurrence of a force majeure event.
23.1 We will not be liable to you for compensation, reimbursement, or damages in connection with your use of the services, or any termination or suspension of the services. Any termination of this Terms and Conditions does not relieve you of any obligations to pay any fees or costs accrued prior to the termination and any other amounts owed by you to us, and/or the Payment System Providers as provided in this Terms and Conditions.
24.1 The services are provided on an "as is" and "as available" basis. Use of the service is at your own risk. To the maximum extent permitted by applicable law, the services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
24.2 Without limiting the foregoing, we, Payment System Providers, and its processors, (and their respective subsidiaries, affiliates, agents, directors, and employees) do not warrant that the content is accurate, reliable, correct or error free; that the services will meet your requirements; that the services and the Payment System Providers' payment mechanism will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the services is free of viruses or other harmful components; that the hyperlinks will function properly at all times; at any particular time, that information on the services will at all times or at any particular time be correct, complete or timely; or that all portions of the services are secure. We further make no warranty with regards to the products or services that are paid for with the services or the time or date in which scheduled payments are completed with the services.
24.3 Any content downloaded or otherwise obtained through the use of the services is downloaded at your own risk, and you will be solely responsible for any damage to your property or loss of data that results from such download. No advice or information, whether oral or written, obtained by you from us or through the services will create any warranty not expressly stated herein.
24.4 We will not be liable to you for any loss or damage whatsoever or howsoever caused or arising, directly or indirectly, including without limitation, as a result of loss of data; interruption or stoppage of access to payment gateway; interruption or stoppage GIWALLET Sites; non-availability of connectivity links/hyperlinks.
24.5 Our sole obligation and your sole and exclusive remedy in the event of interruption in services or loss of use and/or access to services, will be to use all reasonable endeavours to restore the Services and/or access as soon as reasonably possible.
24.6 The services are controlled and operated from and in India. We make no representations that the services are appropriate or available for use in other locations. Those who access or use the services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable Indian laws, rules, regulations, guidelines including but not limited to export and import regulations and RBI regulations. You should not use the Service if you are a resident of a country embargoed by India, or are a foreign person or entity blocked or denied by the Indian government. Unless otherwise explicitly stated, all materials found on the services are solely directed to individuals, companies, or other entities located in India.
25.1 You agree to defend, indemnify and hold harmless GIWALLET, 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
26.1 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.
26.2 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:
26.3 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.
26.4 Your liability: Except as otherwise provided by law, you will be liable for any loss or damage resulting from your breach of these Terms and Conditions or your negligence, or which resulted from unauthorized, fraudulent, or dishonest acts by others (other than us). You are liable for all payments that you make or which are made or requested under your GIWALLET Account, even if that payment is unauthorized.
26.5 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.
27.1 These Terms and Conditions will be governed by and construed in accordance with the laws of India. You agree that any legal action or proceedings arising out of this Terms and Conditions may be brought exclusively in the competent courts/tribunals having jurisdiction in New Delhi in India and irrevocably submit themselves to the jurisdiction of such courts / tribunals.
28.1 We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the sites or services with or without notice. We may also change the services, including applicable fees, in our sole discretion. If you do not agree to the changes, you may stop using the services. Your use of the services, after implementation of the change(s) will constitute your agreement to such change(s). You agree that we shall not be liable to you or to any third party for any modification, suspensions, or discontinuance of the services.
28.2 We may modify these Terms and Conditions from time to time. Any and all changes to this Terms and Conditions may be provided to you by electronic means (i.e., via email or by posting the information on the sites). In addition, the Terms and Conditions will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Terms and Conditions when you use the services after those changes are posted.
30.1 These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you. We may assign, in whole or in part, the benefits or obligations of these Terms and Conditions. We will provide an intimation of such assignment to you, which will be binding on the parties to these Terms and Conditions.
31.1 We will not be liable for failure to perform under this Terms and Conditions as a result of any event of force majeure like acts of god, fire, wars, sabotage, civil unrest, labour unrest, action of statutory authorities or local or state, central governments, change in laws, rules and regulations, affecting our and/or the Payment System Providers performance.
32.1 Unless otherwise expressly stated in this Terms and Conditions, the failure to exercise or delay in exercising a right or remedy under these Terms and Conditions will not constitute a waiver of the right or remedy or a waiver of any other rights or remedies, and no single or partial exercise of any right or remedy under these Terms and Conditions will prevent any further exercise of the right or remedy or the exercise of any other right or remedy.
33.1 The terms and provisions of these Terms and Conditions that by their nature and content are intended to survive the performance hereof by any or all parties hereto will so survive the completion and termination of these Terms and Conditions.
If any provision of these Terms and Conditions is or becomes, in whole or in part, invalid or unenforceable but would be valid or enforceable if some part of that provision was deleted, that provision will apply with such deletions as may be necessary to make it valid. If any court/tribunal of competent jurisdiction holds any of the provisions of these Terms and Conditions unlawful or otherwise ineffective, the remainder of these Terms and Conditions will remain in full force and the unlawful or otherwise ineffective provision will be substituted by a new provision reflecting the intent of the provision so substituted.
