Please read the following terms and conditions carefully before registering on, accessing, browsing, downloading or using the Paytm website located at paytm.com, and all associated sites linked to paytm.com, or the Paytm mobile application or any similar platform (hereinafter collectively, the Paytm Platform run by One97 Communications Limited, having its registered office at First Floor Devika Tower, Nehru Place New Delhi – 110019 and headquartered at B-121, Sector-5, Noida – 201301 (hereinafter collectively, One97 or Paytm ) on any device and/or before availing any services offered by Paytm on the Paytm Platform which may include services such as recharge or bill payment, digital products, semi-closed wallet service and marketplace service or any other service that may be offered by Paytm on the Paytm Platform (hereinafter individually, and collectively, the Paytm Services). For the avoidance of doubt, it is clarified that these terms and conditions shall apply to all Paytm Services, whether offered by One97 or its affiliates.
Acceptance
By registering on, accessing, browsing, downloading or using the Paytm Platform for any general purpose or for the specific purpose of availing any Paytm Service, You agree to be bound by the single-sign-on ID (hereinafter SSOID) terms and conditions set forth below as well as by the service-specific terms and conditions applicable to each Paytm Service (hereinafter collectively, the T&Cs). These T&Cs shall also include any additional or modified terms and conditions in relation to the SSOID or any additional or modified service-specific terms and conditions in relation to any Paytm Service or any future service that may be offered by Paytm on the Paytm Platform. By registering on, accessing, browsing, downloading or using (as applicable) the Paytm Platform or availing any Paytm Service or the SSOID, You automatically and immediately agree to all the T&Cs. If at any time You do not accept or agree with any of the T&Cs or do not wish to be bound by the T&Cs, You may not access, browse or use the Paytm Platform and immediately terminate Your availing the Paytm Services. Accepting or agreeing to the T&Cs will constitute a legal contract (hereinafter Agreement) between You, being at least 18 years of age and an individual user of the Paytm Platform or a customer or beneficiary of the Paytm Services, and Paytm. All services are rendered by Paytm through the Paytm Platform under the brand name “Paytm” (or any derivatives or variations thereof). Consequently, all the rights, benefits, liabilities and obligations under the T&Cs shall, as the case may be, accrue to the benefit of, or incurred by, Paytm, regarding Your use of Paytm’s digital services (which includes but may not be limited to prepaid recharge, bill payment, booking movie tickets, bus tickets, hotel rooms or flight tickets), the semi closed wallet service, the marketplace service or any such other services which may be added on the Paytm Platform and which will henceforth be a Paytm Service, from time to time. The Paytm Services shall be used by You subject to Your adherence with the T&Cs. As long as You accept and comply with these T&Cs, Paytm grants You a personal, non-exclusive, non-transferable, limited, revocable privilege to enter and use the Paytm Platform and/or avail the Paytm Services.
Eligibility
The Paytm Services are not available to persons under the age of 18 or to anyone previously suspended or removed by Paytm from availing the Paytm Services or accessing the Paytm Platform. By accepting the T&Cs or by otherwise using the Paytm Services on the Paytm Platform, You represent that You are at least 18 years of age and have not been previously suspended or removed by Paytm, or disqualified for any other reason, from availing the Paytm Services or using the Paytm Platform. In addition, You represent and warrant that You have the right, authority and capacity to enter into this Agreement and to abide by all the T&Cs as part of this Agreement. Finally, You shall not impersonate any person or entity, or falsely state or otherwise misrepresent Your identity, age or affiliation with any person or entity. Finally, in the event of any violation of the T&Cs, Paytm reserves the right to suspend or permanently prevent You from availing Paytm Services or using the Paytm Platform.
Other Terms and Conditions
Additional terms and conditions may apply in order for You to avail specific Paytm Services and to specific portions or features of the Paytm Platform, including contests, promotions or other similar features, all of which terms are made a part of these T&Cs by this reference. You agree to abide by such other terms and conditions, including where applicable representing that You are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these T&Cs and the terms posted for or applicable to a specific portion of the Paytm Platform or for any Paytm Service offered on or through the Paytm Platform, the latter terms shall control with respect to Your use of that portion of the Paytm Platform or the specific Paytm Service. Paytm may make changes to any Paytm Services offered on the Paytm Platform, or to the applicable terms for any such Paytm Services, at any time, without notice. The materials on the Paytm Platform with respect to the Paytm Services may be out of date, and Paytm makes no commitment to update the materials on the Paytm Platform with respect to such Paytm Services. The following terms also govern and apply to Your use of the Paytm Platform, and they are incorporated herein by this reference: https://paytm.com/about-us/our-policies/#tandc https://paytm.com/privacy-policy
SSOID Service, Participating Platforms
Paytm’s SSOID service offers You the convenience, after a one-time registration any Paytm Platform, to sign on (log in) to all web pages and online platforms operated by Paytm or its affiliates (hereinafter the Participating Platforms) with single log-in access / data, without going through a separate registration process every time. After successfully registering for the SSOID Service, the user can log-in via each Participating Platform with his SSOID access credentials. Moreover, if already logged in to one of the Participating Platforms, the user can immediately use all other Participating Platforms without additional log-in procedures (subject to the respective Participating Platform requiring further declarations). The Participating Platforms that offer the SSOID as a login feature, are visible on registration and in the user account. The number of Participating Platforms may also vary in the course of time. With regard to the contractual relationships of the users with the respective Participating Platforms, for the purposes of which Paytm’s SSOID service is or can be used in accordance with these T&Cs, these can alternatively have their own commercial and user terms and conditions. These business or user terms and conditions are available on the respective Participating Platforms. For the respective contents of the Participating Platforms, the respective affiliate of Paytm is solely responsible only for those content that it actually operates. For the SSOID service, these T&Cs apply exclusively, whereas for the use of the Participating Platforms, their business and user terms and conditions apply along with these T&Cs. The SSOID shall be owned and operated by One97 for use on all Participating Platforms. For the use of Paytm’s SSOID service, the user must register. Registration as a user is only allowed if the user meets the eligibility criteria as set out in these T&Cs. Each user can set up only one user account. The user is obliged to provide correct and complete information during the registration and use of the SSOID service. The login data is intended solely for personal use by the user and therefore always to be kept secret and safe. The user is not entitled to share his login details with third parties to use the SSOID service or to disclose them otherwise. The user is obliged to inform Paytm immediately on becoming aware of and/or suspecting a case of any unauthorized use, disclosure and/or misuse of their access data or of their user account. Furthermore, the user is obliged not to use the user account of another person. Submission of the duly completed registration form by the user simply provides invitation to us to make an offer to enter into the agreement on the use of our SSOID service (hereinafter the SSOID Agreement). Our offer for the conclusion of the SSOID Agreement is then effected by the fact that Paytm sends the user a confirmation by e mail, in which a confirmation link is included next to the user name and the password for the SSOID Service. By the user clicking on this confirmation link, the user accepts Paytm’s offer, so that in this way the SSOID Agreement enters into force. Conclusion of the SSOID Agreement may, also be effected through other communication modes and following such processes which help achieve the same purpose as the aforementioned e-mail confirmation process. Paytm is entitled to reject individual users without giving reasons. The user guarantees that the data submitted for their user account (and any other information that is otherwise left for Paytm) are in all respects complete, true, accurate and not misleading. Any changes to user’s data should be promptly updated correctly in its account.
Communication Policy
By accepting the T&Cs, You accept the following:
Paytm may send alerts to the mobile phone number provided by You while registering with the Paytm Platform for the SSOID service or on any updated mobile number subsequently provided by You on the Paytm Platform, or via e-mail or push notifications. The alerts will be received in case of SMS, only if the mobile phone is in ‘On’ mode to receive the SMS, in case of e-mail, only if the e-mail servers and e-mail ids are functional, and in case of push notifications, if the user has enabled the receipt of such notifications. If the mobile phone is in ‘Off’ mode or if the e-mail servers or ids are not functional or if the push-notifications feature has been turned off, then You may not get the alert at all or get delayed messages.
Paytm will make best efforts to provide alerts via SMS/e-mail/push notifications and it shall be deemed that You shall have received the information sent from Paytm as an alert on the mobile phone number or e-mail id provided during the course of, or in relation to, using the Paytm Platform or availing any Paytm Services. Paytm shall not be under any obligation to confirm the authenticity of the person(s) receiving the alert. You cannot hold Paytm liable for non-availability of the SMS/email alert/push notifications service in any manner whatsoever.
The SMS/e-mail alert/push notification service provided by Paytm is an additional facility provided for Your convenience and that it may be susceptible to error, omission and/or inaccuracy. In the event that You observe any error in the information provided in the alert, Paytm shall be immediately informed about the same by You and Paytm will make best possible efforts to rectify the error as early as possible. You shall not hold Paytm liable for any loss, damages, claim, expense including legal cost that may be incurred/suffered by You on account of the SMS/e-mail alert/push notification facility.
The clarity, readability, accuracy and promptness of providing the SMS/e-mail alert/push notification service depend on many factors including the infrastructure and connectivity of the service provider. Paytm shall not be responsible for any non-delivery, delayed delivery or distortion of the alert in any way whatsoever.
You will indemnify and hold harmless Paytm and the SMS/e-mail service provider including its officials from any damages, claims, demands, proceedings, losses, costs, charges and expenses whatsoever including legal charges and attorney’s fees which Paytm or the SMS/e-mail service provider may at any time incur, sustain, suffer or be subjected to as a consequence of, or arising out of, any of the following: (i) misuse by You or improper or fraudulent information provided by You; (ii) incorrect number or a number that belongs to an unrelated third party provided by You; and/or (iii) the customer receiving any message relating to the reservation number, travel itinerary information, booking confirmation, modification to a ticket, cancellation of ticket, change in bus schedule, delay, and/or rescheduling from Paytm and/or the SMS/e-mail service provider.
Use of Paytm Platform
You understand that except for information, products or services clearly indicated as being supplied by Paytm, we do not operate, control, or endorse any information, products or services on the Internet in anyway. You also understand that Paytm cannot and does not guarantee or warrant that files available for download through the Paytm Platform will be free of viruses, worms or other code that may be damaging. You are responsible for implementing procedures to satisfy Your particular requirements of Internet security and for accuracy of data input and output.
Prohibited Conduct
By accessing or using the Paytm Platform or by availing Paytm Services, You agree not to:
violate the T&Cs;
impersonate any person or entity, falsely claim or otherwise misrepresent Your affiliation with any person or entity, or access the accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the Paytm Services, perform any other similar fraudulent activity or otherwise avail Paytm Services with what we reasonably believe to be potentially fraudulent funds;
infringe our or any third party’s intellectual property rights, rights of publicity or privacy;
use the Paytm Services if You are under the age of 18 years without a parental sponsor or, in any event, use the Paytm Services if You are under the age of 13 years old even with a parental sponsor and in accordance with applicable law;
post or transmit any message which is libellous, defamatory or which discloses private or personal matters concerning any person;
post or transmit any message, data, image or program which is pornographic, vulgar or offensive in nature;
refuse to cooperate in an investigation or provide confirmation of Your identity or any other information provide by You to Paytm;
remove, circumvent, disable, damage or otherwise interfere with security-related features of the Paytm Services and the Paytm Platform or features that enforce limitations on the use of the Paytm Services or the Paytm Platform;
reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of as regards Paytm Services or Paytm Platform or any part thereof, except and only to the extent this is expressly permissible by applicable law;
use the Paytm Services or the Paytm Platform in any manner that could damage, disable, overburden, or impair it, including, without limitation, using the Paytm Services or the Paytm Platform in an automated manner;
modify, adapt, translate or create derivative works based upon the Paytm Services and the Paytm Platform or any part thereof, except and only to the extent that that this is permissible by applicable law;
intentionally interfere with or damage operation of the Paytm Services or the Paytm Platform or any other user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code or file with contaminating or destructive features;
use any robot, spider, other automatic device, or manual process to monitor or copy the Paytm Platform without prior written permission;
interfere or disrupt the Paytm Platform or networks connected to the Paytm Platform;
take any action that imposes an unreasonably or disproportionately large load on Paytm’s infrastructure/network;
use any device, software or routine to bypass the Paytm Platform’s robot exclusion headers, or interfere or attempt to interfere, with the Paytm Services;
forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through the Paytm Platform or to manipulate Your presence on the Paytm Platform;
sell the Paytm Services, information, or software associated with or derived from it;
use the facilities and capabilities of the Paytm Platform to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others;
breach this Agreement, the SSOID Agreement or any other agreement or policy as may be applicable pursuant to the T&Cs;
provide false, inaccurate or misleading information;
use the Paytm Platform to collect or obtain personal information, including without limitation, financial information, about other users of the Paytm Platform, except and only as expressly provided in the T&Cs;
avail Paytm Services with what Paytm reasonably believes to be potentially fraudulent funds;
use the Paytm Services in a manner that results in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties and other liability to Paytm, a third party or You;
use the Paytm Services in a manner that Paytm or any payment card network reasonably believe to be an abuse of the payment card system or a violation of payment card network rules;
take any action that may cause Paytm to lose any of the Paytm Services from its service providers or lose any of its recharge partners or business partners, including mobile operators or telecom companies, payment processors or other suppliers;
send automated request of any kind to the Paytm Platform without express permission in advance from Paytm.
