TRUECALLER PAY TERMS AND CONDITIONS (“PAY TERMS”)
Issued April 16, 2018
Thank You for choosing the Truecaller Pay (“Facility”).
"Facility Service(s)" means the Payment Transaction facilitation services and other ancillary services provided by Truecaller through the Facility;
"Funding Account" means the UPI account that is registered or used by the User to fund Payment Transactions, including Peer to Peer Payments made by You using the Facility;
"NPCI" means the National Payments Corporation of India;
"P2P Payment" or "Peer to Peer Payment" means a payment initiated by a User using the P2P Service that debits (or charges) a Funding Account of the User (i.e. Sender) and makes the funds available in the Payment Instrument designated by the Recipient;
"Payment Participants" shall mean all the parties involved in the payment system including but not limited to the Payments System Providers, NPCI, Reserve Bank of India, etc.;
"Payments System Providers" means banks, financial institutions, card associations, and other payment system providers (as defined under the Payment and Settlement Systems Act, 2007), with whom Truecaller has entered into an arrangement to facilitate Payment Transactions (as defined below) using Payment System Provider Services;
"Payments System Provider Services" means payment gateway system/interface/services provided to route payment instructions to Payments Participants for UPI based Transactions; and/or provide settlement facilities in respect of payment instructions initiated by the User;
"Recipient" means a User, or third party who receives a payment from the Sender;
"Sender" means a User who uses the Facility Services to send a payment to a Recipient;
"Transaction" or “Payments Transaction” means (i) the payment request made by the User for sending or receiving payments and (ii) the payment instructions provided by the Sender for debit of his/her Funding Account;
"UPI" means the Unified Payment Interface;
The Payment Transactions carried out through the Facility are solely between the Sender and the Recipient of the payment.
We create a link between the Sender, the Recipient and the respective Payment System Providers to, facilitate You making and/or receiving payments using Payment System Provider Services.
Once a Payment Transaction has been authenticated, authorised and processed through the Payments System Provider Services, the payment will be settled directly with the Recipient by the respective Payments Participants.
If You desire to use UPI to send or receive payments, You may use the Facility to register with a UPI Payments System Provider partnered with Truecaller and create Your UPI user credentials.
By entering into this Agreement, You understand and agree to the following:
- By electing to use the Services, You authorize Truecaller to monitor Your transactions and communicate with the Payment Participants for verification, risk management and fraud assessment purposes. If we are unable to verify the accuracy or completeness of Your information, We may deny Your use of the Services.
- Truecaller is not a party to and will not be responsible for any disputes, chargebacks or reversals arising pursuant to Payment Transactions.
- We and/or the Payment Participants reserve the right to reject a Transaction and/or settlement of payments for various reasons.
Compliance with Payment Participants’ Rules. As You will be using Payment Participants’ services to process Your payment instructions, You consent and agree to comply with the rules, guidelines, directions, instructions, requests, etc. issued by the respective Payment Participants from time to time ("Payment Participant Rules").
Fees. You are responsible for all such fees that You may incur access or data fees from the Payment Participants in connection with Your use of the Facility.
Limitations on the Use of the Facility Services. In addition to Clause 14 (Additional Terms and Changes) of the Truecaller Terms, We or the Payment Participants may establish general practices and limits concerning the use of the Facility, including maximum and minimum transaction limits.
Unauthorised Use. You are responsible for reviewing Your Transaction activity to determine if there are any errors or unauthorised Transactions, and for alerting Truecaller of such event, in accordance with the Combined Terms. You will be solely responsible for any unauthorised access or use of Your personal or financial information through Your Truecaller Account on the Facility. If You believe Your Truecaller Facility Account has been accessed or used in an unauthorised manner, please contact email@example.com.
Tax. You hereby agree that the reporting and payment of any and all applicable taxes arising from the use of Facility Services is Your responsibility.
Per the provisions of these Combined Terms, You agree to indemnify, defend and hold harmless Truecaller, its affiliates, the Payment Participants, and its and their directors, officers, owners, agents, co-branders or other partners, employees, information providers, licensors, licensees, consultants, contractors and other applicable third parties (collectively "Indemnified Parties") from and against any and all claims, demands, causes of action, debt or liability, including reasonable attorneys fees, incurred by the Indemnified Parties arising out of, related to, or which may arise from:
(a) Your use of the Services;
(b) any breach or non-compliance by You of any term of these Pay Terms and Payment Participants Rules;
(c) any dispute or litigation caused by Your actions or omissions;
(d) Your negligence or violation or alleged violation of any Applicable Law or rights of a third party; or
(e) any payments purporting to be from another account.
Disclaimer and Limitation of Liability
IN NO EVENT SHALL TRUECALLER’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATING TO THESE COMBINED TERMS EXCEED THE NET FEES TRUECALLER HAS ACTUALLY RECEIVED AND RETAINED FROM YOUR VALID TRANSACTIONS DURING THE 3 (THREE) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE CLAIM.
COMBINED TRUECALLER TERMS AND CONDITIONS
Your Use of the Facility
Territorial Restrictions. By agreeing to these Combined Terms, You agree that at the time of registration / linkage of your Truecaller account, You (i) are physically located in India; (ii) have an Indian bank account; (iii) have an Indian mobile number. Further, You agree that the Facility will not be used outside of India.
Basic Use Requirements. By agreeing to these Combined terms, You agree that Your ability to use and access the Truecaller application and the Facility Services may be affected by certain device system and compatibility requirements, which may change from time to time. You agree that the performance of Truecaller application and Facility Services may be affected by these factors.
You further agree that Truecaller will not be responsible for any lapse of security or failed Transactions due to Your internet or Device service provider.
Updates. By agreeing to these Combined Terms, You agree that You may need to install updates to Your Truecaller application or related Truecaller software that Truecaller introduces from time to time to access, use, or continue to use the Services.
By agreeing to these Combined Terms, You agree that it is possible that as a result of disabling the Truecaller Account by You, some account specific data may be lost or purged and may not be retrievable. You further agree and accept by virtue of these Combined Terms, that Truecaller is not responsible for the loss of data or any other damage suffered by You as a result of the closure of the Truecaller account by You and its subsequent restoration.
Governing Law and Jurisdiction. These Combined Terms will be governed by and construed in accordance with the laws of India. You agree that any legal action or proceedings arising out of the aforementioned documents may be brought exclusively in the competent courts/tribunals having jurisdiction in New Delhi, India and irrevocably submit themselves to the jurisdiction of such courts/tribunals.
English Language Controls. Any translation of these Combined Terms is provided for Your convenience. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original English.
Waiver. Unless otherwise expressly stated in this Agreement, the failure to exercise or delay in exercising a right or remedy under the Combined Terms will not constitute a waiver of the right or remedy or a waiver of any other rights or remedies, and no single or partial exercise of any right or remedy under the Combined Terms will prevent any further exercise of the right or remedy or the exercise of any other right or remedy.
Survival. The terms and provisions of the Combined Terms, which by their nature and content are intended to survive the performance hereof by any or all parties hereto will so survive the completion and termination of this Agreement.
Severability. If any provision of the Combined Terms is or becomes, in whole or in part, invalid or unenforceable but would be valid or enforceable if some part of that provision was deleted, that provision will apply with such deletions as may be necessary to make it valid. If any court/tribunal of competent jurisdiction holds any of the provisions of the Combined Terms unlawful or otherwise ineffective, the remainder of the Combined Terms will remain in full force and the unlawful or otherwise ineffective provision will be substituted by a new provision reflecting the intent of the provision so substituted.