Terms and Conditions

Definitions

For The Purpose Of These Terms, The Following Words and Phrases Shall Have The Meaning Assigned To Them Under This Article.

NSDL Database Management Limited (NDML),a company incorporated under the Indian Companies Act 1956 having its registered office at 4th Floor, Tower 3, One International Center, Senapati Bapat Marg, Prabhadevi, Mumbai - 400 013, and includes its successors and assigns. NDML owns and manages the website www.surepay.ndml.in and associated services.

NDML Service (or 'the Service')refers to the Payment / Collections / Remittances / Mandates Service and other services that may be offered from time to time by NDML directly or in association with its associates / partners.

“Applicable Law” shall mean any statute, law, regulation, ordinance, rule, judgment, notification, order, decree, bye-law, government approval, directive, guideline, requirement or other governmental restriction, or any similar form of decision of, or determination by, or any interpretation thereof, policy or administration, having the force of law of any of the foregoing, by any governmental authority, including the RBI, having jurisdiction over the matter in question, whether in effect as of date or thereafter.

Merchant refers to the person or entity with whom NDML has an agreement for participation in the payment system and availing NDML Service for collection / remittance of funds for its clients / associates / users etc and who presents to the Member some or all the details of the bill through the Service and also accepts payments made by the Member through NDML.

Customer refers to users availing NDML services as a client / associate / user of any Biller / Merchant and having any relationship / contract / interaction with such Biller / Merchant and under such arrangement who are required to make payments / collect funds by using NDML services.

Eligibility

The Website And Services Are Intended Solely For Persons Who Can Form Legally Binding Contracts Under Indian Law And Who Are 18 Years Of Age Or Older. Any Access To Or Use Of The Website Or Services By Anyone Under 18 Is Expressly Prohibited. By Using The Website Or Services User Represents And Warrants That He Is 18 Or Older And Is Competent To Contract. The User Represents And Warrants That He Has Full Power And Authority For Using The Services And Is In Strict Compliance Of All Laws.

Registration: In order to avail the services, the user / his information may need to be registered With NDML and related Service Providers. User Shall Provide NDML With all such information / documents As May Be Required by NDML and the Service Provider. NDML shall have a right to accept / reject user registration request or service request as per its internal guidelines or payment system norms or risk assessment. Further, NDML may review the continued registration and transactions of the users and decide to restrict / suspend access, as per applicable internal guidelines or payment system norms or risk assessment or information security needs.

When User Registers With NDML, A User Account may Be Created which is Associated With User’s User Name, Password And Other Identifying Information. User Shall Be Responsible For all activities / access That Happens through His User Account.

It is NDML' policy to respect the privacy of its members. NDML will not monitor, edit, or disclose any personal information about you or your use of the Service, including its contents, without your prior permission unless NDML has a good faith belief that such action is necessary to: (1) confirm to legal / regulatory requirements or comply with legal process; (2) protect and defend the rights or property of NDML; (3) enforce the TOS; or (4) act to protect the interests of its members or others. NDML does provide certain member information in aggregate form to third parties, including its advertisers, for demographics.

Use of Services:

All Services available to the Customer shall be provided on the Website/ Mobile App or the Bank’s Customer Care Centre. These Services shall be provided to the Customer on a best effort basis, subject to verification of all documentation submitted by the Customer and specific terms and conditions for the Service availed.

The Customer / Merchant agrees to adhere to and comply with all such Terms as the NDML may prescribe in relation to its services, from time to time, and hereby agrees and confirms that all transactions / Services effected by or through facilities for conducting remote transactions including the Website, Customer Care Centre, World Wide Web, electronic data interchange, teleservice operations (whether voice, video, data or combination thereof) or by means of electronic, computer, automated machines network or through other means of telecommunication, established by or on behalf of NDML, for and in respect of the Customer / Merchant, shall constitute legally binding and valid transactions when done in adherence to and in compliance with the NDML’s Terms for such facilities, as may be prescribed from time to time. The Customer / Merchant may be required to register for SMS and e-mail alerts, for electronic transactions. In the event of any unauthorised transaction, the Customer's entitlement to liability for the loss occurring on account of any such unauthorised transaction will be as prescribed under the Applicable Law.

To Enable The User To Use The Services, system access with secure credentials will be provided. The User Irrevocably And Unconditionally Accepts The Sole Responsibility For Use, Confidentiality And Protection Of Said Login Credentials, Including Passwords, As Well As For All Orders And Information Changes Entered Into The Mobile/ E Mail Account Using Such Login Credentials.

