Terms & Conditions PPSL
General Terms & Conditions

Use of Paytm Platform / Paytm Services

Please read the following Terms and Conditions (“Terms”) carefully before registering on, accessing, browsing, downloading or using the website located at https://www.paytmpayments.com/about-us and all associated sites linked to https://www.paytmpayments.com/ and (hereinafter collectively, Paytm Platform) and operated by Paytm Payments Services Limited (“PPSL”), having its registered office at 136, First Floor Devika Tower, Nehru Place New Delhi – 110019 and headquartered at B-121, Sector-5, Noida – 201301 which include payment aggregation, payment gateway or other services as offered by PPSL (“Paytm Services”).

“You”, “Your”, “Merchant” refers to any individual, association, corporate body or other registered user of Paytm Services or the Paytm Platform.

This document is an electronic record in terms of the Information Technology Act, 2000 and rules framed thereunder, as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

Prior to Your use of the Paytm Platform or Paytm Services, You must read these General Terms and Conditions, Specific Terms as specified below and the Privacy Policy provided on the Paytm Platform.

Please note that with respect to specific terms and conditions applicable to the payment aggregation services are specified in Specific Terms and Conditions and which shall apply to you in addition to the terms and conditions as specified herein should you opt to avail such services. In addition, the privacy policy as specified in https://www.paytmpayments.com/policies is also incorporated herein by reference.


By registering on, accessing, browsing, downloading or using the Paytm Platform for any general purpose or for the specific purpose of availing any Paytm Services, You agree to be bound by the terms and conditions set forth below as well as by the service-specific terms and conditions applicable to each Paytm Services (hereinafter collectively, the T&Cs). These T&Cs shall also include any additional or modified terms and conditions in relation to the Paytm Services or any future service that may be offered by PPSL on the Paytm Platform. By registering on, accessing, browsing, downloading or using (as applicable) the Paytm Platform or availing any Paytm Service, You automatically and immediately agree to all the T&Cs. If at any time You do not accept or agree with any of the T&Cs or do not wish to be bound by the T&Cs, You may not access, browse or use the Paytm Platform and immediately terminate Your availing the Paytm Services. Accepting or agreeing to the T&Cs will constitute a legal contract (hereinafter Agreement) between You, being at least 18 years of age and an individual user of the Paytm Platform or a customer or beneficiary of the Paytm Services, and PPSL. All rights, benefits, liabilities and obligations under the T&Cs shall, as the case may be, accrue to the benefit of, or incurred by, PPSL, regarding Your use of Paytm Services which includes payment aggregation services, payment gateway services and such other services as may be provided by PPSL from time to time. The Paytm Services shall be used by You subject to Your adherence with the T&Cs. As long as You accept and comply with these T&Cs, Paytm grants You a personal, non-exclusive, non-transferable, limited, revocable privilege to enter and use the Paytm Platform and/or avail the Paytm Services.

These Terms as well as other policies, terms and conditions for specific services which are incorporated herein by reference, constitute a binding contract between you the User and PPSL. All services including payment aggregation services as specified on the Website are rendered by PPSL and all rights, benefits, liabilities and obligations under these Terms shall accrue to the benefit of, or incurred by, PPSL.


The Paytm Services are not available to persons under the age of 18 or to anyone previously suspended or removed by PPSL from availing the Paytm Services or accessing the Paytm Platform. By accepting the T&Cs or by otherwise using the Paytm Services, You represent that You are at least 18 years of age and have not been previously suspended or removed by Paytm, or disqualified for any other reason, from availing the Paytm Services or using the Paytm Platform. In addition, You represent and warrant that You have the right, authority and capacity to enter into this Agreement and to abide by all the T&Cs as part of this Agreement. Finally, You shall not impersonate any person or entity, or falsely state or otherwise misrepresent Your identity, age or affiliation with any person or entity. Finally, in the event of any violation of the T&Cs, PPSL reserves the right to suspend or permanently prevent You from availing Paytm Services or using the Paytm Platform.