35.1 It is agreed and clarified that this Terms and Conditions is on a non-exclusive basis and the Parties are at liberty to enter into similar terms and agreements with others.
36.1 All notices, requests, demands, waivers and other communications required or permitted to be given under these Terms and Conditions will be in writing to be sent to the following addresses:
THIS DOCUMENT IS PUBLISHED IN COMPLIANCE OF AND SHALL BE GOVERNED BY INDIAN LAW, INCLUDING BUT NOT LIMITED TO (I) THE INDIAN CONTRACT ACT, 1872; (II) THE INFORMATION TECHNOLOGY ACT, 2000, THE RULES, REGULATIONS, GUIDELINES AND CLARIFICATIONS FRAMED THEREUNDER; (III) THE PAYMENT AND SETTLEMENT SYSTEMS ACT, 2007 AND APPLICABLE RULES, REGULATIONS AND GUIDELINES MADE THEREUNDER; AND (IV) RESERVE BANK OF INDIA ACT, 1934 AND THE APPLICABLE RULES, REGULATIONS AND GUIDELINES MADE THEREUNDER FOR THE BANK FOR ISSUANCE AND OPERATION OF PRE-PAID PAYMENT INSTRUMENT AND FOR MONEY TRANSFER.
THIS DOCUMENT IS DISCLOSED IN COMPLIANCE WITH SECTION 21 OF PAYMENT AND SETTLEMENT SYSTEMS ACT, 2007 AND AS REQUIRED TO BE DISCLOSED UNDER POLICY GUIDELINES ON ISSUANCE AND OPERATION OF PRE-PAID PAYMENT INSTRUMENT IN INDIA.
THIS AGREEMENT IS A LEGALLY BINDING DOCUMENT BETWEEN YOU AND THE BANK (BOTH TERMS DEFINED BELOW). THE TERMS OF THIS DOCUMENT WILL BE EFFECTIVE UPON YOUR ISSUANCE OF PRE-PAID PAYMENT INSTRUMENT BY THE BANK OR YOUR USAGE OF PRE-PAID PAYMENT INSTRUMENT AND WILL GOVERN THE RELATIONSHIP BETWEEN YOU AND THE BANK FOR THE USE OF GIWALLET ACCOUNT AND SERVICES (DEFINED BELOW). THESE TERMS ARE IN ADDITION TO AND NOT IN DEROGATION WITH TERMS AND CONDITIONS OF ANY OTHER PRODUCT OR SERVICES OF THE BANK. Before Our PPI Partner/BC Partner issues You the GIWALLET Account or before You use the GIWALLET Account issued by Our PPI partner/BC partner, please read these TERMS & CONDITIONS carefully.
By offering to acquire, accepting or using GIWALLET Account, You are unconditionally agreeing to the Terms and Conditions set out below with our partners and will be bound by them.
2.1. All references to singular include plural and vice versa and the word "includes" should be construed as "without limitation".
2.2 Words importing any gender include the other gender.
2.3 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.
2.4 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.
2.5. These Terms and Conditions shall be independent of the terms and conditions of Merchant(s)' site(s).
2.6. An "authorisation" or "approval" includes an authorisation, consent, clearance, approval, permission, resolution, license, exemption, filing and registration.
3.1.The Prepaid Payment Account will be issued by the Bank to Customer on the request of the Customer and pursuant to the Customer making an application for registration of GIWALLET Account and agreeing to these Terms and Conditions and other applicable terms and conditions in the manner prescribed by the Bank in this regard, provided the Customer has fulfilled the eligibility and Know Your Customer ("KYC") criteria and provided all relevant information and/or documentation request by the Bank.
3.2. A Customer desirous of acquiring a Prepaid Payment Account should apply to the Bank using Website or using Merchant's Site as mentioned on the Website and accept these Terms and Conditions and other terms and conditions as may be specified.
3.3 The Bank reserves the right to reject any application made for issuing a Prepaid Payment Account without assigning any reason.
3.4 In order to acquire register, create and use a Prepaid Payment Account, the Bank may require You to submit certain personal information, such as Your name, mobile phone number, e-mail address, date of birth, preferred language of communication, etc as amended by the Bank from time to time and any other data as per Applicable Law ("Data") . You agree that the Data You provide to the Bank upon registration and at all other times will be true, accurate, current and complete. You shall immediately inform the Bank or its authorized service provider(s) about change in Data along with such proof of change.
3.5 You hereby authorize the Bank, directly or through third parties, to make any inquiries that the Bank may consider necessary to validate Your identity and/or authenticate Your identity and Prepaid Payment Account information. This may include 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 purposes. You agree and understand that the Data as entered by You shall always be maintained by the Bank's authorized service provider(s).
3.6. The collection, verification, audit and maintenance of correct and updated Customer information is a continuous process and the Bank reserves the right, at any time, to take steps necessary to ensure compliance with all relevant and applicable KYC requirements.
