Terms And Conditions - Pointpal India
The terms and conditions (hereinafter referred to as “Terms and Conditions”) mentioned herein is applicable to the usage of the “Pointpal” (Payment Services)” and required to be agreed to and accepted before its usage.
The Terms and Conditions specified below govern and constitute the entire agreement and/or arrangement between you and “Pointpal India Pvt Ltd” , having ( CIN: U47990DL2023PTC415718) registered office in 103, Tirupati Plaza, A 212-C, Shakarpur, New Delhi-110092 in relation to the “Pointpal” (Payment Services)” , as amended from time to time at the at the sole discretion of the Pointpal.
By completing the sign-up process for availing the “Pointpal” (Payment services)”, you are deemed to have expressly read, understood, and accepted each Terms and Conditions mentioned herein.
You agree to be bound by all the Terms and Conditions mentioned herein, as may be amended from time to time, at the sole discretion of the Pointpal.
In this Terms and Conditions, unless the contrary intention appears and/or the context otherwise requires, capitalized terms defined by:
(i) inclusion in quotations and/ or parenthesis have the meanings so ascribed; and
(ii) the following terms shall have the meanings assigned to them herein below:
a) “Payment services” refers to various type of bill payment services available on Pointpal platform.
b) “Application Form” shall mean as the context may permit or require, the Pointpal application form submitted by the Customer for the purpose of becoming registered user on Pointpal.
c) “Business Day” means a day other than a Sunday or Public Holiday as defined under Section 25 of Negotiable Instrument Act, 1881 on which banks are open to transact business of banking.
d) “Charges” means such levy, costs and charges levied by Pointpal for usage of the services, as amended from time to time.
e) “Customer” or “Holder” shall mean any individual, limited liability partnership firm, partnership, society, company or any other organization or entity under applicable laws, who is registered user on Pointpal.
f) “Customer Care Centre” refers to Program Phone Banking Service provided by Pointpal for addressing all queries, complaints raised by the Customer or any details or information sought by the Customer in relation to the product or services with Pointpal.
g) “Payment service Agreement” means the agreement or arrangement letter signed and executed by the Customer with the company for issuance of the Pointpal to its employees/ contractual staff and includes any amendments made thereto from time to time.
h) “EDC” or “Electronic Data Capture” means terminal, printer, other peripheral and accessory and necessary software on which the Pointpal can be swiped or used to initiate a transaction.
i) “Internet Payment Gateway” means the protocol stipulated/to be stipulated by Pointpal authorizing the payments through the channel via internet upon authentication of the Customer.
j) “Payment Channel” shall mean various modes of transactions including but not limited to EDC/ POS terminals/kiosks / Internet Payment Gateway and various other modes as intimated by Pointpal from time to time.
k) “POS” or “Point of Sale” means electronic terminals maintained by Merchant Establishments in India at which the Customer can use the Pointpal for the purpose of making bill payments services, including other financial services etc.
l) “Program” shall mean Pointpal program to offers the Customer.
m) “Schedule of Fees/Charges” shall mean the details of fees or charges as may be prescribed by Pointpal from time to time and displayed on its Website, amended from time to time.
n) “Statement” means a monthly statement of the Pointpal transaction available in the records setting out the financial transactions that have been carried out or made through the Pointpal, along with the balance.
o) “Transaction” means any transaction initiated on the Pointpal by the Customer at any MasterCard/Visa/Rupay/JCB affiliated Merchant Establishment.
p) “Transaction Limit” shall mean the maximum value of purchase that the Customer can make at Merchant Establishment or over the internet directly or indirectly by using the Pointpal on any given day or for such periods as may be stipulated by Pointpal from time to time, provided that in no event shall such amount be more than the amounts transferred to the Pointpal issued to the Customer, after deducting the aggregate debits made thereon pursuant to the use of the Payment services by the Customer.
q) “Website” shall mean the website owned, established, and maintained by Pointpal located at the URL: www.Pointpal.io or any modifications or amendments thereto from time to time.
r) “POINTPAL” shall mean. a “brand” to a company within the meaning of the Companies Act 1956 and a banking within the meaning of section 5 (c) of the banking Regulation Act, 1949, having its registered office at 103, Tirupati Plaza, A 212-C, Shakarpur, New Delhi-110092.