Other Terms and Conditions

Additional terms and conditions may apply in order for You to avail specific Paytm Services and to specific portions or features of the Paytm Platform, including contests, promotions or other similar features, all of which terms are made a part of these T&Cs by this reference. You agree to abide by such other terms and conditions, including where applicable representing that You are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these T&Cs and the terms posted for or applicable to a specific portion of the Paytm Platform or for any Paytm Service offered on or through the Paytm Platform, the latter terms shall control with respect to Your use of that portion of the Paytm Platform or the specific Paytm Services. PPSL may make changes to any Paytm Services offered on the Paytm Platform, or to the applicable terms for any such Paytm Services, at any time, without notice. The materials on the Paytm Platform with respect to the Paytm Services may be out of date, and Paytm makes no commitment to update the materials on the Paytm Platform with respect to such Paytm Services.


Applicable fees for the provision of Paytm Services shall be levied by Paytm at the rates and subject to such terms and conditions as specified on the Paytm Platform. Please refer to the Pricing Tab “https://www.paytmpayments.com/pricing” for more details pertaining to the pricing plans.

Communication Policy

By accepting the T&Cs, You accept the following:

  • PPSL may send alerts to the mobile phone number provided by You while registering with the Paytm Platform or on any updated mobile number subsequently provided by You on the Paytm Platform, or via e-mail or push notifications. The alerts will be received in case of SMS, only if the mobile phone is in ‘On’ mode to receive the SMS, in case of e-mail, only if the e-mail servers and e-mail ids are functional, and in case of push notifications, if the user has enabled the receipt of such notifications. If the mobile phone is in ‘Off’ mode or if the e-mail servers or ids are not functional or if the push-notifications feature has been turned off, then You may not get the alert at all or get delayed messages. PPSL may further provide you with a platform wide notifications to communicate any changes from time to time.
  • PPSL will make best efforts to provide alerts via SMS/e-mail/push notifications/platform wide notification and it shall be deemed that You shall have received the information sent from PPSL as an alert on the mobile phone number or e-mail id or platform wide notification provided during the course of, or in relation to, using the Paytm Platform or availing any Paytm Services. PPSL shall not be under any obligation to confirm the authenticity of the person(s) receiving the alert. You cannot hold PPSL liable for non-availability of the SMS/email alert/push notifications/platform wide notification in any manner whatsoever.
  • You authorize PPSL to contact You and communicate with You for any Paytm Service or Offer(s). PPSL may use third party service providers to send alerts or communicate with You. You authorize PPSL and other group entities, affiliates of PPSL to override the DND settings to reach out to You over calls, SMS, emails and any other mode of communication.
  • The SMS/e-mail alert/push notification/platform wide notification service provided by PPSL is an additional facility provided for Your convenience and that it may be susceptible to error, omission and/or inaccuracy. In the event that You observe any error in the information provided in the alert, Paytm shall be immediately informed about the same by You and Paytm will make best possible efforts to rectify the error as early as possible. You shall not hold Paytm liable for any loss, damages, claim, expense including legal cost that may be incurred/suffered by You on account of the SMS/e-mail alert/push notification facility.
  • The clarity, readability, accuracy and promptness of providing the SMS/e-mail alert/push notification service/platform notification depend on many factors including the infrastructure and connectivity of the service provider. PPSL shall not be responsible for any non-delivery, delayed delivery or distortion of the alert in any way whatsoever.
  • You will indemnify and hold harmless PPSL and the SMS/e-mail service provider including its officials from any damages, claims, demands, proceedings, losses, costs, charges and expenses whatsoever including legal charges and attorney’s fees which Paytm or the SMS/e-mail service provider may at any time incur, sustain, suffer or be subjected to as a consequence of, or arising out of, any of the following: (i) misuse by You or improper or fraudulent information provided by You; (ii) incorrect number or a number that belongs to an unrelated third party provided by You; and/or (iii) the customer receiving any message relating to the reservation number, travel itinerary information, booking confirmation, modification to a ticket, cancellation of ticket, change in bus schedule, delay, and/or rescheduling from Paytm and/or the SMS/e-mail service provider.