4.1. The amount that can be transacted in the Prepaid Payment Account is governed by Applicable Laws including rules, regulations and guidelines laid down by RBI which include monthly limits, transaction limits and balance limits on the Prepaid Payment Account. Subject to any change in Applicable Law including guidelines/notifications issued by RBI from time to time the limitations stated hereunder may be reviewed and modified at the discretion of the Bank without prior intimation to the Customer:
|1.||Currency of Issue||Indian Rupees|
|2.||The maximum Outstanding Balance||The maximum outstanding balance must not exceed INR 10,000/- (Indian Rupees Ten Thousand only) at any point in time|
|3.||Loading or Re-loading funds||The total amount loaded or reloaded in the prepaid payment account during any given month shall not exceed INR 10,000/- (Indian Rupees Five Thousand Only) and the total amount loaded during the financial year shall not exceed Rs 120,000/- (Indian Rupees One Lac Twenty Thousand Only)|
|4.||Debit from prepaid payment account||The total amount debited from the prepaid payment account during any given month shall not exceed INR 10,000/-|
|5.||Cash withdrawal||Cash withdrawal of any amount from prepaid payment accounts is prohibited under RBI regulations.|
|6.||Validity period||It shall have a minimum validity period of twenty four months from the date of activation/issuance or as notified by RBI.|
|7.||Mandatory conversion to Full KYC Wallet||Minimum KYC GIWALLET Account shall be converted to Minimum KYC wallet or Full KYC* Wallet within a period of 24 (twenty four) months from the date of activation/issuance of the Minimum KYC Wallet, failing which no further credit shall be allowed in such Minimum KYC wallet.|
|8.||Making the prepaid payment account inactive||In case of no financial transaction for a consecutive period of 1 (one) year in the Prepaid Payment Account, the Bank shall make the Prepaid Payment Account inactive.|
|8.||Usage of the instrument||The instrument can be used only for purchase of goods and services. Fund transfer to other Wallet(s) or to bank accounts is not permitted.|
|1.||Currency of Issue||Indian Rupees|
|2.||The maximum Outstanding Balance||The maximum outstanding balance must not exceed INR 10,000/- (Indian Rupees Ten Thousand only) at any point in time|
|3.||Funds transfer from prepaid payment account||(a) In case of pre-registered beneficiaries, the fund transfer limit shall not exceed Rs 1,00,000/- (Indian Rupees One Lac Only) per month per beneficiary. (b) for all other cases, fund transfer limit shall not exceed Rs 10,000/- (Indian Rupees Ten Thousand Only) per month.|
|4.||Making the prepaid payment account inactive||In case of no financial transaction for a consecutive period of 1 (one) year in the Prepaid Payment Account, the Bank shall make the Prepaid Payment Account inactive. The same shall be reactivated only after due diligence and validation to the satisfaction of the Bank.|
|5.||Cash withdrawal||Cash withdrawal of any amount from Prepaid Payment Account is prohibited under RBI regulations.|
|6.||Usage of the instrument||The instrument can be used for money transfer, purchase of goods and services.|
4.2 The said Prepaid Payment Account is valid for purchase of Products and Transactions within territory of India in Indian Rupees only.
4.3 Prepaid Payment Account or Services thereunder is not transferable unless required by operation of law.
4.4 The Customer shall be able to use the Prepaid Payment Account only to the extent of the amount loaded onto the Prepaid Payment Account.
4.5 The Prepaid Payment Account shall be activated subject to the such minimum amount being loaded on the Prepaid Payment Account as may be specified by the Bank from time to time and after creation of the GIWALLET account.
4.6 The Customer or any other person permitted to load the Prepaid Payment Account may credit the Prepaid Payment Account through any of the methods prescribed from time to time.
4.7 The Customer may be able to carry out all or any kind of Transactions, as may be available from time to time.
4.8 No cash withdrawal or cash remittance is permissible on the GIWALLET Account. No interest will be payable by the Bank to Customers on the available balance reflected on the GIWALLET Account.
4.9 The Customer is permitted to maintain and operate only one GIWALLET Account. Any suspected non-conformity with this requirement shall be just cause for the suspension/ discontinuation of any/all Prepaid Payment Accounts associated with the Customer.
4.10 The Bank may further as per its discretion introduce appropriate controls over the usage of the Prepaid Payment Account.
5.1 The Customer shall at all times ensure that the GIWALLET account/ Prepaid Payment Account credentials are kept safe and shall under no circumstances whatsoever allow the GIWALLET Account and Prepaid Payment Account to be used by any other individual. You shall be responsible for all facilities granted by the Bank and for all related charges and shall act in good faith in relation to all dealings with the Prepaid Payment Account and the Bank.
5.2 The Customer will be responsible for the security of the Prepaid Payment Account including GIWALLET account and shall take all steps towards ensuring the safekeeping thereof. The Customer shall not disclose his/her/its password to anyone verbally or in writing nor record it elsewhere and if so done, same shall be at Customers’ sole risk and peril.