Termination; Agreement Violations
You agree that Paytm, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate Your account (or any part thereof) or Your use of the Paytm Services/Paytm Platform and remove and discard on the Paytm Platform all or any part of Your account, Your user profile, or Your recipient profile, including Your SSOID, at any time. Paytm may also in its sole discretion and at any time discontinue providing access to the Paytm Services, or any part thereof, with or without notice. You agree that any termination of Your access to the Paytm Services/Paytm Platform or any account You may have or portion thereof may be effected without prior notice, and You agree that Paytm will not be liable to You or any third party for any such termination or interruption. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Paytm may have at law or in equity. Upon termination for any reason, You agree to immediately stop using the Paytm Services/Paytm Platform.
Limitation of Liability and Damages
In no event, Paytm or its contractors, agents, licensors, partners or suppliers will be liable to You for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to: (i) this Agreement; (ii) the SSOID Agreement; (iii) the Paytm Services, the Paytm Platform or any reference site/app/platform/service; or (iv) Your use or inability to use the Paytm Services, the Paytm Platform (including any and all materials) or any reference sites/app/platform/service, even if Paytm or a Paytm authorized representative has been advised of the possibility of such damages. In no event, Paytm directors, employees, agents, will be liable to You for any damages, liabilities, losses, and causes of action arising out of or relating to: (i) this Agreement; (ii) the SSOID Agreement; (iii) the Paytm Services, the Paytm Platform or any reference site/app/platform/service; or (iv) Your use or inability to use the Paytm services, the Paytm Platform (including any and all materials) or any reference sites/app/platform/service; or (v) any other interactions with Paytm, however caused and whether arising in contract, tort including negligence, warranty or otherwise, beyond or in excess of the amount paid by You, if any, for using the portion of the Paytm Service or the Paytm Platform giving rise to the cause of action, or beyond or in excess Rs, 5,000, whichever is less. You acknowledge and agree that Paytm has offered its products and services, set its prices, and entered into this Agreement in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between You and Paytm, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between You and Paytm. Paytm would not be able to provide the services to You on an economically reasonable basis without these limitations. Applicable law may not completely allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions will apply to You subject to applicable law. In such cases, Paytm’s liability will be limited to the fullest extent permitted by applicable law. This paragraph shall survive the termination of this Agreement.
Indemnification
You agree to indemnify, save, and hold Paytm, its affiliates, employees, officers, directors, , and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to: (i) Your use or misuse of the Paytm Services or of the Paytm Platform; (ii) any violation by You of this Agreement or the SSOID Agreement; or (iii) any breach of the representations, warranties, and covenants made by You herein. Paytm reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Paytm, including rights to settle, and You agree to cooperate with Paytm’s defense and settlement of these claims. Paytm will use reasonable efforts to notify You of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of this Agreement.
Disclaimer; No Warranties
To the fullest extent permissible pursuant to applicable law, Paytm and its third-party partners, disclaim all warranties or guarantees – whether statutory, express or implied – including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by You from Paytm or through the Paytm Services or the Paytm Platform will create any warranty or guarantee other than those expressly stated herein. For the purposes of this Disclaimer, You expressly acknowledge that as used in this section, the term “Paytm” includes Paytm’s officers, directors, employees, . You acknowledge that Paytm is a reseller of mobile recharges and is not liable for any third party (telecom companies, mobile operators or suppliers) obligations due to rates, quality and all other instances, whether to any such telecom companies’ subscribers or otherwise. You expressly agree that use of the Paytm Services on the Paytm Platform is at Your sole risk. It is Your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the site or on the Internet generally. Paytm does not warrant that the Paytm Services will be uninterrupted or error-free or that defects in the site will be corrected. The Paytm Services and the Paytm Platform and any data, information, third party software, reference sites, services, or software made available in conjunction with or through the services and the site are provided on an “as is” and “as available,” “with all faults” basis and without warranties or representations of any kind either express or implied. Paytm, and itspartners do not warrant that the data, Paytm software, functions, or any other information offered on or through the Paytm Services/Paytm Platform or any reference sites/platforms/apps/services will be uninterrupted, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected. Paytm and its licensors, and partners do not warrant or make any representations regarding the use or the results of the use of the Paytm Services/Paytm Platform or any reference sites/platforms/apps/services in terms of correctness, accuracy, reliability, or otherwise. You understand and agree that You use, access, download, or otherwise obtain information, materials, or data through the Paytm Services/Paytm Platform or any reference sites/platforms/apps/services at Your own discretion and risk and that You will be solely responsible for any damage to Your property (including Your computer system and mobile device or any other equipment) or loss of data that results from the download or use of such material or data. We do not authorize anyone to make any warranty on our behalf and You should not rely on any such statement. This paragraph shall survive termination of this Agreement. In no event will Paytm be liable for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the Paytm Platform.
Ownership; Proprietary Rights
The Paytm Services and the Paytm Platform are owned and operated by Paytm. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of the Paytm Services and the Paytm Platform provided by Paytm (hereafter Materials) are protected by Indian copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. As between You and Paytm, all Materials, trademarks, service marks, and trade names contained on the Paytm Platform are the property of Paytm. You agree not to remove, obscure, or alter Paytm or any third party’s copyright, patent, trademark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Paytm Services/Paytm Platform. Except as expressly authorized by Paytm, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. Paytm reserves all rights not expressly granted in this Agreement. If You have comments regarding the Paytm Services and/or the Paytm Platform or ideas on how to improve it, please contact customer service. Please note that by doing so, You hereby irrevocably assign to Paytm, and shall assign to Paytm, all rights, title and interests in and to all ideas and suggestions and any and all worldwide intellectual property rights associated therewith. You agree to perform such acts and execute such documents as may be reasonably necessary to perfect the foregoing rights.
Modification of this Agreement
Paytm reserves the right to change, modify, add, or remove portions of this Agreement (each, a change and collectively, changes) at any time by posting notification on the Paytm Platform or otherwise communicating the notification to You. The changes will become effective, and shall be deemed accepted by You, 24 hours after the initial posting and shall apply immediately on a going-forward basis with respect to Your use of the Paytm Platform, availing the Paytm Services or for payment transactions initiated after the posting date. If You do not agree with any such change, Your sole and exclusive remedy is to terminate Your use of the Paytm Services/Paytm Platform. For certain changes, Paytm may be required under applicable law to give You advance notice, and Paytm will comply with such requirements.Your continued use of the Paytm Platform following the posting of changes will mean that You accept and agree to the changes.
Notice
Paytm may provide You with notices and communications by e-mail, SMS, push notifications, regular mail or postings on the Paytm Platform or by any other reasonable means. Except as otherwise set forth herein, notice to Paytm must be sent by courier or registered mail to One97 Communications Ltd., B-121, Sector-5, Noida, Uttar Pradesh 201301, India.
Waiver
The failure of Paytm to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Paytm.
Dispute Resolution
If any dispute, controversy or claim arises under this Agreement or in relation to any Paytm Service or the Paytm Platform, including any question regarding the existence, validity or termination of this Agreement or T&Cs (hereinafter Dispute), the parties shall use all reasonable endeavours to resolve such Dispute amicably. If the parties are unable to resolve the Dispute amicably within 30 days of the notice of such Dispute, Paytm may elect to resolve any Dispute by a binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996 (hereinafter Act). Such Dispute shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The Dispute shall be resolved by a sole arbitrator, appointed in accordance with the Act. The seat of the arbitration shall be New Delhi and the language of this arbitration shall be English. Either You or Paytm may seek any interim or preliminary relief from a court of competent jurisdiction in New Delhi necessary to protect the rights or the property belonging to You or Paytm (or any of our agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither You nor Paytm may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcing the arbitration award. All administrative fees and expenses of arbitration will be divided equally between You and Paytm. In all arbitrations, each party will bear the expense of its own lawyers and preparation. This paragraph shall survive termination of this Agreement.
Governing Law and Forum for Disputes
Subject to the Dispute Resolution section above, You agree that any claim or dispute You may have against Paytm must be resolved by a court having jurisdiction in New Delhi, India. You agree to submit to the personal jurisdiction of the courts located within New Delhi, India, for the purpose of litigating all such claims or disputes. This Agreement shall be governed by Indian law. This paragraph shall survive termination of this Agreement.
Severability
If any provision of this Agreement is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent required, and the remaining provisions will remain valid and enforceable.
Survival
Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration as applied to transfers and relationship prior to such termination or expiration.
Headings
The heading references herein are for convenience purposes only and they do not constitute a part of these T&Cs and will not be deemed to limit or affect any of the provisions hereof.
Entire Agreement
This Agreement is the entire agreement between You and Paytm relating to the subject matter hereof and this Agreement will not be modified except by a change to this Agreement made by Paytm in accordance with the terms of this Agreement.
Bill Payments and Digital Products Terms & Conditions
Please read the following terms and conditions carefully before registering on, accessing, browsing, downloading or using the Paytm website located at paytm.com, and all associated sites linked to paytm.com, or the Paytm mobile application or any similar platform (hereinafter collectively, the Paytm Platform) run by One97 Communications Limited, having its registered office at First Floor Devika Tower, Nehru Place New Delhi – 110019 and headquartered at B-121, Sector-5, Noida – 201301 (hereinafter collectively, One97 or Paytm) on any device and/or before availing any travel, recharge or bill payment or digital products related services offered by Paytm on the Paytm Platform (hereinafter, individually Paytm Digital Service and collectively, the Paytm Digital Services).
Eligibility
The Paytm Digital Services are not available to persons under the age of 18 or to anyone previously suspended or removed by Paytm from availing the Paytm Digital Services or accessing the Paytm Platform. By accepting the T&Cs or by otherwise using the Paytm Digital Services on the Paytm Platform, You represent that You are at least 18 years of age and have not been previously suspended or removed by Paytm, or disqualified for any other reason, from availing the Paytm Bill Payment and Digital Goods Services or using the Paytm Platform. In addition, You represent and warrant that You have the right, authority and capacity to enter into this Agreement and to abide by all the T&Cs as part of this Agreement. Finally, You shall not impersonate any person or entity, or falsely state or otherwise misrepresent Your identity, age or affiliation with any person or entity. Finally, in the event of any violation of the T&Cs, Paytm reserves the right to suspend or permanently prevent You from availing Paytm Digital Services or using the Paytm Platform.
Digital Services
Paytm facilitates the payment of certain bills through the Paytm Platform with respect to certain services offered by Paytm business partners who have partnered with Paytm to enable their bills to be paid through the Paytm Platform. Please see the relevant links on the Paytm Platform for more information on Paytm’s bill payment service. Further, Paytm also offers certain digital products which facilitate the purchase of prepaid recharges for mobile, DTH, toll and data card as well as purchase of movie tickets, bus tickets, hotel reservations, flight tickets and purchase of tickets to amusement or theme parks, etc. Other digital products available on the Paytm Platform also include coupon redemption services. The terms and conditions in relation to bill payments and digital products are set out below. The terms and conditions in relation to bill payments and digital products set out below are applicable to and binding on You in conjunction with the SSOID terms and conditions already accepted by You. Each SSOID term or condition is applicable to and binding on You, or any of Your activities on the Paytm Platform, even if such term or condition is not specifically reproduced herein below. The terms ‘Agreement’ or ‘T&Cs’ mentioned herein below includes the terms and conditions in relation to bill payments and digital products set out below and the SSOID terms and conditions as well as other service-specific terms and conditions in relation to Paytm Services or Paytm Platform.
Paytm Recharges
Paytm is only a reseller of digital products. Paytm does not provide mobile operator services and is only a reseller of prepaid mobile recharge services which are ultimately provided by telecommunications service providers (hereafter Telco or Telcos) or by other distributors or aggregators of such Telcos. Paytm is not a warrantor, insurer, or guarantor of the services to be provided by the Telcos. Prepaid mobile recharge sold by Paytm to You is sold without recourse against Paytm for any breach of contract by the Telcos. Any disputes regarding the quality, minutes provided, cost, expiration, or other terms of the mobile prepaid recharge purchased must be handled directly between You (or the recipient of the recharge) and the Telco. The terms and conditions set out in this section are applicable, mutatis mutandis, to other prepaid recharge products available on the Paytm Platform including prepaid recharges in relation to DTH, data card and toll tags as well as to other prepaid recharge products that may be offered on the Paytm Platform. Paytm will not be responsible for any failure on the part of any of its recharge partners in effecting a recharge.
