TATA PAY USER AGREEMENT
Tata Payments Limited (“TPL”, “we”, “our” or “us”) is offering certain payment services like Bill Payments and UPI (“Tata Pay”) through which users (“Users” or “you”) of the Tata Pay platform (“Platform”) may complete transactions with the companies and brands whose products and services are being offered for sale on the TCP. By using the services and functionalities of Tata Pay, you agree that:· you have read and accept this Tata Pay User Agreement (“User Agreement”); and· you have read and accept the Bill Pay Terms which govern your use of the Bill Pay Services (please refer to Annexure I of this User Agreement); and· you have read and accept the UPI Terms and Conditions which govern your use of the UPI Services (please refer to Annexure II of this User Agreement); and· you consent to the collection, use, and disclosure of your personal data in accordance with TDL’s Privacy Notice which shall apply mutatis mutandis.We reserve the right, in our discretion, to make changes or modifications to this User Agreement at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of this User Agreement and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review this User Agreement to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised User Agreement by your continued use of Tata Pay after the date such revised terms are posted.1. REGISTRATION AND OUR ROLE1.1. Eligibility1.1.1. To use Tata Pay, you may need to register for an account with the Tata Consumer Platform (the “Membership Account”) by providing complete and accurate registration information, including your name, age, residential address, phone number, email ID and such other details as set out in the registration form and be at least 18 years old and a resident of India. If you are a minor, i.e., under the age of 18 years, you may use the Tata Pay services only with the involvement of a parent or guardian.1.1.2. If you do not meet our eligibility requirements, you may not be able to maintain a Membership Account with us or your use of Tata Pay will be limited. We treat all activities under a Membership Account to be those of the registered user. User shall only use Tata Pay to transact on their own Membership Account and not on behalf of any other person or entity. You shall update registration information promptly upon any change so that it is at all times complete and accurate.1.1.3. We reserve the right to refuse to provide or discontinue Tata Pay to any person or entity at any time for any reason.1.2. Creating Membership AccountsTo enable the use of Tata Pay, you must either (a) register using your existing Membership Account, or (b) complete the registration process for new users by entering all of the required information. If you register using your Membership Account, the information in your existing Membership Account will be used to complete your registration. If you do not have an existing Membership Account at the time you register with Tata Pay, a new Membership Account will be automatically and concurrently established in your name with the same e-mail address/phone number and password you provide to us.1.3. VerificationWe may require you to provide additional information to verify your identity as a condition of providing Tata Pay to you or before we permit you to make use of Tata Pay through your Membership Account. We may make, directly or through any third party, any inquiries we consider necessary to validate information that you provide to us, including without limitation checking commercial databases or credit reports. You authorize us to obtain one or more of your credit reports, from time to time, to establish, update, or renew your Membership Account with us or in the event of a dispute relating to this User Agreement and activity under your Membership Account.1.4. Credentials and Security1.4.1. Your email address/phone number and a password that you select will be used to access the Platform and for communications with you, including as described in Clause 5. You also may be prompted to answer several security questions or select other issued security access keys or credentials that may be used to enable access to Tata Pay and authorize transactions. Your password and access keys are your “Credentials”.1.4.2. You are responsible for maintaining the secrecy and security of your Credentials and for restricting access to personal devices and systems that may store the Credentials, and you agree to accept responsibility for all activities that occur under your Membership Account or password. You should take all necessary steps to ensure that the Credentials are kept confidential and secure. You should not disclose your Credentials to any third party. If any of your Credentials are compromised, you must notify us immediately at customercare@tatadigital.com so that we can suspend use of your Membership Account with Tata Pay in order to avoid unauthorized transactions. You must also notify us through the Contact Us form if you wish to request us to unblock your Membership Account.1.5. Our Role1.5.1. Except for our limited role in providing the services of Tata Pay on the Platform in respect of payments that you authorize or initiate, we are not involved in any underlying sales transaction between you and any merchants. The Tata Pay services and functionalities may be offered through the use of services of one or more third parties, affiliates, processors, and/or financial institutions (the “Processors”). The specific functionalities of the Tata Pay services available to you may vary depending on the merchant with whom you are transacting.1.5.2. TPL is neither the buyer nor the seller of the products or services that any merchant offers for sale and is not a party to the sales contract between the User and any merchant. We will not mediate disputes between you and any merchant or enforce or execute the performance of any sales contract.1.6. Privacy1.6.1. The personal information and data generated by you in the course of your use of Tata Pay shall be collected by us and treated and processed in accordance with the Privacy Notice and applicable law.1.6.2. Further, specifically, TPL may share your payments related information, including transaction data, with the Processors, merchants and other service providers as required for the purpose of operations, settlement payment processing, and promoting Tata Pay.1.6.3. For the purposes of completing payments, you agree and specifically consent that TPL may store your information and details of your payment instruments including bank account number.1.6.4. You agree and specifically consent that TPL may, through automated means, access your Tata Pay navigational, log, and correspondence information/data. This information/data will help us analyze the merchants, markets, technology, operating systems, browsers, devices, locations from/for which Tata Pay is being used. Such information and its analysis will help us to better understand your needs and provide you with a wider range of services, or developing updates for particular operating systems and mobile application versions, etc. The information collected also helps us offer you other products, programs, or services including offers that may be provided by merchants that we believe may be of interest to you or alert you in case of software compatibility issues.1.6.5. You agree and specifically consent that TPL or its affiliates may, through automated means, access your messages on your mobile device/mobile number and retrieve/use information from your messages to provide you with enhanced services.2. YOUR MEMBERSHIP ACCOUNT2.1. Your Membership Account permits you to make purchases where Tata Pay is accepted. Some features of Tata Pay may be limited based on parameters determined by us including your location, provided information or our risk parameters. You agree to provide any information that we or our Processors may require to provide the Tata Pay services or that may be required by law or guidelines of any regulatory authority.2.2. Membership Account History.2.2.1. When a payment is authorized to or from a Membership Account, we will update your account activity on the Platform and issue a transaction confirmation (directly or through our Processors). The confirmation will serve as your receipt for the purchase of any products or services through Tata Pay. You may receive a separate receipt from the merchant. Summaries of your Membership Account activity, including monthly statements, are available in the “Your Account” area of the Platform.2.2.2. You are solely responsible for (a) compiling and retaining permanent records of all transactions and other data associated with your Membership Account and your use of Tata Pay, and (b) reconciling all payment activity to and from your Membership Account and all other transactional information that is associated with your Membership Account. Upon the termination of this User Agreement for any reason, we will not have any obligation to you, except as required under applicable law.2.3. Unauthorized Membership Account Activity.2.3.1. Subject to the limitations in this User Agreement, you shall inform us immediately in the event of any unauthorized use of your Membership Account has ocurred.2.3.2. TPL is not responsible for any unauthorized transactions undertaken through your Membership Account.2.3.3. You are responsible for all losses relating to an unauthorized transaction from your Membership Account if you have acted fraudulently or failed, either intentionally or negligently, to use your Membership Account in accordance with this User Agreement or the Terms of Use, to protect your Credentials, or to notify us of any unauthorized transaction in the manner set out in Clause 2.3.1.2.4. Acceptable Use.2.4.1. You will at all times adhere to all applicable laws, rules, and regulations applicable to your use of Tata Pay. Without limiting the foregoing, you may not act as a payment service provider, intermediary, aggregator or otherwise resell Tata Pay on behalf of any third party, including without limitation the processing and transmission of funds for any third party. We may inspect your Membership Account for any reason, including without limitation to investigate any alleged violation of this User Agreement or any third-party complaints.2.4.2. You shall not use Tata Pay in any way that causes, or is likely to cause, Tata Pay or access to it by other users to be interrupted, damaged or impaired in any way.2.4.3. You understand that you, and not TPL or any of its affiliates, are responsible for all electronic communications and content sent from your computer or other systems to us and to the persons you transact with using Tata Pay. You shall use Tata Pay for lawful purposes only. You shall not use Tata Pay for any of the following:(a) For fraudulent purposes, or in connection with a criminal offense or other activity that violates any applicable law;(b) For any cause or action that is in violation of the Terms of Use of the Platform; or(c) To cause annoyance or inconvenience to any other person.2.5. Errors. In case of a transaction which remains non-executed or defectively executed by us through our Processors, we will rectify the error, subject to the terms of this User Agreement. In this case, your Membership Account will be refunded with the amount of the non-executed or defectively executed transaction other actions as may be necessary to restore the Membership Account to the state in which it would have been had the defective transaction not taken place shall be undertaken. We will make efforts to trace the transaction and will notify you of the outcome.2.6. Refunds. In case you request for a refund due to the return of a product or service purchased from a merchant using Tata Pay, refunds shall be issued in accordance with the relevant merchant’s return and refund policies. TPL bears no responsibility regarding the same.3. IMPLEMENTATION3.1. Technical Specifications.You will comply with any technical and operational specifications provided or made available by us with respect to Tata Pay (the “Specifications”). We reserve the right to update or modify the Specifications at any time.3.2. Updates.We may make modifications, updates or upgrades to the Tata Pay services and functionalities or Specifications. The provision of any specific functionalities as of the date of your entering into this User Agreement does not guarantee the continued provision of such functionalities in the Tata Pay services.4. TERM AND TERMINATION4.1. Term.This User Agreement commences on the earlier of the date that you use Tata Pay to login on the website of a merchant who accepts Tata Pay, make a purchase using Tata Pay or register for a Membership Account on the Platform. The User Agreement shall continue unless and until terminated in accordance with the provisions of this Clause 4. You may initiate termination of this User agreement by contacting us at customercare@tatadigital.com. We shall have the right to terminate this User Agreement without any prior notice to you.4.2. Suspension or Termination by TPLTPL may terminate the provision of the Tata Pay services and this User Agreement, for any reason at any time without written notice.Further, we may suspend your access to Tata Pay and block access to your Membership Account and deactivate it under the following circumstances:(a) you have violated the terms of this User Agreement;(b) we determine that you pose an unacceptable credit or fraud risk to us;(c) you provide or have provided false, incomplete, inaccurate, or misleading information (including without limitation any registration information) or otherwise engage in fraudulent or illegal conduct;(d) we have security concerns regarding your Platform Membership Account, including your Credentials, or(e) we suspect unauthorized or fraudulent use of your Membership Account or any payment information in your Membership Account.In such cases we will inform you of the deactivation of your Membership Account and the reasons for it, where possible, before the deactivation and in any event promptly thereafter, unless we determine that giving such information would compromise security concerns or is prohibited by applicable law. We will reactivate your Membership Account or Credentials, or replace it or them, as applicable, once we have resolved the reasons for deactivation.4.3. Effect of TerminationWe will not be liable to you for compensation, reimbursement, or damages of any kind, direct or indirect, including any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us in connection with your use of Tata Pay, or in connection with any termination or suspension of Tata Pay. Upon termination of this User Agreement for any reason:(a) you will remain liable for all fees, charges and other payment obligations that have been incurred through the date of termination with respect to the use of Tata Pay;(b) all license or other rights granted to either party under this User Agreement will immediately terminate;(c) your access to the Platform will be terminated and your Membership Account will be deactivated.4.4. SurvivalIn addition to your payment obligations arising under this User Agreement, Clauses 1.5 (Our Role), 1.6 (Privacy), 4.3 (Effect of Termination), 5 (Communications), 7 (Intellectual Property), 8 (Indemnity and Limitation of Liability), 9 (Tax) and 10 (Miscellaneous) of this User Agreement shall survive and remain in effect in accordance with their terms upon the termination of this User Agreement.5. COMMUNICATIONSWhen you use Tata Pay or send e-mails to us, you are communicating with us electronically. You will be required to provide a valid phone number to process a transaction using Tata Pay. We may communicate with you by e-mail, SMS, phone call or by posting notices on the Platform or by any other mode of communication. Through your use of Tata Pay, you consent to receive communications including SMS, e-mail or phone calls from us with respect to your use of Tata Pay, including for the following purposes:a. providing you with the functionalities of Tata Pay and transactional or account related information;b. sending you payment related reminders/updates;c. promoting Tata Pay or the Platform or any of TPL’s and its affiliates’ other products and services;d. promoting merchants’ services, including any offers or schemes or prizes that may be provided by these entities;e. promoting new products and activities;f. investigating or resolving any product or Tata Pay-related concerns including complaints; org. obtaining your invaluable feedback.In order to serve you better, we may also send you surveys to understand: (i) your experience with Tata Pay, and/or (ii) your needs and requirements.You may choose to, or we may invite you to, submit comments or ideas about Tata Pay, including without limitation about how to improve Tata Pay. By submitting any idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place us under any fiduciary or other obligation, and that we are free to use the idea without any additional compensation to you, and/or to disclose the idea on a non-confidential basis or otherwise to anyone.Some of the Tata Pay features may display advertisements and promotions. In consideration for TPL granting you access to and use of Tata Pay, you agree that TPL may place such advertising and promotions.6. ACCESS TO TATA PAYTPL undertakes to make best efforts to ensure the uninterrupted availability of Tata Pay and to ensure that transmissions and communications in this regard are error-free. However, due to the nature of the internet, this cannot be guaranteed and TPL shall not be held liable for any interruptions in providing the Tata Pay services. Further, Users’ access to the Platform or the TCP Membership Account for the use of Tata Pay may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice.7. INTELLECTUAL PROPERTY7.1. TPL, its licensors and their respective affiliates, as the case maybe, are the sole and exclusive owners or licensees of the trademarks, service marks, trade names, logos, and copyrighted or copyrightable materials of Tata Payments Limited and its affiliates. Users shall not, directly or indirectly, interfere with, challenge, file applications for, or claim ownership of these trademarks anywhere in the world.7.2. You shall not make any public statement related to Tata Pay or use TPL’s or any of our affiliates’ or Processors’ names, trademarks or logos in any way without our prior written permission, or misrepresent or embellish the relationship between us in any way.8. INDEMNITY AND LIMITATION OF LIABILITY8.1. IndemnityYou shall indemnify and hold harmless TPL and its affiliates, and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of:o your use of Tata Pay;o breach of your representations, warranties, or obligations set forth in this User Agreement;o any dispute or litigation caused by your actions or omissions;o your negligence or violation or alleged violation of any applicable law, rules or regulations or the rights of any third party.8.2. ReleaseYou hereby expressly release TPL and its affiliates and/or any of their officers and representatives from any cost, damage, liability or other consequence of any actions or omissions of any merchant and specifically waive any claims or demands that you may have in this regard under any statute or contract, in equity, or otherwise.8.3. We are not responsible for examining or evaluating, and we do not warrant or endorse the offerings of any merchants, or the content of their marketing materials, websites or other sales channels. TPL and its affiliates do not assume any responsibility or liability for the actions or omissions, products, and content of any marketing materials, website or other sales channels of these and any other third-parties.8.4. We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using Tata Pay.8.5. We will not be held responsible for any delay or failure to comply with our obligations if the delay or failure arises from any cause which is beyond our reasonable control.8.6. TPL shall not be responsible for: (a) any loss or misdirection of, or delay in receiving, any payments due through Tata Pay; (b) theft or unauthorized utilization of Tata Pay Balance; (c) any acts or omissions of third parties (including, without limitation, merchants); or (d) any errors published in relation to Tata Pay, including, without limitation, any pricing or typographical errors, errors of description, and errors regarding merchants. TPL reserves the right to correct, without notice, any errors.9. TAX9.1. Unless stated otherwise, any and all fees payable by you pursuant to your use of Tata Pay are exclusive of applicable national, state or local sales or use taxes or value added tax or service tax or goods and services tax (“Taxes”) that TPL is legally obligated to charge under applicable law.9.2. If we are required to deduct any Taxes on any payments to be made to you, we will have the right to deduct the required amounts and pay such amounts to the applicable regulatory authority on your behalf. You will not make any claim against us in respect of any such deduction made pursuant to this User Agreement. Throughout the term of the User Agreement, you will provide us with any forms, documents, or certifications, including Permanent Account Number as may be required by us to satisfy any information reporting or Tax obligations with respect to any payments made using Tata Pay.10. MISCELLANEOUS10.1. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITYTATA PAY AND ALL RELATED INFORMATION, CONTENT, MATERIALS, AND SERVICES MADE AVAILABLE TO YOU ARE PROVIDED BY TATA PAYMENTS LIMITED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TATA PAYMENTS LIMITED MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO TATA PAY INCLUDING WITHOUT LIMITATION: (A) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, SUITABILITY, RELAIBILITY, COMPLETENESS, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT; (B) THAT TATA PAY WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OPERATE WITHOUT ERROR, OR WILL CONTAIN ANY PARTICULAR FEATURES OR FUNCTIONALITY; (C) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR TRADE USAGE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF TATA PAY IS AT YOUR SOLE RISK AND THAT YOU ARE USING YOUR BEST AND PRUDENT JUDGMENT BEFORE ENTERING INTO ANY TRANSACTIONS USING TATA PAY; (D) ELECTRONIC COMMUNICATIONS SENT FROM TATA PAYMENTS LIMITED OR ITS AFFILIATES ARE FREE OF VIRUSES OR OTHER MALWARE OR HARMFUL COMPONENTS.AT NO TIME SHALL ANY RIGHT, TITLE OR INTEREST IN THE PRODUCTS SOLD BY MERCHANTS ON THE PLATFORM VEST WITH TATA PAY LIMITED NOR SHALL TATA PAY LIMITED HAVE ANY OBLIGATIONS OR LIABILITIES IN RESPECT OF ANY TRANSACTIONS BETWEEN USERS AND MERCHANTS. WE SHALL NEITHER BE LIABLE NOR BE RESPONSIBLE FOR ANY ACTIONS OR INACTIONS OR ANY BREACH OF CONDITIONS, REPRESENTATIONS OR WARRANTIES BY MERCHANTS AND HEREBY EXPRESSLY DISCLAIM ANY AND ALL RESPONSIBILITY AND LIABILITY IN THAT REGARD. WE DO NOT IMPLICITLY OR EXPLICITLY SUPPORT OR ENDORSE THE SALE OR PURCHASE OF ANY MERCHANTS’ PRODUCTS.TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR AFFILIATES (AND OUR AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, AGENTS AND REPRESENTATIVES) WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS USER AGREEMENT OR TATA PAY (INCLUDING THE INABILITY TO USE TATA PAY), UNLESS OTHERWISE SPECIFIED IN WRITING. IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR AFFILIATES (AND OUR AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, AGENTS AND REPRESENTATIVES) WILL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY SERVICES OR PRODUCTS PURCHASED OR TRANSACTIONS ENTERED INTO THROUGH TATA PAY.WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL WE OR ANY OF OUR AFFILIATES BE LIABLE TO YOU FOR ANY FAILURE OR DELAY BY US (OR OUR EMPLOYEES, AGENTS, OR REPRESENTATIVES) IN PERFORMING OUR OBLIGATIONS UNDER THIS USER AGREEMENT, WHERE SUCH FAILURE OR DELAY IS CAUSED BY UNFORESEEABLE CIRCUMSTANCES OR CIRCUMSTANCES BEYOND OUR CONTROL, OR WHERE WE ARE BOUND BY OTHER LEGAL OBLIGATIONS UNDER APPLICABLE LAW.10.2. APPLICABLE LAWThe laws of India without regard to the principles of conflict of laws will govern this User Agreement and any dispute of any kind that may arise between you and TPL.10.3. DISPUTESTo expedite resolution and control the cost of any dispute, controversy, or claim related to this User Agreement (each a "Dispute") brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least ninety (90) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration in accordance with the Arbitration and Conciliation Act, 1996, as amended, and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction in respect thereof. Each Party shall nominate and appoint a competent arbitrator. The two nominee arbitrators shall jointly appoint the third arbitrator who shall be the chairman of the arbitration panel.You agree that you shall only be entitled to pursue remedies under this Clause 12.3 in case of any Dispute with TPL or in case of a Dispute with any other person, including any merchant, to which TPL is sought to be made a party by you or such other person, and that you shall not seek any other relief or initiate any other proceedings, including under the Consumer Protection Act, 2019.Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from this User Agreement.Exceptions to ArbitrationThe Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration:(a) any Dispute seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party;(b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and(c) any claim for injunctive relief.Subject to this clause 12.3, Disputes arising from or relating to Tata Pay shall be subject to the exclusive jurisdiction of courts at Mumbai, India.10.4. MODIFICATIONWe reserve the right to make changes to Tata Pay, the policies set out in this document (the “Policies”) and this User Agreement at any time, in our sole discretion. You will be subject to the terms of this User Agreement and the Policies in force at the time that you use Tata Pay, unless any change to the Policies or this User Agreement is required to be made under applicable law or by any government authority.10.5. SEVERABILITYIf any of the terms and conditions of this User Agreement shall be deemed invalid, void, or for any reason unenforceable, such terms and conditions shall be deemed severable and shall not affect the validity and enforceability of any remaining terms and conditions of this User Agreement.10.6. ASSIGNMENTYou may not assign or transfer any rights, obligations, or privileges that you have under this User Agreement without our prior written consent. Subject to the foregoing, this User Agreement will be binding on each party’s successors and permitted assigns. Any assignment or transfer in violation of this User Agreement will be deemed null and void. TPL shall have the right to assign this User Agreement without your prior written consent or intimation.10.7. WAIVERTPL’s waiver of any breach of this User Agreement by any User will not constitute a waiver of any other prior or subsequent breach of this User Agreement. TPL’s failure to insist upon strict compliance with the provisions of this User Agreement by any User will not be deemed a waiver of any rights or remedies TPL may have against that or any other User. TPL may waive compliance with this User Agreement in its sole discretion and may provide enhanced functionalities from time to time in respect of Tata Pay to select Users.10.8. ENTIRE AGREEMENTThis User Agreement, together with any other terms and conditions, rules, or regulations incorporated herein or referred to herein constitute the entire agreement between TPL and the Users relating to the subject matter hereof, and supersede any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on the TCP mobile or web application and the websites of merchants.10.9. LEGAL ACTIONNothing contained in this User Agreement will limit TPL or its affiliates in the exercise of any legal or equitable rights or remedies.Separate documentBILL PAYMENT TERMSTata Payments Limited (“TPL”, “we”, “our” or “us”) is offering recharge and bill pay services (“Bill Pay Services”) to facilitate the recharge of your (“User”, “you” or “your”) prepaid mobile, data or other accounts held with any establishment and/or entity who is providing you with utility services and/or payment services and accepts UPI, debit card/ credit card or other payment options for online or offline purchase of utilities and/or payment services and are supported by TPL for Bill Payment Services either through a biller aggregator or a Bharat Bill Pay Operating Unit (“BBPOU”) (“Biller”).By proceeding to use the BillPay Services, you signify your consent to be bound by these terms of use (hereinafter “BillPay Terms”) in addition to the Tata Pay User Agreement (“General Terms”).We reserve the right, to make changes or modifications to these BillPay Terms at our sole discretion. We will alert you about any changes by updating the “Last updated” date of these BillPay Terms and you hereby waive any right to receive specific notice of each such change. It is your responsibility to periodically review these BillPay Terms to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised BillPay Terms by your continued use of the BillPay Services after the date such revised terms are posted.Wherever the context requires User shall mean any natural or legal person who is a resident of India, at least 18 (eighteen) years of age who is eligible to contract within the meaning of the Indian Contract Act, 1872, and is not an undischarged insolvent.By proceeding to use the BillPay Services, you shall be contracting with TPL, and these Bill Pay Terms including all policies referenced herein will constitute your binding obligations, with TPL in connection with this offering.When you avail the BillPay Services from TPL on the website/application (“Platform”) or through any agents appointed by TPL the respective Biller’s terms and conditions will be applicable to you in addition to these BillPay Terms.By impliedly or expressly accepting the BillPay Terms, you also agree and consent to be bound by all relevant policies of TPL including the Privacy Policy as available on the Platform and www.tatadigital.com/legal.1. General Terms for Recharge & Pay Bills1.1. You agree that TPL is only a facilitator of payments and is not a party to the payments. In certain scenarios, we may act as an intermediary and receive funds pertaining to the BillPay Services on behalf of the Billers. In such scenarios, we would operate purely as the relevant Billers’ payment collection agent for the limited purpose of accepting funds from Users.1.2. TPL facilitates BillPay Services by allowing you to pay for mobile post-paid, prepaid recharge and landline phone bill payment, DTH, other utility payments like electricity, LPG etc. internet broadband, water tax payment, toll tax recharge (FasTag), and other services provided by TPL from time to time which are available under “Pay Bills” section of the Platform through a) partners with whom TPL has a contract or b) through the BBPS infrastructure where the Biller is registered with NPCI for Bill payments.1.3. Offers provided to you by Billers on the Platform are between you and the Biller, TPL is not responsible for the content of such offers or for the fulfilment of such offers.2. Setting up Recharge & Pay Bills2.1. In order to make the recharge or bill payments you will have to provide the unique customer identity/ subscription identity number or bill number or registered mobile number, registered telephone number or such other identifier(s) which are required to fetch the payment/subscription due or bill value, subscription plan, due date, outstanding amount due and such other information necessary to enable the payment to your account with the Biller (“Bill Payment Information”).2.2. You hereby authorize TPL to access, fetch, share, use, store the information related to your account with the Biller on an ongoing basis on your behalf for availing the BillPay Services.2.3. If you use the BillPay Services to provide Bill Payment Information, to fetch bill details, or make payments on behalf of a third party, including for mobile recharges/top ups, it is your responsibility to ensure that you have the consent of such third party. You agree that you have all necessary rights and permissions to allow TPL to use third party Bill Payment Information on an ongoing basis and access the bill details from the respective Biller, on behalf of the third party for the purpose of TPL providing BillPay Services. You agree that as between TPL and you, any claim raised by the third party will solely lie against you.2.4. You understand that correctness of information is of utmost importance for fetching the right bill and subscription value and you accordingly agree that you will ensure and be solely liable for the correctness of all information provided by you to TPL.2.5. Once you register a Biller on the Platform, you may be able to view your current and future bill details or eligible recharge plans or statement from that Biller as and when they are available. You agree that it is your responsibility to ensure that you check your bill details carefully prior to making any payments. In case of any discrepancies, please contact your Biller. You understand that the amount to be paid, recharged or subscription value is an agreement between you and the Biller and TPL has no obligation to verify the correctness of the same. You should always verify and confirm your bill payment requests against any statements or payment records provided by the Biller.2.6. You agree to keep your account information up to date and comply the BillPay Terms and all laws applicable to you. TPL reserves the right to suspend/deactivate/terminate the BillPay Services in case you violate any law or regulation applicable to you or any term of these BillPay Services.2.7. You agree that for providing the Bill Pay Services the User identifier data, location/state and/ / any other personal information may be required to be shared with the Biller for tax /GST purposes.2.8. You agree and authorize TPL to communicate with the Biller, BBPOUs, third party service providers, aggregators with your account information for processing the transaction.2.9. You also agree that TPL may set up reminder facility or auto payment facility which you expressly consent to and understand that payment once made to the Biller for BillPay Services is non - refundable.2.10. You shall be responsible for any duplicate standing instructions for payment or delayed payments or any penalty/ interest levied by the Biller on the payments made.3. Charges3.1. You agree that there may be charges for access, third party payment or such other data fees from TPL or any third-party payment participants and/ or Billers which you expressly agree to pay. You further agree that you shall not hold TPL liable for the any such fees charged by a third-party payment participant.4. Your ResponsibilitiesIn connection with your use of the BillPay Services, it shall be your responsibility to adhere to the following:4.1. You shall always be in compliance with applicable law including and not limited to any BBPS guidelines applicable to your use of the BillPay Services.4.2. You shall verify the status (success/failure) of each bill payment from your transaction history and/or the notifications received from TPL.4.3. You shall be responsible for keeping a track of your bills, subscription fee and recharge expiries and or due dates of any utilities/ services or recurring charge services that you have availed and TPL shall not be responsible for any technical issue related to periodic retrieval of the bills from the Billers or any errors / discrepancies in the bills.4.4. You shall be responsible for scheduling your bill payment and you understand that the payment realization time shall differ for every Biller. We will make payments to Billers only on receipt of your instructions. We shall not be responsible for any delays/ reversals or failure of transaction.5. User Errors5.1. If you erroneously send a payment to the wrong Biller or double pay or send a payment for the wrong amount (for instance a typographical error at your end) your only recourse will be to contact the Biller to whom you have sent the payment and ask them to refund the amount. TPL will not reimburse you or reverse a payment that you have erroneously made.6. Disclaimers6.1. You agree that all risks arising from online transactions will be borne by you.6.2. TPL and any third-party partners make no warranty, express or implied regarding the quality of the BillPay Services including but not limited to the following: i) the BillPay Services will meet your requirements; II) the BillPay Services will be uninterrupted, timely or error free; or III) any products, information or material obtained by you in connection with the BillPay Services will meet your requirements.6.3. TPL facilitates the recharge of your prepaid mobile, data or other accounts. The actual mobile, data or any other service is provided by the prepaid service providers like telecommunications service provider whose account you hold ("Prepaid Service Providers"), or by their distributors and aggregators and not by TPL. You hereby agree that you will be solely responsible for selecting an appropriate plan as may be offered by the Prepaid Service Providers, and for compliance with its terms. You understand that the plans provided on TPL are for reference purposes only. The plans may not be up-to-date and may have changed. You must check with your Prepaid Service Provider for the latest plans and details prior to making a transaction.6.4. You may also choose to enter an ad-hoc amount for bill payment or recharging, however acceptance of it will be solely at the discretion of the Biller. You are responsible for the accuracy of the details entered by you to make a payment or recharge your account. You further agree that TPL will not be liable for any failure on the part of any Biller in effecting a recharge or other bill payment or for any issue related to the quality of service provided by the Biller, and any dispute relating to the same shall be resolved directly between you and the Biller.Annexure IBILL PAYMENT TERMSTata Payments Limited (“TPL”, “we”, “our” or “us”) is offering recharge and bill pay services (“Bill Pay Services”) to facilitate the recharge of your (“User”, “you” or “your”) prepaid mobile, data or other accounts held with any establishment and/or entity who is providing you with utility services and/or payment services and accepts UPI, debit card/ credit card or other payment options for online or offline purchase of utilities and/or payment services and are supported by TPL for Bill Payment Services either through a biller aggregator or a Bharat Bill Pay Operating Unit (“BBPOU”) (“Biller”).By proceeding to use the BillPay Services, you signify your consent to be bound by these terms of use (hereinafter “BillPay Terms”) in addition to the Tata Pay User Agreement (“General Terms”). You hereby agree that in case of any conflict between the General Terms and these BillPay Terms, the BillPay Terms shall prevail in respect of the Bill Pay Services.We reserve the right, to make changes or modifications to these BillPay Terms at our sole discretion. We will alert you about any changes by updating the “Last updated” date of these BillPay Terms and you hereby waive any right to receive specific notice of each such change. It is your responsibility to periodically review these BillPay Terms to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised BillPay Terms by your continued use of the BillPay Services after the date such revised terms are posted.Wherever the context requires User shall mean any natural or legal person who is a resident of India, at least 18 (eighteen) years of age who is eligible to contract within the meaning of the Indian Contract Act, 1872, and is not an undischarged insolvent.By proceeding to use the BillPay Services, you shall be contracting with TPL, and these Bill Pay Terms including all policies referenced herein will constitute your binding obligations, with TPL in connection with this offering.When you avail the BillPay Services from TPL on Tata Pay platform (“Platform”) or through any agents appointed by TPL the respective Biller’s terms and conditions will be applicable to you in addition to these BillPay Terms.By impliedly or expressly accepting the BillPay Terms, you also agree and consent to be bound by all relevant policies of TPL including the Privacy Policy as available on the Platform and https://www.tatadigital.com/legal.7. General Terms for Recharge & Pay Bills1.4. You agree that TPL is only a facilitator of payments and is not a party to the payments. In certain scenarios, we may act as an intermediary and receive funds pertaining to the BillPay Services on behalf of the Billers. In such scenarios, we would operate purely as the relevant Billers’ payment collection agent for the limited purpose of accepting funds from Users.1.5. TPL facilitates BillPay Services by allowing you to pay for mobile post-paid, prepaid recharge and landline phone bill payment, DTH, other utility payments like electricity, LPG etc. internet broadband, water tax payment, toll tax recharge (FasTag), and other services provided by TPL from time to time which are available under “Pay Bills” section of the Platform through a) partners with whom TPL has a contract or b) through the BBPS infrastructure where the Biller is registered with NPCI for Bill payments.1.6. Offers provided to you by Billers on the Platform are between you and the Biller, TPL is not responsible for the content of such offers or for the fulfilment of such offers.8. Setting up Recharge & Pay Bills2.11. In order to make the recharge or bill payments you will have to provide the unique customer identity/ subscription identity number or bill number or registered mobile number, registered telephone number or such other identifier(s) which are required to fetch the payment/subscription due or bill value, subscription plan, due date, outstanding amount due and such other information necessary to enable the payment to your account with the Biller (“Bill Payment Information”).2.12. You hereby authorize TPL to access, fetch, share, use, store the information related to your account with the Biller on an ongoing basis on your behalf for availing the BillPay Services.2.13. If you use the BillPay Services to provide Bill Payment Information, to fetch bill details, or make payments on behalf of a third party, including for mobile recharges/top ups, it is your responsibility to ensure that you have the consent of such third party. You agree that you have all necessary rights and permissions to allow TPL to use third party Bill Payment Information on an ongoing basis and access the bill details from the respective Biller, on behalf of the third party for the purpose of TPL providing BillPay Services. You agree that as between TPL and you, any claim raised by the third party will solely lie against you.2.14. We shall endeavour to complete the transaction within 7 business days.2.15. You understand that correctness of information is of utmost importance for fetching the right bill and subscription value and you accordingly agree that you will ensure and be solely liable for the correctness of all information provided by you to TPL.2.16. Once you register a Biller on the Platform, you may be able to view your current and future bill details or eligible recharge plans or statement from that Biller as and when they are available. You agree that it is your responsibility to ensure that you check your bill details carefully prior to making any payments. In case of any discrepancies, please contact your Biller. You understand that the amount to be paid, recharged or subscription value is an agreement between you and the Biller and TPL has no obligation to verify the correctness of the same. You should always verify and confirm your bill payment requests against any statements or payment records provided by the Biller.2.17. You agree to keep your account information up to date and comply the BillPay Terms and all laws applicable to you. TPL reserves the right to suspend/deactivate/terminate the BillPay Services in case you violate any law or regulation applicable to you or any term of these BillPay Services.2.18. You agree that for providing the Bill Pay Services the User identifier data, location/state and/ / any other personal information may be required to be shared with the Biller for tax /GST purposes.2.19. You agree and authorize TPL to communicate with the Biller, BBPOUs, third party service providers, aggregators with your account information for processing the transaction.2.20. You also agree that TPL may set up reminder facility or auto payment facility which you expressly consent to and understand that payment once made to the Biller for BillPay Services is non - refundable.2.21. You shall be responsible for any duplicate standing instructions for payment or delayed payments or any penalty/ interest levied by the Biller on the payments made.9. Charges3.2. You agree that there may be charges for access, third party payment or such other data fees from TPL or any third-party payment participants and/ or Billers which you expressly agree to pay. You further agree that you shall not hold TPL liable for the any such fees charged by a third-party payment participant.10. Your ResponsibilitiesIn connection with your use of the BillPay Services, it shall be your responsibility to adhere to the following:4.5. You shall always be in compliance with applicable law including and not limited to any BBPS guidelines applicable to your use of the BillPay Services.4.6. You shall verify the status (success/failure) of each bill payment from your transaction history and/or the notifications received from TPL.4.7. You shall be responsible for keeping a track of your bills, subscription fee and recharge expiries and or due dates of any utilities/ services or recurring charge services that you have availed and TPL shall not be responsible for any technical issue related to periodic retrieval of the bills from the Billers or any errors / discrepancies in the bills.4.8. You shall be responsible for scheduling your bill payment and you understand that the payment realization time shall differ for every Biller. We will make payments to Billers only on receipt of your instructions. We shall not be responsible for any delays/ reversals or failure of transaction.11. User Errors5.2. If you erroneously send a payment to the wrong Biller or double pay or send a payment for the wrong amount (for instance a typographical error at your end) your only recourse will be to contact the Biller to whom you have sent the payment and ask them to refund the amount. TPL will not reimburse you or reverse a payment that you have erroneously made.12. Grievance Redressal6.5. Please contact us at customercare@tataneu.com for any grievance or issues that you may face from time to time.13. Disclaimers6.6. You agree that all risks arising from online transactions will be borne by you.6.7. TPL and any third-party partners make no warranty, express or implied regarding the quality of the BillPay Services including but not limited to the following: i) the BillPay Services will meet your requirements; II) the BillPay Services will be uninterrupted, timely or error free; or III) any products, information or material obtained by you in connection with the BillPay Services will meet your requirements.6.8. TPL facilitates the recharge of your prepaid mobile, data or other accounts. The actual mobile, data or any other service is provided by the prepaid service providers like telecommunications service provider whose account you hold ("Prepaid Service Providers"), or by their distributors and aggregators and not by TPL. You hereby agree that you will be solely responsible for selecting an appropriate plan as may be offered by the Prepaid Service Providers, and for compliance with its terms. You understand that the plans provided on TPL are for reference purposes only. The plans may not be up-to-date and may have changed. You must check with your Prepaid Service Provider for the latest plans and details prior to making a transaction.6.9. You may also choose to enter an ad-hoc amount for bill payment or recharging, however acceptance of it will be solely at the discretion of the Biller. You are responsible for the accuracy of the details entered by you to make a payment or recharge your account. You further agree that TPL will not be liable for any failure on the part of any Biller in effecting a recharge or other bill payment or for any issue related to the quality of service provided by the Biller, and any dispute relating to the same shall be resolved directly between you and the Biller.Annexure IIUPI TERMS AND CONDITIONSTata Payments Limited (“TPL”, “we”, “our” or “us”) is offering certain ‘Unified Payments Interface’ (“UPI”) based payment services, inter alia, through Tata Pay Platform (“Platform”) in association a payments service provider bank (the “PSP Bank”) through which users of the Platform (“Users” or “you”) may use UPI ID and complete various payment transactions (“UPI Services”).By proceeding to use the UPI Services, you signify your consent to be bound by these terms of use (hereinafter “UPI Terms”) in addition to the Tata Pay User Agreement (“General Terms”). You hereby agree that in case of any conflict between the General Terms and these UPI Terms, the UPI Terms shall prevail in respect of the UPI Services.We reserve the right, in our discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms and Conditions and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the UPI Services after the date such revised terms are posted.1. Definitions:1.1. “NPCI” shall mean National Payments Corporation of India. NPCI is an authorized entity by Reserve Bank of India (RBI). NPCI provides and manages UPI platform.1.2. “UPI” shall mean Unified Payments Interface.1.3. “PSP Bank” shall mean a payments service provider bank through which users of the Platform may complete UPI transactions.1.4. “TPAP” shall mean Third Party Application Provider, TPL in this case.1.5. “UPI ID” shall mean the virtual payment address created by the User while registering for the Facility and used for the purpose of undertaking Payment Services, in accordance with the Procedural Guidelines1.6. “UPI PIN” shall mean the 4 (four) or 6 (six) digit numeric pin/code used for authenticating a transaction through the Facility as required under the procedural guidelines issued by NPCI from time to time. Users will be required to set a UPI PIN for bank account(s) linked to the UPI ID on the Facility.1.7. “Credentials” shall mean “UPI ID” and, together with the UPI PIN.1.8. “UPI Services” shall mean the features and services provided by TPL to its users as part of UPI platform.2. Registration and Eligibility2.1. The registration process is a standard process which is defined and governed by NPCI under UPI guidelines and may change from time to time. You understand that the registration process may include access to your mobile network and sending a unique SMS using your phone to verify, validate, register and link your Bank Account on UPI Platform and create your UPI.2.2. If you do not meet the eligibility requirements, your use of the UPI Services will be limited. We treat all activities under any UPI ID to be those of the registered user. Users shall not use the UPI Services on behalf of any other person or entity. You shall update registration information promptly upon any change so that it is at all times complete and accurate. We reserve the right to refuse to provide or discontinue UPI Services to any person or entity at any time for any reason.2.3. You UPI ID can be, inter alia, used to:a. Pay at merchant locations using QR code through your Tata Pay App.b. Online through certain merchant websites.c. For making payment for Tata Pay Services as permitted by the regulators and Payment System Providers.2.4. The details provided by you as part of the UPI registration process, which includes your banking information, shall be shared and maintained at PSP Bank’s and NPCI’s secure library and you consent to share and authorize PSP Bank and NPCI to maintain this data.3. UPI Services3.1. Linking your Bank AccountYou may use the UPI Services by linking your bank account in the manner set forth below(i) Sign-in to on Tata Neu using your credentials.(ii) Navigate to the Tata Pay UPI section and select “Register now” or click on any UPI icon or select UPI as a payment method for your transactions on Tata Neu.(iii) Verify your mobile number by clicking on the “Send SMS” tab. Please note that the Membership Account should be linked to the mobile number registered with your bank. You understand that the verification may include access to your mobile number, network provider and sending an SMS to PSP Bank to validate the device binding to your mobile number.(iv) Once your mobile number is verified, please choose the bank’s name from the list provided, which you wish to link for UPI Services. In making such selection, you agree and acknowledge that the chosen bank account belongs to you and that you have the lawful authority to operate such bank account in order to make transactions.(v) Subsequently, select a four or six digit number as the personal identification number which can be used for making UPI transactions (“UPI PIN”), if UPI PIN is not already set for the linked bank account.(vi) To use UPI Services, you will be issued a UPI ID and thereafter your bank account will be linked (UPI ID and, together with the UPI PIN, your “Credentials”). The UPI ID is a virtual address linked to your bank account, that is required for your UPI transactions. Your UPI ID will be saved for your subsequent transactions.3.2. Use of the UPI ServicesThe UPI Services may be used as a payment method on the Platform, on compatible sales channels of other entities, and for person-to-person payments with other Users.3.2.1. UPI Services the Platform(i) Select ‘UPI’ as a payment method for your transaction through Tata Pay on the Platform.(ii) Review your order summary and proceed to payment.(iii) Enter your UPI PIN on the NPCI common library and press enter in order to complete your transaction.3.2.2. UPI Services on Compatible Sales Channels(i) Select ‘UPI’ as a payment method for your transaction.(ii) Enter your UPI ID; or click on the BHIM UPI button and then on the Tata Neu application icon; or scan the UPI QR code generated by the merchant using the Platform.(iii) You will receive a payment request on the Platform.(iv) Confirm the payment request by entering your UPI PIN on the NPCI common library and press enter in order to complete your transaction.3.2.3. UPI Services for Person-to-Person transfers between Users(i) Upon receipt of a payment request through UPI, you may make payments using the UPI Services by visiting the “Tata Pay” section of the Platform and clicking on the “Approved Requests” notification.(ii) You may choose to accept or decline any payment requests you receive on your UPI ID.(iii) If you choose to accept an UPI payment request, you will be informed of the amount being requested and asked to confirm deduction of such funds from your UPI-linked bank account.(iv) Click “Pay now” and confirm the payment request by entering your UPI PIN on the NPCI common library and press enter in order to complete your transaction.(v) Similarly, you may send UPI payment requests to other Users by entering the relevant User’s UPI ID in the “Request money” sub-section of Tata Pay on the Platform.