In these Terms and Conditions, unless the contrary intention appears:
a) a reference to an “amendment” includes a supplement, modification, novation, replacement, or re-enactments and “amended” is to be construed accordingly.
b) an “authorization” or “approval” includes an authorization, consent, clearance, approval, permission, resolution, license, exemption, filing and registration.
c) “law” includes any constitution, statute, law, rule, regulation, ordinance, judgment, order, decree, authorization, or any published directive, guideline, requirement, or governmental restriction having the force of law, or any determination by or interpretation of any of the foregoing by any judicial authority, whether in effect as of the date of signing/submission of the Application Form or thereafter, and each as amended from time to time.
d) “Force Majeure Event” means any event due to any cause beyond the reasonable control of the Pointpal, including without limitations, unavailability of any communication systems, breach, or virus in the processes or payment or delivery mechanism, sabotage, fire, flood, explosion, acts of god, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorized access to computer data and storage devices, computer crashes, malfunctioning in the computer terminal or the systems getting affected by any malicious, destructive, or corrupting code or program, mechanical or technical errors/failures or power shut down, faults or failures in telecommunication etc.
e) the singular includes the plural and vice versa.
f) the headings in these Terms and Conditions are inserted for convenience of reference only.
g) reference to the words “include” or “including” shall be construed without limitation.
h) reference to a gender shall include reference to the female, male and neuter genders.
i) all approvals, permissions, consents, or acceptance required from Pointpal for any matter shall require the prior written approval, permission, consent, or acceptance of Pointpal.
j) in the event of any disagreement or dispute between Pointpal and the Customer regarding the materiality of any matter including any event, occurrence, circumstance, change, fact, information, document, authorization, proceeding, act, omission, claims, breach, default or otherwise, the opinion of Pointpal as to the materiality of any of the foregoing shall be final and binding on the Customer.
III. APPLICABILITY OF TERMS AND CONDITIONS:
a)These Terms and Conditions along with the General Terms and Conditions cumulatively form the entire contract between the Customer and Pointpal for usage of the Pointpal.
b) The Pointpal user account shall not be transferable to other individual or party.
c) The Pointpal services shall be valid only within the territory of India and for transactions in Indian Rupees only. The Pointpal services cannot be used outside the territory of India or for any transactions denominated in foreign currency.
d) The Customer acknowledges that all refunds in case of failed, returned, rejected, or cancelled Transactions done by the Customer using any other payment instrument cannot be credited in the Pointpal user account.
e) The Member undertakes to always act in good faith in relation to all dealings in relation to the Pointpal. The Customer accepts full responsibility for any illegal or wrongful use of the Pointpal in contravention to the Terms and Conditions contained herein and undertakes and agrees to indemnify Pointpal against any loss, damage, interest, conversion, any other financial charge that Pointpal may incur and/or suffer, whether directly or indirectly, as a result of the Customer committing any violations of the Terms and Conditions contained herein.
f) The Customer agrees that he/she will not use the Pointpal Payment services for making payment(s) of any goods and services, which is illegal under the Applicable laws.
g) The Customer hereby agrees to receive SMS or emailing alerts from Pointpal for all Transactions done using the Pointpal Payment services.
h) The Customer agrees that Pointpal may, at its sole discretion, utilize the services of external service provider/s or agent/s and on such terms as required or necessary, in relation to its services.
i) The Customer shall have access to Frequently Asked Questions (“FAQ”) as uploaded by Pointpal on its Website, from time to time.
a) In the event of any breach of these Terms and conditions by the Customer, Pointpal shall have the sole right to forthwith cancel or terminate the business relation, without any further claim, demand or dispute upon Pointpal.
b) The Customer undertakes and agrees to indemnify Pointpal against any loss, damage, claim, penalty, cost, charges, or expenses (including legal counsel fees) that Pointpal may incur and/or suffer, whether directly or indirectly, as a result of the Customer committing any breach of the Terms and Conditions contained herein.
V. TERM & TERMINATION
a) The Customer may at any point of time, request for termination of the membership of PointpalPayment services.
b) The Customer understands that such notice will not take effect until the Pointpal has been defaced by cutting off the top right-hand corner, ensuring that both the hologram and the magnetic strip have been cut and has been destroyed or received by Pointpal. The Customer agrees that the Customer shall continue to be liable for any Charges incurred on the Pointpal prior to the termination of the Pointpal, irrespective of the fact whether the Customer has or claims to have destroyed the Pointpal.
c) Pointpal may at its sole discretion terminate the Payment services.
(i) In the event the Customer is declared insolvent or death of the Customer
(ii) In the event of the Customer committing breach of any of the terms, conditions, stipulations, or its obligations under these ‘“Terms and Conditions.”’
(iii) In the event of any restriction imposed on the Customer by an Order of a competent Court or Order issued by any regulatory or statutory authority in India or any investigating agency.