Refund Policy
All sales of prepaid recharge on the Paytm Platform are final with no refund or exchange permitted. You are responsible for the mobile number or DTH account number for which You purchase the prepaid recharge and all charges that result from those purchases. You are also responsible for the information relating to data card and toll-tag recharge and all charges that result from those purchases. Paytm is not responsible for any purchase of prepaid recharge for an incorrect mobile number or DTH account number or incorrect toll or data card information. However, if in a transaction performed by You on the Paytm Platform, money has been charged to Your card or bank account and a recharge is not delivered within 24 hours of the completion of the transaction, then You shall inform us by sending an e mail to our customer services e mail address mentioned on the ‘Contact Us’ page on the Paytm Platform. Please include in the e-mail the following details – the mobile number (or DTH account number or data card or toll-tag information), operator name, recharge value, transaction date and order number. Paytm will 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 21 working days from the date of receipt of Your e mail. All refunds will be credited to Your semi- closed wallet. You can trigger a request in Your Paytm wallet to transfer the money from Your Paytm wallet back to source. It will take 3-21 working days for the money to show in Your bank account depending on Your bank’s policy.
Bill Payments
In order to use the bill payments service or any other Paytm Service, You will need to obtain access to the World Wide Web or the Internet, either on a computer or on any other device that can access web-based content, and You will also need to pay any service fees associated with such access. In addition, You must have all equipment necessary to make such connection to the World Wide Web or the Internet, including a computer and a modem or any other set of access devices. Paytm and/or the Paytm business partner (including Paytm’s bill payment partners) reserve the right to charge and recover from You, such fees for availing the service as the case may be. These charges shall be effective from the time when they are posted on the Paytm Platform or on the Paytm business partner’s channel/portal/website through which You are availing the specific service. You are bound by such revisions and should therefore visit the Paytm Platform or check with the Paytm business partner’s channel/portal/website through which You are availing the specific service in order to review the applicable fees which may vary from time to time. In the event that You stop or seek a reversal of the payment instructions as may have been submitted, Paytm shall be entitled to charge and recover from You and You shall be liable to pay such charges to the bill payment service provider as may be decided by Paytm. These charges shall be charged on to Your designated payment account or in any other manner as may be decided by Paytm. Paytm offers a convenient and secure way to make payments towards identified biller(s) using a valid payment account. Depending upon the Paytm business partner through whom the specific service is availed by You (i) the specific features of the service may differ; (ii) the number of billers available over the service may differ; (iii) the type and range of payment accounts that can be used to issue a payment instructions may differ; (iv) the modes/devices over which the service can be accessed may differ; and (v) the charges, fees for availing the service or any aspect of the service may differ. Specific details related to these aspects would be available with the Paytm business partner on their channel/portal/website over which the service is being availed. From time to time, Paytm, at its sole discretion, can add to or delete from such list of billers or types of payment accounts that can be used in respect of making payments to a biller. The type and range of payment accounts that can be used for making payments may differ for each biller depending on biller specifications. There may be additional fees/charge when using certain types of payment accounts in respect of a biller. The terms upon which a payment can be made to a biller can differ depending on whether a card or a bank account is used to issue the payment instruction. Further, depending on the specific facilities allowed by a Paytm business partner, payments to a biller can be made either (a) by issuing a payment instruction for an online debit/charge to a payment account or (b) by scheduling an automated debit to a payment account. In using the bill payment service, You agree to:
provide true, accurate, current and complete information about Yourself (“Registration Data”), Your payment account details (“Payment Data”), Your biller details (“Biller Data”); and
maintain and promptly update the Registration Data, Payment Data and Biller Data 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 Paytm has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Paytm has the right to suspend or terminate Your account and refuse any and all current or future use of the Paytm Services/Paytm Platform (or any portion thereof). The term biller includes telecom operators.
Paytm assumes no responsibility and shall incur no liability if it is unable to affect any payment instruction(s) on the payment date owing to any one or more of the following circumstances:
If the payment instruction(s) issued by You is/are incomplete, inaccurate, invalid and delayed;
If the payment account has insufficient funds/limits to cover for the amount as mentioned in the payment instruction(s);
If the funds available in the payment account are under any encumbrance or charge;
If Your bank or the National Clearing Centre refuses or delays honouring the payment instruction(s);
If payment is not processed by biller upon receipt;
Circumstances beyond the control of Paytm (including, but not limited to, fire, flood, natural disasters, bank strikes, power failure, systems failure like computer or telephone lines breakdown due to an unforeseeable cause or interference from an outside force).
In case the bill payment is not effected for any reason, You will be intimated about the failed payment by an e-mail.
Bus Tickets
Paytm is only a bus ticket agent. It does not operate buses or offers bus transport services. In order to provide a comprehensive choice of bus operators, departure times and prices to customers, Paytm has tied up with many bus operators and service providers.
Paytm’s advice to customers is to choose the bus operators who they are aware of and whose service they are comfortable with.
Paytm’s responsibilities include:
issuing a valid ticket (a ticket that will be accepted by the bus operator) for its network of bus operators;
providing refund and support in the event of cancellation; and
providing customer support and information in case of any delays/inconvenience.
Paytm’s responsibilities do not include:
The bus operator’s bus not departing/reaching on time;
The bus operator’s employees being unprofessional or engaging in unlawful conduct;
The bus operator’s bus seats, etc., not being up to the customer’s expectation;
The bus operator cancelling the trip due to any reason;
The baggage of the customer getting lost/stolen/damaged;
The bus operator changing a customer’s seat at the last minute to accommodate any of the following passengers: senior citizens, children, pregnant women, persons with disability or any other person in a situation of emergency;
The customer waiting at the wrong boarding point (please call the bus operator to find out the exact boarding point if You are not a regular traveller on that particular bus or route);
The bus operator changing the boarding point and/or using a pick-up vehicle at the boarding point to take customers to the bus departure point.
The arrival and departure times mentioned on the ticket are only tentative timings. However, the bus will not leave the source before the time that is mentioned on the ticket.
Passengers are required to furnish the following at the time of boarding the bus:
A copy of the ticket (a printout of the ticket or the printout of the ticket e mail).
Identity proof (Aadhaar Card, Driving license, Student ID card, Company ID card, Passport, PAN card or Voter ID card). Failing to do so, they may not be allowed to board the bus.
Passengers must also be aware of the following :
Change of bus: In case the bus operator changes the type of bus due to some reason, Paytm will refund the differential amount to the customer upon being intimated by the customers within 24 hours of the journey.
Cancellation Policy: Passengers are expected to read the ticket cancellation policy carefully. Tickets will be cancelled as per the cancellation policy linked with the ticket. The transaction charges will not be refunded in the event of ticket cancellation.
Refund policy mentioned on the ticket is indicative. The actual cancellation charges are determined by bus operators and bus providers at the actual time of cancellation. Paytm has no role in governing the cancellation charges.
Cancellation charges are calculated on the actual fare of the ticket. If any discount coupons are used while purchasing the ticket, the discounted value would be used to calculate the refund amount when a ticket is cancelled.
In case a booking confirmation e mail and SMS gets delayed or fails because of technical reasons or as a result of incorrect e mail ID/phone number provided by the user, etc., a ticket will be considered ‘booked’ as long as the ticket shows up on the confirmation page of the Paytm Platform.
Amenities on the buses as shown on Paytm have been configured and provided by the bus service provider (bus operator). These amenities will be provided unless there are some exceptions on certain days. Please note that Paytm provides this information in good faith to help passengers to make an informed decision. Provision of video, air conditioning and any such other services mentioned by Paytm’s travel partners in the buses is their own responsibility. Any refunds/claims due to non-functioning or un-availability of these services needs to be settled directly with the bus service provider.
Paytm is not responsible for any kind of journey inconvenience, injury or death, caused during the journey or flowing from the journey.
For any issues relating to cancellation or refund, the passenger may contact Paytm within 15 days of date of travel, beyond which period request would not be processed.
Paytm may call the mobile phone number provided by You while registering with the Paytm Platform, or any updated mobile number subsequently provided by You on the Paytm Platform, or contact You via e-mail, for the purpose of collecting feedback from You regarding Your travel bookings, including but not limited to the bus facilities and/or services of the bus operator.
Grievances and claims related to the bus journey should be reported to Paytm support team within 10 days of Your travel date.
Movie Tickets
Paytm is an intermediary within the meaning of the Information Technology Act, 2000 and the rules thereunder and merely facilitates the sale and purchase of movie tickets between the merchant, i.e., the cinema owner, and customer. For the purposes of this section, a merchant shall mean a cinema owner or the person owning inventory of movie tickets that are being sold on the Paytm Platform. Paytm does not at any point of time during any transaction between the customer and the merchant, take the ownership of any of the products/services provided by merchant. Nor does Paytm at any point assert any rights or claims over the products/services offered by the merchant to the customer. In using the Paytm Platform for purchasing movie tickets, You explicitly agree and acknowledge that:
Bookings for the tickets once made by You cannot be cancelled, exchanged or refunded;
Your booking confirmation will be sent via an e mail and/or SMS;
You or the person collecting the ticket(s) on Your behalf need to print and present the e mail ticket at the counter in order to avail a physical ticket from the cinema box office of the merchant at the premises of the cinema hall concerned;
To collect the tickets from the cinema box office, it is mandatory for You or the person collecting the ticket(s) on Your behalf to present the debit/credit card that has been used to book ticket(s) along with the booking confirmation SMS or e mail print out;
The holder of a physical ticket is deemed to be the owner of the ticket(s);
A convenience fee per booking in respect of the ticket(s) is levied on all tickets booked by You online. Kindly check once before You make the booking;
As per the merchant’s terms and conditions, You need to make the bookings for the tickets in respect of the children above the age of 3 years;
As per the merchant’s terms and conditions, in case a physical ticket is lost or misplaced, a duplicate ticket cannot be issued;
If the merchant cancels the show, Paytm will not be held responsible for such cancellation. In such cases, Paytm will automatically issue a refund to Your Paytm wallet with applicable deductions the amount paid by You for the movie ticket(s) booked on Paytm within 48 hours of the cancellation;
If You do not receive a confirmation number (in the form of a confirmation SMS or e mail) after submitting payment information, or if You receive an error message or service interruption after submitting payment information, You should immediately report to the Paytm customer care. Paytm will not be responsible for any losses occurred in the process;
Please add movietickets@paytm.com to Your address book to ensure e mail delivery in Your inbox. Paytm will not be responsible for any loss caused due to the confirmation e-mail or any other e-mail relating to the ticket booking process not being delivered to Your primary inbox;
By booking a ticket on the Paytm Platform, You agree and undertake to adhere to and comply with the terms and conditions of respective merchants in respect of all the bookings made by You for the tickets through the Paytm Platform;
As per the merchant’s terms and conditions, outside food and beverages are not allowed inside the cinema hall’s premises;
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By accepting the T&Cs, including the specific terms and conditions in this section, You accept that Paytm may send the alerts to the mobile phone number/e mail provided by You while registering on the Paytm Platform or to any such number replaced and informed by You subsequently;
Notwithstanding anything to the contrary contained herein, neither Paytm nor affiliates of Paytm or its officers, directors, employees shall have any liability to You or to any third party for any direct, indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or relating to the T&Cs, the Paytm Platform or Paytm Services, even if any of said parties had been advised of, knew of, or should have known of, the possibility of such damages. To the maximum extent permitted by law, Paytm’s maximum aggregate liability to You for any causes whatsoever, and regardless of the form of action (whether liability arises due to negligence or any other tort, breach of contract, violation of statute, misrepresentation or for any other reason), will at all times be limited to Rs. 5000. To the maximum extent permitted by law, You waive, release, discharge and hold harmless Paytm or affiliates of Paytm, and each of their directors, officers, employees, and agents, from any and all claims, losses, damages, liabilities, expenses and causes of action arising out of Your use of the Paytm Platform and/or Paytm Service.
Ticket(s) booked with cancellation protect can be cancelled upto 3 hours before the show time e.g. If you have booked tickets for show time Sunday 7 PM, you can cancel the tickets upto 3:59 PM on that Sunday.
In case you cancel your ticket within the cancellation period, you will receive 100% refund on ticket price e.g. If you have booked tickets for show time Sunday 7 PM and you cancel the ticket(s) anytime before 3:59 PM on that Sunday, you will get 100% refund in your Paytm Wallet within 24 hours of canceling the ticket.
On booking ticket(s) with cancellation protect, You will receive a booking confirmation sms/e-mail. Please note that the booking confirmation is not Your ticket and You won’t be able to enter the cinema with this booking confirmation.
