JVMPAY Wallet Terms and Conditions

1. Definitions:

a. “Charge(s)” or “Service Charge” shall mean the charges which JVMPAY may levy upon the JVMPAY Customer for the availing of certain JVMPAY Money services.
b. “Deals and offers” here refers to all the promotional activities, including but not limited to discounts and gifts, that will be made available to customer of JVMPAY Wallet.
c. “KYC” shall mean know your customer and refers to the various norms, rules, laws and statutes issued by the RBI from time to time under which JVMPAY is required and may be required to procure personal identification details and proof of documents from the customer as may be required at the time of enrolling for JVMPAY Services and / or on a later date, for availing and / or continuation of the JVMPAY Services.
d. “Law” shall include all applicable statutes, enactments, acts of legislature, laws, ordinances, rules, bye-laws, regulations, guidelines, directions, direct and orders of any government, tribunal, board, court or recognized stock exchange and applicable international treaties and regulations, in force at the relevant time, and having the force of law;
e. “JVMPAY Customer” or “JVMPAY Wallet user” shall mean a customer who avails of the JVMPAY Wallet services, has registered for the same with JVMPAY and has agreed to the terms of service requisite to make him a JVMPAY Subscriber.
f. “JVMPAY App” shall mean the Android, iOS or web application of the JVMPAY Wallet product.
g. “JVMPAY Retailer” shall mean any and all retailers/merchants signed up by JVMPAY to offer JVMPAY Wallet services at the Retail Point.
h. “JVMPAY” shall mean jaharvir infinet private limited
i. “RBI” shall mean the Reserve Bank of India
j. “Retail Point” shall mean the shop premises of the JVMPAY Retailer.
k. “Stored Credentials” shall mean storing the details of the card/Bank Account on the Secured Payment Gateway platform (PCIDSS Compliant) for future use for making payment to the Offline and Online merchants for goods and services without using the wallet
2. Undertakings:You undertake that
a. You shall register your own mobile number (the “Registered Mobile Number”) with JVMPAY to avail of the Wallet services and that you shall in intimate JVMPAY or any JVMPAY Retailer in case of change to the Registered Mobile Number or in case of change of the ownership of the Registered Mobile Number. t
b. You undertake that you will not carry out any transactions with the JVMPAY Brand that are deemed to be or may be found to be in violation of the Law
c. You will ensure that your personal information as submitted to JVMPAY at the time of the creation of the Wallet shall be accurate and updated at all points of time. You shall also support required supporting documentation to support the updating of information.
d. You shall not assign or transfer the Wallet or the services or otherwise grant any third party a legal or equitable interest over it.
e. You shall not hold multiple Wallet in violation of the applicable laws and regulations.
3. You understand and agree that: Security
a. You will maintain the confidentiality of your Wallet Login credentials and will be fully responsible for the disclosure of such credentials and the transactions as a result thereof. You agree to (i) immediately notify JVMPAY of any unauthorized use of your password or the Wallet or any other breach security and (ii) ensure that you exit from the JVMPAY App at the end of each session.
b. Information in relation to all transactions made will be sent vide SMS to the Registered Mobile Number. JVMPAY is not liable for any direct or indirect losses that may be caused to you by the sending of such messages to the Registered Mobile Number.
c. In case of payment through Stored Credentials offering you will ensure that you will input your CVV number and the OTP/Pin on the JVMPAY App and n disclose the details to the JVMPAY Retailer accepting the payment
Intellectual Property
a. The user interfaces, graphics, logos, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of the Wallet is protected by copyright, designs, patent, and trademark laws, international conventions and other applicable intellectual property and proprietary rights of either JVMPAY and/or its related Parties.
b. You agree that you shall have no claims/rights of whatsoever nature in the intellectual property rights arising out of or in connection with the Wallet an services thereto. You undertake that you shall not attempt to modify, alter, obscure,
Charges
a. JVMPAY undertakes to intimate you of any changes to the charge structure or charges levied on JVMPAY Subscribers.
b. JVMPAY reserves the right to levy charges on any of the services offered under the JVMPAY Suite of Services. However, such levying of charges will be adequately intimated to you by way of SMS/phone call or by way of notice on JVMPAY App and at your Retailer Point. For a complete list of charges leviable, please refer to the JVMPAY website http://jvmpay.com)
Miscellaneous
a. You may receive messages that educate you and provide information to you on the JVMPAY services and related terms and conditions.
b. You confirm that you allow JVMPAY to make available to you, relevant Deals and Offers and you agree to receive SMS on your registered mobile number and in-App messages informing you of such Deals and Offers.
c. You shall be solely responsible for any transaction that is conducted from your Wallet. JVMPAY will not be held liable for any transactions fraudulently/negligently conducted by you using your information and you cannot demand a refund on the occurrence of any such incident.
d. JVMPAY cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with the above Clauses or from any unauthorized access to or use of your Wallet.
4. Representations
a. For the purpose of using Wallet, you confirm that you:
i. Are 18 (Eighteen)) years of age or older.
ii. Are an Indian citizen or a legal resident of India
iii. Have ensure that the information disclosed to JVMPAY is true and to the best of your knowledge.
iv. Will ensure that no action or transaction conducted by you is in violation of any law.
v. Are not ‘incompetent to contract’ within the meaning of the Indian Contract Act, 1972; and
vi. Are entering into and performing this Agreement, as per applicable law.
b. You further represent and confirm that you are not a person debarred from using the Wallet, the JVMPAY website and/or receiving the Wallet under the laws of India or other applicable laws.
c. You confirm that the Wallet Account will only be used in India.
d. You confirm that your Wallet will maintain the minimum required balance as may be mandated by JVMPAY from time to time.
5. Rights, Obligations and Conditions by JVMPAY
a. JVMPAY reserves the right to retain all information that it may be privy to with respect to transactions conducted. However, JVMPAY undertakes that i shall ensure the safety of the information at all times and that if such information is shared with any entity, it will be so shared under strict confidential regimes. JVMPAY also undertakes that at no point will it share or use any sensitive personal data as defined under the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules 2011.
b. JVMPAY reserves the right to discontinue this service or disallow you from accessing this service without assigning any reasons or without any prior intimation whatsoever.
c. JVMPAY reserves the right to refuse service to any customer and/or JVMPAY Customer of its choice.
d. RBL shall be responsible for to the Wallet Customers for all acts of omissions and commissions as regards the Wallet account carried out in pursuance t these terms and conditions
6. Information Security and Systems
a. Information collected
i. Wallet is committed to protecting your personal information and strives to maintain the privacy of all personal information that JVMPAY will have access .
ii. Personal information refers to any information from which your identity is apparent or can be reasonably ascertained. For the purpose of this policy, sensitive personal data or information has been considered as a part of Personal Information.
iii. We may also collect information related to your location, frequency of transactions etc. in the interest of bettering your experience with Wallet. This shall be considered as Additional Information