(vi) You may also make payments to other Users on your own initiative by entering a User’s UPI ID in the “Make Payment” sub-section of the Platform. and confirming the payment by entering your UPI PIN.(vii) You may also transfer money to your own account or may transfer to other user by entering bank and IFSC details.(viii) If you have linked more than one account to Tata Pay UPI, you may also make payments to your other account in the “Transfer to self” sub-section of the Platform and confirming the payment by entering your UPI PIN.3.3. UPI ID and UPI PINExcept for when you are requesting for money transfer, your UPI ID and UPI PIN will be required at all times to use the UPI Services. You are solely responsible for protecting your mobile device, UPI ID and UPI PIN set for availing the UPI Services. You agree to accept responsibility for all activities that occur under your UPI ID and UPI PIN using the UPI Services. You should take all necessary steps to ensure that the UPI PIN or any information related to your use of the UPI Services, is kept confidential and secure.By using the UPI Services, you acknowledge and agree that TPL shall not be liable or responsible in any manner whatsoever, for any matter in connection with your submission of the UPI PIN to NPCI or the use of your UPI PIN by NPCI. You acknowledge and understand that your UPI PIN is created and stored by your bank and TPL holds no responsibility for the UPI PIN.3.4. Transaction Limits and Feesa. Transactions using the UPI Services may be subject to minimum and maximum transaction limits that may be set by NPCI, TPL, PSP Bank, or any other service provider as may be prescribed under the provisions of Applicable Law, from time to time. TPL, PSP Bank or other service providers may also reject/suspend transactions (in whole or in part) based on their respective policies and assessment.b. TPL reserves the right to charge any fee on UPI Services at its sole discretion. We may introduce fees for any new services or amend/introduce fees for existing services, as the case may be. Changes to the fee(s) shall be displayed accordingly to you via the Platform and such changes shall automatically become effective immediately after they are posted. Unless otherwise stated, all fees shall be quoted in Indian Rupees. Your bank may charge you a fee for any transaction made using the UPI Services. Please check with your bank for further details.3.5. Transaction Monitoring3.5.1. TPL, PSP Bank or NPCI may review your activity and transactions using the UPI ID for identifying high risk transactions. We may also engage third party service providers to assist us in these efforts. In case, transactions processed by you or any other activity that we believe may be suspicious or unusual, we may temporarily or permanently suspend your access to the UPI services.3.5.2 Your transaction may be rejected by PSP Bank or TPL due to reason not limited to risk management, suspicion of fraudulent / unlawful transactions and/or transactions in violation of applicable laws or the UPI Terms or policies of merchants, selling of prohibited items, use of compromised or blacklisted cards or UPI accounts, chargebacks/complaints or for any other reasons deemed fit by TPL. In such case, you may be issued a refund for such transaction in accordance with Tata Pay’s refund policies or the return and refund policies of the merchant, as applicable.3.6. Acceptable Use3.6.1. You will at all times adhere to all applicable laws, rules, and regulations applicable to your use of the UPI Services. Without limiting the foregoing, you may not act as a payment service provider, intermediary, aggregator or otherwise resell the UPI Services on behalf of any third party, including without limitation the processing and transmission of funds for any third party. We may inspect your use of the UPI Services for any reason, including without limitation to investigate any alleged violation of these UPI Terms or any third-party complaints.3.6.2. You shall not use the UPI Services in any way that causes, or is likely to cause, the UPI Services or access to it by other Users to be interrupted, damaged or impaired in any way.3.6.3. You understand that you, and not TPL, are responsible for all electronic communications and content sent from your computer or other systems to us and to the persons you transact with using the UPI Services. Users shall use the UPI Services for lawful purposes only. You shall not use the UPI Services for any of the following:(a) For fraudulent purposes, or in connection with a criminal offense or other activity that violates any applicable law;(b) For any cause or action that is in violation of the Terms of Use of the Tata Neu; or(c) To cause annoyance or inconvenience to any other person.3.6.4. PSP Bank or TPL may, at its sole discretion, temporarily or permanently suspend your access to the UPI Services, if it has reason to believe that there is suspicious or unusual activity being carried out through your UPI ID and UPI PIN.3.7. Refunds3.7.1. In case you request for a refund due to the return of a product or service purchased from a merchant using UPI Services, refunds shall be issued in accordance with the relevant merchant’s return and refund policies.3.8. Our RoleFor the purposes of providing the UPI Services, TPL is only a facilitator and is not and cannot be a party to or control in any manner any transactions relating to purchase of products or services using the UPI Services on Tata Neu or on any merchant’s sales channels or for transactions with other Users. Tata Pay, in relation to the UPI Services, is a TPAP authorized by the NPCI to facilitate UPI-based payments transactions through PSP Bank and is accordingly bound by the tripartite agreement between TPL, the NPCI and the PSP Bank. For the specific roles and responsibilities of TPL (in its capacity as a TPAP), the PSP Bank and the NPCI in a UPI payment transaction, please refer to Schedule I below.3.9. User Data3.9.1. You agree that TPL may use the UPI transaction data for the purposes of cross-selling, promotions, offer, value-added services, increasing transactions, providing better user experience or such other purposes as approved by NPCI from time to time.4. User Responsibility & Obligations4.1. While you use the UPI Services, You are required to ensure the following -a. You are solely responsible for linking your correct bank account.b. Since your mobile number is treated as the primary identifier, your mobile number needs to be updated with the bank linked to the Platform in case of any changes.c. If you change the mobile number registered with the Platform, You will have to re-register your new mobile number with Tata Pay. To re-enable the UPI Service, you need to register your new mobile number with your bank as well.d. You are solely responsible to keep your OTP, UPI PIN and bank account related details confidential. Sharing such information with others may lead to unauthorized usage, for which TPL shall not be responsible.e. You shall take full responsibility of the payment request that you make and authorize, including addition of beneficiary, typing and reviewing UPI IDs and validating intended recipients and we do not take correctness of information that you enter during payment processing, including authorization.f. You agree that if you provide any information that is untrue, inaccurate, not current or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the UPI Terms, we shall have the right to indefinitely suspend or terminate or block access to the UPI Services.g. You agree that TPL, PSP or any other system participant in UPI payment ecosystem shall not be liable for any delay in the completion of the funds transfer or any loss on account of error in the execution of the funds transfer by you.h. You are required to ensure availability of sufficient funds in the linked bank account(s) in order to avoid transaction declines and charges if any accessed by your issuer bank.i. You agree and understand that TPL shall onboard you on the NPCI operated centralised mapper(s) such as “Numeric UPI ID Mapper” to enable you to send or receive funds using a defined “UPI Number” (which would be your mobile number by default) and you agree and consent that such onboarding shall be done by TPL on your behalf within the defined and permitted structure of NPCI. This process shall be as per directives of NPCI and shall include but not limited to sharing your UPI details (collected and maintained by TPL to provide UPI services) with NPCI and linking of default bank account / UPI ID to your UPI number. This would enable you to accept payments against your UPI number. TPL shall provide you an option to de-link the default mapping of UPI number processed on the Platform. You further agree to receive funds from other users registered on the Platform and consent that Tata Pay will process such transactions to your linked default bank account without checking with the NPCI Mapper.j. You acknowledge and agree that you will comply with the terms of service of the PSP Bank.5. Privacy4.1 In addition to other clauses in the General Terms, you agree and specifically consent that we may collect, store, and use your personal data and any communications made through Tata Pay, in accordance with Applicable Laws and our Privacy Policy.4.2 Further, specifically, TPL may share your payments related information, including transaction data, with PSP Bank, merchants and other service providers as required for the purpose of transaction processing and payment settlement. Your transaction data may also be used by TPL for purposes such as cross-selling, promotions, offer, value-added services, increasing transactions, providing better user experience or such other purposes, including as may be approved by NPCI from time to time.4.3 If you are a receiver of payment, you agree and specifically consent that TPL may store your information including bank account number on the Platform for the purpose of sending you payments.4.4 For the purposes of receiving payments, you agree and specifically consent that TPL may store your information including UPI ID and bank account number on the Platform for the purpose of receiving payments using the UPI Services.4.5 You agree and specifically consent that TPL may, through automated means, access your navigational, log, and correspondence information/data from your use of the UPI Services. This information/data will help us analyze the merchants, markets, technology, operating systems, browsers, devices, locations from/for which the UPI Services are being used. Such information and its analysis will help us to better understand your needs and provide you with a wider range of services, or developing updates for particular operating systems and mobile application versions, etc. The information collected also helps us offer you other products, programs, or services including offers that may be provided by merchants that we believe may be of interest to you or alert you in case of software compatibility issues.4.6 You agree and specifically consent that TPL and its affiliates may, through automated means, access your messages on your mobile device/mobile number and retrieve/use information from your messages to provide you with enhanced services.6. Intellectual Property Rights6.1. Intellectual Property Rights for the purpose of these UPI Terms shall always mean and include copyrights whether registered or not, patents including rights of filing patents, trademarks, trade names, trade dresses, house marks, collective marks, associate marks and the right to register them, designs both industrial and layout, geographical indicators, moral rights, broadcasting rights, displaying rights, distribution rights, selling rights, abridged rights, translating rights, reproducing rights, performing rights, communicating rights, adapting rights, circulating rights, protected rights, joint rights, reciprocating rights, infringement rights. All Intellectual Property rights arising as a result of domain names, internet or any other right available under applicable law shall vest in the domain of TPL as the owner of such domain name. The Parties hereto agree and confirm that no part of any Intellectual Property rights mentioned hereinabove is transferred in the name of User and any intellectual property rights arising as a result of these presents shall also be in the absolute ownership, possession and our control or control of its licensors, as the case may be.6.2. All material on the Platform, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights of TPL. All material on Tata Pay is solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other platform or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited.7. Communications7.1. When you use the UPI Services or send e-mails to us, you are communicating with us electronically. You will be required to provide a valid phone number to process a transaction using the UPI Services. We may communicate with you by e-mail, SMS, phone call or by posting notices on the Platform or by any other mode of communication. Through your use of the UPI Services, you consent to receive communications including SMS, e-mail or phone calls from us with respect to your use of Tata Pay and the UPI Services, including for the following purposes:a. providing you with the functionalities of the UPI Services and transactional or account related information;b. sending you payment related reminders/updates;c. promoting the UPI Services or Tata Neu or any of TPL’s and its affiliates’ other products and services;d. promoting the merchants’ services, including any offers or schemes or prizes that may be provided by these entities;e. promoting new products and activities;f. investigating or resolving any product or UPI Service-related concerns including complaints; org. obtaining your invaluable feedback.7.2. In order to serve you better, we may also send you surveys to understand: (i) your experience with the UPI Services, and/or (ii) your needs and requirements.7.3. You may choose to, or we may invite you to, submit comments or ideas about the UPI Services, including without limitation about how to improve the UPI Services or our other products and services. By submitting any idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place us under any fiduciary or other obligation, and that we are free to use the idea without any additional compensation to you, and/or to disclose the idea on a non-confidential basis or otherwise to anyone.7.4. Some of the features of the UPI Services may display advertisements and promotions. In consideration for TPL granting you access to and use of the UPI Services, you agree that TPL and its affiliates may place such advertising and promotions.8. Responsibility for TaxesThe reporting and payment of any applicable taxes arising from the use of the UPI Services is your responsibility. You hereby agree to comply with any and all applicable tax laws in connection with your use of the UPI Services, including without limitation, the reporting and payment of any taxes arising in connection with payments made through UPI Services, or funds/income received through the UPI Services.9. Indemnity And Limitation of Liability9.1. IndemnityYou shall indemnify and hold harmless TPL and its affiliates, and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of:a. your use of the UPI Services;b. breach or non-compliance by you of your representations, warranties, or obligations set forth in these UPI Terms;c. any dispute or litigation caused by your actions or omissions;d. your negligence or violation or alleged violation of any applicable law, rules or regulations or the rights of any third party.9.2. Release9.2.1. You hereby expressly release TPL and its affiliates and/or any of their officers and representatives from any cost, damage, liability or other consequence of any actions or omissions of any merchant and specifically waive any claims or demands that you may have in this regard under any statute or contract, in equity, or otherwise.9.2.2. We are not responsible for examining or evaluating, and we do not warrant or endorse the offerings of any merchants, or the content of their marketing materials, websites or other sales channels. TPL and its affiliates do not assume any responsibility or liability for the actions or omissions, products, and content of any marketing materials, website or other sales channels of these and any other third-parties.9.2.3. We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the UPI Services.9.2.4. We will not be held responsible for any delay or failure to comply with our obligations if the delay or failure arises from any cause which is beyond our reasonable control.9.2.5. TPL shall not be responsible for: (a) any loss or misdirection of, or delay in receiving, any payments due through the UPI Services; (b) any acts or omissions of third parties (including, without limitation, merchants); or (c) any errors published in relation to the UPI Services, including, without limitation, any pricing or typographical errors, errors of description, and errors regarding merchants. TPL reserves the right to correct, without notice, any errors.10. Suspension and Termination10.1. PSP Bank or TPL may, in its sole and absolute discretion, suspend or terminate your use of the UPI Services, without notice and without liability to you or any third party, for any reason, including without limitation, inactivity or violation of these UPI Terms or other policies, which may be established from time to time.10.2. PSP Bank or TPL may suspend your UPI Services and block access to you’re the UPI Services and deactivate it under the following circumstances:(i) you have violated the terms of these UPI Terms;(ii) we determine that you pose an unacceptable credit or fraud risk to us;(iii) you provide or have provided false, incomplete, inaccurate, or misleading information (including without limitation any registration information) or otherwise engage in fraudulent or illegal conduct;(iv) we have security concerns regarding your use of the UPI Services, including your Credentials, or(v) we suspect unauthorized or fraudulent use of your UPI Services, or any payment information provided by you on the Platform.10.3. In such cases we will inform you of the deactivation of your UPI Services or Credentials and the reasons for it, where possible, before the deactivation and in any event promptly thereafter, unless we determine that giving such information would compromise security concerns or is prohibited by applicable law. We will reactivate your UPI Services or Credentials, or replace it or them, as applicable, once we have resolved the reasons for deactivation. Users are required to notify us via e-mail at customercare@tatadigital.com you wish to request us to reactivate your use of the UPI Services.10.4. You may note that Tata Pay shall retain your registration information, UPI IDs, transactional information or any other information that we are permitted to store as permitted and for the duration as specified in regulations or notified by NPCI from time to time even after the termination of your UPI Services.11. Miscellaneous11.1. Limitation of LiabilityTHE UPI SERVICES AND ALL RELATED INFORMATION, CONTENT, MATERIALS, AND SERVICES ARE PROVIDED BY TPL ON AN "AS IS" AND "AS AVAILABLE" BASIS. TPL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE UPI SERVICES, INFORMATION, ANY APPLICATION, CONTENT INCLUDING WITHOUT LIMITATION: (A) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, SUITABILITY, RELAIBILITY, COMPLETENESS, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT; (B) THAT THE UPI SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OPERATE WITHOUT ERROR, OR WILL CONTAIN ANY PARTICULAR FEATURES OR FUNCTIONALITY; (C) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR TRADE USAGE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE UPI SERVICES IS AT YOUR SOLE RISK AND THAT YOU ARE USING YOUR BEST AND PRUDENT JUDGMENT BEFORE ENTERING INTO ANY TRANSACTIONS USING THE UPI SERVICES; (D) ELECTRONIC COMMUNICATIONS SENT FROM TPL OR ITS AFFILIATES ARE FREE OF VIRUSES, MALWARE OR OTHER HARMFUL COMPONENTS.AT NO TIME SHALL ANY RIGHT, TITLE OR INTEREST IN THE PRODUCTS SOLD BY MERCHANTS ON TATA NEU VEST WITH TATA PAY LIMITED NOR SHALL TATA PAY LIMITED HAVE ANY OBLIGATIONS OR LIABILITIES IN RESPECT OF ANY TRANSACTIONS BETWEEN USERS AND MERCHANTS. WE SHALL NEITHER BE LIABLE NOR BE RESPONSIBLE FOR ANY ACTIONS OR INACTIONS OR ANY BREACH OF CONDITIONS, REPRESENTATIONS OR WARRANTIES BY MERCHANTS AND HEREBY EXPRESSLY DISCLAIM ANY AND ALL RESPONSIBILITY AND LIABILITY IN THAT REGARD. WE DO NOT IMPLICITLY OR EXPLICITLY SUPPORT OR ENDORSE THE SALE OR PURCHASE OF ANY MERCHANTS’ PRODUCTS.TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR AFFILIATES (AND OUR AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, AGENTS AND REPRESENTATIVES) WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE UPI SERVICES (INCLUDING THE INABILITY TO USE THE UPI SERVICES), UNLESS OTHERWISE SPECIFIED IN WRITING. IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR AFFILIATES (AND OUR AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, AGENTS AND REPRESENTATIVES) WILL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY SERVICES OR PRODUCTS PURCHASED OR TRANSACTIONS ENTERED INTO THROUGH THE UPI SERVICES.WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL WE OR ANY OF OUR AFFILIATES BE LIABLE TO YOU FOR ANY FAILURE OR DELAY BY US (OR OUR EMPLOYEES, AGENTS, OR REPRESENTATIVES) IN PERFORMING OUR OBLIGATIONS UNDER THESE TERMS AND CONDITIONS, WHERE SUCH FAILURE OR DELAY IS CAUSED BY ABNORMAL AND UNFORESEEABLE CIRCUMSTANCES BEYOND OUR CONTROL, THE CONSEQUENCES OF WHICH WOULD HAVE BEEN UNAVOIDABLE DESPITE ALL REASONABLE EFFORTS TO THE CONTRARY, OR WHERE WE ARE BOUND BY OTHER LEGAL OBLIGATIONS COVERED BY APPLICABLE LAW. TPL SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING BUT NOT LIMITED TO SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF UPI TRANSACTIONS THROUGH THE UPI SERVICES.11.2. Applicable LawThe laws of India without regard to the principles of conflict of laws will govern these UPI and any dispute of any kind that may arise between you and TPL.11.3. Disputes(a) Every User can raise a complaint with respect to a UPI transaction, on the Platform.(b) Users can select the relevant UPI transaction and raise a complaint in relation thereto.(c) A complaint shall be first raised with TPL in respect of all UPI Services-related grievances / complaints of the Users on-boarded by TPL (if the UPI transaction is made through the Platform). In case the complaint / grievance remains unresolved, the next level for escalation will be the PSP Bank, followed by the bank (where the User maintains its account) and NPCI, in the same order. After exercising these options, the User can approach the Banking Ombudsman and / or the Ombudsman for Digital Complaints, as the case may be.(d) The complaint can be raised for both the types of transactions, i.e., funds transfers and merchant transactions.(e) The User shall be kept informed by the PSP or TPL by means of updating the status of such User’s complaint on the Platfom.EntityGrievance Redressal LinkPSP BankICICI Bankhttps://www.icicibank.com/complaints/complaints.pageNPCIhttps://www.npci.org.in/what-we-do/upi/dispute-redressal-mechanism11.4. SeverabilityIf any of the provisions of these UPI Terms shall be deemed invalid, void, or for any reason unenforceable, such provisions shall be deemed severable and shall not affect the validity and enforceability of any remaining terms and conditions of these UPI Terms.11.5. AssignmentYou may not assign or transfer any rights, obligations, or privileges that you have under these UPI Terms without our prior written consent. Subject to the foregoing, these UPI Terms will be binding the User’s successors and permitted assigns. Any assignment or transfer in violation of these UPI Terms.11.6. WaiverTPL’s waiver of any breach of these UPI Terms by any User will not constitute a waiver of any other prior or subsequent breach of these UPI Terms. TPL’s failure to insist upon strict compliance with the provisions of these UPI Terms by any User will not be deemed a waiver of any rights or remedies TPL may have against that or any other User. TPL may waive compliance with these UPI Terms in its sole discretion and may provide enhanced functionalities from time to time in respect of the UPI Services to select Users.11.7. Entire AgreementThese UPI Terms, together with any other terms and conditions, rules, or regulations incorporated herein or referred to herein constitute the entire agreement between TPL and the Users relating to the subject matter hereof, and supersede any prior understandings or agreements (whether oral or written) regarding the subject matter.11.8. Legal ActionNothing contained in these UPI Terms will limit TPL or its affiliates in the exercise of any legal or equitable rights or remedies.Schedule IRoles and Responsibilities of TPL, PSP Bank and the NPCIRoles & Responsibilities of NPCI§ NPCI owns and operates the Unified Payments Interface (“UPI”) platform.§ NPCI prescribes rules, regulations, guidelines, and the respective roles, responsibilities and liabilities of the participants, with respect to UPI. This also includes transaction processing and settlement, dispute management and clearing cut-offs for settlement.§ NPCI approves the participation of Issuer Banks, PSP Banks, TPAP and Prepaid Payment Instrument issuers (“PPIs”) in UPI.§ NPCI provides a safe, secure and efficient UPI system and network.§ NPCI provides online transaction routing, processing and settlement services to members participating in UPI.§ NPCI can, either directly or through a third party, conduct audit on UPI participants and call for data, information and records, in relation to their participation in UPI.§ NPCI provides the banks participating in UPI access to system where they can download reports, raise chargebacks, update the status of UPI transactions etc.Roles & responsibilities of PSP Bank(a) PSP Bank is a member of UPI and connects to the UPI platform for availing UPI payment facility and providing the same to the TPAP which in turn enables the Users / merchants to make and accept UPI payments.(b) PSP Bank, either through its own app or TPAP’s app, on-boards and registers the Users on UPI and links their bank accounts to their respective UPI ID.(c) PSP Bank is responsible for authentication of the User at the time of registration of such customer, either through its own app or TPAP’s app.(d) PSP Bank engages and on-boards the TPAPs to make the TPAP’s UPI app available to the Users.(e) PSP Bank has to ensure that TPAP and its systems are adequately secure to function on UPI platform(f) PSP Bank is responsible for ensuring that UPI app and systems of TPAP are audited to safeguard security and integrity of the data and information of the User including UPI transaction data as well as UPI app security.(g) PSP Bank has to store all the payments data including UPI Transaction Data collected for the purpose of facilitating UPI transactions, only in India.(h) PSP Bank is responsible for giving all UPI customers an option to choose any bank account from the list of Banks available on UPI platform for linking with the customer’s UPI ID.(i) PSP Bank is responsible for putting in place a grievance redressal mechanism for resolving complaints and disputes raised by the User.Roles & responsibilities of TPAP (i.e., Tata Pay)(a) TPAP is a service provider and participates in UPI through PSP Bank.(b) TPAP is responsible for complying with all the requirements prescribed by PSP Bank and NPCI in relation to TPAP’s participation in UPI.(c) TPAP is responsible for ensuring that its systems are adequately secure to function on the UPI platform.(d) TPAP is responsible for complying with all applicable laws, rules, regulations and guidelines etc. prescribed by any statutory or regulatory authority in relation to UPI and TPAP’s participation on the UPI platform including all circulars and guidelines issued by NPCI in this regard(e) TPAP has to store all the payments data including UPI Transaction Data collected by TPAP for the purpose of facilitating UPI transactions, only in India(f) TPAP is responsible for facilitating access by the RBI, NPCI and other agencies nominated by RBI/ NPCI, to the data, information, systems of TPAP related to UPI and to carry out audits of TPAP, as and when required by RBI and NPCITPAP shall provide the User with an option to raise grievances through the TPAP’s grievance redressal facility made available through TPAP’s UPI app or website and such other channels as may be deemed appropriate by the TPAP like email, messaging platform, IVR etc.