Your ticket(s) will be sent to you over sms/e-mail only after the cancellation period is over e.g. if your movie’s show time is Sunday 7 PM, you will receive your ticket details after 4 PM on that Sunday.
Refund will only be given for the movie ticket amount, any additional amount paid for Cancellation Protect, convenience fee or food and beverages will not be refunded. On cancellation of the ticket, the cinema operator reserves the right to allow or disallow redemption of the food item in the order.
Partial cancellation of an order is not allowed.
Cancellation Protect is a promotional offer by One97 Communications Ltd. (Paytm) and it reserves the right to alter the terms or discontinue the offer at any time without prior notice,Paytm may suspend any user’s ability to participate in the program at any time for any reason at its discretion.
Cancellation protect feature entitles the user to an enhanced refund policy on movie ticket bookings through Paytm.
Cancellation Protect feature is available only for a limited number of seats and on select cinemas.
All seat layouts are representative in nature, distance between rows & from screen can differ from the actual.
In case of any issues, the interpretation of Paytm will be considered final.
Theme/Water/Amusement Parks Tickets
Paytm is an intermediary within the meaning of the Information Technology Act, 2000 and the rules thereunder and merely facilitates the sale and purchase of tickets between the merchant and the customer. For the purposes of this section, merchant shall mean any theme park, water park, amusement park or any other similar establishment for which ticket(s) have been purchased through the Paytm Platform. Paytm does not at any point of time during any transaction between the customer and merchant take the ownership of any of the products/services provided by the merchant. Nor does Paytm at any point asserts any rights or claims over the products/services offered by the merchant to the customer. In using the online ticketing service on the Paytm Platform, You explicitly agree and acknowledge the following:
Bookings for the tickets once made by You cannot be cancelled, exchanged or refunded;
Your booking confirmation will be sent via an e mail and/or SMS. For e-tickets, You need to print and present the e-mail confirmation at the ticket counter in order to avail a physical ticket(s)and/or band(s), as the case may be, from the ticket counter;
Paytm will not responsible for any loss, damage or injury sustained by the customer at the theme park/water park/amusement park premises or any other similar establishment for which ticket(s) were purchased through the Paytm Platform;
Paytm will not be responsible if certain activities, rides, slides and attractions purported to be offered by the merchant were not functional on any particular day;
By purchasing tickets through the Paytm Platform, You warrant and represent that You are in good health and acknowledge the risks that are incumbent while undertaking the activities offered by the merchants;
Paytm shall will not be responsible for Your health, safety and well-being during or after undertaking the activities offered by the merchant;
To collect the tickets from the ticket counter, it is mandatory for You to present to the merchant run ticket counter, the debit/credit card that has been used to book tickets along with the booking confirmation (SMS/e-mail printout). The holder of a physical ticket is deemed to be the owner of the ticket;
A convenience fee per booking in respect of the ticket may be levied on the tickets booked by You online. Kindly check once before You make the booking;
You need to make bookings for the tickets in respect of children (of certain age or height) as per the merchant terms and conditions;
As per the merchant terms and conditions, in case a physical ticket and/or band is lost or misplaced, a duplicate ticket and/or band cannot be issued;
If the merchant cancels the activities, Paytm will not be held responsible for the same. In such cases, Paytm will automatically issue a refund to Your Paytm wallet with applicable deductions the amount paid by You for the ticket(s) booked on Paytm within 96 hours from the event date;
If You do not receive a confirmation number (in the form of a confirmation SMS or e mail) after submitting payment information, or if You receive an error message or service interruption after submitting payment information, You should immediately report to the Paytm customer care. Paytm will not be responsible for any losses occurred in the process;
By making a booking of a merchant ticket, You agree and undertake to adhere to and comply with the terms and conditions of respective merchant establishments in respect of all the bookings made by You for the tickets through the Paytm Platform;
As per the merchant terms and conditions, outside food and beverages are not allowed inside the premises;
;
By accepting the T&Cs, including the specific terms and conditions in this section, You accept that Paytm may send the alerts to the mobile phone number/email provided by You while registering for the Paytm Platform or to any such number replaced and informed by You subsequently;
Notwithstanding anything to the contrary contained herein, neither Paytm nor its affiliates of Paytm, its officers, directors, employees shall have any liability to You or to any third party for any direct, indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or relating to these terms, the Paytm Platform or the Paytm Services, even if any of said parties had been advised of, knew of, or should have known of the possibility of such damages. To the maximum extent permitted by law, Paytm’s maximum aggregate liability to You for any causes whatsoever, and regardless of the form of action (whether liability arises due to negligence or any other tort, breach of contract, violation of statute, misrepresentation or for any other reason), will at all times be limited to Rs. 5000. To the maximum extent permitted by law, You waive, release, discharge and hold harmless Paytm or affiliates of Paytm, , and each of their directors, officers, employees, from any and all claims, losses, damages, liabilities, expenses and causes of action arising out of Your use of the online platform;
Coupon Redemption
In addition to the T&Cs, coupon redemption is subject to standard and specified terms and conditions mentioned by respective retailers. Coupons are issued on behalf of respective retailers. Hence, any damages, injuries, losses incurred by the You as a result of using the coupon is not the responsibility of Paytm and its affiliates, and each of their directors, officers, employees. Total cashback for a user cannot be more than 50% of his payments or Rs 10,000, whichever is higher. This term supersedes any offer related to any other Paytm Service.
Paytm Marketplace – Travel
You hereby acknowledge and agree that Paytm merely provides online marketplace services through its Paytm Platform (including but not limited to its website www.paytm.com or app) in order to facilitate listings/bookings by aggregators directly and/or through its Merchants (including but not limited to flight, hotel and car hire booking and price comparisons). The travel booking related services are also called the Marketplace Terms are an integral part of the Agreement and the T&Cs. You can make these bookings subject to the respective aggregator’s terms and conditions. Most hotels have a policy that do not allow unmarried couples to check in. For more information, Paytm requests You to contact the hotel in order to get further clarifications and confirmation or the same can be confirmed on their websites as well. You are requested to please go through the Merchant/vendor provided terms and conditions before making any bookings for hotels, flights, car rental, etc., through the Paytm Platform. Some such Merchant/vendor provided terms and conditions may be found on the following links:
Ezeego1 – https://www.ezeego1.co.in/live/useragreement.screen?productType=useragreement
Little – https://checklittle.com/terms.html
Roomstonite – https://www.roomstonite.com/terms-conditions/
If a link to the Merchant/vendor specific terms and conditions is not provided here then You are expected to find them on their websites or procure them from the vendors/Merchants directly through any other means. Paytm is not responsible for Your inability to access such terms and conditions or for any loss resulting from such terms and conditions or lack thereof. You agree and acknowledge that the actual contract for sale is directly between You and the Merchant/vendor. Paytm provides these services to You which are informational in nature. Paytm is not a travel or booking agent or a last mile service provider to You and, therefore, Paytm shall not be deemed to be liable for any fault in the content/booking/listing services provided by aggregator or the Merchant/vendor. Paytm is also not responsible for setting or controlling the prices applicable to such searches and bookings through the Paytm Platform. All such listings/bookings are provided by the aggregator directly and/or through its Merchants/vendors and are subject to the terms and conditions imposed by the concerned aggregator or the Merchant/vendor. Paytm does not control or prevent changes in the published details and descriptions of websites/apps operated by the aggregator or the Merchant/vendor and is not responsible for any content therein. Paytm has no control over the existence, quality, safety or legality of items displayed; the accuracy of the aggregator’s content or listings; the ability of the aggregator and Merchant/vendor to sell items or provide services. Paytm does not at any point of time during any transaction between You and aggregator/Merchant/vendor, take the ownership of any of the listing, bookings offered by the aggregator/Merchant/vendor. Nor does Paytm at any point asserts any rights or claims over the same offered by the aggregator/Merchant/vendor to You. In using the online marketplace service, You explicitly agree and acknowledge that:
Paytm, through the Paytm Platform makes available, content/listings/bookings offered by the aggregators either directly and/or through its Merchants/vendors. Availing such bookings/listings will be subject to the terms of offer for sale and such other additional terms, if any, as specified by such aggregator.
Paytm is not a warrantor of the content/listings/bookings being offered on Paytm by various aggregators or Merchant/vendors. You understand that any issue or disputes regarding the warranty, guarantee, quality, and service will be addressed as per the terms and conditions of the aggregator or the Merchant/vendors, and You agree to handle such issues and disputes directly between You and the aggregator or Merchant/vendor. You acknowledge that Paytm gives no guarantee, either express or implied, regarding the use or availability of online marketplace service or bookings made by You through online marketplace.
Paytm, may at its discretion, offer marketing promotion benefits by way of gift coupons, cash back, free gifts, etc., on all or some of the products or services from time to time. Paytm is not liable for any defect or fault in listings/bookings, content the product or deficiency in service of the aggregator or Merchant/vendor purchased through the Paytm Platform. Paytm is not responsible for any warranty, guarantee, post sale claims, genuineness of listings/bookings, content, products and services as Paytm is just a platform that facilitates booking through the aggregator or Merchant/vendor. Paytm will not be liable for any claims including but not limited to any misrepresentation by the aggregator or the Merchant/vendor in its content/listings/bookings.
The Paytm Platform makes available general Third Party Content. Third Party Content would also be available to You on the e-mail received by You from Paytm. Paytm will not be responsible for infringement of any third party’s intellectual property rights and rights of privacy in such cases. The provision of Third Party Content is for general informational purposes only. You acknowledge that the Third Party Content provided to You is obtained from sources believed to be reliable. Paytm does not provide any guarantee with respect to any the Third Party Content and Paytm shall not be held liable for any loss suffered by You based on its reliance on/or use of such Third Party Content. You should contact such third party site/app for their terms and conditions, privacy policy, complaints and clarification governing various features and offers or the products and services offered by them.
Please check visa and passport requirements needed for Your travel itinerary. Paytm is not liable for issues related to visa and incorrect passport info or any issues arising under the laws of India or of any other country.
Cancellation/refund: The cancellation/refund in respect of the bookings and charges, if any, will also be governed as per the terms and conditions of the aggregator or of the Merchant/vendor. Paytm has no role in governing refund/cancellation charges. Paytm, being an online marketplace services provider, will not be responsible for refund/cancellation including any charges arising therefrom. The aggregator or the merchant/vendor is solely responsible for the content/listings/bookings made available by it through the Paytm Platform and You should contact the respective aggregator or Merchant/vendor directly in relation to the above mentioned queries.
Use of Information:. By accepting T&Cs in general including the SSOID terms and the Marketplace Terms, You accept that Paytm may send alerts to the mobile phone number/ e-mail address provided by You while registering for the Paytm Service/Paytm Platform or to any such number/e-mail address replaced and informed by You subsequently.
Limitation of liability and waiver: In no event, Paytm will be liable to You for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to: (i) this Agreement, including these T&Cs and Marketplace Terms; (ii) the SSOID Agreement; (iii) the Paytm Services, the Paytm Platform or any reference site/app/platform/service; or (iv) Your use or inability to use the Paytm Services, the Paytm Platform (including any and all materials) or any reference sites/app/platform/service, even if Paytm or a Paytm authorized representative has been advised of the possibility of such damages. In no event, Paytm or any of its directors, employees, will be liable to You for any damages, liabilities, losses, and causes of action arising out of or relating to: (i) this Agreement, including these T&Cs and the Marketplace Terms; (ii) the SSOID Agreement; (iii) the Paytm Services, the Paytm Platform or any reference site/app/platform/service; or (iv) Your use or inability to use the Paytm services, the Paytm Platform (including any and all materials) or any reference sites/app/platform/service; or (v) any other interactions with Paytm, however caused and whether arising in contract, tort including negligence, warranty or otherwise, beyond or in excess of the amount paid by You, if any, for using the portion of the Paytm Service or the Paytm Platform giving rise to the cause of action, or beyond or in excess Rs, 5,000, whichever is less. You acknowledge and agree that Paytm has offered its products and services, set its prices, and entered into this Agreement in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between You and Paytm, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between You and Paytm. Paytm would not be able to provide the services to You on an economically reasonable basis without these limitations. Applicable law may not completely allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions will apply to You subject to applicable law. In such cases, Paytm’s liability will be limited to the fullest extent permitted by applicable law. This paragraph shall survive the termination of this Agreement, including these T&Cs, SSOID terms and the Marketplace Terms.
