1.1. “Customer” means any person who contracts with you for purchase of goods and/or services and makes a payment or remittance thereunder.

1.2. “Customer Payment Amount” means the amount paid by the Customer to you, using the Service, for purchase of any goods and/or services.

1.3. “Processing Mechanism” means the payment mechanism through the internet or such other mode of payment and delivery as may be notified by BharatPe from time to time, including but not limited to Immediate Payment Service (IMPS), National Electronic Funds Transfer (NEFT), Real Time Gross Settlement (RTGS) and UPI (defined hereinafter).

1.4. “Transaction” shall mean an electronic financial transaction undertaken using the BharatPe Services.

1.5. "UPI" means the unified payment interface, which is a payment system that powers multiple bank accounts into a single payment network of participating banks permitting merging several banking features, seamless fund routing & merchant payments.

2.1. You expressly acknowledge and agree that: (i) you are a legal person; (ii) you are capable of entering and authorized to enter into a legally binding agreement; (iii) your employees, officers, representatives, and other agents accessing BharatPe are duly authorized to access the BharatPe Service and to legally bind you to these terms and all actions; (iv) all registration information you submit is accurate and truthful; (v) you will maintain the accuracy of such information; (vi) you are not barred or otherwise legally prohibited from accessing or using BharatPe's Services under the laws of India; (vii) you are an entity duly constituted and validly existing under Indian law, (viii) expressly acknowledges and agrees that use of the BharatPe Services is permitted only for those who are physically located in India at the time of registration, linking to any offering forming part of the BharatPe Services and processing/undertaking a Transaction.

2.2. To avail the BharatPe Services, you should be business entity holding an active Indian mobile number and bank account. 

3.1. BharatPe has developed and is the owner of certain software which enables processing payment services and Transactions through Processing Mechanism for automated acceptance of payments (“BharatPe Services”). BharatPe Services include a dashboard service, an API service and such other value-added services such as loan facilitation services, bill payments etc as may be notified by BharatPe from time to time at its sole discretion. Please refer to the terms and conditions specifically for such value-added services.

3.2. BharatPe reserves the right to add, change, modify, discontinue and/or remove BharatPe Services and/or any terms and/or any policy, including features, offers and specifications of products described or depicted, temporarily or permanently, at its sole discretion, at any time, without notice and without liability.

3.3. Any changes or modifications to these terms will be effective immediately upon posting the revised terms and conditions on the platform and due to such changes or modifications your rights which you were entitled to receive/use may be waived by the Company.

3.4. Continued participation by you shall be deemed acceptance by you of any revised term and conditions.

3.5. Without prejudice to the generality of the foregoing, BharatPe shall be entitled to undertake enhancements for customer experience and transaction security in its absolute discretion. For the avoidance of any doubt, it is clarified that enhancements may also be in the nature of optimisation procedures, both manual and machine learning based, for different modes of payments in order to improve the payment performance.

3.6. You acknowledge and agree that you shall be required to provide up to date, correct and accurate information, including its mobile number registered with the relevant bank, email address, and any other information, details as maybe required by BharatPe from time to time.

4.1. In consideration of and subject to payment of the BharatPe Fees, BharatPe has agreed to make available the BharatPe Services to you as per these terms and conditions as specified in Annexure A.

4.2. Quoted BharatPe Fees is exclusive of any applicable taxes, all of which shall be the liability of and charged to you.

4.3. BharatPe shall be entitled, without exception and at its discretion, to deduct from any payments to be made to you, all outstanding BharatPe Fees and any taxes.

4.4. In regard to a Transaction undertaken by the Merchant by way of RuPay Credit Card via UPI:

4.5. You may be subject to additional fees such as MDR, which maybe communicated to you by RIPL, governmental authority and/or any other network provider.

5.1. By accepting these terms, you expressly authorise BharatPe to hold, receive, disburse and settle funds on your behalf. Such authorisation shall permit BharatPe to receive Customer Payment Amounts pursuant to a Transaction into a BharatPe’s account (Delivery Versus Payment) to further process each Transaction. BharatPe shall process and transfer such payments received by it to the bank account designated by you for this purpose at the time of registration and/or any such account as instructed by you (“Merchant Account”). The authorization provided herein under shall remain in full force and effect until specifically terminated.

5.2. By accepting these terms and conditions, you also expressly authorise BharatPe to hold, receive and settle funds on your behalf to such other value added services as may be opted & instructed by you on the permitted use of the application.