Use of Paytm Platform

You understand that except for information, products or services clearly indicated as being supplied by Paytm, we do not operate, control, or endorse any information, products or services on the Internet in anyway. You also understand that PPSL cannot and does not guarantee or warrant that files available for download through the Paytm Platform will be free of viruses, worms or other code that may be damaging. You are responsible for implementing procedures to satisfy Your particular requirements of Internet security and for accuracy of data input and output.

Prohibited Conduct

By accessing or using the Paytm Platform or by availing Paytm Services, You agree not to:

  • violate the T&Cs;
  • impersonate any person or entity, falsely claim or otherwise misrepresent Your affiliation with any person or entity, or access the accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the Paytm Services, perform any other similar fraudulent activity or otherwise avail Paytm Services with what we reasonably believe to be potentially fraudulent funds;
  • infringe our or any third party’s intellectual property rights, rights of publicity or privacy;
  • use the Paytm Services if You are under the age of 18 years without a parental sponsor or, in any event, use the Paytm Services if You are under the age of 13 years old even with a parental sponsor and in accordance with applicable law;
  • post or transmit any message which is libellous, defamatory or which discloses private or personal matters concerning any person;
  • post or transmit any message, data, image or program which is pornographic, vulgar or offensive in nature;
  • refuse to cooperate in an investigation or provide confirmation of Your identity or any other information provide by You to Paytm;
  • remove, circumvent, disable, damage or otherwise interfere with security-related features of the Paytm Services and the Paytm Platform or features that enforce limitations on the use of the Paytm Services or the Paytm Platform;
  • reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of as regards Paytm Services or Paytm Platform or any part thereof, except and only to the extent this is expressly permissible by applicable law;
  • use the Paytm Services or the Paytm Platform in any manner that could damage, disable, overburden, or impair it, including, without limitation, using the Paytm Services or the Paytm Platform in an automated manner;
  • modify, adapt, translate or create derivative works based upon the Paytm Services and the Paytm Platform or any part thereof, except and only to the extent that that this is permissible by applicable law;
  • intentionally interfere with or damage operation of the Paytm Services or the Paytm Platform or any other user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code or file with contaminating or destructive features;
  • use any robot, spider, other automatic device, or manual process to monitor or copy the Paytm Platform without prior written permission;
  • interfere or disrupt the Paytm Platform or networks connected to the Paytm Platform;
  • take any action that imposes an unreasonably or disproportionately large load on Paytm’s infrastructure/network;
  • use any device, software or routine to bypass the Paytm Platform’s robot exclusion headers, or interfere or attempt to interfere, with the Paytm Services;
  • forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through the Paytm Platform or to manipulate Your presence on the Paytm Platform;
  • sell the Paytm Services, information, or software associated with or derived from it;
  • use the facilities and capabilities of the Paytm Platform to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others;
  • breach this Agreement, or any other agreement or policy as may be applicable pursuant to the T&Cs;
  • provide false, inaccurate or misleading information;
  • use the Paytm Platform to collect or obtain personal information, including without limitation, financial information, about other users of the Paytm Platform, except and only as expressly provided in the T&Cs;
  • avail Paytm Services with what Paytm reasonably believes to be potentially fraudulent funds;
  • use the Paytm Services in a manner that results in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties and other liability to Paytm, a third party or You;
  • use the Paytm Services in a manner that Paytm or any payment card network reasonably believe to be an abuse of the payment card system or a violation of payment card network rules;
  • take any action that may cause Paytm to lose any of the Paytm Services from its service providers or lose any of its recharge partners or business partners, including mobile operators or telecom companies, payment processors or other suppliers;
  • send automated request of any kind to the Paytm Platform without express permission in advance from Paytm.

Privacy Policy

By using the website, Paytm Platform, Paytm Services or otherwise using any payment instruments as facilitated by PPSL on its Merchant sites, you hereby consent and accept the terms as specified in the Privacy Policy.