Dispute Resolutions: If any dispute, controversy or claim arises under this Agreement or in relation to any Paytm Service or the Paytm Platform, including any question regarding the existence, validity or termination of this Agreement or these T&Cs or these Marketplace Terms (hereinafter Dispute), the parties shall use all reasonable endeavours to resolve such Dispute amicably. If the parties are unable to resolve the Dispute amicably within 30 days of the notice of such Dispute, Paytm may elect to resolve any Dispute by a binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996 (hereinafter Act). Such Dispute shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The Dispute shall be resolved by a sole arbitrator, appointed in accordance with the Act. The seat of the arbitration shall be New Delhi and the language of this arbitration shall be English. Either You or Paytm may seek any interim or preliminary relief from a court of competent jurisdiction in New Delhi necessary to protect the rights or the property belonging to You or Paytm (or any of our agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither You nor Paytm may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcing the arbitration award. All administrative fees and expenses of arbitration will be divided equally between You and Paytm. In all arbitrations, each party will bear the expense of its own lawyers and preparation. This paragraph shall survive termination of this Agreement, the T&Cs or the Marketplace Terms.
Jurisdiction: Subject to the Dispute Resolution section above, You agree that any claim or dispute You may have against Paytm must be resolved by a court having jurisdiction in New Delhi, India. You agree to submit to the personal jurisdiction of the courts located within New Delhi, India, for the purpose of litigating all such claims or disputes. This Agreement shall be governed by Indian law. This paragraph shall survive termination of this Agreement.
Grievance Office: If You are not satisfied with Paytm service, please write to the following address: Grievance Officer, One97 Communications Ltd., B121, Sector 5 Noida – 201301 Or https://paytm.com/care?utm_source=grievance_email to escalate an existing ticket to Grievance Officer.
MMTC – PAMP Terms and Conditions
These “terms” and “Conditions of Use” (“Terms”) constitute an electronic record within the meaning of the applicable laws. This electronic record is generated by a computer system and does not require any physical or digital signatures. These Terms shall be in addition to and not in derogation to any other terms as stipulated from time to time. By using this facility on the Paytm Platform, You are agreeing to and accept these Terms. 1. In these Terms, references to “You”, or “Customer” shall mean the counterparty who transacts using the Paytm “Platform”, being a natural person, buying Gold, redeeming Gold in the form of redeemable products, selling back Gold to MMTC-PAMP . “Platform” shall mean, and include, the platforms (website, mobile apps, others) of One97 Communications, that the Customer accesses for the transactions, including all contents, services and technology offered through the Platform. “Service Providers” mean independent third party service providers, and references to the “Seller”, “MMTC-PAMP”, “we”, “us” and “our” shall mean MMTC-PAMP India Private Limited. . “Transfer” refers to a facility to transfer Gold from a gold account to gold account of another Customer(s). 2. We reserve the right to change these Terms at any time. Such changes will be effective when posted on the Platform and shall be deemed to be notified to the Customer accordingly. Notwithstanding anything contrary, Customer shall be responsible for regularly reviewing the Terms, including amendments thereto as may be posted on the Platform and shall be deemed to have accepted the amended Terms by continuing the use of Platform. 3. MMTC-PAMP/ One97 shall be entitled to collect and store relevant information and documents provided by the Customer, For cumulative lifetime purchases of Rs. 50,000/- and above and subsequently from time to time. Further, as and when required by MMTC-PAMP / One97, the Customer will be required to provide additional documents for fulfilling the KYC requirements. You authorize MMTC-PAMP and One97 to make such enquiries as they may feel necessary to satisfy themselves about the validity of Your identity. You undertake to update us and One97 in case of change of Your existing information or verification documents provided by You. 4. You shall be responsible for the correctness of information to MMTC-PAMP / One97 from time to time. If You have reasons to believe that there is an error in the information furnished to MMTC-PAMP / One97 You shall immediately advice the MMTC-PAMP / One 97 in writing and forthwith provide correct / updated information. 5. We reserve the right to terminate any Gold account, with or without notice to You, in the event the KYC documents / information are found to be incorrect or authenticity of the documents / information is found to be doubtful. You hereby undertake to indemnify and keep indemnified MMTC-PAMP and One97 against any and all losses, claims, liabilities costs etc. which arise out of or relating to Your failure to identify Yourself and validate Your account promptly and / or due to incorrect KYC documents / information. 6. You can offer to buy Gold worth Rs. 1.00 (Rupee One Only) and above incremental value thereof at the live purchase price of Gold of 999.9 purity displayed on the Platform. 7. Payment will be accepted only through Your Paytm wallet or other payment options made available on the Platform. At the time of purchase / redemption / sale-back / transfer of Gold, the relevant taxes will be chargeable as applicable as per the Government regulations. 8. At the time of redemption, the Customer can select redeemable product for redemption from catalogue of redeemable products. These redeemable products will be hosted on the Platform. The list of redeemable products may be altered, changed and amended by MMTC-PAMP from time to time at its sole discretion. 9. At the time of redemption in physical deliverable product form, the Customer will pay additional manufacturing and delivery charges and applicable taxes on the same. The redeemable product selected from the catalogue for delivery shall be subject to availability of stock with the MMTC-PAMP. 10. For each confirmed purchase of Gold by the Customer , MMTC-PAMP India will be the custodian of the metal, till (a)) sell-back by the Customer, (b) redemption by the Customer, or (c) expiry of Custody Period,. For the purpose of this clause, ‘Custody Period’ shall mean a period of 5 years from each separate purchase f Gold by the Customer. The Gold purchased by You or transferred to Your Gold account will be allocated and stored in a highly advanced and secured vault of MMTC-PAMP, with full insurance cover. If You redeem Your gold after the Custody Period, additional charges will be levied. 11. The Customer will have the option of redeeming and asking for physical delivery of the full or part of the accumulated gold holding, in the form of redeemable products starting from 1 (One) gm and above. The residual fractional gold remaining, upon redemption / Transfer by You of the entire gold holding, can be sold back by You to us at the live sell-back price of gold of 999.9 purity and the corresponding amount against the residual fractional gold sold by You will be credited in Your Paytm wallet instantly. 12. The Customer cannot buy and redeem Gold on the same day. 13. You need to pay the applicable making and delivery charges from Your Paytm wallet or other payment instruments made available on the Platform in order to redeem the redeemable product of Your choice. 14. Once the redemption has been initiated by You and payment received then Your gold grams will be debited accordingly from Your Gold account. 15. MMTC-PAMP may also, from time to time in future, offer/permit the Customer to sell-back its gold in fraction to MMTC-PAMP at prevailing live sell-back price of gold of 999.9 purity, during the offer period as may be announced / permitted by MMTC-PAMP. The money against the fractional gold sold by a Customer would be credited to the customer. 16. Live purchase price of Gold will be displayed on the Platform and is subject to change from time to time. At the time You make request for redemption / sell-back, the value of Gold / quantity of Gold to be redeemed / sold back will be displayed based on live sell-back price of Gold. The live purchase price of Gold and live sell-back price of Gold may vary and also may be be different from that available in the open market and/or in any other retail outlet. Your offer may be rejected irrespective of whether an item has been earmarked/wish listed by a Customer. In such an event if You still wish to offer to purchase Gold or sell-back residual fractional Gold, You may make another offer at the changed price. MMTC-PAMP disclaims any and all claims and/or liabilities arising from such non acceptance of offer or revision in prices. 17. While availing any of the payment method/s available on the Platform, MMTC-PAMP/One97 will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to the Customer due to:
Lack of authorization for any transaction/s,
Exceeding the preset limit mutually agreed by and between the Customer and relevant banks of the Customer,
Any payment issues arising out of the transaction,
Illegitimacy of the payment methods (credit/debit card frauds etc.) being used by a Customer;
Temporarily discontinuation of invitation to offer; and / or
Decline of transaction for any reason(s) whatsoever.
18. MMTC-PAMP may, at its discretion, prescribe maximum individual/cumulative limits for Customers to accumulate gold or transfer Gold through this scheme from time to time, and reserves the right to refuse to accept order exceeding such limit. 19. At any point of time on any day MMTC-PAMP may temporarily discontinue the invitation to offer for any reason whatsoever. 20. MMTC-PAMP will, at its discretion, close down gold account of Customers, if (a) they are inactive accounts,(for six months) (b) their Custody Period has expired and / or (c) if MMTC-PAMP decides to discontinue the scheme. In such an event, Customers will be required to redeem and / or sell-back their gold holdings. In the event the Customer chooses not to respond, then (i) in case of expiry of Custody Period, MMTC-PAMP reserves the right to repurchase the gold holding of the Customer at the then prevalent live sell-back price, after deducting applicable charges and taxes, (ii) in case of Inactive GAP account, MMTC-PAMP reserves the right to repurchase the gold holding of the Customer, on the expiry of Custody Period, at the then prevalent live sell-back price, (iii) in case of discontinuation of scheme by MMTC-PAMP, MMTC-PAMP reserves the right to repurchase the gold holding of the Customer, on the expiry of Custody Period, at the then prevalent live sell-back price For the purpose of this Clause ‘Inactive Account’ shall mean an account in which there has not been any transaction for a period of 6 (six) months or more. 21. All the proceedings of such forced buy back by MMTC- PAMP shall be kept in a dedicated GAP account and Customer or its successors can claim it after providing sufficient proofs (Id, relationship etc) 22. The Customer will not be entitled to make an offer if the zip code of delivery address is outside serviceable areas. At time of redemption the Customer will be required to provide full delivery address. 23. All redeemable products selected for delivery by Customer for redemption, shall be delivered within India as per instructions of the Customer through our logistics partners. All deliveries where applicable shall be made on a best efforts basis, and while MMTC-PAMP will endeavor to deliver the Products on the dates intimated, the MMTC-PAMP disclaims any claims or liabilities arising from any delay in this regard. 24. The logistics partner of MMTC-PAMP will make a maximum of three attempts to deliver Your order. After three attempts gold coin will be delivered back to MMTC-PAMP and customer will need to put the fresh request for the redemption . 25. MMTC-PAMP shall not be liable / responsible, in any manner whatsoever, for any loss / liability arising out of or relating to any technical failure / issue in Platform and / or acts / omission not attributable to MMTC-PAMP. 26. Upon MMTC-PAMP confirming the purchase, redemption, sale-back of Gold in his / her Gold account by Customer, the order / request of Customer to purchase / redemption / sale-back / transfer, as the case may be, shall be binding on the Customer and cannot be cancelled. 27. The Customer shall inform immediately, in any case no later than [30] days of the transaction, of any irregularities or discrepancies that may exist in his/her gold account, failing which it shall be deemed that there is no error or discrepancies in the account. All records maintained by MMTC-PAMP, in electronic or documentary form of the instructions of the Customer and such other details (including, but not limited to payments made or received) pursuant to the Terms, shall as against the Customer, be deemed to be conclusive evidence of such instructions. 28. The Customer understands and acknowledges that any purchase, redemption, sale-back or transfer from / to gold account will be on instructions received by the Customer, and the Customer that You will not violate any applicable laws or regulations for the time being in force in or outside India. The Customer shall be responsible for complying with applicable laws in respect of purchase, redemption, , sale-back to and from the gold account including but not limited to the Prevention of Money Laundering Act, 2002, the Prohibitions of Benami Property Transactions Act, 1998, Income Tax Act, 1961 etc including amendment thereof. Customer also agrees and undertakes that he /she will not open any account in the name of any minor. MMTC-PAMP will not be liable in any manner in this regard. 29. The Customer feedbacks pertaining to products shall be deemed to be non-confidential and non-compensatory in nature. MMTC-PAMP reserves the right, at its sole discretion to use such information for its internal purposes.. 30. In the event of termination / expiry of MMTC-PAMP’s arrangement with One97 / Paytm or otherwise at any point of time, MMTC-PAMP and Paytm may agree to migrate Your Gold account to an alternative platform and continue with Gold acount on such alternative platform (as decided by MMTC-PAMP). MMTC-PAMP/Paytm shall also be entitled to notify the Customer for redemption of the products within the time lines as specified in the notice sent by MMTC-PAMP in this regard. 31. These Terms shall be governed by and interpreted and construed in accordance with the laws of India. The courts in New Delhi shall have exclusive jurisdiction in respect of any matters arising therefrom. 32. In the event any dispute arises out of or in connection with the Terms herein, including the validity hereof, the parties hereto shall endeavor to settle such dispute amicably in the first instance. The attempt to bring about an amicable settlement shall be treated as having failed as soon as one of the parties hereto, after reasonable attempts, which shall continue for not less than 15 (Fifteen) calendar days, gives a notice to this effect, to the other party in writing. 