Tata Payments Limited (“TPL”, “we”, “our” or “us”) is offering certain payment services like Bill Payments and UPI (“Tata Pay”) through which users (“Users” or “you”) of the Tata Pay platform (“Platform”) may complete transactions with the companies and brands whose products and services are being offered for sale on the TCP. By using the services and functionalities of Tata Pay, you agree that:· you have read and accept this Tata Pay User Agreement (“User Agreement”); and· you have read and accept the Bill Pay Terms which govern your use of the Bill Pay Services (please refer to Annexure I of this User Agreement); and· you have read and accept the UPI Terms and Conditions which govern your use of the UPI Services (please refer to Annexure II of this User Agreement); and· you consent to the collection, use, and disclosure of your personal data in accordance with TDL’s Privacy Notice which shall apply mutatis mutandis.We reserve the right, in our discretion, to make changes or modifications to this User Agreement at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of this User Agreement and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review this User Agreement to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised User Agreement by your continued use of Tata Pay after the date such revised terms are posted.1. REGISTRATION AND OUR ROLE1.1. Eligibility1.1.1. To use Tata Pay, you may need to register for an account with the Tata Consumer Platform (the “Membership Account”) by providing complete and accurate registration information, including your name, age, residential address, phone number, email ID and such other details as set out in the registration form and be at least 18 years old and a resident of India. If you are a minor, i.e., under the age of 18 years, you may use the Tata Pay services only with the involvement of a parent or guardian.1.1.2. If you do not meet our eligibility requirements, you may not be able to maintain a Membership Account with us or your use of Tata Pay will be limited. We treat all activities under a Membership Account to be those of the registered user. User shall only use Tata Pay to transact on their own Membership Account and not on behalf of any other person or entity. You shall update registration information promptly upon any change so that it is at all times complete and accurate.1.1.3. We reserve the right to refuse to provide or discontinue Tata Pay to any person or entity at any time for any reason.1.2. Creating Membership AccountsTo enable the use of Tata Pay, you must either (a) register using your existing Membership Account, or (b) complete the registration process for new users by entering all of the required information. If you register using your Membership Account, the information in your existing Membership Account will be used to complete your registration. If you do not have an existing Membership Account at the time you register with Tata Pay, a new Membership Account will be automatically and concurrently established in your name with the same e-mail address/phone number and password you provide to us.1.3. VerificationWe may require you to provide additional information to verify your identity as a condition of providing Tata Pay to you or before we permit you to make use of Tata Pay through your Membership Account. We may make, directly or through any third party, any inquiries we consider necessary to validate information that you provide to us, including without limitation checking commercial databases or credit reports. You authorize us to obtain one or more of your credit reports, from time to time, to establish, update, or renew your Membership Account with us or in the event of a dispute relating to this User Agreement and activity under your Membership Account.1.4. Credentials and Security1.4.1. Your email address/phone number and a password that you select will be used to access the Platform and for communications with you, including as described in Clause 5. You also may be prompted to answer several security questions or select other issued security access keys or credentials that may be used to enable access to Tata Pay and authorize transactions. Your password and access keys are your “Credentials”.1.4.2. You are responsible for maintaining the secrecy and security of your Credentials and for restricting access to personal devices and systems that may store the Credentials, and you agree to accept responsibility for all activities that occur under your Membership Account or password. You should take all necessary steps to ensure that the Credentials are kept confidential and secure. You should not disclose your Credentials to any third party. If any of your Credentials are compromised, you must notify us immediately at customercare@tatadigital.com so that we can suspend use of your Membership Account with Tata Pay in order to avoid unauthorized transactions. You must also notify us through the Contact Us form if you wish to request us to unblock your Membership Account.1.5. Our Role1.5.1. Except for our limited role in providing the services of Tata Pay on the Platform in respect of payments that you authorize or initiate, we are not involved in any underlying sales transaction between you and any merchants. The Tata Pay services and functionalities may be offered through the use of services of one or more third parties, affiliates, processors, and/or financial institutions (the “Processors”). The specific functionalities of the Tata Pay services available to you may vary depending on the merchant with whom you are transacting.1.5.2. TPL is neither the buyer nor the seller of the products or services that any merchant offers for sale and is not a party to the sales contract between the User and any merchant. We will not mediate disputes between you and any merchant or enforce or execute the performance of any sales contract.1.6. Privacy1.6.1. The personal information and data generated by you in the course of your use of Tata Pay shall be collected by us and treated and processed in accordance with the Privacy Notice and applicable law.1.6.2. Further, specifically, TPL may share your payments related information, including transaction data, with the Processors, merchants and other service providers as required for the purpose of operations, settlement payment processing, and promoting Tata Pay.1.6.3. For the purposes of completing payments, you agree and specifically consent that TPL may store your information and details of your payment instruments including bank account number.1.6.4. You agree and specifically consent that TPL may, through automated means, access your Tata Pay navigational, log, and correspondence information/data. This information/data will help us analyze the merchants, markets, technology, operating systems, browsers, devices, locations from/for which Tata Pay is being used. Such information and its analysis will help us to better understand your needs and provide you with a wider range of services, or developing updates for particular operating systems and mobile application versions, etc. The information collected also helps us offer you other products, programs, or services including offers that may be provided by merchants that we believe may be of interest to you or alert you in case of software compatibility issues.1.6.5. You agree and specifically consent that TPL or its affiliates may, through automated means, access your messages on your mobile device/mobile number and retrieve/use information from your messages to provide you with enhanced services.2. YOUR MEMBERSHIP ACCOUNT2.1. Your Membership Account permits you to make purchases where Tata Pay is accepted. Some features of Tata Pay may be limited based on parameters determined by us including your location, provided information or our risk parameters. You agree to provide any information that we or our Processors may require to provide the Tata Pay services or that may be required by law or guidelines of any regulatory authority.2.2. Membership Account History.2.2.1. When a payment is authorized to or from a Membership Account, we will update your account activity on the Platform and issue a transaction confirmation (directly or through our Processors). The confirmation will serve as your receipt for the purchase of any products or services through Tata Pay. You may receive a separate receipt from the merchant. Summaries of your Membership Account activity, including monthly statements, are available in the “Your Account” area of the Platform.2.2.2. You are solely responsible for (a) compiling and retaining permanent records of all transactions and other data associated with your Membership Account and your use of Tata Pay, and (b) reconciling all payment activity to and from your Membership Account and all other transactional information that is associated with your Membership Account. Upon the termination of this User Agreement for any reason, we will not have any obligation to you, except as required under applicable law.2.3. Unauthorized Membership Account Activity.2.3.1. Subject to the limitations in this User Agreement, you shall inform us immediately in the event of any unauthorized use of your Membership Account has ocurred.2.3.2. TPL is not responsible for any unauthorized transactions undertaken through your Membership Account.2.3.3. You are responsible for all losses relating to an unauthorized transaction from your Membership Account if you have acted fraudulently or failed, either intentionally or negligently, to use your Membership Account in accordance with this User Agreement or the Terms of Use, to protect your Credentials, or to notify us of any unauthorized transaction in the manner set out in Clause 2.3.1.2.4. Acceptable Use.2.4.1. You will at all times adhere to all applicable laws, rules, and regulations applicable to your use of Tata Pay. Without limiting the foregoing, you may not act as a payment service provider, intermediary, aggregator or otherwise resell Tata Pay on behalf of any third party, including without limitation the processing and transmission of funds for any third party. We may inspect your Membership Account for any reason, including without limitation to investigate any alleged violation of this User Agreement or any third-party complaints.2.4.2. You shall not use Tata Pay in any way that causes, or is likely to cause, Tata Pay or access to it by other users to be interrupted, damaged or impaired in any way.2.4.3. You understand that you, and not TPL or any of its affiliates, are responsible for all electronic communications and content sent from your computer or other systems to us and to the persons you transact with using Tata Pay. You shall use Tata Pay for lawful purposes only. You shall not use Tata Pay for any of the following:(a) For fraudulent purposes, or in connection with a criminal offense or other activity that violates any applicable law;(b) For any cause or action that is in violation of the Terms of Use of the Platform; or(c) To cause annoyance or inconvenience to any other person.2.5. Errors. In case of a transaction which remains non-executed or defectively executed by us through our Processors, we will rectify the error, subject to the terms of this User Agreement. In this case, your Membership Account will be refunded with the amount of the non-executed or defectively executed transaction other actions as may be necessary to restore the Membership Account to the state in which it would have been had the defective transaction not taken place shall be undertaken. We will make efforts to trace the transaction and will notify you of the outcome.2.6. Refunds. In case you request for a refund due to the return of a product or service purchased from a merchant using Tata Pay, refunds shall be issued in accordance with the relevant merchant’s return and refund policies. TPL bears no responsibility regarding the same.3. IMPLEMENTATION3.1. Technical Specifications.You will comply with any technical and operational specifications provided or made available by us with respect to Tata Pay (the “Specifications”). We reserve the right to update or modify the Specifications at any time.3.2. Updates.We may make modifications, updates or upgrades to the Tata Pay services and functionalities or Specifications. The provision of any specific functionalities as of the date of your entering into this User Agreement does not guarantee the continued provision of such functionalities in the Tata Pay services.4. TERM AND TERMINATION4.1. Term.This User Agreement commences on the earlier of the date that you use Tata Pay to login on the website of a merchant who accepts Tata Pay, make a purchase using Tata Pay or register for a Membership Account on the Platform. The User Agreement shall continue unless and until terminated in accordance with the provisions of this Clause 4. You may initiate termination of this User agreement by contacting us at customercare@tatadigital.com. We shall have the right to terminate this User Agreement without any prior notice to you.4.2. Suspension or Termination by TPLTPL may terminate the provision of the Tata Pay services and this User Agreement, for any reason at any time without written notice.Further, we may suspend your access to Tata Pay and block access to your Membership Account and deactivate it under the following circumstances:(a) you have violated the terms of this User Agreement;(b) we determine that you pose an unacceptable credit or fraud risk to us;(c) you provide or have provided false, incomplete, inaccurate, or misleading information (including without limitation any registration information) or otherwise engage in fraudulent or illegal conduct;(d) we have security concerns regarding your Platform Membership Account, including your Credentials, or(e) we suspect unauthorized or fraudulent use of your Membership Account or any payment information in your Membership Account.In such cases we will inform you of the deactivation of your Membership Account and the reasons for it, where possible, before the deactivation and in any event promptly thereafter, unless we determine that giving such information would compromise security concerns or is prohibited by applicable law. We will reactivate your Membership Account or Credentials, or replace it or them, as applicable, once we have resolved the reasons for deactivation.4.3. Effect of TerminationWe will not be liable to you for compensation, reimbursement, or damages of any kind, direct or indirect, including any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us in connection with your use of Tata Pay, or in connection with any termination or suspension of Tata Pay. Upon termination of this User Agreement for any reason:(a) you will remain liable for all fees, charges and other payment obligations that have been incurred through the date of termination with respect to the use of Tata Pay;(b) all license or other rights granted to either party under this User Agreement will immediately terminate;(c) your access to the Platform will be terminated and your Membership Account will be deactivated.4.4. SurvivalIn addition to your payment obligations arising under this User Agreement, Clauses 1.5 (Our Role), 1.6 (Privacy), 4.3 (Effect of Termination), 5 (Communications), 7 (Intellectual Property), 8 (Indemnity and Limitation of Liability), 9 (Tax) and 10 (Miscellaneous) of this User Agreement shall survive and remain in effect in accordance with their terms upon the termination of this User Agreement.5. COMMUNICATIONSWhen you use Tata Pay or send e-mails to us, you are communicating with us electronically. You will be required to provide a valid phone number to process a transaction using Tata Pay. We may communicate with you by e-mail, SMS, phone call or by posting notices on the Platform or by any other mode of communication. Through your use of Tata Pay, you consent to receive communications including SMS, e-mail or phone calls from us with respect to your use of Tata Pay, including for the following purposes:a. providing you with the functionalities of Tata Pay and transactional or account related information;b. sending you payment related reminders/updates;c. promoting Tata Pay or the Platform or any of TPL’s and its affiliates’ other products and services;d. promoting merchants’ services, including any offers or schemes or prizes that may be provided by these entities;e. promoting new products and activities;f. investigating or resolving any product or Tata Pay-related concerns including complaints; org. obtaining your invaluable feedback.In order to serve you better, we may also send you surveys to understand: (i) your experience with Tata Pay, and/or (ii) your needs and requirements.You may choose to, or we may invite you to, submit comments or ideas about Tata Pay, including without limitation about how to improve Tata Pay. By submitting any idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place us under any fiduciary or other obligation, and that we are free to use the idea without any additional compensation to you, and/or to disclose the idea on a non-confidential basis or otherwise to anyone.Some of the Tata Pay features may display advertisements and promotions. In consideration for TPL granting you access to and use of Tata Pay, you agree that TPL may place such advertising and promotions.6. ACCESS TO TATA PAYTPL undertakes to make best efforts to ensure the uninterrupted availability of Tata Pay and to ensure that transmissions and communications in this regard are error-free. However, due to the nature of the internet, this cannot be guaranteed and TPL shall not be held liable for any interruptions in providing the Tata Pay services. Further, Users’ access to the Platform or the TCP Membership Account for the use of Tata Pay may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice.7. INTELLECTUAL PROPERTY7.1. TPL, its licensors and their respective affiliates, as the case maybe, are the sole and exclusive owners or licensees of the trademarks, service marks, trade names, logos, and copyrighted or copyrightable materials of Tata Payments Limited and its affiliates. Users shall not, directly or indirectly, interfere with, challenge, file applications for, or claim ownership of these trademarks anywhere in the world.7.2. You shall not make any public statement related to Tata Pay or use TPL’s or any of our affiliates’ or Processors’ names, trademarks or logos in any way without our prior written permission, or misrepresent or embellish the relationship between us in any way.8. INDEMNITY AND LIMITATION OF LIABILITY8.1. IndemnityYou shall indemnify and hold harmless TPL and its affiliates, and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of:o your use of Tata Pay;o breach of your representations, warranties, or obligations set forth in this User Agreement;o any dispute or litigation caused by your actions or omissions;o your negligence or violation or alleged violation of any applicable law, rules or regulations or the rights of any third party.8.2. ReleaseYou hereby expressly release TPL and its affiliates and/or any of their officers and representatives from any cost, damage, liability or other consequence of any actions or omissions of any merchant and specifically waive any claims or demands that you may have in this regard under any statute or contract, in equity, or otherwise.8.3. We are not responsible for examining or evaluating, and we do not warrant or endorse the offerings of any merchants, or the content of their marketing materials, websites or other sales channels. TPL and its affiliates do not assume any responsibility or liability for the actions or omissions, products, and content of any marketing materials, website or other sales channels of these and any other third-parties.8.4. We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using Tata Pay.8.5. We will not be held responsible for any delay or failure to comply with our obligations if the delay or failure arises from any cause which is beyond our reasonable control.8.6. TPL shall not be responsible for: (a) any loss or misdirection of, or delay in receiving, any payments due through Tata Pay; (b) theft or unauthorized utilization of Tata Pay Balance; (c) any acts or omissions of third parties (including, without limitation, merchants); or (d) any errors published in relation to Tata Pay, including, without limitation, any pricing or typographical errors, errors of description, and errors regarding merchants. TPL reserves the right to correct, without notice, any errors.9. TAX9.1. Unless stated otherwise, any and all fees payable by you pursuant to your use of Tata Pay are exclusive of applicable national, state or local sales or use taxes or value added tax or service tax or goods and services tax (“Taxes”) that TPL is legally obligated to charge under applicable law.9.2. If we are required to deduct any Taxes on any payments to be made to you, we will have the right to deduct the required amounts and pay such amounts to the applicable regulatory authority on your behalf. You will not make any claim against us in respect of any such deduction made pursuant to this User Agreement. Throughout the term of the User Agreement, you will provide us with any forms, documents, or certifications, including Permanent Account Number as may be required by us to satisfy any information reporting or Tax obligations with respect to any payments made using Tata Pay.10. MISCELLANEOUS10.1. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITYTATA PAY AND ALL RELATED INFORMATION, CONTENT, MATERIALS, AND SERVICES MADE AVAILABLE TO YOU ARE PROVIDED BY TATA PAYMENTS LIMITED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TATA PAYMENTS LIMITED MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO TATA PAY INCLUDING WITHOUT LIMITATION: (A) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, SUITABILITY, RELAIBILITY, COMPLETENESS, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT; (B) THAT TATA PAY WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OPERATE WITHOUT ERROR, OR WILL CONTAIN ANY PARTICULAR FEATURES OR FUNCTIONALITY; (C) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR TRADE USAGE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF TATA PAY IS AT YOUR SOLE RISK AND THAT YOU ARE USING YOUR BEST AND PRUDENT JUDGMENT BEFORE ENTERING INTO ANY TRANSACTIONS USING TATA PAY; (D) ELECTRONIC COMMUNICATIONS SENT FROM TATA PAYMENTS LIMITED OR ITS AFFILIATES ARE FREE OF VIRUSES OR OTHER MALWARE OR HARMFUL COMPONENTS.AT NO TIME SHALL ANY RIGHT, TITLE OR INTEREST IN THE PRODUCTS SOLD BY MERCHANTS ON THE PLATFORM VEST WITH TATA PAY LIMITED NOR SHALL TATA PAY LIMITED HAVE ANY OBLIGATIONS OR LIABILITIES IN RESPECT OF ANY TRANSACTIONS BETWEEN USERS AND MERCHANTS. WE SHALL NEITHER BE LIABLE NOR BE RESPONSIBLE FOR ANY ACTIONS OR INACTIONS OR ANY BREACH OF CONDITIONS, REPRESENTATIONS OR WARRANTIES BY MERCHANTS AND HEREBY EXPRESSLY DISCLAIM ANY AND ALL RESPONSIBILITY AND LIABILITY IN THAT REGARD. WE DO NOT IMPLICITLY OR EXPLICITLY SUPPORT OR ENDORSE THE SALE OR PURCHASE OF ANY MERCHANTS’ PRODUCTS.TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR AFFILIATES (AND OUR AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, AGENTS AND REPRESENTATIVES) WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS USER AGREEMENT OR TATA PAY (INCLUDING THE INABILITY TO USE TATA PAY), UNLESS OTHERWISE SPECIFIED IN WRITING. IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR AFFILIATES (AND OUR AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, AGENTS AND REPRESENTATIVES) WILL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY SERVICES OR PRODUCTS PURCHASED OR TRANSACTIONS ENTERED INTO THROUGH TATA PAY.WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL WE OR ANY OF OUR AFFILIATES BE LIABLE TO YOU FOR ANY FAILURE OR DELAY BY US (OR OUR EMPLOYEES, AGENTS, OR REPRESENTATIVES) IN PERFORMING OUR OBLIGATIONS UNDER THIS USER AGREEMENT, WHERE SUCH FAILURE OR DELAY IS CAUSED BY UNFORESEEABLE CIRCUMSTANCES OR CIRCUMSTANCES BEYOND OUR CONTROL, OR WHERE WE ARE BOUND BY OTHER LEGAL OBLIGATIONS UNDER APPLICABLE LAW.10.2. APPLICABLE LAWThe laws of India without regard to the principles of conflict of laws will govern this User Agreement and any dispute of any kind that may arise between you and TPL.10.3. DISPUTESTo expedite resolution and control the cost of any dispute, controversy, or claim related to this User Agreement (each a "Dispute") brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least ninety (90) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration in accordance with the Arbitration and Conciliation Act, 1996, as amended, and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction in respect thereof. Each Party shall nominate and appoint a competent arbitrator. The two nominee arbitrators shall jointly appoint the third arbitrator who shall be the chairman of the arbitration panel.You agree that you shall only be entitled to pursue remedies under this Clause 12.3 in case of any Dispute with TPL or in case of a Dispute with any other person, including any merchant, to which TPL is sought to be made a party by you or such other person, and that you shall not seek any other relief or initiate any other proceedings, including under the Consumer Protection Act, 2019.Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from this User Agreement.Exceptions to ArbitrationThe Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration:(a) any Dispute seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party;(b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and(c) any claim for injunctive relief.Subject to this clause 12.3, Disputes arising from or relating to Tata Pay shall be subject to the exclusive jurisdiction of courts at Mumbai, India.10.4. MODIFICATIONWe reserve the right to make changes to Tata Pay, the policies set out in this document (the “Policies”) and this User Agreement at any time, in our sole discretion. You will be subject to the terms of this User Agreement and the Policies in force at the time that you use Tata Pay, unless any change to the Policies or this User Agreement is required to be made under applicable law or by any government authority.10.5. SEVERABILITYIf any of the terms and conditions of this User Agreement shall be deemed invalid, void, or for any reason unenforceable, such terms and conditions shall be deemed severable and shall not affect the validity and enforceability of any remaining terms and conditions of this User Agreement.10.6. ASSIGNMENTYou may not assign or transfer any rights, obligations, or privileges that you have under this User Agreement without our prior written consent. Subject to the foregoing, this User Agreement will be binding on each party’s successors and permitted assigns. Any assignment or transfer in violation of this User Agreement will be deemed null and void. TPL shall have the right to assign this User Agreement without your prior written consent or intimation.10.7. WAIVERTPL’s waiver of any breach of this User Agreement by any User will not constitute a waiver of any other prior or subsequent breach of this User Agreement. TPL’s failure to insist upon strict compliance with the provisions of this User Agreement by any User will not be deemed a waiver of any rights or remedies TPL may have against that or any other User. TPL may waive compliance with this User Agreement in its sole discretion and may provide enhanced functionalities from time to time in respect of Tata Pay to select Users.10.8. ENTIRE AGREEMENTThis User Agreement, together with any other terms and conditions, rules, or regulations incorporated herein or referred to herein constitute the entire agreement between TPL and the Users relating to the subject matter hereof, and supersede any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on the TCP mobile or web application and the websites of merchants.10.9. LEGAL ACTIONNothing contained in this User Agreement will limit TPL or its affiliates in the exercise of any legal or equitable rights or remedies.Separate documentBILL PAYMENT TERMSTata Payments Limited (“TPL”, “we”, “our” or “us”) is offering recharge and bill pay services (“Bill Pay Services”) to facilitate the recharge of your (“User”, “you” or “your”) prepaid mobile, data or other accounts held with any establishment and/or entity who is providing you with utility services and/or payment services and accepts UPI, debit card/ credit card or other payment options for online or offline purchase of utilities and/or payment services and are supported by TPL for Bill Payment Services either through a biller aggregator or a Bharat Bill Pay Operating Unit (“BBPOU”) (“Biller”).By proceeding to use the BillPay Services, you signify your consent to be bound by these terms of use (hereinafter “BillPay Terms”) in addition to the Tata Pay User Agreement (“General Terms”).We reserve the right, to make changes or modifications to these BillPay Terms at our sole discretion. We will alert you about any changes by updating the “Last updated” date of these BillPay Terms and you hereby waive any right to receive specific notice of each such change. It is your responsibility to periodically review these BillPay Terms to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised BillPay Terms by your continued use of the BillPay Services after the date such revised terms are posted.Wherever the context requires User shall mean any natural or legal person who is a resident of India, at least 18 (eighteen) years of age who is eligible to contract within the meaning of the Indian Contract Act, 1872, and is not an undischarged insolvent.By proceeding to use the BillPay Services, you shall be contracting with TPL, and these Bill Pay Terms including all policies referenced herein will constitute your binding obligations, with TPL in connection with this offering.When you avail the BillPay Services from TPL on the website/application (“Platform”) or through any agents appointed by TPL the respective Biller’s terms and conditions will be applicable to you in addition to these BillPay Terms.By impliedly or expressly accepting the BillPay Terms, you also agree and consent to be bound by all relevant policies of TPL including the Privacy Policy as available on the Platform and www.tatadigital.com/legal.1. General Terms for Recharge & Pay Bills1.1. You agree that TPL is only a facilitator of payments and is not a party to the payments. In certain scenarios, we may act as an intermediary and receive funds pertaining to the BillPay Services on behalf of the Billers. In such scenarios, we would operate purely as the relevant Billers’ payment collection agent for the limited purpose of accepting funds from Users.1.2. TPL facilitates BillPay Services by allowing you to pay for mobile post-paid, prepaid recharge and landline phone bill payment, DTH, other utility payments like electricity, LPG etc. internet broadband, water tax payment, toll tax recharge (FasTag), and other services provided by TPL from time to time which are available under “Pay Bills” section of the Platform through a) partners with whom TPL has a contract or b) through the BBPS infrastructure where the Biller is registered with NPCI for Bill payments.1.3. Offers provided to you by Billers on the Platform are between you and the Biller, TPL is not responsible for the content of such offers or for the fulfilment of such offers.2. Setting up Recharge & Pay Bills2.1. In order to make the recharge or bill payments you will have to provide the unique customer identity/ subscription identity number or bill number or registered mobile number, registered telephone number or such other identifier(s) which are required to fetch the payment/subscription due or bill value, subscription plan, due date, outstanding amount due and such other information necessary to enable the payment to your account with the Biller (“Bill Payment Information”).2.2. You hereby authorize TPL to access, fetch, share, use, store the information related to your account with the Biller on an ongoing basis on your behalf for availing the BillPay Services.2.3. If you use the BillPay Services to provide Bill Payment Information, to fetch bill details, or make payments on behalf of a third party, including for mobile recharges/top ups, it is your responsibility to ensure that you have the consent of such third party. You agree that you have all necessary rights and permissions to allow TPL to use third party Bill Payment Information on an ongoing basis and access the bill details from the respective Biller, on behalf of the third party for the purpose of TPL providing BillPay Services. You agree that as between TPL and you, any claim raised by the third party will solely lie against you.2.4. You understand that correctness of information is of utmost importance for fetching the right bill and subscription value and you accordingly agree that you will ensure and be solely liable for the correctness of all information provided by you to TPL.2.5. Once you register a Biller on the Platform, you may be able to view your current and future bill details or eligible recharge plans or statement from that Biller as and when they are available. You agree that it is your responsibility to ensure that you check your bill details carefully prior to making any payments. In case of any discrepancies, please contact your Biller. You understand that the amount to be paid, recharged or subscription value is an agreement between you and the Biller and TPL has no obligation to verify the correctness of the same. You should always verify and confirm your bill payment requests against any statements or payment records provided by the Biller.2.6. You agree to keep your account information up to date and comply the BillPay Terms and all laws applicable to you. TPL reserves the right to suspend/deactivate/terminate the BillPay Services in case you violate any law or regulation applicable to you or any term of these BillPay Services.2.7. You agree that for providing the Bill Pay Services the User identifier data, location/state and/ / any other personal information may be required to be shared with the Biller for tax /GST purposes.2.8. You agree and authorize TPL to communicate with the Biller, BBPOUs, third party service providers, aggregators with your account information for processing the transaction.2.9. You also agree that TPL may set up reminder facility or auto payment facility which you expressly consent to and understand that payment once made to the Biller for BillPay Services is non - refundable.2.10. You shall be responsible for any duplicate standing instructions for payment or delayed payments or any penalty/ interest levied by the Biller on the payments made.3. Charges3.1. You agree that there may be charges for access, third party payment or such other data fees from TPL or any third-party payment participants and/ or Billers which you expressly agree to pay. You further agree that you shall not hold TPL liable for the any such fees charged by a third-party payment participant.4. Your ResponsibilitiesIn connection with your use of the BillPay Services, it shall be your responsibility to adhere to the following:4.1. You shall always be in compliance with applicable law including and not limited to any BBPS guidelines applicable to your use of the BillPay Services.4.2. You shall verify the status (success/failure) of each bill payment from your transaction history and/or the notifications received from TPL.4.3. You shall be responsible for keeping a track of your bills, subscription fee and recharge expiries and or due dates of any utilities/ services or recurring charge services that you have availed and TPL shall not be responsible for any technical issue related to periodic retrieval of the bills from the Billers or any errors / discrepancies in the bills.4.4. You shall be responsible for scheduling your bill payment and you understand that the payment realization time shall differ for every Biller. We will make payments to Billers only on receipt of your instructions. We shall not be responsible for any delays/ reversals or failure of transaction.5. User Errors5.1. If you erroneously send a payment to the wrong Biller or double pay or send a payment for the wrong amount (for instance a typographical error at your end) your only recourse will be to contact the Biller to whom you have sent the payment and ask them to refund the amount. TPL will not reimburse you or reverse a payment that you have erroneously made.6. Disclaimers6.1. You agree that all risks arising from online transactions will be borne by you.6.2. TPL and any third-party partners make no warranty, express or implied regarding the quality of the BillPay Services including but not limited to the following: i) the BillPay Services will meet your requirements; II) the BillPay Services will be uninterrupted, timely or error free; or III) any products, information or material obtained by you in connection with the BillPay Services will meet your requirements.6.3. TPL facilitates the recharge of your prepaid mobile, data or other accounts. The actual mobile, data or any other service is provided by the prepaid service providers like telecommunications service provider whose account you hold ("Prepaid Service Providers"), or by their distributors and aggregators and not by TPL. You hereby agree that you will be solely responsible for selecting an appropriate plan as may be offered by the Prepaid Service Providers, and for compliance with its terms. You understand that the plans provided on TPL are for reference purposes only. The plans may not be up-to-date and may have changed. You must check with your Prepaid Service Provider for the latest plans and details prior to making a transaction.6.4. You may also choose to enter an ad-hoc amount for bill payment or recharging, however acceptance of it will be solely at the discretion of the Biller. You are responsible for the accuracy of the details entered by you to make a payment or recharge your account. You further agree that TPL will not be liable for any failure on the part of any Biller in effecting a recharge or other bill payment or for any issue related to the quality of service provided by the Biller, and any dispute relating to the same shall be resolved directly between you and the Biller.Annexure IBILL PAYMENT TERMSTata Payments Limited (“TPL”, “we”, “our” or “us”) is offering recharge and bill pay services (“Bill Pay Services”) to facilitate the recharge of your (“User”, “you” or “your”) prepaid mobile, data or other accounts held with any establishment and/or entity who is providing you with utility services and/or payment services and accepts UPI, debit card/ credit card or other payment options for online or offline purchase of utilities and/or payment services and are supported by TPL for Bill Payment Services either through a biller aggregator or a Bharat Bill Pay Operating Unit (“BBPOU”) (“Biller”).By proceeding to use the BillPay Services, you signify your consent to be bound by these terms of use (hereinafter “BillPay Terms”) in addition to the Tata Pay User Agreement (“General Terms”). You hereby agree that in case of any conflict between the General Terms and these BillPay Terms, the BillPay Terms shall prevail in respect of the Bill Pay Services.We reserve the right, to make changes or modifications to these BillPay Terms at our sole discretion. We will alert you about any changes by updating the “Last updated” date of these BillPay Terms and you hereby waive any right to receive specific notice of each such change. It is your responsibility to periodically review these BillPay Terms to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised BillPay Terms by your continued use of the BillPay Services after the date such revised terms are posted.Wherever the context requires User shall mean any natural or legal person who is a resident of India, at least 18 (eighteen) years of age who is eligible to contract within the meaning of the Indian Contract Act, 1872, and is not an undischarged insolvent.By proceeding to use the BillPay Services, you shall be contracting with TPL, and these Bill Pay Terms including all policies referenced herein will constitute your binding obligations, with TPL in connection with this offering.When you avail the BillPay Services from TPL on Tata Pay platform (“Platform”) or through any agents appointed by TPL the respective Biller’s terms and conditions will be applicable to you in addition to these BillPay Terms.By impliedly or expressly accepting the BillPay Terms, you also agree and consent to be bound by all relevant policies of TPL including the Privacy Policy as available on the Platform and https://www.tatadigital.com/legal.7. General Terms for Recharge & Pay Bills1.4. You agree that TPL is only a facilitator of payments and is not a party to the payments. In certain scenarios, we may act as an intermediary and receive funds pertaining to the BillPay Services on behalf of the Billers. In such scenarios, we would operate purely as the relevant Billers’ payment collection agent for the limited purpose of accepting funds from Users.1.5. TPL facilitates BillPay Services by allowing you to pay for mobile post-paid, prepaid recharge and landline phone bill payment, DTH, other utility payments like electricity, LPG etc. internet broadband, water tax payment, toll tax recharge (FasTag), and other services provided by TPL from time to time which are available under “Pay Bills” section of the Platform through a) partners with whom TPL has a contract or b) through the BBPS infrastructure where the Biller is registered with NPCI for Bill payments.1.6. Offers provided to you by Billers on the Platform are between you and the Biller, TPL is not responsible for the content of such offers or for the fulfilment of such offers.8. Setting up Recharge & Pay Bills2.11. In order to make the recharge or bill payments you will have to provide the unique customer identity/ subscription identity number or bill number or registered mobile number, registered telephone number or such other identifier(s) which are required to fetch the payment/subscription due or bill value, subscription plan, due date, outstanding amount due and such other information necessary to enable the payment to your account with the Biller (“Bill Payment Information”).2.12. You hereby authorize TPL to access, fetch, share, use, store the information related to your account with the Biller on an ongoing basis on your behalf for availing the BillPay Services.2.13. If you use the BillPay Services to provide Bill Payment Information, to fetch bill details, or make payments on behalf of a third party, including for mobile recharges/top ups, it is your responsibility to ensure that you have the consent of such third party. You agree that you have all necessary rights and permissions to allow TPL to use third party Bill Payment Information on an ongoing basis and access the bill details from the respective Biller, on behalf of the third party for the purpose of TPL providing BillPay Services. You agree that as between TPL and you, any claim raised by the third party will solely lie against you.2.14. We shall endeavour to complete the transaction within 7 business days.2.15. You understand that correctness of information is of utmost importance for fetching the right bill and subscription value and you accordingly agree that you will ensure and be solely liable for the correctness of all information provided by you to TPL.2.16. Once you register a Biller on the Platform, you may be able to view your current and future bill details or eligible recharge plans or statement from that Biller as and when they are available. You agree that it is your responsibility to ensure that you check your bill details carefully prior to making any payments. In case of any discrepancies, please contact your Biller. You understand that the amount to be paid, recharged or subscription value is an agreement between you and the Biller and TPL has no obligation to verify the correctness of the same. You should always verify and confirm your bill payment requests against any statements or payment records provided by the Biller.2.17. You agree to keep your account information up to date and comply the BillPay Terms and all laws applicable to you. TPL reserves the right to suspend/deactivate/terminate the BillPay Services in case you violate any law or regulation applicable to you or any term of these BillPay Services.2.18. You agree that for providing the Bill Pay Services the User identifier data, location/state and/ / any other personal information may be required to be shared with the Biller for tax /GST purposes.2.19. You agree and authorize TPL to communicate with the Biller, BBPOUs, third party service providers, aggregators with your account information for processing the transaction.2.20. You also agree that TPL may set up reminder facility or auto payment facility which you expressly consent to and understand that payment once made to the Biller for BillPay Services is non - refundable.2.21. You shall be responsible for any duplicate standing instructions for payment or delayed payments or any penalty/ interest levied by the Biller on the payments made.9. Charges3.2. You agree that there may be charges for access, third party payment or such other data fees from TPL or any third-party payment participants and/ or Billers which you expressly agree to pay. You further agree that you shall not hold TPL liable for the any such fees charged by a third-party payment participant.10. Your ResponsibilitiesIn connection with your use of the BillPay Services, it shall be your responsibility to adhere to the following:4.5. You shall always be in compliance with applicable law including and not limited to any BBPS guidelines applicable to your use of the BillPay Services.4.6. You shall verify the status (success/failure) of each bill payment from your transaction history and/or the notifications received from TPL.4.7. You shall be responsible for keeping a track of your bills, subscription fee and recharge expiries and or due dates of any utilities/ services or recurring charge services that you have availed and TPL shall not be responsible for any technical issue related to periodic retrieval of the bills from the Billers or any errors / discrepancies in the bills.4.8. You shall be responsible for scheduling your bill payment and you understand that the payment realization time shall differ for every Biller. We will make payments to Billers only on receipt of your instructions. We shall not be responsible for any delays/ reversals or failure of transaction.11. User Errors5.2. If you erroneously send a payment to the wrong Biller or double pay or send a payment for the wrong amount (for instance a typographical error at your end) your only recourse will be to contact the Biller to whom you have sent the payment and ask them to refund the amount. TPL will not reimburse you or reverse a payment that you have erroneously made.12. Grievance Redressal6.5. Please contact us at customercare@tataneu.com for any grievance or issues that you may face from time to time.13. Disclaimers6.6. You agree that all risks arising from online transactions will be borne by you.6.7. TPL and any third-party partners make no warranty, express or implied regarding the quality of the BillPay Services including but not limited to the following: i) the BillPay Services will meet your requirements; II) the BillPay Services will be uninterrupted, timely or error free; or III) any products, information or material obtained by you in connection with the BillPay Services will meet your requirements.6.8. TPL facilitates the recharge of your prepaid mobile, data or other accounts. The actual mobile, data or any other service is provided by the prepaid service providers like telecommunications service provider whose account you hold ("Prepaid Service Providers"), or by their distributors and aggregators and not by TPL. You hereby agree that you will be solely responsible for selecting an appropriate plan as may be offered by the Prepaid Service Providers, and for compliance with its terms. You understand that the plans provided on TPL are for reference purposes only. The plans may not be up-to-date and may have changed. You must check with your Prepaid Service Provider for the latest plans and details prior to making a transaction.6.9. You may also choose to enter an ad-hoc amount for bill payment or recharging, however acceptance of it will be solely at the discretion of the Biller. You are responsible for the accuracy of the details entered by you to make a payment or recharge your account. You further agree that TPL will not be liable for any failure on the part of any Biller in effecting a recharge or other bill payment or for any issue related to the quality of service provided by the Biller, and any dispute relating to the same shall be resolved directly between you and the Biller.Annexure IIUPI TERMS AND CONDITIONSTata Payments Limited (“TPL”, “we”, “our” or “us”) is offering certain ‘Unified Payments Interface’ (“UPI”) based payment services, inter alia, through Tata Pay Platform (“Platform”) in association a payments service provider bank (the “PSP Bank”) through which users of the Platform (“Users” or “you”) may use UPI ID and complete various payment transactions (“UPI Services”).By proceeding to use the UPI Services, you signify your consent to be bound by these terms of use (hereinafter “UPI Terms”) in addition to the Tata Pay User Agreement (“General Terms”). You hereby agree that in case of any conflict between the General Terms and these UPI Terms, the UPI Terms shall prevail in respect of the UPI Services.We reserve the right, in our discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms and Conditions and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the UPI Services after the date such revised terms are posted.1. Definitions:1.1. “NPCI” shall mean National Payments Corporation of India. NPCI is an authorized entity by Reserve Bank of India (RBI). NPCI provides and manages UPI platform.1.2. “UPI” shall mean Unified Payments Interface.1.3. “PSP Bank” shall mean a payments service provider bank through which users of the Platform may complete UPI transactions.1.4. “TPAP” shall mean Third Party Application Provider, TPL in this case.1.5. “UPI ID” shall mean the virtual payment address created by the User while registering for the Facility and used for the purpose of undertaking Payment Services, in accordance with the Procedural Guidelines1.6. “UPI PIN” shall mean the 4 (four) or 6 (six) digit numeric pin/code used for authenticating a transaction through the Facility as required under the procedural guidelines issued by NPCI from time to time. Users will be required to set a UPI PIN for bank account(s) linked to the UPI ID on the Facility.1.7. “Credentials” shall mean “UPI ID” and, together with the UPI PIN.1.8. “UPI Services” shall mean the features and services provided by TPL to its users as part of UPI platform.2. Registration and Eligibility2.1. The registration process is a standard process which is defined and governed by NPCI under UPI guidelines and may change from time to time. You understand that the registration process may include access to your mobile network and sending a unique SMS using your phone to verify, validate, register and link your Bank Account on UPI Platform and create your UPI.2.2. If you do not meet the eligibility requirements, your use of the UPI Services will be limited. We treat all activities under any UPI ID to be those of the registered user. Users shall not use the UPI Services on behalf of any other person or entity. You shall update registration information promptly upon any change so that it is at all times complete and accurate. We reserve the right to refuse to provide or discontinue UPI Services to any person or entity at any time for any reason.2.3. You UPI ID can be, inter alia, used to:a. Pay at merchant locations using QR code through your Tata Pay App.b. Online through certain merchant websites.c. For making payment for Tata Pay Services as permitted by the regulators and Payment System Providers.2.4. The details provided by you as part of the UPI registration process, which includes your banking information, shall be shared and maintained at PSP Bank’s and NPCI’s secure library and you consent to share and authorize PSP Bank and NPCI to maintain this data.3. UPI Services3.1. Linking your Bank AccountYou may use the UPI Services by linking your bank account in the manner set forth below(i) Sign-in to on Tata Neu using your credentials.(ii) Navigate to the Tata Pay UPI section and select “Register now” or click on any UPI icon or select UPI as a payment method for your transactions on Tata Neu.(iii) Verify your mobile number by clicking on the “Send SMS” tab. Please note that the Membership Account should be linked to the mobile number registered with your bank. You understand that the verification may include access to your mobile number, network provider and sending an SMS to PSP Bank to validate the device binding to your mobile number.(iv) Once your mobile number is verified, please choose the bank’s name from the list provided, which you wish to link for UPI Services. In making such selection, you agree and acknowledge that the chosen bank account belongs to you and that you have the lawful authority to operate such bank account in order to make transactions.(v) Subsequently, select a four or six digit number as the personal identification number which can be used for making UPI transactions (“UPI PIN”), if UPI PIN is not already set for the linked bank account.(vi) To use UPI Services, you will be issued a UPI ID and thereafter your bank account will be linked (UPI ID and, together with the UPI PIN, your “Credentials”). The UPI ID is a virtual address linked to your bank account, that is required for your UPI transactions. Your UPI ID will be saved for your subsequent transactions.3.2. Use of the UPI ServicesThe UPI Services may be used as a payment method on the Platform, on compatible sales channels of other entities, and for person-to-person payments with other Users.3.2.1. UPI Services the Platform(i) Select ‘UPI’ as a payment method for your transaction through Tata Pay on the Platform.(ii) Review your order summary and proceed to payment.(iii) Enter your UPI PIN on the NPCI common library and press enter in order to complete your transaction.3.2.2. UPI Services on Compatible Sales Channels(i) Select ‘UPI’ as a payment method for your transaction.(ii) Enter your UPI ID; or click on the BHIM UPI button and then on the Tata Neu application icon; or scan the UPI QR code generated by the merchant using the Platform.(iii) You will receive a payment request on the Platform.