5.3. The Customer will be liable for all charges incurred on the Prepaid Payment Account until the Prepaid Payment Account is reported for closure. You shall, immediately intimate the Bank of the occurrence of any fraud, hacking or unauthorised use and the Bank may, after due investigations, suspend or terminate the Prepaid Payment Account. It shall be solely Customers responsibility to ensure privacy and confidentiality of Prepaid Payment Account details.
5.4 On creation of Prepaid Payment Account, You will have the opportunity to use various interactive aspects through which You can communicate with us and share information (collectively "Posted Information"). It is important that You act responsibly when providing such Posted Information. Do not use inappropriate language, make gratuitous personal criticisms or comments. When participating in interactive aspects of the Service, please do include all relevant information in a concise manner to help us provide You with a constructive response. You agree and acknowledge that:
5.5. You will notify the Bank at email@example.comfirstname.lastname@example.org upon coming across any objectionable content on the Website and the Bank shall use best efforts to remove such objectionable content within the time period prescribed under Applicable Law.
5.6. The Customer shall inform the Bank in writing within seven (7) days, if any discrepancies exist in the Transactions/ particulars of the GIWALLET Account on any statement / records that is made available to the Customer. If the Bank does not receive any information to the contrary within seven (7) days, the statement and the transactions shall be deemed to be correct and unconditionally and irrevocably binding on You. All records of Your instructions and such other details (including but not limited to payments made or received) maintained by the Bank, in electronic or documentary form pursuant to the Terms and Conditions herein, shall as against You, be deemed to be conclusive evidence of such instructions and such other details. In case of any dispute relating to the time of reporting and/ or Transaction/s made on the GIWALLET Account or any other matter in relation to the said GIWALLET Account, the Bank shall reserve the right to ascertain the time and/ or the authenticity of the disputed Transaction. For customer care contact details, kindly refer to the customer grievance policy available on www.giwallet.in/www.globalinvestro.com.
5.7. You may only use the Services for Transactions with the approved Merchants.
5.8. You must ensure the availability of sufficient funds before executing any Transaction from the Prepaid Payment Account.
5.9. You agree to adhere to all Applicable Laws and all such regulations, guidelines and rules prescribed from time to time by the Bank, RBI and any other regulatory body.
5.10. The Customer agrees that he will not use the Prepaid Payment Account for payment of any illegal/unlawful purchases/purposes.
5.11. You hereby agree and acknowledge that the Prepaid Payment Account is issued, loaded, withdrawn, terminated, closed down, suspended by the Bank only.
5.12. You shall be bound to comply with the terms and conditions and all the policies stipulated by the Bank from time to time in relation to the Prepaid Payment Account. The Bank may, at its sole discretion, refuse to accept the application or to issue a Prepaid Payment Account to the Customer.
5.13. You shall not use the Services for any purpose that might be construed as contrary or repugnant to any Applicable Laws, regulations, guidelines, judicial dicta, the Bank's policies or public policy or for any purpose that might negatively prejudice the goodwill of the Bank.
5.14. You shall be permitted to redeem the outstanding balance in the Prepaid Payment Account , if for any reason the scheme is being wound up or is directed by RBI to be discontinued.
5.15. You shall accept full responsibility for wrongful use of the Prepaid Payment Account and which is in contravention of these terms and conditions. You shall indemnify the Bank and GIWALLET and their respective director, officers, personnel, contractors and agents, to make good any loss, damage, penalties, claims, demand, interest or any other financial charges (including lawyer fees) that the aforesaid persons may incur and or suffer whether directly or indirectly as a result of the Customer committing violations of these terms and conditions.
5.16. The Bank reserves the absolute discretion and liberty to decline or honour the authorization request on the Prepaid Payment Account without assigning any reason thereto.
5.17. The Customer acknowledges and understands that the Services are linked to internet connection (and in case of mobile, mobile phone connection) and the Bank or its authorised service providers shall not be responsible and the Customer is solely responsible for all liability arising from including but not limited to any loss or interruption of the Services or the unavailability of Services due to a mobile or internet not supporting Website or Merchant site(s).
5.18. The Customer acknowledges and understands that the information submitted by the Customer for availing the Services or information submitted while using the Services may be shared with third parties inter alia, to facilitate the provision of the Services.
5.19. The Bank may request the Customer to submit additional KYC information/documents as part of ongoing monitoring and due diligence.
5.20. The Bank may at their sole discretion, utilize the services of external service providers/or agents and on such terms as required or necessary, in relation to GIWALLET Balance and/or Services.
5.21. The Prepaid Payment Account shall not be used for the purchase of crypto currency.
6.1.Except for Posted Information that You submit, all of the information available on or through the Services and/or the Website, including without limitation, text, photographs, graphics and video and audio content, is owned by us and our licensors and is protected by copyright, trademark, patent and trade secret laws, other proprietary rights and international treaties. You acknowledge that the Services and any underlying technology or software used in connection with the Services contain the Bank’s proprietary information. We give You permission to use the aforementioned content for personal, non-commercial purposes only and do not grant, transfer, license any intellectual property rights to You or create any rights in Your favour by virtue of permitting Your use of the Services. You may print, download, and store information from the Website for your own convenience, but You may not copy, distribute, republish (except as permitted in this paragraph), sell, or exploit any of the content, or exploit the Website in whole or in part, for any commercial gain or purpose whatsoever. Except as is expressly and unambiguously provided herein, we do not grant You any express or implied rights.