33. Waiver: Any failure or delay by Paytm/MMTC-PAMP to enforce or exercise any provision of these Terms, or any related right, shall not constitute a waiver by Paytm /MMTC-PAMP of that provision or right. The exercise of one or more of a Paytm /MMTC-PAMP’s rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to MMTC-PAMP under these Terms or in law or at equity. Any waiver of any provision shall only be effective if made in writing and executed by a duly authorized officer of MMTC-PAMP. 34. Force Majeure: If performance under these Terms by Paytm /MMTC-PAMP is prevented, restricted, delayed or interfered with by reason of labor disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, inducement of any virus, Trojan or other disruptive mechanisms, any event of hacking or illegal usage of the Platform, 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, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of the Paytm /MMTC-PAMP and could not have been prevented by reasonable precautions then the MMTC-PAMP shall in to be excused and discharged from such performance to the extent of and during the period of such force majeure event, and such non-performance shall, in no manner whosoever, amount to a breach by the Paytm /MMTC-PAMP of its obligations herein. 35. Absence of relationship: You represent and warrant to MMTC-PAMP that You have sufficient experience and knowledge to make informed decisions to purchase/ redeem/ / sale-back Gold/Redeemable Products. You acknowledge that You are making all of Your own decisions in connection with purchases or redemption or sale-back and that You have not relied on any information made available by MMTC-PAMP, and that Paytm /MMTC-PAMP is not making any recommendation with respect to such purchases/redemption/sale-back/ of Gold/Redeemable Products. No relationship other than seller-purchase, including, without limitation, any agent-principal relationship, any advisor-advisee relationship, any employee-employer relationship, any franchisee-franchisor relationship, any joint venture relationship or any partnership relationship, exists between You, Paytm and MMTC-PAMP. 36. Electronic Order Risks: Order entry systems have been designed to provide an efficient and dependable method for entering orders. Commercial internet service providers are not 100% reliable and a failure by one or more of these providers may affect internet-based order entry. You acknowledge that the order entry system is an electronic mechanical system and as such may be subject to failure beyond the control of MMTC-PAMP. Therefore, Paytm/MMTC-PAMP shall not be responsible for errors, negligence, inability to execute orders, delays in transmission, delivery or execution of order due to breakdown or failure of transmission or communication facilities, or to any other cause beyond Paytm/MMTC-PAMP’s control or anticipation. You acknowledge that pricing or typographical errors may occur and that therefore, in the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, MMTC-PAMP reserves the right, at our sole discretion, to refuse or cancel or reject any orders placed for the products. Furthermore, MMTC-PAMP reserves the right to deny refuse or cancel or reject any orders placed in case of market volatility and/ or unusual circumstances or conditions. This includes, without limitation, unexpected unavailability of product/Gold. 37. Customer responsibility for taxes, tariffs and duties: You acknowledge that You are solely responsible for all taxes, tariffs and duties that may be incurred as a result of purchase/redemption/ of Gold/Redeemable Products. Paytm/MMTC-PAMP will only collect taxes, tariffs and duties on transactions to the extent explicitly required by law. It is Your responsibility to be aware and properly address any taxes, tariffs and duties to which You may be subject by any local, state and/ or federal governments. If You have any questions about taxes, tariffs and duties, You should consult a tax or other professional about Your unique circumstances. Paytm/MMTC-PAMP does not represent to provide advice or recommendations about Your specific taxes, tariffs and duties and any statements made by us are only for the purpose of raising issues for You to discuss with Your tax or other professional. 38. Indemnification: Customer hereby agrees to indemnify and keep Paytm indemnified from and against all actions, claims, demands, proceedings, losses, damages, personal injury, costs, charges and expenses, directly or indirectly, whatsoever (‘Losses’) which Paytm or its employees, agents, workers or representative may at any time incur, sustain, suffer or be put to as a consequence of or by reason of or arising out of: (i) the usage of the Platform by the Customer; (ii) by reason of MMTC-PAMP ‘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; (iii) breach or noncompliance of the Terms and relating to the gold account; and/or (iv) fraud or dishonesty relating to any transaction by the Customer. Without prejudice to the foregoing, Paytm shall be under no liability whatsoever to the Customer in respect of any loss or damage arising directly or indirectly out of:
Effecting transaction based on instructions received from Customers,
The instruction of a Customer to transfer Gold from his / her gold account to another gold account,
The exercise by MMTC-PAMP of its right to terminate / exercise the facility/services provided on the Platform,
Any injury to the credit, character and reputation of the Customer due to use of facility/ services on the Platform,
Any misstatement, misrepresentation, error or omission in any details disclosed by Paytm/MMTC-PAMP if it receives any process, summons, order, injunction, execution distrait, levy lien, information or notice which Paytm/MMTC-PAMP in good faith believes/ calls into question the Customer’s ability, or the ability of someone purporting to be authorised by the Customer, to make the transfer, MMTC-PAMP may, at its option and without liability to the Customer or such other person, decline to allow the Customer to obtain any portion of his gold/ product, or may handover such gold/product over to an appropriate authority and take any other steps required by applicable law.
39. Disclaimers and limits of liability: Paytm/MMTC-PAMP does not make any representations, recommendations, projections, warranties or guarantees of any kind, either expressed or implied, as to the performance of its Gold/Redeemable Products with respect to future prices or any return on investment.. Paytm/MMTC-PAMP will not be liable to any Customer (including but not limited to Transferee) for any Losses caused by or relating to transfer/deposit of Gold to gold account of any other Customer. Paytm/MMTC-PAMP explicitly urges to all its Customers to inspect the package for any damage or tamper before receiving or signing for receipt. If You find any tampering, do not accept the parcel and return the same. MMTC-PAMP will not be liable for any loss or damage caused if the Customer accepts the parcel inspite of it being damaged or tampered. The duty to verify the parcel for any damages or tampering is of the Customer and if the Customer accepts the parcel and later comes to know of any damage or tampering, Paytm/MMTC-PAMP shall not be liable for any loss or damage to Customer. If such loss is later reported and approved by logistics partner and Insurance Company, the limit of liability shall be restricted to the amount paid by the logistic partner for such loss or damage in transit as per their terms and conditions and the same shall be binding upon the Customer.
40. You acknowledge that Paytm/MMTC-PAMP will not be liable to You or any other person as a result of Your access or use of Gold/Redeemable Product for indirect, consequential, special, incidental, punitive, or exemplary damages, including, without limitation, lost profits, lost savings and lost revenues (collectively, the “excluded damages”), whether or not characterized in negligence, tort, contract, or other theory of liability,. In no event will Paytm/MMTC-PAMP or any of its directors, employees, total liability to You for all damages, losses, liabilities and causes of action under these Terms and the facility/ services provided by Paytm/MMTC-PAMP collectively exceed total amount paid by You, if any, for access to that particular products or services. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
41.You declare that You are an individual not having registration and neither required to take registration under Central Goods and Service Tax Act 2017, State Goods and Service Tax Act 2017, Integrated Goods and Service Tax Act 2017 and Union Territory Goods and Service Tax Act 2017.
42. You declare that gold You are selling was previously owned by You for personal use.
43. You declare that You are not an unregistered dealer of gold and silver or any other precious metal ornament or any related product.
44. If found of any misrepresentation then You would be solely responsible for all types the tax, interest and penalty due to the government at any given point of time .
Gold Transfer / Gold P2P Transfer:
Upon transfer of Gold from a Customer, if recipient Customer already has an existing Gold Accumulation Plan Account (GAP), Gold will be credited in such account, otherwise a new GAP account will be created for such recipient Customer. Such Gold account would be created in recipient Customer name as per recipient Customer KYC details available with Paytm. In case if KYC is required, the same shall be provided by the recipient Customer. Transfer is subject to fulfillment of necessary KYC compliance(s). Upon successful creation of account of recipient Customer, the transferred Gold shall be credited to such account.
GAP accounts are offered, created, operated and maintained by MMTC-PAMP, Paytm partner for Gold.
Where Pin Code is available in the records/ GAP account, the same shall be used, otherwise, transferring Customer location Pin Code would be considered.
Promotional Paytm Gold(Goldback) Terms & Conditions
If You already have a Gold Accumulation Plan Account (GAP), Gold will be credited in that account otherwise a new GAP account will be created for You. GAP accounts are offered and created by MMTC-PAMP, our partner for Paytm Gold.
Successful application of this Promocode would authorize Paytm to place an order for You with MMTC-PAMP for the promotional amount due to You as Cashback. The invoice of such an order would bear Your name and would be useful for tax purposes.
If Pin Code is already provided in the GAP account then that will be used otherwise the new account would assume a Pin Code – 122103 (MMTC-PAMP’s location).
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In case the Gold can’t be credited to Your account due to KYC or any other reason, Paytm will credit Cashback in Your Paytm wallet in case of such failures
The price of gold used is the Buy price plus applicable taxes at the time of credit of Gold to Your account and not the transaction time.
Buy Price of Gold can be different from the Sell Price of Gold and Paytm is not liable for price difference and price movements of Your Gold
Gold will be credited within 24 hours of a successful transaction or completion of KYC, wherever applicable
In case of any cancellations and returns of Your order, value of Gold as per the promotional campaign amount would be adjusted from the refund amount, if any. Gold bought on Your behalf under this scheme would not be returned or refunded.
Gold transaction can be seen under ‘Gold History’ when You click on Gold icon on Paytm App and visit ‘My Locker’. Please upgrade to latest Android App version first
For details and FAQ on Paytm gold please visit https://paytm.com/care/digital-gold-faq/
Please read these terms of use carefully.
By accessing the Paytm Platform and agreeing to initiate/opt for Gold Savings Plan, you agree to be bound by the terms of use below. These terms of use are subject to change. Any changes will be incorporated into the terms of use posted to Paytm Platform from time to time. If you do not agree with these terms of use, please do not access/initialize/opt-for Gold Savings Plan.
Gold Savings Plan – Terms & Conditions
This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 which require the publishing of the rules and regulations governing the use and access of “Gold Savings Plan” (defined below) on www.paytm.com and/or Paytm mobile application and/or any other payment facilitation mode/tools offered by One97 to its Customer(s), including without limitation, any offline and/or online payment mode(s)/tools, or any other portal as may be launched by One97 Communications Limited (“Paytm Platform”).
These following terms and conditions (“Gold Savings T&Cs”) shall be applicable to the Gold Savings Plan (more specifically defined hereinafter) provided by One97 and shall be read in conjunction with MMTC – PAMP Terms and Conditions, Gold Transfer / Gold P2P Transfer and Promotional Paytm Gold (Goldback) Terms & Conditions, present on Paytm Platform. The Gold Savings T&Cs would always be in addition to the MMTC – PAMP Terms and Conditions and all such MMTC – PAMP Terms and Conditions are incorporated herein by way of reference. In an event of any conflict between the MMTC – PAMP Terms and Conditions and the provisions of these Gold Savings T&Cs, the Gold Savings T&Cs shall prevail. By applying for and accessing the Gold Savings Plan, the Customer accepts these Gold Savings T&Cs. This Gold Savings T&Cs are electronic record generated by a computer system and does not require any physical or digital signatures.
In these Gold Savings T&Cs, references to “You”, or “Customer” shall mean the counterparty who transacts using the Paytm Platform, being a natural person, buying Gold, redeeming Gold in the form of redeemable products, selling back Gold to MMTC-PAMP. “Paytm Platform” shall mean, and include, the platforms (website, mobile apps, others) of One97 Communications, that the Customer accesses for the transactions, including all contents, services and technology offered through the Paytm Platform. “Seller” shall mean “MMTC-PAMP”, “we”, “us” and “our” shall mean MMTC-PAMP India Private Limited.
We reserve the right to change these Gold Savings T&Cs at any time. Such changes will be effective when posted on Paytm Platform and shall be deemed to be notified to the Customer accordingly. Notwithstanding anything contrary, Customer shall be responsible for regularly reviewing the Gold Savings T&Cs, including amendments thereto as may be posted on the Paytm Platform and shall be deemed to have accepted the amended Gold Savings T&Cs by continuing the use of Paytm Platform and continuance of the Gold Savings Plan. Further, as and when required by MMTC-PAMP and/or One97, the Customer will be required to provide additional documents for fulfilling the KYC requirements. You authorize MMTC-PAMP and One97 to make such enquiries as they may feel necessary to satisfy themselves about the validity of Your identity. We reserve the right to terminate any Gold account, with or without notice to You, in the event the KYC documents / information are found to be incorrect or authenticity of the documents / information is found to be doubtful. You hereby undertake to indemnify and keep indemnified MMTC-PAMP and/or One97 against any and all losses, claims, liabilities costs etc. which arise out of or relating to Your failure to identify Yourself and validate Your account promptly and / or due to incorrect KYC documents / information.
Definitions
In this document the following words and phrases have the meanings set opposite them and/or MMTC – PAMP Terms and Conditions, unless the context indicates otherwise:
“Bill” shall means an invoice or order or bill or a commercial document, in electronic or physical form, issued by a the Seller pertaining to a transaction of sale setting out the details of the nature of the products or services, agreed and/or communicated prices and amounts due and payable in respect of the products or services sold by the Seller to the Customer.