Together the Personal Information and Additional Information being collected shall be referred to as the Information
b. Utilization of the Information
The Information collected will be used for the following purposes:
i. Verify your identity (in line with the standards as expected by the UIDAI)
ii. Complete your on boarding procedure for Wallet
iii. Respond to requests for service or assistance
iv. Perform market analysis, market research, business and operational analysis.
v. Internal assessments, operations and related activities
vi. Ensure adherence to legal and regulatory requirements for prevention and detection of frauds and crimes
c. Accessing and updating your information
i. You can access your relevant personal information on record by accessing the Your Profile/Your Account section.
ii. If the information so linked to your profile/account is incorrect, you are required to update the information at the earliest. This can be done by editing Y profile information or communicating the same to JVMPAY.
d. Disclosure of Information
i. Internal Use: JVMPAY and its employees may utilize the Information for the purposes as set out in the â Utilization of the Information section.
ii. Authorized Third Parties: JVMPAY may at its discretion employ, contract or include Third Parties external to itself for strategic, tactical and operational purposes. Such sharing of Information is governed by contractual agreements that are in compliance with our Privacy Policy and any other appropriate confidentiality and security measures. The agreements ensure that the Information can be utilized by the Third Party only in a manner and for purpose that are specifically contemplated by us in the governing agreement.
iii. Government agencies: JVMPAY may share any and all parts of the Information with Government agencies, administrative bodies, authorized law enforcement agencies, court, regulatory/governmental authority or any other organization, individual or entity for the following reasons Verification of identity iv. JVMPAY may share some or all of the information you provide with the Payment System Providers, Card Associations,
Prevention, detection, investigation including but not limited to cyber incidents, prosecution and punishment of oneness Issuing
To comply with any applicable law, order, regulation, or government request Institutions, other financial institutions and governmental
To enforce applicable Terms of Service, including investigation of potential violation authorities.
v. To detect, prevent, or otherwise address fraud, security or technical issues JVMPAY may request for additional documentation/information