NDML Has No Obligation To Verify The Authenticity Of The Transaction Other Than By Means Of Verification Of The User’s Basic KYC Information. The User Shall At All Times Take All Appropriate Steps, Including Those As Mentioned Herein, To Maintain The Security And Confidentiality Of The Information. NDML Shall Not Be Liable For Any Mistake Or Misuse Of The Services By Either The User Or By Any Person Authorized By The User, Or By Any Person Gaining Access To The Services Through The User. User Agrees That NDML Accepts All Instructions Originating From His Account In Good Faith And In A Manner Consistent With Commercially Reasonable Security Standards. User Shall Indemnify And Hold NDML Harmless For Direct Or Indirect Losses Sustained As A Result Of The Disclosure Of Sensitive Information By Or Through User.

NDML shall be using the services of service providers, card networks, acquiring banks, payment processors for processing the transactions. Transaction details will be shared with such parties and on receipt of clear status of the transaction, NDML shall confirm the same to the Merchant / Customer as per its processing standards and communication protocols.

Customer is responsible at all times to ensure the security and safety of its payment credentials such as card details, CVV, OTP, User ID, Passwords and channels of accessing such information i.e. email accounts and mobile. NDML shall rely completely on information submitted electronically and payment status received from the banking system for determining the transaction status.

Confirmation Of The Transaction Performed Using Valid Login Credentials Shall Be Conclusive Evidence Of A Transaction Being Effected. User Is Responsible To Furnish NDML With Correct And Current Payee Information. In The Event A User Chooses To Complain About A Transaction, The Same Should Be Communicated To NDML Within 10 (Ten) Days Of The Transaction.

Your Payment Instruction(s) will be effected only after proper authentication in accordance with the prescribed procedure of the NDML Payment Aggregation Services Service. These Payment Instruction(s) are submitted by NDML Payment Aggregation Services to the respective issuers for verification and approval.

User Obligations

Each User Shall Be Responsible To (I) Furnish Correct And Accurate Information Of The Payer/ Payee / Payment details As May Be Required, On An Independent Basis; (Ii) Furnish To NDML Forthwith On Demand, The Original Copy/Copies Of Proof Of Delivery Of Products, Invoices Or Other Records Pertaining To Any Transaction; (Iii) Ensure That All Licenses And Registrations Required By Him Are In Full Force And Effect To Enable Them To Carry On The Business Of Sale/ Purchase Of Products.

User Shall Not (I) Carry Out Any Activity, Which Is Banned, Illegal Or Immoral, (Ii) Use The Services In Any Manner Or In Furtherance Of Any Activity, Which Constitutes A Violation Of Any Law Or Regulation Or Which May Cause NDML To Be Subject To Investigation, Prosecution Or Legal Action.

User Undertakes And Assures To NDML That Payments Shall Not Be Made/ Received In Respect Of Any Products Mentioned In The Banned Items List Set Out In the Agreement. NDML Has The Right To Investigate And Prosecute Violations Of Any Of The Above To The Fullest Extent Of The Law.

Fees

In Consideration Of The Services Rendered By NDML To The User, The User Shall Pay To NDML A Fee That Is applicable for the concerned transaction and is informed to the user while performing the transaction.

NDML Shall Deduct Its Transaction Fees Plus Tax Per Successful Transaction, And Make Payment Of The Balance Of The Transaction Amount To Merchant’s Designated Bank Account. All Taxes, Duties Or Charges Shall Be Borne And Paid By User, Unless Otherwise Agreed Between The Parties. NDML Reserves The Right To Alter / Modify / Change The Discount / Commission Rate At Its Discretion. NDML Also Reserves The Right To Forthwith Revise The Transaction Fee Payable In The Event Of Any Revision In The Rates Charges By The Acquiring Banks Or Card Associations Or Guidelines Issued By The RBI From Time To Time.

It Is Hereby Agreed And Acknowledged By The Parties That The Transaction Fees Charged By NDML In Respect Of A Transaction That Has Been Confirmed Shall Not Be Returned Or Repaid By NDML To The User Or Any Other Person Irrespective Of The Transaction Being Rejected, Charged Back, Refunded Or Disputed.

Specific Terms

NDML Will Not Be Responsible For Any Disputes Between The Users And The Payers/ Payees, Including Issues Regarding Prices, Delivery, Non-Delivery Or Delay In Delivery Of The Products, Quality Of Products Or Otherwise. All Such Disputes Will Be Dealt With By And Between The User And The Payer/ Payee Directly, And NDML Shall Not Be A Party To Such Disputes.

NDML Cannot And Does Not Guarantee The Timings Of Any Payments Made Or Received As Such Timing Is Dependent Upon User’s Bank, Card Issuing Bank/ Card Processor (Where A Credit/ Debit Card Is Used), Acquiring Financial Institution And Other Service Providers. NDML Assumes No Liability And Shall Not Be Held Responsible For Any Delays In Delivery Of Payment Or Availability Of Funds When Using The Services.