6.2. THE CUSTOMER UNDERSTANDS THAT THE TERMS AND CONDITIONS PROVIDED ON MERCHANTS SITE(S) SHALL BE INDEPENDENT OF THESE TERMS AND CONDITIONS MENTIONED HEREIN.
7.1 You can use multiple funding sources for loading money in the Prepaid Payment Account. These sources could be but not limited to Cash, Credit Cards, Debit Cards, UPI, Net Banking, and transfer from another GIWALLET.
7.2 The Prepaid Payment Account may also be loaded by transfer of refund money of Transactions carried out using services of Merchant(s) or such other manner as is acceptable to the Bank. The Prepaid Payment Account may also comprise Gift Instruments issued by way of incentives such as cash back, gifts, etc. by Merchant or third parties or such other manner as is acceptable to the Bank.
7.3 The Bank may impose charges/ fees etc., payable by the Customer for availing the said Prepaid Payment Account and funds shall be loaded on the Prepaid Payment Account after deduction of the applicable charges/ fees etc.
7.4 In order to manage risk, the Bank may limit the funding sources available for Your use to fund any particular Transaction.
7.5 The Bank may monitor each Transaction made into Your Prepaid Payment Account to monitor high-risk & fraudulent transactions. If Your Transaction is classified as a high-risk Transaction or is suspected of fraud, the Bank may place a hold on the Transaction and may ask You for more information on You and Your funding source. The Bank will conduct a review and accordingly the Bank will either clear or cancel the Transaction, as per Applicable Law. If the Transaction is cleared, the Bank will notify You and update Your Prepaid Payment Account. Otherwise, the Bank will cancel the Transaction and the funds may be forfeited. The said funds will be refundable only to the source account upon valid demand raised by the holder of source account. The Bank will notify You by email and/or in the account history tab of Your Prepaid Payment Account if the Transaction is cancelled. You agree and understand that the Bank may, as per its internal security policies and regulatory and statutory guidelines, report transactions to appropriate authorities which it classify to be suspicious or fraudulent and the Bank shall not be liable for any loss caused to You for the exercise of such rights by the Bank, even if any such transaction is found to be regular and lawful at a later stage.
7.6 When You load the Prepaid Payment Account, You are liable to the Bank for the full amount of the load plus any fees, if the load is later invalidated for any reason including but not limited to chargeback, reversal of Transaction, dispute by the owner of funding source of a Transaction, You agree to allow the Bank to recover any amounts due to the Bank by debiting Your Prepaid Payment Account. If there are insufficient funds in Your Prepaid Payment Account to cover Your liability, You agree to reimburse the Bank through other means. If the Bank is unable to recover the funds from Your primary funding source, the Bank may attempt to contact You and/or recover the funds from Your alternate funding sources, or may at their discretion, can take appropriate legal actions to collect the amount due, to the extent allowed by Applicable Law. In addition, the Bank reserves the right to suspend or terminate Your Prepaid Payment Account.
8.1 Customers can choose to withdraw the funds available in his GIWALLET Account to any bank account by way of IMPS/NEFT in accordance with guidelines of RBI. However, the Bank may deny such withdrawal in any of the events as specified in Clause 10.2 herein below.
8.2 The Bank reserves the right to delay withdrawals while screening for risk, or request You provide additional information to verify Your identity and may limit the amount You can withdraw until the information is verified.
8.3 Any withdrawal found to be suspicious will be held back and reversed into the GIWALLETt. The Prepaid Payment Account and GIWALLET Account will also be suspended for operations and no Transactions will be possible pending an investigation. A notification will be given to You if You are the subject of an investigation. If You are able to provide a justification for the withdrawal to the satisfaction of the Bank, Your account/Prepaid Payment Account will be removed from suspension and You would be free to transact using the GIWALLET.
8.4 In the case of no information being provided by You for a suspended Prepaid Payment Account, the Prepaid Payment Account will continue to be suspended till its validity and the amount will be forfeited in compliance with guidelines of RBI.
9.1 Under no circumstances shall the Bank or any of its authorised service provider shall be held liable for a delay or failure or disruption of the Service resulting directly or indirectly from, acts of nature, forces or causes beyond its reasonable control including without limitation, internet failures, computer, telecommunications or any other equipment failures, electrical power failures or non-availability, strikes, labour disputes, riots, insurrections, civil disturbances, sabotage, wilful destruction, threat to national security, shortages of labour or materials, fire, flood, heavy rains, storms, explosions, Acts of God, war, governmental actions, orders of courts or tribunals or non-performance of third parties ("Force Majeure").