“Customer’s Gold Accumulation Plan Account”/ (“GAP”)” shall mean gold accumulation plan account of the individual customer identified through his/her Paytm account based in the registered mobile number present in records of One97.
“Gold Savings Plan” shall mean gold purchase service offered by One97 in terms of MMTC – PAMP Terms and Conditions, wherein the Customer can schedule self-planned periodic purchase of the gold offered by the Seller on Paytm Platform, of particulars of the denomination in terms of weight (grams) or of a particular monetary value in INR, on a regular/periodic interval which the Customer decides and opts, as per the selections made by the Customer himself on Paytm Platform, designated for activation/modification/withdrawal of the periodic gold purchase, only through the selected payment modes, which can only be a valid debit Card or a valid credit Card.
“Instruction” shall mean such periodicity and quantity (in weight or monetary value in INR) which the Customer sets at his own will for periodic purchase of gold on Paytm Platform along with instructions to charge his/her valid Card for such periodic purchase. The Instruction can be modified and/or altered and/or stopped at any-time at the free will of the Customer before the Selected Purchase Date.
“Card” shall mean a card issued by the issuing bank under a Card program of Mastercard or VISA or Rupay networks which shall function as a debit/credit card and used and registered by the Customer on the Paytm Platform.
“Selected Purchase Date(s)” shall mean the date selected by the Customer at the time of setting/registration of the Instruction, by selecting the date on which the Instructions for purchase of the gold as per the details present in the Instruction, indicating the date on which the purchase of Gold as per the Instructions needs to be made. The Selected Purchase Date shall also be dependent on the periodicity with which the Instructions is registered to be implemented.
Gold Savings Plan Registration, Instruction Implementation and Related Process:
The Customer shall login to the Paytm Platform and shall go to the inbuilt link relating to registration for the Gold Savings Plan. Upon visiting the link the Customer shall register the Instructions by putting-in the necessary details for setting up of the Instructions, including without limitation, (i) particulars of denomination of gold to be purchased on Selected Purchase Date by either selecting (a) the weight (in grams) (b) the monetary amount (in INR) for which the purchase of gold needs to be made; (ii) to register the Selected Purchase Date; (iii) the periodicity/intervals in which the purchase Instruction needs to be implemented; and (iv) to register a valid Card which shall be charged for implementing the Instructions for purchase of the Gold (“Customer Registered Card”), on the Paytm Platform (“Gold Savings Plan Registration”). One97 shall accordingly intimate the Customer regarding the success or failure of the Gold Savings Plan Registration.
One97 shall notify the Customer of the upcoming Selected Purchase Date via SMS, email and push notifications to the registered mobile numbers and/or email addresses last registered with One97 records, two (2) day before the upcoming Selected Purchase Date and again post the successful implementation of the Instruction.
The Customer can enable or disable the Instruction at any point of time by clicking the appropriate settings on Paytm Platform before the Selected Purchase Date.
By registering the Instructions for the Gold Savings Plan the Customer hereby expressly agree and confirm to purchase the gold at the live purchase price of the Gold of 999.9 purity on all the Selected Purchase Date for the period till when the Instructions are not withdrawn or disabled. The Customer hereby expressly waive any right to dispute the live purchase price of the Gold of 999.9 purity appearing on Paytm Platform on the Selected Purchase Date(s).
Live purchase price of Gold displayed on Paytm Platform is subject to change from time to time. The live purchase price of Gold and live sell-back price of Gold may vary and also may be different from that available in the open market and/or in any other retail outlet. At the time Customer makes a request for redemption / sell-back, the value of Gold / quantity of Gold to be redeemed / sold back will be displayed based on live sell-back price of Gold.
Customer can offer to buy Gold worth Rs. 1.00 (Rupee One Only) and above incremental value thereof at the live purchase price of Gold of 999.9 purity displayed on the Paytm Platform.
Payment for the purchase of the Gold as per the Instruction will be accepted only through Card registered and/or selected (as the case may be) by the Customer at the time of registration of the Instructions on the Paytm Platform. At the time of purchase / redemption / sale-back / transfer of Gold, the relevant taxes will be chargeable as applicable as per the Government regulations.
Upon registration for the Gold Savings Plan, if the Customer already has an existing Gold Accumulation Plan Account (GAP), Gold will be credited in such account, otherwise a new GAP account will be created for such Customer. The Customer’s GAP would be created in recipient Customer’s name as per the Customer KYC details along with the registered mobile number to be provided to One97. In case, if KYC is required, the same shall be provided by the Customer having the GAP.
Customer hereby expressly agree to provide his/her KYC documents to One97 and/or MMTC – PAMP to validate Paytm account and/or Customer’s GAP, if, (a) the purchase quantity or purchase monetary value of the Gold is over and above an amount of INR 49,999/-; or (b) when the cumulative lifetime Gold purchases in the Customer’s GAP crosses INR 49,999/-.
At the time of redemption in physical deliverable product form, the Customer will be required to pay additional manufacturing and delivery charges and applicable taxes on the same. The redeemable product selected from the catalogue for delivery shall be subject to availability of stock with the MMTC-PAMP.
For each confirmed purchase of Gold and/or purchase of Gold basis the Instructions as per the Gold Savings Plan by the Customer , MMTC-PAMP India will be the custodian of the metal, till (a) sell-back by the Customer, (b) redemption by the Customer, or (c) expiry of Custody Period. For the purpose of this clause, “Custody Period” shall mean a period of 5 years from each separate purchase of Gold by the Customer. The Gold purchased by the Customer or transferred to Customer’s Gold account will be allocated and stored in a highly advanced and secured vault of MMTC-PAMP, with full insurance cover. If, Customer redeems his/her gold after the Custody Period, additional charges will be levied and Customer hereby agreed to bear the same and waives all its right to dispute the same in future for any reason whatsoever.
Customer hereby agrees and confirms that while availing any of the services, including without limitation, buying of Gold and/or availing Gold Savings Plan available on the Platform, One97/MMTC-PAMP will not be responsible or will assume any liability, whatsoever, of any nature, in respect of any loss, cost, damage (direct or indirect), loss of profit, fee, liability, arising directly or indirectly to the Customer due to:
lack of authorization for any transaction/s,
exceeding the present limit mutually agreed by and between the Customer and relevant banks of the Customer,
any payment issues arising out of the transaction,
illegitimacy of the payment methods (credit/debit card frauds etc.) being used by a Customer;
temporarily discontinuation of invitation to offer; and / or
decline of transaction for any reason(s) whatsoever.
One97 and/or MMTC-PAMP may, at its sole and independent discretion, may prescribe maximum individual/cumulative limits for Customers to accumulate gold in Customer’s GAP by any means including without limitation, accumulation by way of purchase of Gold, accumulation under the Gold Savings Plan or by way of transfer of Gold, through this scheme from time to time, and reserves the right to refuse to accept order/purchases exceeding such limit.
At any point of time on any day One97 and/or MMTC-PAMP may temporarily discontinue the invitation to offer for any reason whatsoever.
The Customer shall inform immediately, in any case no later than 30 days of any purchase of Gold by any means, including under this Gold Savings Plan, of any irregularities or discrepancies that may exist in his/her GAP, failing which it shall be deemed that there is no error or discrepancies in the GAP and One97. The Customer hereby agreed that the One97 and MMTC-PAMP shall be absolved automatically for any such error or discrepancies. All records maintained by MMTC-PAMP, in electronic or documentary form of the transaction for purchase of Gold by the Customer and such other details (including, but not limited to payments made or received) pursuant to the MMTC-PAMP Terms and Conditions and/or Gold Savings T&Cs, shall as against the Customer, be deemed to be conclusive evidence of transaction for purchase of Gold.
The Customer understands and acknowledges that any purchase, redemption, sale-back or transfer from / to GAP, will be as per the Instructions or transactions initiated by the Customer, and the Customer agrees and confirms not to violate any applicable laws or regulations for the time being in force in or outside India. The Customer shall be solely responsible for complying with applicable laws in respect of purchase, redemption, , sale-back to and from the GAP, including without limitation, the Prevention of Money Laundering Act, 2002, the Prohibitions of Benami Property Transactions Act, 1998, Income Tax Act, 1961 etc. including amendment thereof. Customer also agrees and undertakes that he /she will not open any account in the name of any minor. One97 and/or MMTC-PAMP will not be liable in any manner in this regard.
In the event of termination / expiry of MMTC-PAMP’s arrangement with One97 or otherwise at any point of time, MMTC-PAMP reserves the right to migrate Customer’s GAP to an alternative platform and continue with the said GAP on such alternative platform (as decided by MMTC-PAMP). MMTC-PAMP shall also be entitled to notify the Customer for redemption of the products within the time lines as specified in the notice sent by MMTC-PAMP in this regard.
In the event any dispute arises out of or in connection with the Gold Savings T&Cs herein, including the validity hereof, the parties hereto shall endeavour to settle such dispute amicably in the first instance. The attempt to bring about an amicable settlement shall be treated as having failed as soon as one of the parties hereto, after reasonable attempts, which shall continue for not less than 15 (Fifteen) calendar days, gives a notice to this effect, to the other party in writing.
These Gold Savings T&Cs shall be governed by and interpreted and construed in accordance with the laws of India. The courts in New Delhi shall have exclusive jurisdiction in respect of any matters arising therefrom.
Any failure or delay by One97 and/or MMTC-PAMP to enforce or exercise any provision of these Gold Savings T&Cs, or any related right, shall not constitute a waiver by One97 and/or MMTC-PAMP of that provision or right. The exercise of one or more of such rights by One97 and/or MMTC-PAMP hereunder, shall not be a waiver of, or preclude the exercise of, any rights or remedies available to One97 and/or MMTC-PAMP under these Gold Savings T&Cs or in law or at equity. Any waiver of any provision shall only be effective if made in writing and executed by a duly authorized officer of One97 and/or MMTC-PAMP.
If performance under these Gold Savings T&Cs by One97 and/or MMTC-PAMP is prevented, restricted, delayed or interfered with by reason of labor disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, inducement of any virus, Trojan or other disruptive mechanisms, any event of hacking or illegal usage of the Paytm Platform, 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, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of the One97 and/or MMTC-PAMP, in such an event One97 and/or MMTC-PAMP shall in to be excused and discharged from such performance to the extent of and during the period of such force majeure event, and such non-performance shall, in no manner whosoever, amount to a breach by the One97 and/or MMTC-PAMP of its obligations herein.
The Customer hereby expressly represent and warrant to One97 and/or MMTC-PAMP that the Customer have sufficient experience and knowledge to make informed decisions to purchase/ redeem/ sale-back, the Gold and/or to register with Gold Savings Plan. The Customer hereby acknowledge that the Customer are making all of their own decisions in connection with purchases or redemption or sale-back and that the Customer have not relied on any information made available by One97 and/or MMTC-PAMP, and that One97 and/or MMTC-PAMP is not making any recommendation with respect to such purchases/redemption/sale-back of Gold and/or to register with Gold Savings Plan. No relationship other than seller-purchase, including, without limitation, any agent-principal relationship, any advisor-advisee relationship, any employee-employer relationship, any franchisee-franchisor relationship, any joint venture relationship or any partnership relationship, exists between the Customer and One97/MMTC-PAMP.
Customer hereby expressly acknowledge, confirm and agree that the purchase of Gold, including without limitation, purchase of Gold by way of registering under the Gold Savings Plan, have been designed to provide an efficient and dependable method for purchase of Gold. Commercial internet service providers are not 100% reliable and a failure by one or more of these providers may affect internet-based purchase of Gold. The Customer acknowledge that the purchase of Gold system is an electronic mechanical system and as such may be subject to failure beyond the control of One97 and/or MMTC-PAMP. Therefore, One97 and/or MMTC-PAMP shall not be responsible for errors, negligence, inability to execute the Instructions, delays in transmission, purchase of Gold, delivery of Gold, to breakdown or failure of transmission or communication facilities, or to any other cause beyond One97 and/or MMTC-PAMP’s control or anticipation. The Customer acknowledge that pricing or typographical errors may occur, therefore, in an event wherein in an event that live purchase price of Gold is incorrect price or with incorrect information due to an error in pricing or any other inaccuracies, One97 and/or MMTC-PAMP reserves the right, at our sole discretion, to refuse or cancel or reject any transaction and/or Instruction for purchase of the Gold, including without limitation, purchase of the Gold under the Gold Savings Plan. Furthermore, One97 and/or MMTC-PAMP reserves the right to deny refuse or cancel or reject any refuse or cancel or reject any transaction and/or Instruction for purchase of the Gold, including without limitation, purchase of the Gold under the Gold Savings Plan, placed in case of market volatility and/ or unusual circumstances or conditions. This includes, without limitation, unexpected unavailability of Gold.