5.3. BharatPe shall initiate transfer of the relevant Customer Payment Amount received by it to the respective Merchant Account within T (such) banking days as per annexure A (‘T’ being the date of a successful Transaction and banking days being days on which private banks are open for business in New Delhi) from the date of receipt of the relevant Customer Payment Amount, after deduction of BharatPe Fees and charges as agreed under these terms and conditions. For clarity, you acknowledge that BharatPe shall be liable to settle Customer Payment Amounts only upon actual receipt thereof.

6.1 You hereby represent, warrant and covenant to BharatPe that:

6.2. You agree to provide KYC and similar relevant details & documents to BharatPe, in electronic and physical form, as may be required by BharatPe. Also, you hereby authorise BharatPe to use your KYC and details for all such services that BharatPe may offer, by itself or through third parties, from time to time.

6.3. You authorise BharatPe to read and access messages on the device utilising the BharatPe Services for retrieval and use for the enhancement of BharatPe’s Services.

6.4 You understand that the QR Code which shall be generated by BharatPe for it is unique and specific to you and that you shall at all times maintain the secrecy of this QR Code. Specifically, you agree and acknowledge that BharatPe shall not be liable in any manner whatsoever for any negligence or misuse of the QR Code by you or your agents, employees, representatives or Customers.

6.5. You agree and understand that at the time of registration with BharatPe, a username and password shall be generated which enables you to access your unique and personal dashboard on BharatPe interface and view Transactions. You shall not share the username and password with other persons and acknowledge that such sharing shall cause irreparable harm to BharatPe and that you shall be liable to indemnify BharatPe for any loss or damage suffered as a result of any unauthorised use.

6.6. BharatPe shall provide you details of Transactions through a personal dashboard on BharatPe interface and you shall determine if there are any errors or unauthorised Transactions, and intimate BharatPe in writing of the same.

6.7. You shall deliver goods/services immediately to Customers upon receiving the confirmation of payment;

6.8. You shall not levy any fees, charges, costs and expenses on any customer for permitting usage of the Card, Facility/UPI Facility or impose any minimum transaction limit for its use.

6.9. You agree not to make any representations and warranties to any person or undertake any obligation which may require the banking partner of RIPL to undertake or be liable for directly or indirectly, any obligation and/or responsibility to such person.

6.10. You have appointed BharatPe as a collection agent for payments to be received by it;

6.11. You shall be responsible to pay the MDR charges, as communicated by BharatPe, any governmental authority or network provider from time to time.

6.12. If you process any transactions which are prohibited by law or by these terms & conditions, RIPL shall be entitled to such steps as it may deem necessary to protect its interest, including, but not limited to, suspension of the account/processing privileges or withhold your funds without interest.

6.13. You shall be aware and ensure that suspicious Transactions are not undertaken including but not limited to:

6.14. While using the BharatPe Services, you agree to provide assistance to BharatPe for the prevention and detection of fraud in respect.

6.15. In case RIPL and/or its banking partner requests or any external or internal auditor requests for the supporting documents including but not limited to invoices of any transaction processed at your location, you shall immediately provide the same without any demur or protest.

6.16. You undertake not to access or attempt to access the BharatPe Services by any means other than through the interface that is provided by BharatPe and in the manner permitted thereby. You specifically undertake not to access or attempt to access the BharatPe Services through any automated means (including by use of scripts or web crawlers).

6.17. You shall not process any Transaction for obtaining or providing a cash advance either with your by way of using the UPI services or any other Processing Mechanism.

6.18. You shall not Merchant does not engage in any practices or procedures that discriminate against or discourage the use of any specific cards/UPI/payment mode whether in favour of cash or any other competing brand.

6.19. In accordance with the BharatPe Services opted by you, you have taken an explicit consent from your references and agree that BharatPe and/or their third-party vendor(s) may get in touch with your references (in case you are unreachable). By providing/selecting your references below, BharatPe shall deem that you have obtained consent from such person after disclosing the purpose for which their reference is provided.

6.20. It is agreed that BharatPe shall be entitled to rely upon all electronic communications, orders or messages sent to BharatPe through the Processing Mechanism in processing the Transactions. BharatPe shall not be obligated to verify or make further inquiry into the identity of the sender, or integrity of any communications. BharatPe shall not be responsible for any losses sustained through the use of stolen or hacked devices or fraudulent electronic transactions.