10.1 Customer has the option to close the Prepaid Payment Account at any time. The closure of such Prepaid Payment Account may be communicated to the Bank over email at email@example.comfirstname.lastname@example.org. Termination will be effective subject to payment of all amounts outstanding on the Prepaid Payment Account. In case the Customer wishes to close the Prepaid Payment Account and there is balance in the GIWALLET, the Customer can request the Bank to transfer the funds to his/her own bank account (duly verified by the Bank) after complying with the KYC requirements.
10.2 The Bank may also restrict, terminate or suspend the use of Prepaid Payment Account at any time without prior notice if the Bank reasonably believes it necessary for business or security reasons. The Prepaid Payment Account must not be used after these Terms and Conditions end or while use of Prepaid Payment Account is suspended.
10.3 The Bank shall, upon adequate verification, block/suspend/close the Prepaid Payment Account and terminate all facilities in relation thereto following the receipt of such intimation and shall not be liable for any inconvenience or loss caused to the Customer in this regard.
10.5 The Bank reserves the right to change the expiry period of the GIWALLET Account as mentioned in 10.4 & 10.5 in line with Applicable Laws.
10.7 Any value in GIWALET which is not utilized or withdrawn within 10 years from the date of issuance will be transferred to the Depositor Education and Awareness Fund. The Bank will send forty five (45) days advance communication to Customer before any forfeiture of outstanding amount in the Prepaid Payment Account by SMS at the mobile number and/or by email at email id which is provided by Customer for use of the Services. It is the responsibility of the Customer to ensure that the information provided by the Customer including the email id and the mobile number is updated at all times.
11.1 You shall be solely liable for entering into any Transaction and the risk arising thereof.
11.2 You accept that at Your request and risk, the Bank has agreed to provide You the Prepaid Payment Account and You accept full responsibility for all Transactions recorded by use of Your Prepaid Payment Account.
11.3 An instruction given by means of the Prepaid Payment Account shall be irrevocable.
11.4 You shall, in all circumstances, accept full responsibility for the use of the Prepaid Payment Account, whether or not processed with Your knowledge or Your authority, expressed or implied unless same is covered as per clause 13
11.5 You irrevocably authorize the Bank to debit the amounts utilized by using the Prepaid Payment Account for Transactions from Your Prepaid Payment Account.
11.6 You should hold the Bank indemnified and harmless for its actions in good faith and in the normal course of business based on Transactions.
11.7 The Bank will employ its best efforts in carrying out the Transactions but will not incur any liability either to the Customer or any other person for any reason whatsoever including for its delay or inability to carry out a Transaction or an instruction.
11.8 Any government charges, or debits, or tax payable as a result of the use of Prepaid Payment Account shall be Your responsibility.
11.9 Amounts due and payable by Customer, if not paid separately shall be recovered by the Bank from the funds available in the Prepaid Payment Account to the extent permitted under Applicable Laws.
11.10 The Bank shall have discretion to not allow You to carry out a Transaction where it has reason to believe that the use of Prepaid Payment Account is not authorized or the Transaction appears ambiguous or unclear or such as to raise a doubt.
12.1 To the extent permitted under Applicable Laws, the Bank may at its sole discretion close or wind up any Prepaid Payment Account Services or amend any of its features with notice to You.
12.2 You hereby agree that, upon any closure or winding up of the Prepaid Payment Account Services, You may redeem the outstanding balance in Your Prepaid Payment Account or transfer the same to any prepaid payment instrument or bank account held/maintained by you with any third party with in such time as may be determined by the Bank, failing which, the Bank may transfer the balance in Your Prepaid Payment Account to Your another prepaid payment instrument issued by such entity having authorisation from RBI and with which the Bank has made appropriate arrangements.
13.2. The cumulative liability of the Bank to You for any and all other claims (other than claims mentioned in Clause 13.1) relating to or arising out of Your use of the Website or Services, regardless of the form of action, exceed INR 1000/- (Indian Rupees One thousand only) or as per applicable law, whichever is lower.
13.3 In consideration of the Bank providing the Customer with the facility of the Prepaid Payment Account, You hereby agree to indemnify and keep the Bank indemnified from and against all actions, claims, demands, proceedings, losses, damages, personal injury, costs, charges and expenses whatsoever (including lawyer's fees) which the Bank or its service providers may at any time incur, sustain, suffer or be put to as a consequence of or by reason of or arising out of directly or indirectly providing the Customer the said facility of the Prepaid Payment Account or by reason of the Bank's acting in good faith and taking or refusing to take or omitting to take action on the Customer's instructions, and in particular arising directly or indirectly out of the negligence, mistake or misconduct of the Customer; breach or noncompliance of the rules/ terms and conditions relating to the Prepaid Payment Account or breach or noncompliance of Applicable Law or fraud or dishonesty relating to any Transaction by the Customer.
13.5 Each party acknowledges that the other party has entered into these Terms and Conditions relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties. The exclusions and limitations of liability contained in this Section 13 shall not apply to damages arising out of or relating to gross negligence or wilful misconduct of a Party; or caused by breach of Applicable Laws, obligation of confidentiality or infringement of intellectual property rights.