Termination; Agreement Violations

You agree that PPSL, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate Your account (or any part thereof) or Your use of the Paytm Services/Paytm Platform and remove and discard on the Paytm Platform all or any part of Your account, Your user profile, or Your recipient profile at any time. PPSL may also in its sole discretion and at any time discontinue providing access to the Paytm Services, or any part thereof, with or without notice. You agree that any termination of Your access to the Paytm Services/Paytm Platform or any account You may have or portion thereof may be effected without prior notice, and You agree that Paytm will not be liable to You or any third party for any such termination or interruption. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies PPSL may have at law or in equity. Upon termination for any reason, You agree to immediately stop using the Paytm Services/Paytm Platform.

Limitation of Liability and Damages

In no event, PPSL or its contractors, agents, licensors, partners or suppliers will be liable to You for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to: (i) this Agreement; (ii) the Paytm Services, the Paytm Platform or any reference site/app/platform/service; or (iii) Your use or inability to use the Paytm Services, the Paytm Platform (including any and all materials) or any reference sites/app/platform/service, even if PPSL or a PPSL authorized representative has been advised of the possibility of such damages. In no event, PPSL, directors, employees, agents will be liable to You for any damages, liabilities, losses, and causes of action arising out of or relating to: (i) this Agreement; (ii) the Payment Aggregation T&Cs; (iii) the Paytm Services, the Paytm Platform or any reference site/app/platform/service; or (iv) Your use or inability to use the Paytm services, the Paytm Platform (including any and all materials) or any reference sites/app/platform/service; or (v) any other interactions with Paytm, however caused and whether arising in contract, tort including negligence, warranty or otherwise, beyond or in excess of the amount paid by You, if any, for using the portion of the Paytm Service or the Paytm Platform giving rise to the cause of action, or beyond or in excess Rs. 5,000, whichever is less. You acknowledge and agree that Paytm has offered its products and services, set its prices, and entered into this Agreement in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between You and Paytm, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between You and Paytm. Paytm would not be able to provide the services to You on an economically reasonable basis without these limitations. Applicable law may not completely allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions will apply to You subject to applicable law. In such cases, PPSL’s liability will be limited to the fullest extent permitted by applicable law. This paragraph shall survive the termination of this Agreement.


You agree to indemnify, save, and hold PPSL, its affiliates, employees, officers, directors and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to: (i) Your use or misuse of the Paytm Services or of the Paytm Platform; (ii) any violation by You of this Agreement or the SSOID Agreement; or (iii) any breach of the representations, warranties, and covenants made by You herein. PPSL reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify PPSL, including rights to settle, and You agree to cooperate with PPSL’s defense and settlement of these claims. PPSL will use reasonable efforts to notify You of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of this Agreement.

Disclaimer; No Warranties

To the fullest extent permissible pursuant to applicable law, PPSL and its third-party partners disclaim all warranties or guarantees – whether statutory, express or implied – including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by You from PPSL or through the Paytm Services or the Paytm Platform will create any warranty or guarantee other than those expressly stated herein. For the purposes of this Disclaimer, You expressly acknowledge that as used in this section, the term “PPSL” includes PPSL’s officers, directors, employees. You expressly agree that use of the Paytm Services on the Paytm Platform is at Your sole risk. It is Your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchantability and other information provided through the site or on the Internet generally. PPSL does not warrant that the Paytm Services will be uninterrupted or error-free or that defects in the site will be corrected. The Paytm Services and the Paytm Platform and any data, information, third party software, reference sites, services, or software made available in conjunction with or through the services and the site are provided on an “as is” and “as available,” “with all faults” basis and without warranties or representations of any kind either express or implied. PPSL, and its partners do not warrant that the data, PPSL software, functions, or any other information offered on or through the Paytm Services/Paytm Platform or any reference sites/platforms/apps/services will be uninterrupted, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected. PPSL and its licensors, and partners do not warrant or make any representations regarding the use or the results of the use of the Paytm Services/Paytm Platform or any reference sites/platforms/apps/services in terms of correctness, accuracy, reliability, or otherwise. You understand and agree that You use, access, download, or otherwise obtain information, materials, or data through the Paytm Services/Paytm Platform or any reference sites/platforms/apps/services at Your own discretion and risk and that You will be solely responsible for any damage to Your property (including Your computer system and mobile device or any other equipment) or loss of data that results from the download or use of such material or data. We do not authorize anyone to make any warranty on our behalf and You should not rely on any such statement. This paragraph shall survive termination of this Agreement. In no event will PPSL be liable for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the Paytm Platform.