(iv) In the event the Pointpal Program becomes illegal under the applicable laws, rules, guidelines or circular.
(v) In the event the entire Pointpal Program is terminated.
d) Pointpal, at its sole discretion, reserves the right to, either temporarily or permanently, withdraw the privileges on the Pointpal and/or terminate the payment services at any time without giving any notice or assigning any reason thereof. In case of a temporary withdrawal, the privileges attached to the Pointpal shall be reinstated by company at its sole discretion.
a) Any notice to be given by Pointpal here under shall be deemed to have been received by the Customer, within seven (7) days from the date of the notice or email sent by Pointpal at the registered email provided to or available with Pointpal.
b) Any notice to be given by the Customer hereunder shall be deemed to have been received by Pointpal only upon acknowledgement of receipt of such notice by company at its Corporate Office Address.
c) Any notice or communication from the Customer hereunder shall not be binding on Pointpal unless the same is in writing and shall have been served and acknowledged by company or if by registered post, acknowledgement card.
Charges shall include:
a)Any fees charged by Pointpal in respect of the Pointpal, including replacement, renewal, handling and other fees, if any. These fees are non-refundable, non- transferrable and non-assignable in nature.
b)Service Charges on specific types of Transactions. The method of computation of such Charges will be as notified by Pointpal from time to time on its website: “in”.
c) All Charge, in the absence of manifest error, shall be final and binding on the Customer and shall be conclusive in nature.
d) All statutory taxes, goods and service tax, all other imposts, duties (including stamp duty and relevant registration charges, if any, in connection with the Payment services and taxes (of any description whatsoever) as may be levied from time to time by the Government or other authority in respect of or in connection with the Pointpal, will be borne by the Customer.
VIII. EXCLUSION OF LIABILITY
Without prejudice to the foregoing, Pointpal shall be under no liability or responsibility to the Customer or any third party, in respect of any loss or damage arising, directly or indirectly out of:
a) Any defect in any goods or services supplied.
b) Any disputes regarding the quality, value warranty, delay of delivery, non-delivery, non-receipt of any goods or services.
c) The refusal of any person to honour or accept the Pointpal Payment services.
d) Any Force Majeure events.
e) Any discrepancy between the amount allocated to a Pointpal upon receipt of instructions in this regard from the Customer.
f) Any reversals done on the Pointpal on request of the Customer.
IX. DISPUTED TRANSACTIONS
a) Any charge or Transaction slip or other payment requisition received by Pointpal for payment shall be conclusive proof of such Charge.
b) All disputed Transactions in relation to the Pointpal shall be required to be raised with the Customer Care Centre maintained by company, within fifteen (15 )days from the date of the disputed transaction. The Customer acknowledges that any request, after 15 days from the date of the disputed transaction shall not be accepted by Pointpal.
a) The Customer acknowledges and consents to sharing of information pertaining to the Customer and the usage of the Pointpal Payment services with any other financial institutions or statutory or regulatory authorities.
b) The Customer hereby authorizes Pointpal and its agents to exchange, share or part with all the information relating to the Customer’s details and payment history with Pointpal group companies or Affiliates.
XI. GOVERNING LAW & JURIDICTION
All disputes arising in relation to these Terms and Conditions shall be governed by and construed in accordance with the laws of India and shall be subject to the exclusive jurisdiction of the Courts of Mumbai.
XII. CHANGING THESE TERMS AND CONDITIONS
a) “Pointpal” reserves the sole right to change, these Terms and conditions, features and benefits offered on the Pointpal Payment Services, including but not limited to interest charges or rates and methods of calculation.
b) Pointpal shall communicate the amended Terms and Conditions by hosting them on its website, www.Pointpal.in, or in any other manner as decided by the company.
c) The Customer shall be responsible for reviewing these Terms and Conditions, including amendments thereto as may be posted on the Pointpal website: “www.Pointpal.io” and shall be deemed to have accepted the amended Terms and Conditions by continuing to use the Pointpal.
XIII. CUSTOMER GRIEVANCE & REDRESSAL
a)In the event of any dispute or grievance in relation to the Pointpal and/or these Terms and Conditions, the Customer may contact the Pointpal 24 hours Customer Care number at “+91 9811988333” or Email: info@Pointpal.in.
b) In the event the dispute or grievance in relation to the Pointpal and/or these Terms and Conditions is not adequately address or resolved by the Pointpal- Customer Care, the Customer may approach the company Nodal Officer details of which can be found on website.
c) Pointpal agrees that all complaints, disputes or grievances raised by the Customer shall be addressed and/or resolved in a time bound manner.