14.1 You may not use contact information provided by us or other users or harvest such information for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications such as spam. You may not allow others to use Your account to violate the terms of this section. We may terminate Your membership or access to the Website immediately and take other legal action if You or anyone using Your credentials violates these provisions.
15.1 Certain services on the Website may have additional terms (such as policies, guidelines, and rules) that will further govern Your use of that particular service and supplement these Terms. If You choose to register for or access any such services, You will be presented with any relevant additional terms and conditions at that time. By using those services, You agree to comply with such additional guidelines and rules.
16.2 Any material downloaded or otherwise obtained through the use of the Service is done at each Customer's sole discretion and risk and each Customer is solely responsible for any damage to its computer system or property or loss of data that results from the download of any such material.
16.3 The Bank does not warrant, endorse, guarantee, or assume responsibility for Products advertised or offered by a third party through the Services or any hyperlinked website or Service, or featured in any banner or other advertising, and the Bank will not be a party to or in any way monitor any Transaction between You and third-party providers of goods and/ or services. Any advertisement by a third party through the Services shall not constitute or deem to constitute as advice or solicitation for sale/purchase of third party products or services by Partner Bank and is not intended to create any rights and obligations.
16.4 The Services are controlled and operated from and in India. The Bank and/or its authorized service provider(s) makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all Applicable Laws, rules, regulations, guidelines including but not limited to export and import regulations and RBI regulations. You may not use the Service if You are a resident of a country embargoed by India, or are a foreign person or entity blocked or denied by the Indian government. Unless otherwise explicitly stated, all materials found on the Services are solely directed to individuals, companies, or other entities located in India.
16.5 The Banks sole obligation and Your sole and exclusive remedy in the event of interruption in Services or loss of use and/or access to Services, will be to use all reasonable endeavours to restore the Services and/or access as soon as reasonably possible. 16.6 The Bank makes no representations or guarantees regarding Merchants utilizing Prepaid Payment Account. Use of Prepaid Payment Account in no way represents any endorsement by the Bank of a Merchant's existence, legitimacy/legality, ability, policies, practices, beliefs as well as the Merchants Products and reliability. The Merchant alone will be responsible to the Customer and neither we nor anybody connected to us will have any responsibility or liability towards the Customer for goods and services purchased from the Merchant.
16.7 The relationship between the Bank and the Merchant is on principal-to-principal basis.
17.1 The Bank may, at its sole discretion, and to the extent permissible under Applicable Laws, make available to the Customer more services or make alteration in the services on the Prepaid Payment Account, point of sale terminals, internet or otherwise and/ or other devices through shared networks for the Customer's convenience and use. All fees and charges related to Transactions done by the Customer at these devices as determined by the Bank from time to time will be recovered by a debit to the balance available on the Prepaid Payment Account. The Customer understands and agrees that the shared networks may provide different functionalities and service offerings and different charges for different services. The Bank shall also, in its sole discretion, at any time, without notice to the Customer, be entitled to withdraw, discontinue, cancel, suspend/ or terminate the facility to use the Prepaid Payment Account and/ or services related to it, at POS Terminal/ Internet/ other devices within India and shall not be liable to the Customer for any loss or damage suffered by him resulting in any way from such withdrawal, discontinuance, cancellation, suspension or termination.
17.2 We have the right, at our sole and absolute discretion, to change, modify, or amend any portion of these Terms of Service at any time by posting notification on https://www.giwallet.in/https://www.globalinvestro.com or otherwise communicating the notification to you. The changes will become effective, and shall be deemed accepted by You, after the initial posting and shall apply on a going-forward basis with respect to Transactions initiated after the posting date. You should make sure You view these Terms and Conditions periodically to make sure You are familiar with their most recent version. In the event that You do not agree with any such modification, Your sole and exclusive remedy is to terminate Your use of the Services.
18.1 The Bank reserves the right to disclose the Customer's information to any court of competent jurisdiction, quasi-judicial authorities, law enforcement agencies, regulatory authority and any other wing of Central Government or State Government. The Customer hereby consents to sharing of their information with the Bank and its authorized service provider(s) or agencies or partners for providing Services in relation to the Prepaid Payment Account.
18.3 The user interfaces, graphics, logos, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of the Service provided by the Bank are protected by copyright, designs, patent, and trademark laws, international conventions and other applicable intellectual property and proprietary rights of either the Bank or authorised service provider(s) of the Bank.
18.4 Nothing contained herein shall authorize the Customer to use, apply, invade or in any manner exploit or infringe the intellectual property rights of the Bank, and the usage of the same shall be in compliance with these Terms and Conditions and such approval and policies as may be notified from time to time. In addition, Customer undertakes not to infringe the intellectual property rights of any third party.
19.1 These Terms and Conditions will be governed by and be construed in accordance with the laws of India. All disputes are subject to the exclusive jurisdiction of the Courts in Uttarakhand, irrespective of whether any other Court may have concurrent jurisdiction in the matter. Each party hereby irrevocably waives any objection which such party may now or hereafter have to the laying of improper venue or forum non conveniens. Each party agrees that a judgment in any such action or proceeding may be enforced in other jurisdictions by suit on the judgment or in any manner provided by law.