(iv) Confirm the payment request by entering your UPI PIN on the NPCI common library and press enter in order to complete your transaction.3.2.3. UPI Services for Person-to-Person transfers between Users(i) Upon receipt of a payment request through UPI, you may make payments using the UPI Services by visiting the “Tata Pay” section of the Platform and clicking on the “Approved Requests” notification.(ii) You may choose to accept or decline any payment requests you receive on your UPI ID.(iii) If you choose to accept an UPI payment request, you will be informed of the amount being requested and asked to confirm deduction of such funds from your UPI-linked bank account.(iv) Click “Pay now” and confirm the payment request by entering your UPI PIN on the NPCI common library and press enter in order to complete your transaction.(v) Similarly, you may send UPI payment requests to other Users by entering the relevant User’s UPI ID in the “Request money” sub-section of Tata Pay on the Platform.(vi) You may also make payments to other Users on your own initiative by entering a User’s UPI ID in the “Make Payment” sub-section of the Platform. and confirming the payment by entering your UPI PIN.(vii) You may also transfer money to your own account or may transfer to other user by entering bank and IFSC details.(viii) If you have linked more than one account to Tata Pay UPI, you may also make payments to your other account in the “Transfer to self” sub-section of the Platform and confirming the payment by entering your UPI PIN.3.3. UPI ID and UPI PINExcept for when you are requesting for money transfer, your UPI ID and UPI PIN will be required at all times to use the UPI Services. You are solely responsible for protecting your mobile device, UPI ID and UPI PIN set for availing the UPI Services. You agree to accept responsibility for all activities that occur under your UPI ID and UPI PIN using the UPI Services. You should take all necessary steps to ensure that the UPI PIN or any information related to your use of the UPI Services, is kept confidential and secure.By using the UPI Services, you acknowledge and agree that TPL shall not be liable or responsible in any manner whatsoever, for any matter in connection with your submission of the UPI PIN to NPCI or the use of your UPI PIN by NPCI. You acknowledge and understand that your UPI PIN is created and stored by your bank and TPL holds no responsibility for the UPI PIN.3.4. Transaction Limits and Feesa. Transactions using the UPI Services may be subject to minimum and maximum transaction limits that may be set by NPCI, TPL, PSP Bank, or any other service provider as may be prescribed under the provisions of Applicable Law, from time to time. TPL, PSP Bank or other service providers may also reject/suspend transactions (in whole or in part) based on their respective policies and assessment.b. TPL reserves the right to charge any fee on UPI Services at its sole discretion. We may introduce fees for any new services or amend/introduce fees for existing services, as the case may be. Changes to the fee(s) shall be displayed accordingly to you via the Platform and such changes shall automatically become effective immediately after they are posted. Unless otherwise stated, all fees shall be quoted in Indian Rupees. Your bank may charge you a fee for any transaction made using the UPI Services. Please check with your bank for further details.3.5. Transaction Monitoring3.5.1. TPL, PSP Bank or NPCI may review your activity and transactions using the UPI ID for identifying high risk transactions. We may also engage third party service providers to assist us in these efforts. In case, transactions processed by you or any other activity that we believe may be suspicious or unusual, we may temporarily or permanently suspend your access to the UPI services.3.5.2 Your transaction may be rejected by PSP Bank or TPL due to reason not limited to risk management, suspicion of fraudulent / unlawful transactions and/or transactions in violation of applicable laws or the UPI Terms or policies of merchants, selling of prohibited items, use of compromised or blacklisted cards or UPI accounts, chargebacks/complaints or for any other reasons deemed fit by TPL. In such case, you may be issued a refund for such transaction in accordance with Tata Pay’s refund policies or the return and refund policies of the merchant, as applicable.3.6. Acceptable Use3.6.1. You will at all times adhere to all applicable laws, rules, and regulations applicable to your use of the UPI Services. Without limiting the foregoing, you may not act as a payment service provider, intermediary, aggregator or otherwise resell the UPI Services on behalf of any third party, including without limitation the processing and transmission of funds for any third party. We may inspect your use of the UPI Services for any reason, including without limitation to investigate any alleged violation of these UPI Terms or any third-party complaints.3.6.2. You shall not use the UPI Services in any way that causes, or is likely to cause, the UPI Services or access to it by other Users to be interrupted, damaged or impaired in any way.3.6.3. You understand that you, and not TPL, are responsible for all electronic communications and content sent from your computer or other systems to us and to the persons you transact with using the UPI Services. Users shall use the UPI Services for lawful purposes only. You shall not use the UPI Services for any of the following:(a) For fraudulent purposes, or in connection with a criminal offense or other activity that violates any applicable law;(b) For any cause or action that is in violation of the Terms of Use of the Tata Neu; or(c) To cause annoyance or inconvenience to any other person.3.6.4. PSP Bank or TPL may, at its sole discretion, temporarily or permanently suspend your access to the UPI Services, if it has reason to believe that there is suspicious or unusual activity being carried out through your UPI ID and UPI PIN.3.7. Refunds3.7.1. In case you request for a refund due to the return of a product or service purchased from a merchant using UPI Services, refunds shall be issued in accordance with the relevant merchant’s return and refund policies.3.8. Our RoleFor the purposes of providing the UPI Services, TPL is only a facilitator and is not and cannot be a party to or control in any manner any transactions relating to purchase of products or services using the UPI Services on Tata Neu or on any merchant’s sales channels or for transactions with other Users. Tata Pay, in relation to the UPI Services, is a TPAP authorized by the NPCI to facilitate UPI-based payments transactions through PSP Bank and is accordingly bound by the tripartite agreement between TPL, the NPCI and the PSP Bank. For the specific roles and responsibilities of TPL (in its capacity as a TPAP), the PSP Bank and the NPCI in a UPI payment transaction, please refer to Schedule I below.3.9. User Data3.9.1. You agree that TPL may use the UPI transaction data for the purposes of cross-selling, promotions, offer, value-added services, increasing transactions, providing better user experience or such other purposes as approved by NPCI from time to time.4. User Responsibility & Obligations4.1. While you use the UPI Services, You are required to ensure the following -a. You are solely responsible for linking your correct bank account.b. Since your mobile number is treated as the primary identifier, your mobile number needs to be updated with the bank linked to the Platform in case of any changes.c. If you change the mobile number registered with the Platform, You will have to re-register your new mobile number with Tata Pay. To re-enable the UPI Service, you need to register your new mobile number with your bank as well.d. You are solely responsible to keep your OTP, UPI PIN and bank account related details confidential. Sharing such information with others may lead to unauthorized usage, for which TPL shall not be responsible.e. You shall take full responsibility of the payment request that you make and authorize, including addition of beneficiary, typing and reviewing UPI IDs and validating intended recipients and we do not take correctness of information that you enter during payment processing, including authorization.f. You agree that if you provide any information that is untrue, inaccurate, not current or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the UPI Terms, we shall have the right to indefinitely suspend or terminate or block access to the UPI Services.g. You agree that TPL, PSP or any other system participant in UPI payment ecosystem shall not be liable for any delay in the completion of the funds transfer or any loss on account of error in the execution of the funds transfer by you.h. You are required to ensure availability of sufficient funds in the linked bank account(s) in order to avoid transaction declines and charges if any accessed by your issuer bank.i. You agree and understand that TPL shall onboard you on the NPCI operated centralised mapper(s) such as “Numeric UPI ID Mapper” to enable you to send or receive funds using a defined “UPI Number” (which would be your mobile number by default) and you agree and consent that such onboarding shall be done by TPL on your behalf within the defined and permitted structure of NPCI. This process shall be as per directives of NPCI and shall include but not limited to sharing your UPI details (collected and maintained by TPL to provide UPI services) with NPCI and linking of default bank account / UPI ID to your UPI number. This would enable you to accept payments against your UPI number. TPL shall provide you an option to de-link the default mapping of UPI number processed on the Platform. You further agree to receive funds from other users registered on the Platform and consent that Tata Pay will process such transactions to your linked default bank account without checking with the NPCI Mapper.j. You acknowledge and agree that you will comply with the terms of service of the PSP Bank.5. Privacy4.1 In addition to other clauses in the General Terms, you agree and specifically consent that we may collect, store, and use your personal data and any communications made through Tata Pay, in accordance with Applicable Laws and our Privacy Policy.4.2 Further, specifically, TPL may share your payments related information, including transaction data, with PSP Bank, merchants and other service providers as required for the purpose of transaction processing and payment settlement. Your transaction data may also be used by TPL for purposes such as cross-selling, promotions, offer, value-added services, increasing transactions, providing better user experience or such other purposes, including as may be approved by NPCI from time to time.4.3 If you are a receiver of payment, you agree and specifically consent that TPL may store your information including bank account number on the Platform for the purpose of sending you payments.4.4 For the purposes of receiving payments, you agree and specifically consent that TPL may store your information including UPI ID and bank account number on the Platform for the purpose of receiving payments using the UPI Services.4.5 You agree and specifically consent that TPL may, through automated means, access your navigational, log, and correspondence information/data from your use of the UPI Services. This information/data will help us analyze the merchants, markets, technology, operating systems, browsers, devices, locations from/for which the UPI Services are being used. Such information and its analysis will help us to better understand your needs and provide you with a wider range of services, or developing updates for particular operating systems and mobile application versions, etc. The information collected also helps us offer you other products, programs, or services including offers that may be provided by merchants that we believe may be of interest to you or alert you in case of software compatibility issues.4.6 You agree and specifically consent that TPL and its affiliates may, through automated means, access your messages on your mobile device/mobile number and retrieve/use information from your messages to provide you with enhanced services.6. Intellectual Property Rights6.1. Intellectual Property Rights for the purpose of these UPI Terms shall always mean and include copyrights whether registered or not, patents including rights of filing patents, trademarks, trade names, trade dresses, house marks, collective marks, associate marks and the right to register them, designs both industrial and layout, geographical indicators, moral rights, broadcasting rights, displaying rights, distribution rights, selling rights, abridged rights, translating rights, reproducing rights, performing rights, communicating rights, adapting rights, circulating rights, protected rights, joint rights, reciprocating rights, infringement rights. All Intellectual Property rights arising as a result of domain names, internet or any other right available under applicable law shall vest in the domain of TPL as the owner of such domain name. The Parties hereto agree and confirm that no part of any Intellectual Property rights mentioned hereinabove is transferred in the name of User and any intellectual property rights arising as a result of these presents shall also be in the absolute ownership, possession and our control or control of its licensors, as the case may be.6.2. All material on the Platform, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights of TPL. All material on Tata Pay is solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other platform or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited.7. Communications7.1. When you use the UPI Services or send e-mails to us, you are communicating with us electronically. You will be required to provide a valid phone number to process a transaction using the UPI Services. We may communicate with you by e-mail, SMS, phone call or by posting notices on the Platform or by any other mode of communication. Through your use of the UPI Services, you consent to receive communications including SMS, e-mail or phone calls from us with respect to your use of Tata Pay and the UPI Services, including for the following purposes:a. providing you with the functionalities of the UPI Services and transactional or account related information;b. sending you payment related reminders/updates;c. promoting the UPI Services or Tata Neu or any of TPL’s and its affiliates’ other products and services;d. promoting the merchants’ services, including any offers or schemes or prizes that may be provided by these entities;e. promoting new products and activities;f. investigating or resolving any product or UPI Service-related concerns including complaints; org. obtaining your invaluable feedback.7.2. In order to serve you better, we may also send you surveys to understand: (i) your experience with the UPI Services, and/or (ii) your needs and requirements.7.3. You may choose to, or we may invite you to, submit comments or ideas about the UPI Services, including without limitation about how to improve the UPI Services or our other products and services. By submitting any idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place us under any fiduciary or other obligation, and that we are free to use the idea without any additional compensation to you, and/or to disclose the idea on a non-confidential basis or otherwise to anyone.7.4. Some of the features of the UPI Services may display advertisements and promotions. In consideration for TPL granting you access to and use of the UPI Services, you agree that TPL and its affiliates may place such advertising and promotions.8. Responsibility for TaxesThe reporting and payment of any applicable taxes arising from the use of the UPI Services is your responsibility. You hereby agree to comply with any and all applicable tax laws in connection with your use of the UPI Services, including without limitation, the reporting and payment of any taxes arising in connection with payments made through UPI Services, or funds/income received through the UPI Services.9. Indemnity And Limitation of Liability9.1. IndemnityYou shall indemnify and hold harmless TPL and its affiliates, and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of:a. your use of the UPI Services;b. breach or non-compliance by you of your representations, warranties, or obligations set forth in these UPI Terms;c. any dispute or litigation caused by your actions or omissions;d. your negligence or violation or alleged violation of any applicable law, rules or regulations or the rights of any third party.9.2. Release9.2.1. You hereby expressly release TPL and its affiliates and/or any of their officers and representatives from any cost, damage, liability or other consequence of any actions or omissions of any merchant and specifically waive any claims or demands that you may have in this regard under any statute or contract, in equity, or otherwise.9.2.2. We are not responsible for examining or evaluating, and we do not warrant or endorse the offerings of any merchants, or the content of their marketing materials, websites or other sales channels. TPL and its affiliates do not assume any responsibility or liability for the actions or omissions, products, and content of any marketing materials, website or other sales channels of these and any other third-parties.9.2.3. We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the UPI Services.9.2.4. We will not be held responsible for any delay or failure to comply with our obligations if the delay or failure arises from any cause which is beyond our reasonable control.9.2.5. TPL shall not be responsible for: (a) any loss or misdirection of, or delay in receiving, any payments due through the UPI Services; (b) any acts or omissions of third parties (including, without limitation, merchants); or (c) any errors published in relation to the UPI Services, including, without limitation, any pricing or typographical errors, errors of description, and errors regarding merchants. TPL reserves the right to correct, without notice, any errors.10. Suspension and Termination10.1. PSP Bank or TPL may, in its sole and absolute discretion, suspend or terminate your use of the UPI Services, without notice and without liability to you or any third party, for any reason, including without limitation, inactivity or violation of these UPI Terms or other policies, which may be established from time to time.10.2. PSP Bank or TPL may suspend your UPI Services and block access to you’re the UPI Services and deactivate it under the following circumstances:(i) you have violated the terms of these UPI Terms;(ii) we determine that you pose an unacceptable credit or fraud risk to us;(iii) you provide or have provided false, incomplete, inaccurate, or misleading information (including without limitation any registration information) or otherwise engage in fraudulent or illegal conduct;(iv) we have security concerns regarding your use of the UPI Services, including your Credentials, or(v) we suspect unauthorized or fraudulent use of your UPI Services, or any payment information provided by you on the Platform.10.3. In such cases we will inform you of the deactivation of your UPI Services or Credentials and the reasons for it, where possible, before the deactivation and in any event promptly thereafter, unless we determine that giving such information would compromise security concerns or is prohibited by applicable law. We will reactivate your UPI Services or Credentials, or replace it or them, as applicable, once we have resolved the reasons for deactivation. Users are required to notify us via e-mail at customercare@tatadigital.com you wish to request us to reactivate your use of the UPI Services.10.4. You may note that Tata Pay shall retain your registration information, UPI IDs, transactional information or any other information that we are permitted to store as permitted and for the duration as specified in regulations or notified by NPCI from time to time even after the termination of your UPI Services.11. Miscellaneous11.1. Limitation of LiabilityTHE UPI SERVICES AND ALL RELATED INFORMATION, CONTENT, MATERIALS, AND SERVICES ARE PROVIDED BY TPL ON AN "AS IS" AND "AS AVAILABLE" BASIS. TPL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE UPI SERVICES, INFORMATION, ANY APPLICATION, CONTENT INCLUDING WITHOUT LIMITATION: (A) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, SUITABILITY, RELAIBILITY, COMPLETENESS, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT; (B) THAT THE UPI SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OPERATE WITHOUT ERROR, OR WILL CONTAIN ANY PARTICULAR FEATURES OR FUNCTIONALITY; (C) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR TRADE USAGE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE UPI SERVICES IS AT YOUR SOLE RISK AND THAT YOU ARE USING YOUR BEST AND PRUDENT JUDGMENT BEFORE ENTERING INTO ANY TRANSACTIONS USING THE UPI SERVICES; (D) ELECTRONIC COMMUNICATIONS SENT FROM TPL OR ITS AFFILIATES ARE FREE OF VIRUSES, MALWARE OR OTHER HARMFUL COMPONENTS.AT NO TIME SHALL ANY RIGHT, TITLE OR INTEREST IN THE PRODUCTS SOLD BY MERCHANTS ON TATA NEU VEST WITH TATA PAY LIMITED NOR SHALL TATA PAY LIMITED HAVE ANY OBLIGATIONS OR LIABILITIES IN RESPECT OF ANY TRANSACTIONS BETWEEN USERS AND MERCHANTS. WE SHALL NEITHER BE LIABLE NOR BE RESPONSIBLE FOR ANY ACTIONS OR INACTIONS OR ANY BREACH OF CONDITIONS, REPRESENTATIONS OR WARRANTIES BY MERCHANTS AND HEREBY EXPRESSLY DISCLAIM ANY AND ALL RESPONSIBILITY AND LIABILITY IN THAT REGARD. WE DO NOT IMPLICITLY OR EXPLICITLY SUPPORT OR ENDORSE THE SALE OR PURCHASE OF ANY MERCHANTS’ PRODUCTS.TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR AFFILIATES (AND OUR AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, AGENTS AND REPRESENTATIVES) WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE UPI SERVICES (INCLUDING THE INABILITY TO USE THE UPI SERVICES), UNLESS OTHERWISE SPECIFIED IN WRITING. IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR AFFILIATES (AND OUR AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, AGENTS AND REPRESENTATIVES) WILL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY SERVICES OR PRODUCTS PURCHASED OR TRANSACTIONS ENTERED INTO THROUGH THE UPI SERVICES.WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL WE OR ANY OF OUR AFFILIATES BE LIABLE TO YOU FOR ANY FAILURE OR DELAY BY US (OR OUR EMPLOYEES, AGENTS, OR REPRESENTATIVES) IN PERFORMING OUR OBLIGATIONS UNDER THESE TERMS AND CONDITIONS, WHERE SUCH FAILURE OR DELAY IS CAUSED BY ABNORMAL AND UNFORESEEABLE CIRCUMSTANCES BEYOND OUR CONTROL, THE CONSEQUENCES OF WHICH WOULD HAVE BEEN UNAVOIDABLE DESPITE ALL REASONABLE EFFORTS TO THE CONTRARY, OR WHERE WE ARE BOUND BY OTHER LEGAL OBLIGATIONS COVERED BY APPLICABLE LAW. TPL SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING BUT NOT LIMITED TO SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF UPI TRANSACTIONS THROUGH THE UPI SERVICES.11.2. Applicable LawThe laws of India without regard to the principles of conflict of laws will govern these UPI and any dispute of any kind that may arise between you and TPL.11.3. Disputes(a) Every User can raise a complaint with respect to a UPI transaction, on the Platform.(b) Users can select the relevant UPI transaction and raise a complaint in relation thereto.(c) A complaint shall be first raised with TPL in respect of all UPI Services-related grievances / complaints of the Users on-boarded by TPL (if the UPI transaction is made through the Platform). In case the complaint / grievance remains unresolved, the next level for escalation will be the PSP Bank, followed by the bank (where the User maintains its account) and NPCI, in the same order. After exercising these options, the User can approach the Banking Ombudsman and / or the Ombudsman for Digital Complaints, as the case may be.(d) The complaint can be raised for both the types of transactions, i.e., funds transfers and merchant transactions.(e) The User shall be kept informed by the PSP or TPL by means of updating the status of such User’s complaint on the Platfom.EntityGrievance Redressal LinkPSP BankICICI Bankhttps://www.icicibank.com/complaints/complaints.pageNPCIhttps://www.npci.org.in/what-we-do/upi/dispute-redressal-mechanism11.4. SeverabilityIf any of the provisions of these UPI Terms shall be deemed invalid, void, or for any reason unenforceable, such provisions shall be deemed severable and shall not affect the validity and enforceability of any remaining terms and conditions of these UPI Terms.11.5. AssignmentYou may not assign or transfer any rights, obligations, or privileges that you have under these UPI Terms without our prior written consent. Subject to the foregoing, these UPI Terms will be binding the User’s successors and permitted assigns. Any assignment or transfer in violation of these UPI Terms.11.6. WaiverTPL’s waiver of any breach of these UPI Terms by any User will not constitute a waiver of any other prior or subsequent breach of these UPI Terms. TPL’s failure to insist upon strict compliance with the provisions of these UPI Terms by any User will not be deemed a waiver of any rights or remedies TPL may have against that or any other User. TPL may waive compliance with these UPI Terms in its sole discretion and may provide enhanced functionalities from time to time in respect of the UPI Services to select Users.11.7. Entire AgreementThese UPI Terms, together with any other terms and conditions, rules, or regulations incorporated herein or referred to herein constitute the entire agreement between TPL and the Users relating to the subject matter hereof, and supersede any prior understandings or agreements (whether oral or written) regarding the subject matter.11.8. Legal ActionNothing contained in these UPI Terms will limit TPL or its affiliates in the exercise of any legal or equitable rights or remedies.Schedule IRoles and Responsibilities of TPL, PSP Bank and the NPCIRoles & Responsibilities of NPCI§ NPCI owns and operates the Unified Payments Interface (“UPI”) platform.§ NPCI prescribes rules, regulations, guidelines, and the respective roles, responsibilities and liabilities of the participants, with respect to UPI. This also includes transaction processing and settlement, dispute management and clearing cut-offs for settlement.§ NPCI approves the participation of Issuer Banks, PSP Banks, TPAP and Prepaid Payment Instrument issuers (“PPIs”) in UPI.§ NPCI provides a safe, secure and efficient UPI system and network.§ NPCI provides online transaction routing, processing and settlement services to members participating in UPI.§ NPCI can, either directly or through a third party, conduct audit on UPI participants and call for data, information and records, in relation to their participation in UPI.§ NPCI provides the banks participating in UPI access to system where they can download reports, raise chargebacks, update the status of UPI transactions etc.Roles & responsibilities of PSP Bank(a) PSP Bank is a member of UPI and connects to the UPI platform for availing UPI payment facility and providing the same to the TPAP which in turn enables the Users / merchants to make and accept UPI payments.(b) PSP Bank, either through its own app or TPAP’s app, on-boards and registers the Users on UPI and links their bank accounts to their respective UPI ID.(c) PSP Bank is responsible for authentication of the User at the time of registration of such customer, either through its own app or TPAP’s app.(d) PSP Bank engages and on-boards the TPAPs to make the TPAP’s UPI app available to the Users.(e) PSP Bank has to ensure that TPAP and its systems are adequately secure to function on UPI platform(f) PSP Bank is responsible for ensuring that UPI app and systems of TPAP are audited to safeguard security and integrity of the data and information of the User including UPI transaction data as well as UPI app security.(g) PSP Bank has to store all the payments data including UPI Transaction Data collected for the purpose of facilitating UPI transactions, only in India.(h) PSP Bank is responsible for giving all UPI customers an option to choose any bank account from the list of Banks available on UPI platform for linking with the customer’s UPI ID.(i) PSP Bank is responsible for putting in place a grievance redressal mechanism for resolving complaints and disputes raised by the User.Roles & responsibilities of TPAP (i.e., Tata Pay)(a) TPAP is a service provider and participates in UPI through PSP Bank.(b) TPAP is responsible for complying with all the requirements prescribed by PSP Bank and NPCI in relation to TPAP’s participation in UPI.(c) TPAP is responsible for ensuring that its systems are adequately secure to function on the UPI platform.(d) TPAP is responsible for complying with all applicable laws, rules, regulations and guidelines etc. prescribed by any statutory or regulatory authority in relation to UPI and TPAP’s participation on the UPI platform including all circulars and guidelines issued by NPCI in this regard(e) TPAP has to store all the payments data including UPI Transaction Data collected by TPAP for the purpose of facilitating UPI transactions, only in India(f) TPAP is responsible for facilitating access by the RBI, NPCI and other agencies nominated by RBI/ NPCI, to the data, information, systems of TPAP related to UPI and to carry out audits of TPAP, as and when required by RBI and NPCITPAP shall provide the User with an option to raise grievances through the TPAP’s grievance redressal facility made available through TPAP’s UPI app or website and such other channels as may be deemed appropriate by the TPAP like email, messaging platform, IVR etc.