Indemnity: The Customer hereby agrees to indemnify and keep One97 and/or MMTC-PAMP indemnified from and against all actions, claims, demands, proceedings, losses, damages, personal injury, costs, charges and expenses, directly or indirectly, whatsoever (“Losses”) which One97 and/or MMTC-PAMP or its employees, agents, workers or representative may at any time incur, sustain, suffer or be put to as a consequence of or by reason of or arising out of: (i) the usage of the Paytm Platform by the Customer; (ii) by reason of One97 and/or MMTC-PAMP ‘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; (iii) breach or noncompliance of the Gold Savings T&Cs and relating to the GAP; and/or (iv) fraud or dishonesty relating to any transaction by the Customer. Without prejudice to the foregoing, One97 and/or MMTC-PAMP shall be under no liability whatsoever to the Customer in respect of any loss or damage arising directly or indirectly out of:
Effecting transaction based on the Instructions received/registered by the Customer;
The instruction of a Customer to transfer Gold from his / her GAP to another gold account;
The exercise by One97 and/or MMTC-PAMP of its right to terminate / exercise the facility/services/exercise One97’s/MMTC-PAMP’s right and/or their obligations, agreed to be carried out in terms of the Gold Savings T&Cs on Paytm Platform;
Any injury to the credit, character and reputation of the Customer due to use of any facility/ services on Paytm Platform, including without limitation, for registration under the Gold Savings Plan;
Any loss of whatsoever nature, direct or indirect, including without limitation, loss of profit or perceived profit from purchase of Gold, under the Gold Savings Plan or otherwise;
Any misstatement, misrepresentation, error or omission in any details disclosed by One97 and/or MMTC-PAMP, if receives any process, summons, order, injunction, execution distrait, levy lien, information or notice whichOne97 and/or MMTC-PAMP in good faith believes/ calls into question the Customer’s ability, or the ability of someone purporting to be authorized by the Customer, to make the sale of Gold from the Customer’s GAP and/or transfer of the Gold in the Customer’s GAP, One97MMTC-PAMP may, at its option and without liability to the Customer or such other person, decline to allow the Customer to obtain any portion of his Gold/ product, or may handover such Gold/product over to an appropriate authority and take any other steps required by applicable law.
Disclaimers and Limitation of Liability: Customer hereby expressly acknowledge, confirm and agree that One97 and/or MMTC-PAMP does not make any representations, recommendations, projections, warranties or guarantees of any kind, either expressed or implied, as to the performance of its Gold/Redeemable Products with respect to future prices or any return on investment. One97 and/or MMTC-PAMP will not be liable for any Losses or damage caused by reliance on information obtained in any of our newsletters, literature, reports, e-mail correspondence, website, Paytm Platform and/or any other communication from One97 and/or MMTC-PAMP. One97 and/or MMTC-PAMP will not be liable to any Customer (including but not limited to any transferee) for any Losses caused by or relating to transfer/deposit of Gold to GAP of any other Customer. One97 and/or MMTC-PAMP explicitly urges to all its Customers to inspect the package for any damage or tamper before receiving or signing for receipt of the same. If the Customer, find any tampering, then the Customer shall not accept the parcel and return the same. One97 and/or MMTC-PAMP will not be liable for any Losses or damage caused, if the Customer accepts the parcel inspite of the same being damaged or tampered. The duty to verify the parcel for any damages or tampering is of the Customer and if the Customer accepts the parcel and later comes to know of any damage or tampering, One97 and/or MMTC-PAMP shall not be liable for any Losses or damage to Customer. If such loss is later reported and approved by logistics partner and Insurance Company, the limit of liability shall be restricted to the amount paid by the logistic partner for any such Losses or damage in transit as per their terms and conditions and the same shall be binding upon the Customer. The Customer hereby expressly acknowledges and agrees that One97 and/or MMTC-PAMP will not be liable to the Customer or to any other person, as a result of Customer’s access or use of Gold/Redeemable Product for indirect, consequential, special, incidental, punitive, or exemplary damages, including without limitation, lost profits, lost savings and lost revenues (collectively, the “Excluded Damages”), whether or not characterized in negligence, tort, contract, or other theory of liability, even if One97 and/or MMTC-PAMP has been advised of the possibility of or could have foreseen any of the Excluded Damages, and irrespective of any failure of an essential purpose of a limited remedy. In no event will One97 and/or MMTC-PAMP or any of its directors, employees, agents’ total liability to Customer under this arrangement or otherwise, shall in no event, for all damages, Losses, liabilities and causes of action under these Gold Savings T&Cs and/or any other facility/ services provided by One97 and/or MMTC-PAMP, collectively exceed the total amount paid by the Customer, if any, for access to that particular products or services. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
The Customer hereby expressly declare that the Customer is an individual and is not required to take registration under Central Goods and Service Tax Act 2017, State Goods and Service Tax Act 2017, Integrated Goods and Service Tax Act 2017 and Union Territory Goods and Service Tax Act 2017.
The Customer hereby expressly declare that any sale of Gold on Paytm Platform was previously owned by the Customer for personal use.
The Customer hereby declare that the Customer is not an unregistered dealer of gold and/or silver or any other precious metal ornament or any related product.
Customer hereby declare that, if the Customer would be found of any misrepresentation then the Customer would be solely responsible for all types the tax, interest and penalty due to the government at any given point of time .
Rights and obligations:
The Customer understands and agrees that:
The above mentioned and agreed registration process shall have to be undertaken again in the event of any change in the Card details of the Customer.
One97 and/or MMTC – PAMP shall endeavor to fetch the live purchase price of Gold, on a best effort basis and shall solely rely on the intimation by the MMTC – PAMP for purchase of Gold as per the Instruction on the Selected Purchase Date, without any reference to the Customer.
No promo-code available on Paytm Platform would be auto applied while carrying out purchase of Gold as per the Instructions under the Gold Savings Plan.
One97 uses 128 bit encryption by Verisign for security and follows PCI DSS (payment card industry data security standard) mandated by the card association networks and administered by the Payment Card Industry Security Standards Council. However One97 cannot, and does not, guarantee that the information in transit may not be altered or intercepted or accessed by others and decrypted. One97 and/or MMTC – PAMP, and its directors, employees, shall not be liable or responsible, should any confidential or other information provided by or pertaining to the Customer (including credit card numbers, passwords, personal identification numbers, IDs, transaction details, etc.) be intercepted or altered and subsequently used by an unintended recipient.
The Customer’s details while registering the Instructions under the Gold Savings Plan shall continue to reside in Paytm Platform.
The Customer shall be responsible for the accuracy of the registration of the Instructions and shall be liable to One97 for any Losses arising on account of any error in the Instruction.
The Customer shall be bound by registration of the Instruction settled by the Customer and if, One97 has acted upon the Instruction in good faith and in compliance with the mandate submitted by the Customer on Paytm Platform.
The Customer hereby authorizes One97 to debit the Customer’s Card, as per the Instructions registered by the Customer on Paytm Platform.
The Customer shall ensure availability of funds/limits in Customer’s Card for effecting the purchase of Gold as per the Instruction on the Selected Purchase Date. The Customer agrees that in the event there are insufficient funds/limits in the Customer’s Card, One97 shall not effect the purchase of the Gold as per the Instruction on the Selected Purchase Date. The Customer shall be solely liable in this regard.
The Customer understands and agrees that such amounts are paid towards the purchase of the Gold as per the Instruction on the Selected Purchase Date cannot be reversed by One97 and is irrevocable in nature when it is executed by One97.
A duly authenticated record of the transaction for purchase of the Gold as per the Instructions shall be recorded in the statement of account available on Paytm Platform.
One97 has the right to suspend the Gold Savings Plan at any-time at its sole and independent discretion and/or if it has reason to believe that the Customer’s Instruction in respect of purchase of the Gold will lead to or expose to direct or indirect loss to One97 or may require a specific indemnity from the Customer before continuing to operate the Service.
Fees and Charges:
One97 shall be charging such fees for the purchase of the Gold as per the Instructions of the Customer as may be indicated while setting up of the Instructions. Notwithstanding this, One97 reserves the discretion to modify the charges at any point of time. All the fees and charges applicable for availing Gold Savings Plan shall be as per the rates fixed by One97 at its sole discretion which shall be informed to the Customer by hosting the details of the fees and charges on the Paytm Platform, from time to time and/ or through any other mode or channel of communication as One97 may deem fit.
Any government charges, duty or debits, or tax payable as a result of purchase of the Gold as per the Gold Savings Plan shall be the Customer’s responsibility and if imposed on One97, One97 shall have the right to debit such charges, duty or tax against the Customer’s account/Customer’s Card.
Termination:
The Customer can visit the profile or GAP on Paytm Platform any time and can disable the Gold Savings Plan. One97 may withdraw or terminate the Gold Savings Plan at any point of time without assigning any reasons whatsoever. One97 may suspend or terminate the Gold Savings Plan without prior notice if the Customer has breached any of Gold Savings T&Cs.
Miscellaneous:
One97 shall have the right of set-off and lien, irrespective of any other lien or charge, present as well as future on the deposits held in the account/wallet/GAP of the Customer, to the extent of all outstanding dues, whatsoever, arising as a result of this arrangement under the Gold Savings Plan extended to and/or used by the Customer.
Dispute Resolution
If any dispute, controversy or claim arises under this Agreement or in relation to any Paytm Service or the Paytm Platform, including any question regarding the existence, validity or termination of this Agreement or T&Cs (hereinafter Dispute), the parties shall use all reasonable endeavours to resolve such Dispute amicably. If the parties are unable to resolve the Dispute amicably within 30 days of the notice of such Dispute, Paytm may elect to resolve any Dispute by a binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996 (hereinafter Act). Such Dispute shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The Dispute shall be resolved by a sole arbitrator, appointed in accordance with the Act. The seat of the arbitration shall be New Delhi and the language of this arbitration shall be English. Either You or Paytm may seek any interim or preliminary relief from a court of competent jurisdiction in New Delhi necessary to protect the rights or the property belonging to You or Paytm (or any of our agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither You nor Paytm may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcing the arbitration award. All administrative fees and expenses of arbitration will be divided equally between You and Paytm. In all arbitrations, each party will bear the expense of its own lawyers and preparation. This paragraph shall survive termination of this Agreement.
Governing Law and Forum for Disputes
Subject to the Dispute Resolution section above, You agree that any claim or dispute You may have against Paytm must be resolved by a court having jurisdiction in New Delhi, India. You agree to submit to the personal jurisdiction of the courts located within New Delhi, India, for the purpose of litigating all such claims or disputes. This Agreement shall be governed by Indian law. This paragraph shall survive termination of this Agreement.
Disclaimer for donations
Customer/user can donate to selected shrines/place of worship/NGO/trust through Paytm Platform using a number of payment methods such as Paytm wallet/credit/ debit cards/internet banking.
While availing donation services from Paytm Platform the Customer/user expressly agrees and affirms that:
This contribution is made from my own funds, and funds are not being provided to me by another person or entity for the purpose of making this contribution.
I am at least eighteen years of age.
I am making this contribution with my own personal card/funds and not with a corporate or business card/funds or any card/funds issued to another person.
Any donation amount transferred erroneously or for any other reason by the Customer to any shrine/place of worship/NGO/trust shall not be refunded to the Customer by One97 in any circumstances.
One97 reserves the right to modify or discontinue, temporarily or permanently the donation facility with or without notice at any time.
Customer/user agrees to act in a responsible and legal manner when using the One97 Platform. Customer/user shall comply with all applicable laws, rules and regulations and undertake not to use One97 Platform for any unlawful purpose or in a manner which is likely to cause harm or offense to any other user, shrines, place of worship, NGO, trust and/or One97.
One97’s website/mobile application contains links to other websites, Customer/user agrees that when they click on any of such links for making donations, he/she will be entering another website for which One97/Paytm has no responsibility. We encourage/advise you to read and agree the privacy statements on all such websites as their policies/terms & conditions may be different from One97/Paytm, prior to making any donations.
One97 disclaims any accountability, legal, losses/damages or else, that might arise because of the act, omission or otherwise of any Customer/user on its website/mobile application, or caused by the same. Customer/user expressly admits that One97 is only a “payment facilitator & intermediary” for making donations, and as such, stands indemnified from any accountability that might arise because of the same. Customer/user moreover acknowledges that visiting/using One97 website/mobile application is an implicit reception/confirmation of this disclaimer on their part.
Customer/user hereby expressly agrees to abide by all the terms and conditions applicable to Paytm Wallet Services provided in the applicable terms & conditions section of the One97 website/mobile application.
Customer agrees and confirm that One97 shall not have any responsibility/liability in case tax exemption is denied to the Customer/user by any tax authority due to whatsoever reasons and Customer/user shall not raise any dispute/claim against One97. In such an event Customer/users shall approach the respective shrines/place of worship/NGO/trust for any query/claim.