Ownership; Proprietary Rights

The Paytm Services and the Paytm Platform are owned and operated by PPSL. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of the Paytm Services and the Paytm Platform provided by PPSL (hereafter Materials) are protected by Indian copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. As between You and PPSL, all Materials, trademarks, service marks, and trade names contained on the Paytm Platform are the property of PPSL or its licensor. You agree not to remove, obscure, or alter PPSL or any third party’s copyright, patent, trademark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Paytm Services/Paytm Platform. Except as expressly authorized by PPSL, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. PPSL reserves all rights not expressly granted in this Agreement. If You have comments regarding the Paytm Services and/or the Paytm Platform or ideas on how to improve it, please contact customer service. Please note that by doing so, You hereby irrevocably assign to PPSL, and shall assign to PPSL, all rights, title and interests in and to all ideas and suggestions and any and all worldwide intellectual property rights associated therewith. You agree to perform such acts and execute such documents as may be reasonably necessary to perfect the foregoing rights.

Modification of this Agreement

PPSL reserves the right to change, modify, add, or remove portions of this Agreement (each, a change and collectively, changes) at any time by posting notification on the Paytm Platform or otherwise communicating the notification to You. The changes will become effective, and shall be deemed accepted by You, 24 hours after the initial posting and shall apply immediately on a going-forward basis with respect to Your use of the Paytm Platform, availing the Paytm Services or for payment transactions initiated after the posting date. If You do not agree with any such change, Your sole and exclusive remedy is to terminate Your use of the Paytm Services/Paytm Platform. For certain changes, PPSL may be required under applicable law to give You advance notice, and PPSL will comply with such requirements. Your continued use of the Paytm Platform following the posting of changes will mean that You accept and agree to the changes.


PPSL may provide You with notices and communications by e-mail, SMS, push notifications, regular mail or postings on the Paytm Platform or by any other reasonable means. Except as otherwise set forth herein, notice to PPSL must be sent by courier or registered mail to Paytm Payments Services Limited, Plot No. H-10B, Skymark One, Tower D, Sector 98, Noida, Uttar Pradesh - 201304.


The failure of Paytm to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Paytm.

User Comments/feedback

By accessing/using the Paytm Platform, you specifically acknowledge and understand that the PPSL has invested and continues to invest significant amounts towards the development and maintenance of the Paytm Platform and that any negative feedback/comment/review may cause severe losses to the PPSL especially where PPSL has not had the opportunity to address such comment/review. Consequently, in order to prevent such wrongful loss, You, specifically agree not to post any negative feedback/comment/review whether on the Paytm Platform or on any public domain without first bringing the same to the notice of the Grievance Redressal officer specifying your feedback and further permitting PPSL to address any issues/queries or feedbacks as provided by you.

You further understand and acknowledge that failure on your part to consult with the grievance redressal officer and posting /uploading or otherwise disseminating any negative comments/feedbacks without providing any opportunity to the Company to address your grievances/issues shall entitle the Company to proceed against you, the User for damages for any losses suffered by the Company. Any claim for damages shall be in addition to the rights for injunctive reliefs since claim for damages may not be a sufficient remedy. The Company shall further be entitled to treat any such feedback/comment to be defamatory / libelous in nature and take appropriate action against the User as it may deem fit.

Grievance Redressal Officer:

For any queries or disputes relating to the Paytm Platform, Paytm Services, you may refer PPSLs Grievance Redressal Policy