PRIVACY NOTICE
Tata Digital Limited (“Tata Digital” or “we”) takes the privacy of your information seriously. This Privacy Notice describes the types of personal information we collect from you through our website (including sub-domains and microsites) and the Tata Consumer Platform ("Tata Consumer Platform"). It also describes the purposes for which we collect that personal information, the other parties with whom we may share it and the measures we take to protect the security of your data. It also tells you about your rights and choices with respect to your personal information, and how you can contact us about our privacy practices.You are advised to carefully read this Privacy Notice before using or availing any of our products and/or services.1. DEFINITIONS AND KEY CONCEPTSIn this Privacy Notice, the following definitions are used:Datapersonal information, including sensitive personal information and special category personal data (as defined under Data Protection Laws) about you, which we collect, receive or otherwise process in connection with your use of our website and/or the Tata Consumer Platform.Cookiesa small file placed on your device by our website or the Tata Consumer Platform when you either visit or use certain features of our website or the Tata Consumer Platform. A cookie generally allows a website or mobile application to remember your actions or preference for a certain period of time.Data Protection Lawsany applicable law for the time being in force relating to the processing of Data.Partnersselect third parties (including Tata Group Entities) with whom we have contracts for the businesses described in this Privacy Notice.Service Providersincludes entities which provide services to Tata Digital and to whom we may disclose your Data for a specific purpose pursuant to a written contract.Tata DigitalTata Digital, a company incorporated in India whose registered office is at Army & Navy Building, 148 M. G. Road, Fort, Mumbai 400001, India.Tata Group EntityTata Sons Private Limited, and its subsidiaries, affiliates, associate companies and joint venture companies.User or youthe natural person who accesses our website or the Tata Consumer Platform.Tata Digital's status as controller or processor:Tata Digital's business involves:(a) hosting third party applications of Tata Group Entities and other participating entities ("Third Party Applications") on the Tata Consumer Platform for the purposes of offering you access to these Third Party Applications in which case our primary purpose for using your Data is to provide you with access to the Third Party Applications on behalf of the relevant Tata Group Entities and other participating entities (though we may under certain circumstances also use your Data for our own purposes in this context);(b) operating our website and the Tata Consumer Platform to provide you with "bundles" of products and/or services offered by one or more Tata Group Entities that we have grouped together or our own products or services, in which case we use your Data for our own purposes; and(c) operating loyalty programmes and benefits (either our own or on behalf of Tata Group Entities), in which case we either use your Data for our own purposes (where we are operating the loyalty programme and offering it to you directly) or on behalf of the relevant Tata Group Entities (where we are operating the loyalty program on behalf of Tata Group Entities).For the purposes of certain applicable Data Protection Laws, we will act as a "controller" when we use your Data for our own purposes and a "processor" when we use your Data for and under the instructions of a Tata Group Entity and other participating entities.This Privacy Notice primarily explains how we use your personal data when we act as a controller of your Data. Where we act as a "processor" on behalf of a Tata Group Entity or other participating entity (i.e. the “controller”), please refer to the privacy notice policy of the relevant Tata Group Entity or other participating entity for information about how they use your Data.2. WHAT DATA DO WE COLLECT ABOUT YOUTata Digital collects Data for various purposes set out in this Privacy Notice.This Data includes, without limitation, the following categories:(a) Contact information: first and last name, email address, postal address, country, phone number and other similar contact data.(b) Financial information: payment instrument information, transactions, transaction history, preferences, method, mode and manner of payment, spending pattern or trends, and other similar data.(c) Technical information: website, device and mobile app usage, Internet Protocol (IP) address and similar information collected via automated means, such as cookies, pixels and similar technologies.(d) Product and service information: Your website or Tata Consumer Platform account membership number, registration information, and program-specific information, when you request products and/or services directly from us or participate in marketing programs.(e) Your reviews, feedback and opinions about our products, programmes and services.(f) Loyalty programme information: your loyalty membership information, account details, profile or password details and any frequent flyer or travel partner programme affiliation.(g) Transaction information: date of the transaction, transaction amount, transaction history and related details;(h) Other information (which may include sensitive personal information or special category personal data): Age, sex, date of birth, marital status, nationality, details of government identification documents provided, occupation or any other personal information provided by you.3. HOW WE COLLECT DATAWe collect Data in the following ways:· Information You Give Us: We receive and store any information you enter on our website or the Tata Consumer Platform or give us in any other way. Please see the section below, titled “Data Shared by You” for more information.· Automatic Information We Collect: We use “cookies”, pixels and similar technologies to receive and store certain types of information whenever you interact with us. Please see the section below, titled “Data That is Collected Automatically” for more information.· E-mail Communications: We often receive a confirmation (if your device supports such capabilities) when you open e-mail from us or click on a link in the e-mail. You can choose not to receive marketing emails from us by clicking on the unsubscribe link in any marketing email.· Automatic Information We Collect from Other Websites: We receive and store certain types of information when you interact with third-party websites that use our technology or with whom we have a specific agreement.· Information from Other Sources: We may obtain information from other sources. An example of this is when you authorize a third-party website (such as the website of another Tata Group Entity) to interact directly with our website or the Tata Consumer Platform to provide or receive information about you. In that case, we may receive information to identify your account with that website. Another example is where we receive your Data from Tata Group Entities in connection with the Tata Consumer Platform for the purposes of enrolment, offering you products, services and benefits on the Tata Consumer Platform.· Information Previously Provided to Tata Group Entities: Where you have shared any information previously with any of the Tata Group Entities and such Tata Group Entity is permitted to further share such information, it will share such information with us. If such information is sensitive personal information or special category personal data, the Tata Group Entity will only share such information with us with your consent. Regardless of the terms on which you had originally provided the information to a Tata Group Entity, you acknowledge that: (a) we will collect such information from such Tata Group Entity for the purposes set out in this Privacy Notice; (b) the Tata Group Entity that provides such information to us is subject to its own compliance obligations under the Data Protection Laws, and (c) we are not responsible for any acts or omissions of such Tata Group Entity in relation to any such compliance obligations under the Data Protection Laws.You can make choices about our collection and use of your Data. For example, you may want to access, edit or remove your Data on our website or the Tata Consumer Platform. When you are asked to provide Data, you may decline. For more information, please see the section below, titled “Your Rights and Choices”.4. DATA SHARED BY YOUTata Digital may collect your Data in several ways from your use of our website or the Tata Consumer Platform. For instance:(a) when you register with us to receive our products and/or services;(b) when you conduct a transaction or attempt a transaction on our website or the Tata Consumer Platform;(c) when you complete surveys conducted by or for us;(d) when you elect to receive any communications (including promotional offers) from us;(e) from the information gathered by your visit to our website or the Tata Consumer Platform;5. DATA THAT IS COLLECTED AUTOMATICALLY(a) We automatically collect some information when you visit our website or use the Tata Consumer Platform. This information helps us to make improvements to our content and navigation. The information collected automatically includes your IP address.(b) Our web servers or affiliates who provide analytics and performance enhancement services collect IP addresses, operating system details, browsing details, device details and language settings. This information is aggregated to measure the number of visits, average time spent on the site, pages viewed and similar information. Tata Digital uses this information to measure the site usage, improve content and to ensure safety and security, as well enhance performance of our website or the Tata Consumer Platform.(c) We may collect your Data automatically via Cookies, pixels and similar technologies in line with settings on your browser. For more information about Cookies, please see the section below, titled “Cookies, Pixels and Similar Technologies”.6. OUR USE OF DATAData collected by us may be used by us for the following reasons:(a) carry out our obligations arising from any contract entered into between you and us;(b) provide products and/or services and communicate with you about products and/or services offered by us including processing any payment transactions;(c) enable Tata Group Entities and Partners to offer their products and/or services and communicate with you about such products and/or services;(d) process, disclose, transmit, and/or share the Data with Tata Group Entities, and other third parties which have business or contractual dealings with us;(e) provide you with offers (including for financial products and/or services), personalized services and recommendations and improve your experience on our website and the Tata Consumer Platform, including, where permitted under applicable law, by storing and/or using your payment information to enable future transactions on the Tata Consumer Platform to run more smoothly;(f) operate, evaluate and improve our business, website and the Tata Consumer Platform;(g) generate aggregated data to prepare insights to enable us to understand customer behaviour, patterns and trends with a view to learning more about your preferences or other characteristics;(h) provide marketing and promotional campaigns to you based on your profile;(i) in connection with loyalty programs owned and operated by us or by other Tata Group Entities;(j) communicate with you (including to respond to your requests, questions, feedback, claims or disputes) and to customize and improve our services;(k) enforce the terms of use of our website and the Tata Consumer Platform;(l) protect against and prevent fraud, illegal activity, harm, financial loss and other legal or information security risks; and(m) serve other purposes for which we provide specific notice at the time of collection, and as otherwise authorized or required by applicable law.Where required under relevant Data Protection Laws, we may need to ensure that there is a legal basis to justify our processing of your Data. There are a number of different ways that we are lawfully able to process your Data. We have set these out below.· Where processing your Data is necessary for us to carry out our obligations arising from any contracts entered into between you and us: If you enter into a contract with us in relation to any of our product or service offerings, including products or service offerings we offer to you directly on the Tata Consumer Platform, we may process certain Data about you in order to perform our obligations under this contract, including to enable us to communicate with you about such products and/or services and to process your payment transactions.· Where processing your personal information is within our legitimate interests: We can process certain Data where it is necessary for the purposes of the legitimate interests pursued by us or by a third party, except where such interests are overridden by the interests or fundamental rights or freedoms of yours which require protection of your Data. The ways in which we may process your Data for the purposes of our legitimate interests include:(a) enforcing the terms of use of our website and the Tata Consumer Platform;(b) generating aggregated data to prepare insights to enable us to understand customer behaviour, patterns and trends with a view to learning more about your preferences or other characteristics;(c) improving our website and the Tata Consumer Platform and ensuring that they run smoothly;(d) providing you with offers, personalized services and recommendations and improving your experience on our website and the Tata Consumer Platform;(e) protecting against, and preventing, fraud, illegal activity, harm, financial loss and other legal or information security risks;(f) providing marketing and promotional campaigns to you based on your profile;(g) where permitted under applicable law, storing and/or using your payment information, including payment instrument information, information about your transactions, transaction history, preferences, method, mode and manner of payment and other similar data (collectively, “Payments Data”) for future transactions on the Tata Consumer Platform and to inform a third-party merchant, whose site or application you visit, when you have an account on the Tata Consumer Platform that can be used for making payment to such merchant;(h) communicating with you (including responding to your requests, questions, feedback, claims or disputes) and customising and improving our services;(i) operating, evaluating and improving our business;(j) enabling Tata Group Entities and Partners to offer their products and/or services and to communicate with you about such products and/or services;(k) in connection with loyalty programs owned and operated by us or by other Tata Group Entities; and(l) processing, disclosing, transmitting, and/or sharing the Data with Tata Group Entities, and other third parties which have business or contractual dealings with us.· Where you give us your opt-in consent to process your personal information: In certain circumstances, where required under relevant Data Protection Laws, we will seek to obtain your consent before we undertake certain processing activities with your Data.Where required under relevant Data Protection Laws (e.g. under direct marketing legislation), we will obtain your opt-in consent prior to sharing your Data with third parties and carrying out certain marketing activities (unless we are permitted by relevant Data Protection Laws to contact you without your opt-in consent in relation to goods and services which are similar to those which you have already purchased, used or interacted with).You have the right to withdraw your consent to these activities. You can do so at any time, and details of how to do so can be found in the section below, titled "Your Rights and Choices".· Where processing your personal information is necessary for our compliance with a legal obligation: In certain circumstances, we may disclose your Data for the purposes of compliance with a legal obligation (for example, to comply with a law, regulation or compulsory legal request). We do not think that any of the above activities prejudice you in any way. However, you do have the right to object to us processing your personal information in certain circumstances. If you would like to know more about these circumstances and how to object to our processing activities, please see the section below, titled "Your Rights and Choices".Some of the above grounds for processing will overlap and there may be several grounds which justify our use of your Data.Further, where required under relevant Data Protection Laws, we will only process special category personal data’ (as defined under Data Protection Laws) if there is a valid legal basis, which might involve obtaining your explicit consent.Where we use or share or otherwise process your Data as a processor on behalf of a Tata Group Entity or other participating entity (i.e., the controller) for the purposes of offering you access to Third Party Applications on the Tata Consumer Platform or as part of any services that we provide to that entity, we do so under the instructions of that entity and that entity is responsible for ensuring that there is a legal basis for us to use or share your Data on its behalf (if such legal basis is required under relevant Data Protection Laws).7. MINORSOur website and the Tata Consumer Platform do not offer products or services for use by minors. If you are under 18, you may use our website or the Tata Consumer Platform only with the involvement of a parent or guardian.8. SHARING OF DATAWe may share your Data in the following ways (and for the purposes of relevant Data Protection Laws, we may do so either as a controller in our own right or as a processor on behalf of and under the instructions of another entity in accordance with our obligations under our agreement with that entity):(a) Partners: We may make available to you services, products, or applications provided by Partners for use on or through our website or the Tata Consumer Platform. If you choose to use such services, products or applications, Data related to these uses may be shared with such Partner.Such Partners use your Data for the purposes of providing their own products or services to you. Their use of your Data is subject to their own privacy policies. For further information on how these Partners process your Data, please refer to their privacy policies.(b) Tata Group Entities: We may share your Data with Tata Group Entities for them to make their products, services and /or applications available to you, to assist them in reaching out to you in relation to their programs or campaigns and to process your queries and requests. If such Data is sensitive personal information or special category personal data, we will only share such Data with Tata Group Entities with your consent. We may also share your Data with the Tata Group Entities as is relevant for the purposes set out in Clause 6 above, and to facilitate the operation of our business. Their use of your Data is subject to their own privacy policies. For further information on how these Tata Group Entities process your Data, please review their privacy policies.(c) Tata Consumer Platform: Your Data may be shared with Tata Group Entities and other participating entities on the Tata Consumer Platform for the purposes of offering you products and services on the Tata Consumer Platform and in connection with loyalty programs. Accordingly, we may share your Data with other Tata Group Entities, Partners and Service Providers.(d) Service Providers: We may share your Data with Service Providers who may, in the course of providing their respective services, receive and process Data. Examples include storing and analyzing Data, protecting and securing our systems, providing search results and links, providing customer service, credit analysis, processing your Data for profiling, user analysis and payment processing.These Service Providers will be required to only process Data in accordance with our instructions. The Service Providers will also be required to safeguard the security and confidentiality of the Data they process by implementing appropriate technical and organizational security measures.(e) When Tata Digital acts as a Service Provider: We may process and share your Data with Tata Group Entities and Partners when we act as a service provider to such Tata Group Entities and Partners. In this case, for the purposes of relevant Data Protection Laws, we act as a processor of the Data on behalf of, and under the instructions of, the relevant Tata Group Entity or Partner (i.e. the controller).(f) Protecting Tata Digital: We may release Data when we believe that disclosure is reasonably necessary (a) to comply with a law, regulation or compulsory legal request; (b) to protect Tata Digital or a Tata Group Entity's intellectual property rights; (c) to protect Tata Digital against harm or financial loss; (d) when we believe disclosure is necessary to protect individuals’ vital interests, or (e) in connection with an investigation of suspected or actual fraudulent or illegal activity. This may include exchanging information with other companies and organizations for fraud protection, risk management and dispute resolution.(g) Business Transfers: As we continue to develop our business, we might sell or buy subsidiaries or business units. Your Data (including in relation to loyalty programs) may be transferred as part of such transactions.