For any other purpose as required by law, judicial or administrative order or regulation
of the information provided or to satisfy legal, regulatory or policy requirements.
e. Security Practices and Procedures

any time in order to verify your identity, the accuracy

i. JVMPAY adopts reasonable security practices and procedures, in line with international standard IS/ISO/IEC 27001, to include, technical, operational, managerial and physical security controls in order to protect the Information from unauthorized access, or disclosure while it is under control.
ii. Internal access to the Information is on a need- only basis. Further, employees and personnel of JVMPAY are bound by Code of Conduct and Confidentiality Policies which obligate them to protect the confidentiality of the Information.
iii. Adequate steps are taken to ensure that third parties to whom the Information is shared adopt reasonable level of security practices and procedures to ensure security of the Information
iv. The Information will be retained for as long as is required to provide the services to you or as may be required for internal operations or as may be required by law.
7. Right to terminate
a. JVMPAY reserve the right to suspend and/ or discontinue the Wallet services at any time, without giving prior intimation to you, for any one of the following reasons, including but not limited to:
i. For any suspected violation of any rules, regulations, orders, directions, notifications issued by RBI from time to time or for any violation of these Terms and Conditions or the policies of JVMPAY.
ii. For any discrepancy or suspected discrepancy in the particular(s) or documentation or personal information provided by you.
iii. To combat potential fraud, sabotage, willful discretion, threat to national security or for any other force majeure etc.
iv. In order to comply with applicable laws and regulations.
v. For any technical failure, modification, upgradation, variation, relocation, repair, and/or maintenance due to any emergency or for any other technical reasons.
vi. On account of your ineligibility under any criteria as mandated by JVMPAY.
b. However, prior to such suspension/discontinuance of the Wallet services, you shall, at the sole discretion of JVMPAY, be provided with the ability to transfer/utilize the balances lying in the Wallet Account
c. In the event of occurrence of transactions that may be considered as dubious or undesirable, JVMPAY reserve the right to freeze the operation in such Wallet accounts and/or close the Wallet accounts including reporting to authorities as may be required as per applicable regulations and as may be deemed fit and proper.

8. Severability If any part of these Terms and Conditions are adjudged illegal or inoperable for any reason, the same shall be severed from the remainder this document and only that portion of this document that is specifically adjudged illegal or inoperable shall cease to govern the relationship between JVMPAY and you.
9. Indemnity You shall be liable to JVMPAY for any losses, expenses or damages and agree to indemnify, defend and hold harmless Wallet and R and/ or the JVMPAY Retailer harmless from any and all claims, losses, damages, liabilities, costs and expenses, including and without limitation legal f and expenses arising out of or related to its use or misuse of the Wallet services, violation of these terms and conditions or any breach of the representations, warranties and covenants made by you. You shall indemnify JVMPAY against any fraud or any loss or damage suffered by JVMPAY and/or RBL due to the failure on your part to communicate accurate Personal information.
10. Limitation Of Liability Under no circumstances will JVMPAY be liable to you for any loss or injury or any direct, indirect, special or other consequential damages arising out of or in connection with your access or use of, or inability to access or use the application, service and any information available thereon and notwithstanding any failure of essential purpose of any limited remedy. Without limiting the generality of the foregoing, JVMPAY as total aggregate liability arising from or related to your use of the application, service, whether in contract or tort, shall not exceed Rs.1000/- (Rupees One Thousand only) or the value of the transaction -whichever is lesser.
11. Term This Agreement shall commence from the creation of the Wallet account for you and shall be deemed to be renewed on an annual basis upon eve transaction.
12. Dispute Redressal In case of any dispute arising out of or in connection with the Wallet account, you may notify JVMPAY of the same, pursuant to why JVMPAY will take the requisite steps to convene mediation proceedings or will take steps in accordance with the grievance redressal policy as applicable
13. Governing law and jurisdiction It is mutually agreed between the Parties hereto that this Agreement shall be construed according to the laws of the Republic of India, and any dispute or claim arising under this Agreement shall be subject to the exclusive jurisdiction of the Courts at Noida.