Dispute Resolution

If any dispute, controversy or claim arises under this Agreement or in relation to any Paytm Service or the Paytm Platform, including any question regarding the existence, validity or termination of this Agreement or T&Cs (hereinafter Dispute), the parties shall use all reasonable endeavours to resolve such Dispute amicably. If the parties are unable to resolve the Dispute amicably within 30 days of the notice of such Dispute, such dispute shall be referred to binding arbitration in accordance with the provisions of the Arbitration & Conciliation Act, 1996 (“Arbitration Act”). Such Dispute shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The Dispute shall be resolved by a sole arbitrator, appointed in accordance with the Arbitration Act. The seat of the arbitration shall be New Delhi and the language of this arbitration shall be English. Either You or PPSL may seek any interim or preliminary relief from a court of competent jurisdiction in New Delhi necessary to protect the rights or the property belonging to You or Paytm (or any of our agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither You nor PPSL may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcing the arbitration award. All administrative fees and expenses of arbitration will be divided equally between You and PPSL. In all arbitrations, each party will bear the expense of its own lawyers and preparation. This paragraph shall survive termination of this Agreement.

Governing Law and Forum for Disputes

Subject to the Dispute Resolution section above, any claim or dispute which either PPSL or You may have against PPSL will be resolved by competent court having jurisdiction in New Delhi, India. This Agreement shall be governed by Indian law. This paragraph shall survive termination of this Agreement.


If any provision of this Agreement is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent required, and the remaining provisions will remain valid and enforceable.


Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration as applied to transfers and relationship prior to such termination or expiration.


The heading references herein are for convenience purposes only and they do not constitute a part of these T&Cs and will not be deemed to limit or affect any of the provisions hereof.

Entire Agreement

These Terms (together with such terms and conditions applicable to Paytm Services, Privacy Policy and other specified on the Paytm Platform) constitutes the entire agreement between You and PPSL relating to the subject matter hereof and this Agreement will not be modified except by a change to this Agreement made by PPSL in accordance with the terms of this Agreement.


These terms and conditions apply to the use of Payment Aggregation Services (as defined below) by merchants (“Entity”). For the purpose of these Specific Terms and Conditions, “PPSL” and “Entity” are hereinafter individually referred to as a “Party” and collectively as “Parties”.