Security

Subject To The Provisions Stated Herein And As Specified By NDML From Time To Time, The User Will Not Hold NDML Liable In Case Of Any Improper/ Fraudulent/Unauthorized/ Duplicate/Erroneous Use Of His Mobile And/Or The Web Based Access. NDML Will Also Not Be Liable For Any Consequences Connected With The Use/ Misuse Of User’s Mobile/ E Mail Account By Any Third Party. If Any Third Parties Gain Access To The Services, The User Will Be Responsible And Shall Indemnify NDML Against Any Liability, Costs Or Damages Arising Out Of Such Misuse / Use By Third Parties Based Upon Or Relating To Such Access And Use, Or Otherwise.

The User Shall Be Fully Liable For: (A) Any Unauthorised Use Of His Mobile/ Email Account; And/Or (B) All Authorised Transactions On His Mobile/Email Account.

Refunds/ Chargebacks

A Chargeback Shall Mean A Transaction That Is Uncollectible And Returned To Service Provider/ NDML By User/ Payee Or Acquiring Bank For A Refund To The Concerned Payer / User Due To Any Of the Following Reasons:

(A)Any Payment Which The User/ Payer Refuses To Honour Or Demands A Refund Of Because The Products Purchased Or The Delivery Thereof, Was Not As Promised Or Was Defective, Deficient, Incomplete And /Or Unsatisfactory For Any Reason Whatsoever, Or That Payment For The Same Has Already Been Made.

(B)Any Payments By A User/ Payer Using The Services, Which Is Returned By The Acquiring Bank For Any Reason Whatsoever.

(C)Any Charge/Debit Arising Out Of Any Alleged Hacking Breach Of Security Or Encryption That May Be Utilized By Service Provider/ NDML/ Payee From Time To Time.

(D)Any Transaction That Is Unsuccessful.

Termination

If Either NDML Or Service Provider Suspects, On Reasonable Grounds, That A User Has Committed A Breach Of These Terms Or Any Other Agreement With NDML Or Any Act Of Dishonesty Or Fraud Against NDML/ Any Service Provider, NDML Shall Be Entitled To (A) Suspend All Payment Under These Terms; (B) Deactivate/ Suspend Your User Account And Disable Your Password; And (C) Terminate User’s Access To The Website Or The Services With Or Without Giving Any Notice Of Such Termination To The User; Pending Enquiries By NDML. User May Cancel His User Account At Any Time By Sending An Email to NDML. Please Note That Once Your Account Is Cancelled, NDML Does Not Have Any Obligation To Return Any Data Or Information That May Reside On Its Servers Or Other Equipment.

General Terms

Unless Otherwise Set Out, All Payments May Only Be Made In Indian Rupees.

NDML May, If Required By Law, Change Any Fee Or Charge Or Institute New Fees Or Charges. The User Agrees To Pay All Fees And Charges So Levied.

NDML Reserves The Right To Vary Any Of The Terms Contained Herein By Posting The Revised Terms On NDML’s Website / Mobile Application Without Notice To The User.

The User Hereby Accepts That He May, From Time To Time, Receive From NDML Or Its Associates, Communications Such As Service Announcements, Advertisements Or Administrative Communications.

All Information Provided By The User To NDML Shall Be Accurate, Current And Complete. User Shall Be Solely Responsible For The Accuracy And Correctness Of All Information Provided By Him.

NDML Shall Not Be Liable For Any Direct, Indirect, Punitive, Incidental, Exemplary, Special Or Consequential Damages Or Any Loss Of Profit, Business, Revenue, Goodwill Or Anticipated Savings Or Any Damages Whatsoever Arising Out Of Or In Any Way Connected With The Use Of The Website By User Or Otherwise.

NDML Or Service Provider Shall In No Event Be Liable To A User Or Any Third Party For Any Loss Or Damage Whatsoever Or Howsoever Caused Arising Directly Or Indirectly In Connection With The Website And Services, Including Without Limitation Any:

A.Loss Of Data;

B.Interruption Or Stoppage To The User’s Access To And/Or Use Of The Website And Services;

C.Any Consequential Loss Or Damage Or Loss Of Profit, Business, Revenue, Goodwill Or Anticipated Savings, Arising Out Of The Performance Of The Services Or Otherwise.

NDML Makes No Representation Or Warranty, Whether Express Or Implied, Written Or Oral, About The Quality, Suitability, Reliability, Availability, Merchantability, Fitness For A Purpose, Delivery, Lack Of Viruses Or Other Harmful Components Or Accuracy Of Information Relating To The Products Sought To Be Purchased By The User. Each User Acknowledges That NDML Or A Service Provider’s Services May Not Be Uninterrupted Or Error Free. A User Also Acknowledges That The Services Provided By Any Service Provider To NDML, Which Is Passed On To The User Under These Terms, Can Be Brought To An Abrupt End In Any Event Whatsoever By Any Of The Service Providers For Any Reason Whatsoever.