(h) Third Parties: We may also share your Data with other third parties where:a) You request or authorize us to do so;b) We need to comply with applicable law or respond to valid legal process; orc) We need to operate and maintain the security of our website or the Tata Consumer Platform, including to prevent or stop an attack on our computer systems or networks.The sharing of your Data will be in line with the processes set out in this Privacy Notice.Please note that Tata Group Entities and Partners may have privacy practices that differ from those of Tata Digital. The use of your Data will be governed by their privacy statements when you provide Data on their websites.9. KEEPING DATA SECUREWe will use technical and organisational measures to safeguard your Data and we store your Data on secure servers. Technical and organisational measures include measures to deal with any suspected data breach. If you suspect any misuse or loss or unauthorised access to your Data, please let us know immediately by contacting us by e-mail.The security of your Tata Consumer Platform account depends on you keeping your account password(s), PINs and other access information confidential. If you share your Tata Consumer Platform account information with a third party, they will have access to your account and your Data.It is your responsibility to control access to your mobile device and the Tata Consumer Platform on your device, including keeping your password(s) and/or PIN confidential and not sharing it with anyone. It is also your responsibility to alert us if you believe that the security of your Data in the Tata Consumer Platform has been compromised.10. RETENTION OF DATATata Digital retains Data for as long as necessary for the use of our products and/or services or to provide access to and use of our website or the Tata Consumer Platform, or for other essential purposes such as complying with our legal obligations, resolving disputes, enforcing our agreements and as long as processing and retaining your Data is necessary for our legitimate interests. Because these needs can vary for different data types and purposes, actual retention periods can vary significantly.Even if we delete your Data, including on account of exercise of your right under Clause 12 below, it may persist on backup or archival media for audit, legal, tax or regulatory purposes.11. WHERE WE STORE DATAWe may transfer your Data to recipients in India, where we are headquartered, and other countries. These countries may not have the same data protection laws as the country in which you initially provided the information. If we transfer your Data to other countries, we will protect that information as described in this Privacy Notice, as disclosed to you at the time of data collection or as described in our program-specific privacy notice.If the GDPR/United Kingdom’s version of the GDPR applies to our processing of your Data, we will only process and/or transfer Data outside of the European Economic Area/United Kingdom where it is compliant with Data Protection Laws and the means of transfer provides adequate safeguards in relation to your Data, including for example:(a) by way of a data transfer agreement incorporating the current relevant standard contractual clauses adopted in the European Economic Area/United Kingdom; or(b) by transferring your Data to a country where there has been a finding of adequacy by the European Commission in respect of that country’s levels of data protection via its legislation; or(c) where it is necessary for the conclusion or performance of a contract between us and a third party and the transfer is in your interests for the purposes of that contract; or(d) where you have consented to the data transfer.12. YOUR RIGHTS AND CHOICESDepending on which country’s laws are applicable to you, you may have various rights in relation to the Data that we hold about you. To get in touch with us about any of your rights under Data Protection Laws, please use the contact details set in the section below, titled “How to Contact Us”. We will seek to deal with your request without undue delay, and in any event, within any time limits provided for in Data Protection Laws (subject to any extensions to which we are lawfully entitled). Please note that we may keep a record of your communications to help us resolve any issues which you raise. Where we are legally permitted to do so, we may refuse your request.You may be entitled to the following rights in relation to your Data:a) Right to Confirmation and Access - you may ask us to confirm what Data we hold about you at any time, and request us to modify, update or delete such Data. You may also request a copy of the Data we hold about you.b) Right to Rectification - you have the right to request that we rectify any inaccurate or incomplete Data that we hold about you, including by means of providing a supplementary statement.c) Right to be Erasure - you have the right to request that we "erase" your Data in certain circumstances.d) Right to Restrict Our Use of your Data - you have the right to request that we restrict our processing of your Data in certain circumstances, for example if you dispute the accuracy of the Data that we hold about you or you object to our processing of your Data (including where we process your Data for our legitimate interests, where permitted under applicable law).e) Right to Object – this right enables you to object to us processing your Data where we do so for certain reasons.f) Right to Data Portability - you have the right to request that we transfer your Data to another third party. This right of data portability only applies to certain types of Data.g) Right to Withdraw Consent – where we have obtained your consent to process your Data for certain activities, you may withdraw this consent at any time and we will cease to carry out that particular activity that you previously consented to unless we consider that there is an alternative legal basis to justify our continued processing of your Data for this purpose.h) Right to File Complaints – you have the right to lodge a complaint with the relevant supervisory authority in your jurisdiction.To get in touch with us about these rights, or for more information about managing your Data and promotional communications, please use the contact details set out in the section below, titled “How to Contact Us”.It is important that the Data we hold about you is accurate and current. Please keep us informed if your personal information changes during the period for which we hold it.13. PROCESSING YOUR DATAWe take steps to ensure that your Data is processed according to the provisions of this Privacy Notice and the requirements of applicable law.To ensure that your Data receives an adequate level of protection, we have put in place appropriate written contracts with Tata Group Entities, Partners and Service Providers that we share your Data with.14. SEVERABILITYIf any court or competent authority finds that any provision of this Privacy Notice (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this Privacy Notice will not be affected.15. LINKS TO OTHER WEBSITESOur website and the Tata Consumer Platform may, from time to time, provide links to websites and applications of Tata Group Entities and Partners whose privacy practices differ from those of Tata Digital. We have no control over such websites and applications and are not responsible for the content of those websites and applications. If you provide Data to any of those websites or applications, then the use your Data is governed by their privacy notices. This Privacy Notice applies to our website and the Tata Consumer Platform only.16. COOKIES, PIXELS AND SIMILAR TECHNOLOGIESOur website and the Tata Consumer Platform may place and access certain Cookies on your device. Cookies are unique identifiers that we transfer to your device to enable our systems to recognize your device. We also use pixels and similar technologies to analyse traffic on our website and the Tata Consumer Platform to improve your experience of using them.17. CHANGES TO THIS PRIVACY NOTICEOur business changes constantly and our Privacy Notice will change also. We may e-mail periodic reminders of our notices and conditions, unless you have instructed us not to, but you should check our website and the Tata Consumer Platform frequently to see recent changes. The updated version will be effective as soon as it is accessible. We encourage you to review this Privacy Notice frequently to be informed of how we are protecting your information.18. HOW TO CONTACT USTo request to review, update, or delete your personal information or to otherwise reach us, please submit a request by e-mailing us at privacy@tatadigital.com. You may contact us for information on Service Providers, Partners and Tata Group Entities with whom we may share your Data in compliance with this Privacy Notice and applicable law. We will respond to your request within 30 days.19. GRIEVANCE OFFICERPlease see below the details of our grievance officer:Name: Mr. Sridhar SamudralaEmail: grievances@tataneu.comAddress: 1st Floor, Army & Navy Building, 148, M G Road, Opposite Kala Ghoda, Fort, Mumbai, 400001, IndiaTERMS OF USE
1. AGREEMENT TO TERMSThese Terms of Use constitute a legally binding agreement made between you (“you” or “TCP Member”) and Tata Digital Limited (together with its subsidiaries, “we,” “us” or “our”), concerning your access to and use of the www.tatadigital.com (including sub-domains and microsites), as well as any other mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Platform”). You agree that by accessing the Platform, you have read, understood, and agree to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE PROHIBITED FROM USING THE PLATFORM AND YOU MUST DISCONTINUE USE IMMEDIATELY.Supplemental terms and conditions or documents that may be posted on the Platform from time to time are hereby expressly incorporated herein by reference. We reserve the right to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Platform after the date such revised Terms of Use are posted.The information provided on the Platform is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Platform from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.2. MINORSThe Platform is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to register for the Platform. We do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, if we receive actual knowledge that anyone under the age of 18 has provided personal information to us, we will delete that information from the Platform as quickly as is reasonably practical.3. SERVICESWe provide a broad range of services that are subject to these terms. Our services are designed to work together, making it easy for you to move from one activity to another. The permission we give you to use our services continues as long as you meet your responsibilities in:(a) These terms and conditions; and(b) Service-specific additional terms set forth in this Platform.4. INTELLECTUAL PROPERTY RIGHTSUnless otherwise indicated, the Platform is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Platform (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights of India, foreign jurisdictions and international conventions. The Content and the Marks are provided on the Platform “AS IS” for your information only. Except as expressly provided in these Terms of Use, no part of the Platform and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, framed, mirrored or used for the creation of any derivative works or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. You are not permitted to reverse-compile, disassemble, reverse-engineer or otherwise replicate any part of the Content or the Marks.You are granted a limited license to access and use the Platform and to download or print a copy of any portion of the Content (if so enabled by the Platform) to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Platform, Content and the Marks.5. USER REPRESENTATIONSBy using the Platform, you represent and warrant that:(i) all registration information you submit will be true, accurate, current, complete and not misleading;(ii) you will maintain the accuracy of such information and promptly update such registration information as necessary;(iii) you have the legal capacity and you agree to comply with these Terms of Use;(iv) you are not under the age of 18 or a minor in the jurisdiction in which you reside;(v) you will not access the Platform through automated or non-human means, whether through a bot, script or otherwise; and(vi) you will not use the Platform for any illegal or unauthorized purpose.In case of a breach of the representations in this Clause 5 or of any other part of these Terms of Use, we have the right to: (a) suspend or terminate your account; (b) refuse any and all current or future use of the Platform (or any portion thereof); and (c) terminate your access to any other programs or features that are offered as a part of your membership with the Platform and rescind any accrued benefits under such programs without payment of any compensation.6. USER REGISTRATION AND SECURITYYou may be required to register with the Platform by opening a TCP membership account (“Membership Account”) in order to avail a range of services, including the group rewards program operated by us (the “TCP Rewards Program”). You shall be assigned a unique membership number (“Membership Number”) which shall be linked to your Membership Account. You agree to keep your Membership Number and password confidential, and will be responsible for all use of your Membership Account and password. We reserve the right to remove, reclaim, or change a username you select if we determine in our discretion, that such username is inappropriate, obscene, or otherwise objectionable. No individual is permitted to create more than one Membership Account including through the use of multiple phone numbers, e-mail addresses or devices. Use of the TCP Rewards Program through the account created by you shall be subject to the additional terms and conditions set forth in the TCP Rewards Program Terms and Conditions below.Select accounts maintained with certain Tata Group Entities will merge into one Membership Account. Users will receive their Membership Number for such merged account when they log into their Membership Account.In the event that you have previously completed a registration form to enrol with the Platform through a Tata Group Entity (e.g., at outlets, stores, hotels, kiosks), you will be able to access your Membership Account by providing your mobile number, email address or such other identifier provided to such Tata Group Entity at the time of enrolment.You may cancel your Membership Account at any time by exercising your Right to be Forgotten as set out in the Privacy Notice (available here).For the purposes of these Terms of Use, “Tata Group Entities” shall include our parent company, Tata Sons Private Limited, and its subsidiaries, associate companies and joint venture companies with whom we have a contractual arrangement to enable their participation on the Platform.7. PROHIBITED ACTIVITIESYou may not access or use the Platform for any purpose other than that for which we make the Platform available. The Platform may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.As a user of the Platform, you agree not to:(i) systematically retrieve data or other content from the Platform to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;(ii) make any unauthorized use of the Platform, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences;(iii) use a buying agent or purchasing agent to make purchases on the Platform;(iv) use the Platform to advertise or offer to sell goods and services;(v) circumvent, disable, or otherwise interfere with security-related features of the Platform, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Platform and/or the Content contained therein;(vi) engage in unauthorized framing of or linking to the Platform;(vii) trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;(viii) make improper use of our support services or submit false reports of abuse or misconduct;(ix) engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;(x) interfere with, disrupt, or create an undue burden on the Platform or the networks or services connected to the Platform;(xi) attempt to impersonate another user or person or use the username or Membership Number of another user;(xii) sell or otherwise transfer your Membership Account;(xiii) use any information obtained from the Platform in order to harass, abuse, or harm another person;(xiv) use the Platform as part of any effort to compete with us or otherwise use the Platform and/or the Content for any revenue-generating endeavour or commercial enterprise;(xv) decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Platform;(xvi) attempt to bypass any measures of the Platform designed to prevent or restrict access to the Platform, or any portion of the Platform;(xvii) harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Platform to you;(xviii) delete the copyright or other proprietary rights notice from any Content;(xix) copy or adapt the Platform’s software;(xx) upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Platform or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Platform;(xxi) upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”);(xxii) except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Platform, or using or launching any unauthorized script or other software;(xxiii) disparage, tarnish, or otherwise harm, in our opinion, us, our reputation or goodwill and/or the Platform; or(xxiv) use the Platform in a manner inconsistent with any applicable laws or regulations and these Terms of Use.8. USER GENERATED CONTRIBUTIONSThe Platform may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Platform, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Platform and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:(i) the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret or moral rights of any third party;(ii) you are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Platform, and other users of the Platform to use your Contributions in any manner contemplated by the Platform and these Terms of Use;(iii) you have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Platform and these Terms of Use;(iv) your Contributions are not false, inaccurate, or misleading;(v) your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation;(vi) your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us);(vii) your Contributions do not encourage money laundering or gambling;(viii) your Contributions do not deceive or mislead any addressee about their origin and will not contain any information which is patently false or misleading in nature but may reasonably be perceived as a fact;(ix) through your Contributions, you will not impersonate any person;(x) your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone;(xi) your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another;(xii) your Contributions do not violate any applicable law, regulation, or rule;(xiii) your Contributions do not violate the privacy or publicity rights of any third party;(xiv) your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits, or is otherwise harmful to, people under the age of 18 in a sexual manner;(xv) your Contributions do not violate any law concerning child pornography, or otherwise intended to protect the health or well-being of minors;(xvi) your Contributions do not include any offensive comments that are connected to caste, race, national origin, gender, sexual preference or physical handicap; and(xvii) your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.Any use of the Platform in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Platform.9. CONTRIBUTION LICENSEBy posting your Contributions to any part of the Platform, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights, or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Platform. You are solely responsible for your Contributions to the Platform and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.We have the right, in our discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Platform; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation under these Terms of Use to monitor your Contributions.10. GUIDELINES FOR REVIEWSWe may provide you areas on the Platform to leave reviews or ratings. When posting a review, you must comply with the following criteria:(i) you should have first-hand experience with the person/entity being reviewed;(ii) your reviews should not contain profanity, or abusive, racist, offensive, or hate language;(iii) your reviews should not contain discriminatory references based on caste, religion, race, gender, national origin, age, marital status, sexual orientation, or disability;(iv) your reviews should not contain references to illegal activity;(v) you should neither be, nor be affiliated with, a competitor of Tata Digital Limited or of the company whose product or service is being reviewed, if posting negative reviews;(vi) you should not make any conclusions as to the legality of conduct;(vii) you may not post any false or misleading statements; and(viii) you may not organize a campaign encouraging others to post reviews, whether positive or negative.We may accept, reject, or remove reviews in our discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sub-licensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.11. MOBILE APPLICATION END-USER LICENSEUse LicenseIf you access the Platform via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms of Use. You shall not:(i) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application;(ii) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application;(iii) violate any applicable laws, rules, or regulations in connection with your access or use of the application;(iv) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application;(v) use the application for any revenue generating endeavour, commercial enterprise, or other purpose for which it is not designed or intended;(vi) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time;(vii) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application;(viii) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or(ix) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.Apple and Android DevicesThe following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Platform:(i) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service;(ii) we are responsible for providing any maintenance and support services with respect to the Platform as specified in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the Platform;(iii) in the event of any failure of the mobile application of the Platform to conform to any applicable warranty, you may notify the applicable App Distributor;(iv) you represent and warrant that (x) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (y) you are not listed on any U.S. government list of prohibited or restricted parties;(v) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and(vi) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms of Use against you as a third-party beneficiary thereof.12. SUBMISSIONSYou acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Platform (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.13. THIRD-PARTY WEBSITES AND CONTENTThe Platform may contain (or you may be sent via the Platform) links to other websites or applications (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, software, and other content or items belonging to or originating from third parties (“Third-Party Content”).(a) Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Platform or any Third-Party Content posted on, available through, or installed from the Platform, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.(b) Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us.(c) If you decide to leave the Platform and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware that these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Platform or relating to any applications you use or install from the Platform.(d) Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.14. PLATFORM MANAGEMENTWe reserve the right, but not the obligation, to:(i) monitor the Platform for violations of these Terms of Use;(ii) take appropriate legal action against anyone who, in our discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities;(iii) refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;(iv) in our discretion and without limitation, notice, or liability, to remove from the Platform or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and(v) otherwise manage the Platform in a manner designed to protect our rights and property and to facilitate the proper functioning of the Platform.15. PRIVACY POLICY AND DATAWe care about data privacy and security. Please review our Privacy Notice (available here). By using the Platform, you agree to be bound by our Privacy Notice and the service-specific terms of use, which are incorporated into these Terms of Use.Please be advised that the Platform is hosted in India. If you access the Platform from the European Union, United States, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in India, then through your continued use of the Platform or Services, you are transferring your data to India, and you expressly consent to have your data transferred to and processed in India.16. COPYRIGHT INFRINGEMENTSWe respect the intellectual property rights of others. If you believe that any material available on or through the Platform infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). If you are not sure that material located on or linked to by the Platform infringes your copyright, you should consider first contacting an attorney.17. TERM AND TERMINATIONThese Terms of Use shall remain in full force and effect while you use the Platform or as long as our content is protected by applicable intellectual property rights law, whichever is later. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE PLATFORM (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE PLATFORM OR SUSPEND YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME WITHOUT NOTICE.If we suspend your Membership Account for any reason, you are prohibited from registering and creating a new Membership Account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to suspending your Membership Account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. All benefits and privileges accrued to your Membership Account, including as set out in the TCP Rewards Program Terms and Conditions, shall lapse immediately upon such suspension.18. MODIFICATIONS AND INTERRUPTIONSWe reserve the right to change, modify, or remove the contents of the Platform at any time or for any reason at our discretion without notice. However, we have no obligation to update any information on our Platform. We also reserve the right to modify or discontinue all or part of the Platform without notice. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Platform.We cannot guarantee the Platform will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Platform, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Platform for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Platform during any downtime or discontinuance of the Platform. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Platform or to supply any corrections, updates, or releases in connection therewith.19. GOVERNING LAWThese Terms of Use and your use of the Platform are governed by and will be construed in accordance with the laws of India, without regard to its conflict of law principles.20. DISPUTE RESOLUTION – ARBITRATIONTo expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use or in respect of the Platform, its contents or any dealings in respect of the Platform (each a "Dispute") brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least ninety (90) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration in accordance with the Arbitration and Conciliation Act, 1996, as amended, and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. Each Party shall nominate and appoint a competent arbitrator. The two nominee arbitrators shall jointly appoint the third arbitrator who shall be the chairman of the arbitration panel.Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.Exceptions to Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration:(a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party;(b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and(c) any claim for injunctive relief.Subject to this clause 20, Disputes arising from or relating to this Platform shall be subject to the exclusive jurisdiction of courts at Mumbai, India.21. CORRECTIONSThere may be information on the Platform that contains typographical and other errors, inaccuracies, or omissions that may relate to the Platform, including descriptions, pricing, availability and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Platform at any time, without prior notice.22. DISCLAIMERTHE PLATFORM IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE PLATFORM SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PLATFORM AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE PLATFORM’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS PLATFORM AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED HEREIN, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.23. LIMITATION OF LIABILITYIN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE PLATFORM, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.24. INDEMNIFICATIONYou agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:(i) your Contributions;(ii) your use of the Platform;(iii) breach of these Terms of Use;(iv) any breach of your representations and warranties set forth in these Terms of Use;(v) your violation of the rights of a third party, including but not limited to intellectual property rights; or(vi) any overt harmful act toward any other user of the Platform or any of our employees, representatives or agents, in each case, with whom you connected via the Platform. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.25. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURESVisiting the Platform, sending us emails, and completing online forms constitute electronic communications. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Platform, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE PLATFORM, SUBJECT TO APPLICABLE LAW.26. MISCELLANEOUSThese Terms of Use and any policies or operating rules posted by us on the Platform constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law.We may assign any or all of our rights and obligations to others at any time.We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by or resulting from any cause beyond our reasonable control.If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Platform.You agree that these Terms of Use will not be construed against us by virtue of having drafted them.Subject to applicable law, you hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.27. CONTACT USIn order to resolve a complaint regarding the Platform or to receive further information regarding use of the Platform, please contact us at contact@tatadigital.comTCP REWARDS PROGRAM TERMS AND CONDITIONSTata Digital Limited (“we” or “us” or “Tata Digital”) is operating a rewards program (the “TCP Rewards Program”) through which members (the “TCP Members” or “you”) may earn points (the “TCP Points”) on the basis of: (i) transactions with certain Tata Group Entities (the “Participating Ventures”); and (ii) promotional and marketing campaigns conducted by Tata Digital.By opening a TCP membership account (“Membership Account”) in accordance with the Terms of Use, or by using your Membership Account number (“Membership Number”), you are entitled to receive benefits of the TCP Rewards Program.Tata Rewards FAQsFAQs on the TCP Rewards Program can be found here.