    In these Terms, unless repugnant to the context or meaning thereof, the terms defined herein (including in the introductory paragraph and recitals) shall have the meaning as under:
    • “Affiliate” means a person that controls, is controlled by or is under common control with, another person. For the purpose of this definition “control” shall mean the power to direct the management and policies, directly or indirectly, whether through the ownership of voting securities, by contract or otherwise and the terms “controlling” and “controlled” shall have co-relative meanings to the foregoing.
    • “Agreement” shall mean these terms and conditions including its Schedules, Annexures and all other documents (which may be signed between PPSL and Entity, from time to time in relation to subject matter of this Agreement) and any and all schedules, appendices, annexures and exhibits attached to it or incorporated in it or referred herein.
    • “Application Programming Interface” or “API” means your Application Programming Interface including any related documentations, source code, executable applications and any other materials made available by the Entity to PPSL for the purpose of integration of Entity information with the Paytm Platform/ Paytm Services.
    • “Authentication” shall mean the process by which the Customer’s identification is authenticated by the Facility Providers.
    • “Authorization” shall mean the process by which the Issuing Bank/Participating Bank and/or the relevant Card Association electronically or otherwise communicate the approval of the charge on the Customer upon receipt of the Customer’s instruction in respect of the payment against the Transaction (as defined hereinafter) through the Paytm Platform.
    • “Bill” would mean and include but not limited to periodic bills, fees, charging charges/swapping charges/fleet service charges, booking charges, cancellation charges, parking charges, reservation charges, RFID charges, electricity charges, convenience fees/charges, insurance premium, subscription charges, or any other amount that may be collected by the Entity (in accordance with the nature of its business) in consideration of the Services rendered /Goods sold by the Entity itself and/or on behalf its Sub-Merchants or its authorised vendors, to the Customer.
    • “Bill Payment” shall mean the amount of Bill to be paid by the Customer.
    • “Business Day” shall mean any day on which the Facility Providers are open for business in India other than non-working Saturday, Sunday and any days declared by PPSL and/or Facility Providers as a Holiday.
    • “Chargeback” means a payment made in respect of any Transaction, which proves to be uncollectible from the Customer and in respect of which the Issuing Bank/ Facility Provider/ Card Association/ RBI/ NPCI or Participating Bank brings a claim against PPSL based on any of the following reasons including but not limited to:
      • charge/debit for goods/ services in excess of the relevant purchase price/ service fee;
      • charge/debit for undelivered goods/ services;
      • goods/ services purchased not being as they were promised or being defective, deficient and/or unsatisfactory for any reason whatsoever;
      • charge/debit arising out of any alleged hacking or breach of security or encryption of, or system error attributable to Entity’s system;
      • fraud on the part of the seller of the goods/ services;
      • duplicate charge.
    • “Customer/Subscriber” means any person holding a valid payment instrument and who enters into Transaction with the Entity and makes payment for the same, through Paytm’s Platform and shall include any Individual or legal Entity who is availing online payment facility for the Service of the Entity.
    • “Customer Billing Information” means the information provided by the Entity either through API and/or in any other manner detailing the Bill, identification of the Customer/Bill, amount of the Customer Charge, etc.
    • “Customer Order” shall mean an order placed by the Customer for purchase of Goods or for availing of Services provided by Entity and shall be specifically designated by a unique Order Number which can be used by the Customer for obtaining details about the Order including without limitation details of the status of such Order.
    • “Customer Charge” means and includes (a) the base price of the Goods/Services purchased or availed by the Customer plus the shipping charge (if any) and all other taxes including Goods & Service tax hereinafter referred as (“GST”), duties, costs, charges and expenses in respect of the Goods/Services; and/or (b) amount of Bill Payment, that are to be charged to the Customer’s Valid Payment Instrument and processed and settled through the Service.
    • “Card Associations” shall mean and include Master Card, Visa, Diners Card, American Express Card, or any other card association as may be specified by PPSL from time to time.
    • “Card Association Rules” mean the written rules, regulations, releases, guidelines, processes, interpretations and other requirements (whether contractual or otherwise) imposed or adopted by any card association as applicable.
    • “Dispatch”/ “Delivery” shall mean, in respect of Goods/Services dispatch/delivery of the Goods by a reputed courier /parcel service to the Customer at the address specified by the Customer in this behalf and/or in respect of a Service, delivery/performance of provision of Service.
    • “Effective Date” means the date of execution of this Agreement as mentioned in the signature panel below.
    • “Entity’s Bank Account Details” shall mean the details as provided by the Entity in the Entity details form.
    • “Entity’s Website/Mobile Application/Billing System” shall mean the active website/mobile application/billing system, the contents of which are owned, controlled, and operated by the Entity for the purposes of enabling the Customers to view Goods and/or Services offered by Entity and/or Sub-Merchants and to enter into Transaction for purchase and/or subscription offered by the Entity thereon.
    • “EMI” means equated monthly installments.