7.1. RIPL may, in its sole discretion, suspend Customer Payment Account and/or suspend the settlement of funds for a reasonable period of time required for reasons including investigation of a suspicious or unusual transaction activity. RIPL shall make good faith efforts to notify you as promptly as is commercially reasonable about such suspension. RIPL shall have no liability for any losses, either direct or indirect, which you may incur or suffer on account of any such suspension.

8.1. The Merchant shall permit authorized representatives of RIPL (including its representatives, agents and sub-contractors) and/or partner banks/acquiring bank/partner banks/RBI to carry out physical inspections of the Merchant premises with respect to these terms and Transactions, during business hours, which may be with or without notice to Merchant.

8.2. The Merchant also permit authorized representatives of RIPL (including its representatives, agents and sub-contractors) and/or partner bank/RBI to seek information/audit the records and statements of the Merchant relating to the Transactions pursuant to these terms, at their sole expense, to ensure compliance with the Merchant obligations under these terms at such intervals or as deemed fit by RIPL.

8.3. If the Merchant refuses such inspection or provides inaccurate, untrue, or incomplete information, or fails to comply with the terms and conditions of these terms, RIPL reserves the right to suspend or terminate the BharatPe Services and take any action as maybe deemed necessary in its sole discretion.

8.4. If during the inspection/internal audit of RIPL, it is identified that the merchant category is not matching with the category mapped by the Merchant and/or there is a mismatch, RIPL may at its sole discretion either change the merchant category and/or terminate the Terms in accordance with these terms.

9.1. You shall not, disclose the customer information or any information whatsoever that it gets access in relation to any Transactions, to any other person or otherwise use any information acquired by it other than for the purposes of these Terms. Provided however, that any information required to be disclosed by any order of a court or regulatory authority or any law enforcement agency or of competent jurisdiction may be disclosed to such court or regulatory authority to the extent specified in the order.

9.2. You agree that there are proper encryption and security measures to prevent any hacking into information pertaining to transactions contemplated under these terms and conditions. You accepts all liabilities with respect to any compromise or unauthorized use or disclosure or access to said information.

9.3. You agree that while Transactions is under process and at the stage of verifying/authentication, you shall cooperate and promptly reply to the issues raised by BharatPe for confirmation related to customer order prices, charges and fulfilment thereof which are offered through the Processing Mechanism.

9.4. You declare, assure and undertake to abide by the relevant security standards/ regulations/ requirements/guidelines which would be applicable to the conduct of the Transactions contemplated under these Terms, including, without limitation (a) regulatory provisions as may be applicable from time to time, (b) security measures and resultant hardware/ software upgrade consequent upon upgrade of systems and procedures with a view to ensuring security of transactions and (c) maintenance, protection, confidentiality and such other requirements with respect to Transaction as may be imposed by any regulatory or standards authority including pursuant to PCI-DSS, if applicable, and any modifications to or replacements of such programs that may occur from time to time.

10.1. Each Party acknowledges that, pursuant to these terms and conditions, it may have access to certain confidential information of the other Party and accordingly, each receiving Party agrees not to disclose to any third party any confidential information of a disclosing Party.

10.2. You shall ensure that no person who has access to any BharatPe Services shall reverse engineer, decompile or disassemble any software shared/disclosed by BharatPe, or write or develop any derivative software or any other software program based thereon.

10.3. BharatPe shall exclusively retain all worldwide rights, title and interest in and to the BharatPe Services (including without limitation ownership of all intellectual property rights therein and to the Processing Mechanism enabled by BharatPe and software related thereto). You understand and agree that the customizations, if any, carried out for and on behalf of you shall be intellectual property rights of BharatPe and that you can only use such additional modifications/ amendments during the term of the engagement.

11.1. You hereby undertake and agree to indemnify and hold harmless BharatPe against all actions, proceedings, claims, penalties, demands and costs (including without limitation, legal costs of BharatPe), awards, damages, losses, liabilities and/or expenses, however arising out of or in connection with:

12.1. Unless otherwise required by applicable law, all Transactions processed through BharatPe Services are non-refundable. BharatPe is not a party to and shall not be responsible for any disputes, chargebacks or reversals amongst you and a Customer. Notwithstanding anything contrary contained in these terms and conditions, BharatPe shall not be liable to you or any Customer for any special, indirect, incidental or consequential damages arising in connection with these terms and conditions or otherwise.

12.2. For any proven claims of any nature whatsoever, the total liability of BharatPe shall never exceed BharatPe Fees for a 7 (seven) day period immediately preceding from the date of the relevant claim or demand.