20.1 When You use the Services or send emails or other data, information or communication to the Bank, You are aware of the risks involved in sending email Instructions, including the risk that email Instructions may: (a) be fraudulently or mistakenly written, altered or sent; and (b) not be received in whole or in part by the intended recipient; You declare and confirm that the You are fully aware of and having duly considered, the risks involved, (which risks shall be borne fully by You) have requested and authorised the Bank to rely upon and act on Instructions which may from time to time be given by email as mentioned above. The Bank may (but shall not be obliged to) act as aforesaid without inquiry as to You identity or authority giving or purporting to give any instruction or as to the authenticity of any email message and may treat the same as fully authorised by and binding on You regardless of the circumstances prevailing at the time of the instruction and notwithstanding any error, misunderstanding, lack of clarity, fraud, forgery, or lack of authority in relation thereto, and without requiring any confirmation provided that the concerned person acting on behalf of the Bank believed the instruction to be genuine at the time it was acted upon.
20.2 You consent to receive communications via electronic records from the Bank periodically and as and when required. The Bank will communicate with You by email or by notices on Your Prepaid Payment Account or electronic records on the Website which will be deemed adequate service of notice / electronic record. You hereby waive all your rights to challenge the service of documents under any and all legal proceedings if the document is served on your designated electronic address including Your Prepaid Payment Account in terms of Information Technology Act, 2000.
20.3 Notwithstanding anything contained herein or elsewhere, the Bank shall not be bound to act in accordance with the whole or any part of the instructions or directions contained in any Instruction and may in its sole discretion and exclusive determination, decline or omit to act pursuant to any instruction, or defer acting in accordance with any instruction, and the same shall be at Your risk and the Bank shall not be liable for the consequences of any such refusal or omission to act or deferment of action.
20.4 Customers can contact the Bank at any of the below mentioned points: Email to email@example.comfirstname.lastname@example.org.
21.1 All fees and charges related to Prepaid Payment Account, as determined by the Bank will be recovered by a debit to the Prepaid Payment Account or through other means as available and applicable. The fee is not refundable. Any government charges, duty or debits, or tax payable as a result of the use of the Prepaid Payment Account shall be the Customer's responsibility and if imposed upon the Bank (either directly or indirectly), the Bank shall debit such charges, duty or tax against the Prepaid Payment Account.
21.2. The Bank reserves the right at any time to charge the Customer any fees/ charges after providing one month prior notice for the Transactions carried out by using Your Prepaid Payment Account.
|Type of Prepaid Payment Account Transaction||Fees|
|Loading Fee||NIL /Upto 2% (For Credit card)|
|Fund Transfer (To another GIWallet)||NIL|
|Fund Transfer (To Bank Account)||2% of the Transaction, Minimum 10rs|
Goods and Service Tax, unless explicitly stated in this Schedule of Charges, as may be applicable from time to time on all fees, surcharge and other charges will be levied to the Customer.
22.1 Assignment: You cannot assign or otherwise transfer this Agreement, or any rights granted hereunder or any obligations, to any third party and any such assignment or transfer or purported assignment or transfer shall be void ab initio. The Bank's rights and/or obligations under the Agreement are freely assignable or otherwise transferable by the Bank to any third parties without the requirement of seeking Your prior consent. The Bank may inform You of such assignment or transfer in accordance with the notice requirements under the Agreement on best effort basis.
22.2 Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Agreement shall continue in full force and effect. The Bank may amend in a reasonable manner such provision to make it enforceable and such amendment will be given effect in accordance with the amendment terms of this Agreement.
22.3 Waiver : Any failure or delay by a party to enforce or exercise any provision of the Agreement, or any related right, shall not constitute a waiver by such party of that provision or right. The exercise of one or more of a party’s rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to such party under this Agreement or in law or at equity. Any waiver by a party shall only be made in writing and executed by a duly authorized officer of such party.
22.4 Force Majeure : If performance of any service or obligation under this Agreement by the Bank is prevented, restricted, delayed or interfered with by reason of labor disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, unavailability of any communication system, breach, interruption or breakdown or virus/malware/bugs in the processes or systems used for provision of Services, computer hacking, unauthorized access to computer data and storage devise, computer crashes, breach of security and encryption, etc. or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of the Bank or its third parties performing such services as sub-contractor to the Bank and could not have been prevented by reasonable precautions (each, a "Force Majeure Event"), then the Bank shall be excused from such performance to the extent of and during the period of such Force Majeure Event. The Bank shall exercise all reasonable commercial efforts to continue to perform its obligations hereunder.
22.5 Notwithstanding the foregoing, such terms of this Agreement as are meant to survive termination / expiry of this Agreement, will survive indefinitely unless and until the Bank chooses to terminate them.
22.6 If You have any questions or concerns about this Agreement, please send us a thorough description to email@example.comfirstname.lastname@example.org. We strive to respond to all User requests.
22.7 If You have any questions or claims of copyright infringement, please contact us at email@example.comfirstname.lastname@example.org