NDML’s Sole Obligation And User’s Sole And Exclusive Remedy In The Event Of Interruption To The Payment Services Or Loss Of Use And/Or Access To The Payment Services, Shall Be To Use All Reasonable Endeavors To Restore The Payment Services As Soon As Reasonably Possible.

In No Event Shall NDML Or A Service Provider Be Liable To A User Or Any Other Third Party For Any Applicable Taxes And Government Levies.

In No Event Will NDML’s Liability To User For All Liabilities, Losses, And Causes Of Action Arising Out Of Or Relating To These Terms And Conditions; Or The User’s Use Of The Website; However Caused, Exceed The Amount Paid By User, If Any, For Utilising The Website Or Five Thousand Rupees, Whichever Is Lesser.

Any Link On The NDML Website To A Third Party Site Is Not An Endorsement Of That Website. The Use Or Browsing By A User Of Any Other Website Shall Be Subject To The Terms And Conditions In Each Such Website.

NDML Does Not Endorse Any Advertiser Or Merchant Linked To Its Website. The User Must Verify All Information Provided By The Merchants/ Advertisers Before Arriving At His Decision To Purchase Any Product.

The User’s Participation In Any Event/ Contest/ Promotion Shall Be Governed By The Terms And Conditions Mentioned In The Respective Event/ Contest/ Promotion Along With These Terms.

NDML Shall Have The Right, At Its Sole Discretion, To:

• restrict or terminate a User’s access to its Services;
• modify or discontinue its Services or any part thereof;
• require a User to provide details in respect of any transactions and any other details as required by NDML from time to time; without incurring any liability therefor.

NDML Shall Have The Right, In Its Sole Discretion, For Any Or No Reason, And Without Penalty, To Suspend Or Terminate A User’s Use Of The Website And Its Services Or Any Part Thereof, With Or Without Notice.

The User Shall Not (Whether On-Line Or Otherwise):Describe Itself As Agent Or Representative Of NDML Or Make Any Representations To Any Customer Or Any Third Party Or Give Any Warranties Which May Require NDML Or Service Provider To Undertake To Or Be Liable For, Whether Directly Or Indirectly, Any Obligation And/Or Responsibility To Customer Or Any Third Party.

NDML Shall Not Be Liable For Any Breach Of These Terms Due To Any Force-Majeure Event Such As Act Of God, Governmental Policy/Authority, Fire, Lightning, Explosion, Flood, Inclement Weather Conditions, Power Failures, Failure In Any Communication Systems, Equipment Breakdown, Strikes, Lock-Out, Earthquakes, Riots, War (Declared And Undeclared), Rebellion, Sabotage, Computer Hacking, Unauthorized Access To Computer Data And Storage Devices, Computer Crashes Or Any Other Cause Beyond The Control Of NDML.

If Any Part Of These Terms Is Determined To Be Invalid Or Unenforceable Pursuant To Applicable Law Including, But Not Limited To, The Warranty Disclaimers And Liability Limitations Set Forth Herein, Then The Invalid Or Unenforceable Provision Will Be Deemed Superseded By A Valid, Enforceable Provision That Most Closely Matches The Intent Of The Original Provision And The Remainder Of The Terms Shall Continue In Effect.

NDML May Assign Or Transfer Its Rights And Obligations To Any Other Party.

Incase Of Any Dispute Between The Parties On The Interpretation Or Implementation Of These Terms, The Appropriate Court In Mumbai Shall Have Exclusive Jurisdiction.

No Failure Or Delay By NDML In Exercising Any Right, Power Or Privilege Shall Operate As A Waiver Thereof.

Queries

For Any Queries / Details Users Can Contact:
NSDL Database Management Limited,

NSDL Database Management Limited, 4th Floor, Tower 3, One International Center, Senapati Bapat Marg, Prabhadevi, Mumbai - 400 013 Or Write To Us At hamid(at)ndml[dot]in

Customer Grievance Redressal

You may contact us with any enquiry, complaints or concerns with regards to policy, terms and content of this website or by communicating in writing to the Grievance cum Nodal Officer at the details mentioned below:

Grievance Officer - Ms. Tejal Baniya

NSDL DATABASE MANAGEMENT LIMITED

ADDRESS: NSDL Database Management Limited, 4th Floor, Tower 3, One International Center, Senapati Bapat Marg, Prabhadevi, Mumbai - 400 013
E-MAIL: surepaygrievance@ndml.in