13.1. Except as expressly provided herein, BharatPe disclaims all warranties, responsibilities, express or implied, written or oral, including but not limited towards warranties of merchantability, any service interruptions (including on account of communication outages, system failures or other interruptions that may affect the receipt, processing, acceptance, completion or settlement of Transactions) and fitness of BharatPe Services and it does not warrant that the functions contained in BharatPe Services shall be uninterrupted or error free.

13.2. Use of BharatPe Services in no way represents any endorsement of you by BharatPe. BharatPe is not obligated to mediate disputes between Customers and Merchants or between a Customer and you or any payment system participants.

14.1. BharatPe and its partners reserve the right and shall be entitled to suspend the services immediately, including withholding, rejecting the settlements that is or may be suspicious, susceptible or fraudulent or for risk management purposes, pending inquiry and/or resolution of such issue, including any breach of these terms and conditions.

14.2 Termination of these BharatPe Services shall not release any Party from the obligation to make payment of all amounts then due and/or payable; upon Termination both Parties shall settle all outstanding dues payable to the other Party. Provided however, RIPL shall not be liable to settle any outstanding dues, if the agreement has been terminated due to the breach of Merchant’s obligations under this Agreement.

14.3. BharatPe has the right to terminate these Terms, without cause and at will, by giving a prior written notice of 7 days’ notice to you.

14.4. BharatPe shall also have the right to initiate any legal proceedings to recover all sums due to BharatPe.

14.5. These terms and the particulars herein are subject to applicable law and regulations and would be modified / discontinued based on the prevailing law/regulation at any point of time and neither Party shall be under any liability or obligation or continue implementation of these Terms till such time the terms are modified by the Parties as per the prevailing/ amended law at that point of time. In the event, that these Terms cannot be continued without total compliance of the prevailing law at any point of time, these Terms shall be deemed to be terminated forthwith from the date when the amended law restricting / prohibiting the Terms comes into force.

15.1. Should either Party hereto be delayed in or prevented, in whole or in part, from performing any obligation or condition hereunder, or from exercising its rights by reason or as a result of any force majeure, such party shall be excused from performing such obligations or conditions while such party is so delayed or prevented. The term "force majeure" as used herein means acts of God, acts of government, acts of terrorism, strikes, lockouts, or other industrial disturbances, acts of a public enemy, blockades, wars, insurrections or riots, terrorism, epidemics, landslides, fires, storms, floods, explosions, technological failures, breaches, hacks, system vulnerabilities or incompatibilities, or other similar causes beyond the control of such party.

16.1. These terms and conditions shall be governed by and construed in accordance with the laws of India.

16.2. Any difference, dispute, conflict or controversy, including any question as to its existence, validity or termination, arising out of or in connection with these Terms and Conditions (“Dispute”) shall, if not amicably settled within 30 (thirty) days after the receipt by one Party of a written notice from the other Party of the existence of such Dispute, be referred to and resolved in accordance with the Arbitration and Conciliation Act, 1996 by a sole arbitrator duly appointed by BharatPe. The seat and venue of arbitration shall be New Delhi and the arbitration shall be conducted in English. The award of the arbitrator shall be final and binding upon the Parties. Each Party shall bear its own cost of arbitration.

16.3. The Courts at New Delhi shall have sole and exclusive jurisdiction over any matters related to these terms and conditions.

To ensure that your concerns are addressed and resolved in a timely manner, Resilient Innovations Private Limited (BharatPe) has formulated an escalation matrix as set out below.

Level 1: Registration of your Complaint.

To register your complaint, please click http://bharatpe.in/bpsupport. We aim to resolve all your complaints within 10 business days.

Level 2: Escalate to our Customer Support Centre.

Call our customer support centre at +918882555444. Our customer support aims to resolve all your complaints within 10 business days.

Level 3: Escalate to our Grievance Redressal / Nodal Officer.

In relation to the extant guidelines as prescribed by the Reserve Bank of India, the details of our Grievance Redressal/Nodal Officer are set out below:

Name : Ratish Kumar
Contact Details : +91 7289000552
Email : nodalofficer@bharatpe.com
Working hours : Monday to Friday from 10:00 a.m to 7:00 p.m. We aim to resolve your complaint within 10 business days.

Resolution Process

• We aim to resolve all your concerns and complaints in our level 1 matrix within the said timelines.
• In the event, your concern remains un-resolved or not resolved to your satisfaction and you wish to escalate your concern to next level, you need to ensure that you have already exhausted the previous level(s). You are also required to hold a valid ticket number before approaching each level.
• Please note that due to technical or operational reasons there may be delay in resolving your complaint. Further, if the issue/grievance is related to a third party, then the afore-stated timelines may change. The delay/increased timelines may be dependent on the respective third party including but not limited to the clearing house/banks /network providers/regulator. In these cases, we will inform you promptly of such delay and increased timelines.
• In the event of a refund, you may get an approval for refund instantly, but it may take 3-10 business days for the money to be reflected in your account.
• If your query or complaint has not been satisfactorily resolved at previous levels within 30 days, you can reach out to the RBI ombudsman at https://cms.rbi.org.in/ or visit the Sachet portal at https://sachet.rbi.org.in/

18.1. Cooperation. You acknowledge that your timely provision of access to your systems and various devices, as well as assistance, processes, cooperation, complete and accurate information and data from your officers, agents, and employees and suitably configured hardware and software are essential to performance of any BharatPe Services. You shall allow BharatPe to audit and inspect business processes followed by you related to BharatPe Services and suggest suitable changes thereto.

18.2. Commercial Communication. You acknowledge that you may receive communication over voice calls and messages regarding BharatPe Services, and products, and such other promotional communications. You unconditionally consent that such communications are:

• upon your request and authorization;
• not 'unsolicited commercial communications' as per the guidelines of Telecom Regulation Authority of India (TRAI);
• in compliance with the relevant guidelines of TRAI or such other authority.

18.3. Independent contractors. Nothing in these Terms and Conditions shall be deemed to constitute either Party a partner, agent or legal representative of the other Party, or to create any fiduciary relationship between the Parties.

18.4. Severability. It is the intent of the Parties that in case any one or more of the provisions contained in these Terms and Conditions shall be held to be invalid or unenforceable in any respect, such provision shall be modified to the extent necessary to render it, as modified, valid and enforceable under applicable laws and such invalidity or unenforceability shall not affect other provisions of these Terms and Conditions.

18.5. Notices. Notices to be issued pursuant to these Terms and Conditions shall be delivered to the registered address of the relevant Party as first mentioned herein, or such other address as may be notified by the relevant Party (such change to address shall come into effect 5 (five) business days after delivery thereof).

Through the BharatPe Refer and Earn Program ("Refer and Earn Program") merchants can get a chance to earn/win cashback/rewards by simply referring BharatPe applications to your friends and acquaintances.

19.1. Applicability & Eligibility Criteria

19.2. Rewards/Cashback

19.3. General/Miscellaneous

 

BHARATPE FEES (exclusive of Taxes)

BharatPe shall charge fixed commission on transactions, represented herein as “BharatPe Fees” as per the table below. BharatPe may revise the BharatPe Fees at its sole discretion with prior notice of 15 days. Continued usage of BharatPe Services post notice of revision shall be deemed as acceptance of revised BharatPe Fees.

 

 

BharatPe Fees for RuPay Credit Card via UPI

 

Prohibited Services

• Adult goods and services which includes pornography and other sexually suggestive materials (including literature, imagery and other media); escort or prostitution services; Website access and/or website memberships of pornography or illegal sites.

• Body parts which includes organs or other body parts;

• Child pornography which includes pornographic materials involving minors;

• Gaming/gambling which includes lottery tickets, sports bets, memberships/ enrolment in online gambling sites, and related content;

• Virtual currency or credits that can be monetized, re-sold or converted to physical or digital goods or services or otherwise exit the virtual world.

• Money laundering services.

• Forex services

• Bullion Trading

• Dealing in, buying and/or selling cryptocurrency, non-fungible tokens, crypto assets, crypto currency exchange

• Drugs and drug paraphernalia, which includes illegal drug accessories.

• Religious products which are making false claims or hurting someone's religious feelings

• Weapons which include firearms, ammunition, knives, brass knuckles, gun parts, and other armaments

• Any Merchant categories banned under the Central or State laws and regulations as applicable

• Merchant posing a high brand / reputational risk

• Merchant operating in financial products / services that are not regulated

RIPL partners with third party agencies to ensure delivery/shipping of your devices/goods. You also acknowledge that RIPL shall only be responsible to facilitate the delivery through third party agencies and RIPL shall not be responsible for any theft, damage fault, error, delay by such agencies.