    • “Facility Provider(s)” shall mean and connote various Banks, financial institutions (“Participating Banks”) and various software providers who have signed with PPSL from time to time and are in the business of providing information technology services including but not limited to Internet based electronic commerce, Internet payment gateway and electronic software distribution services. These Facility Providers allows PPSL to route credit card, debit card, internet banking, prepaid cash card, Postpaid Facility, mobile wallet transactions etc. entered into on the Internet/Mobile channels to third party clearing houses/ Issuing Banks.
    • “Food Wallet” shall mean sub wallet under Paytm Wallet which shall be restricted to be used for payments for food only, have pre-defined monetary limits specified by RBI guidelines and shall be re-loadable. The amounts held in the Food Wallet are non-refundable and non-transferable.
    • “Internet Payment Gateway” means a payment gateway obtained by the PPSL from Payment Gateway Provider(s) for accepting payments on the web through credit cards, debit cards, internet banking, prepaid cash cards or mobile wallets.
    • “Issuing Bank” in respect of a Customer, means the bank or financial institution or a licensed third party payment service provider which has issued the Valid Payment Instrument to the Customer.
    • “Mobile Application” shall mean an IVR (Interactive Voice Response), WAP (Wireless Application Protocol), SMS (Short Messaging Service), USSD (Unstructured Supplementary Service Data), ODP (On Device Portal) or NFC (Near Field Communication) based shopping interface developed by the Entity, PPSL or any third-party service provider, which is accessed by the Customer for providing the account details and issuing the payment instructions upon placing the Customer Order.
    • “Net Banking Facilities” shall mean the facilities and services provided by Issuing Banks, which allow authorization (from third party clearing house networks) and settlement facilities in respect of payment instructions initiated by the Customers on their respective Internet Banking websites.
    • “Nodal Bank Account / Escrow Bank Account” means a nodal bank account/escrow bank account operated and managed in accordance with the guidelines issued by RBI for pooling the funds collected from the Customers on behalf of the Entity through Paytm Platform viz., Net Banking, Credit Card, Debit Card, Unified Payment Interface (UPI), IMPS (Immediate Payment Service), EMI, Postpaid Facility, prepaid payment instruments such as Paytm Wallet, or such other mode of payments/features/services which shall be developed or added or deployed by PPSL (including but not limited to Paytm Voucher, etc.), Participating Banks, Facility Providers or financial institutions, etc.] and facilitating the transfer of these funds in final settlement to the Entity and other permitted payments after deduction of such service charges as per RBI Regulations notifications/ guidelines issued from time to time on online payments.
    • “Paytm Platform” / “Paytm Services” shall mean Payment Aggregation Services as set out in Clause 3 of this Agreement which shall also include any additional services/features/payment modes provided to the Entity sourced or added or deployed by PPSL for the purposes of enabling online collection of the payment for Transactions by and on behalf of the Entity from the Customers of the Entity through Paytm Checkout.
    • “Payment Aggregation Services” shall mean and include the business of payment aggregation that facilitate the website and web application of the Entity to accept various Payment Instruments from the Customers for completion of their payment obligations in relation to a Transaction, facility to connect the merchants with Facilitating Banks receiving payments from Customers, pool and settle the payments so collected to the Entity in accordance with applicable guidelines.
    • “Payment Instrument” means a Credit Card, Debit Card, Internet Banking Account, Prepaid Cash Card, Unified Payment Interface (UPI), IMPS (Immediate Payment Service), Paytm Wallet including Food Wallet, or such other methods of payments/features/services which shall be sourced or added or deployed by PPSL including but not limited to, Postpaid Facility, Paytm Voucher from Participating Banks, Facility Providers or financial institutions from time to time and used by the Customer for making a payment through Paytm platform but excluding instruments powered by the Entity or served through the Entity.
    • “Paytm Fees” means, the fee collected by PPSL for each Transaction for rendering Paytm Services to the Entity and such fee shall include the fee referred to as merchant discount rate, convenience fee, VAS Fees, request processing fee or any such fee charged by PPSL.
    • “Paytm Wallet” shall mean a semi closed prepaid payment instrument issued by PPBL, in accordance with the RBI Guidelines issued from time to time, which can be used by the Customer against the value stored on such instrument to purchase Goods/Services, including financial services at a group of clearly identified Merchants i.e., Entity/Entity locations/establishments which have a specific contract with PPBL/PPSL to accept the payment instruments. For the avoidance of doubt, the value stored on such instruments represents the value paid for by the Customer at the time of issue/availing of Paytm Wallet or at the time of reloading of the said Wallet by the Customer. Further these instruments do not permit cash withdrawal of redemption by the holder of Paytm Wallet.
    • “Paytm Voucher” shall mean gift vouchers issued by PPBL under PPI regulations of RBI and which can be utilized for payments on Paytm Platform, as determined by PPSL.
    • “Paytm Checkout” is an aggregation of a) Paytm Wallet, Paytm Voucher and other instruments issued as per RBI’s guidelines on prepaid instruments, b) debit card/credit card/net banking and other instruments aggregated by PPSL offered by Participating Banks and Financial Institutions to PPSL and (c) Postpaid Services, Paytm Cash or other instruments developed or added or deployed by PPSL on its own, or in partnership with other institutions.
    • “Postpaid Facility” shall mean post payment assistance extended to the customers by banks or NBFC partner institutions of PPSL via Paytm Platform.
    • “Goods/Product” means a tangible merchandise, marketed goods, distributed or sold by the Entity, and/or it’s authorized vendors/Sub-Merchants to Customer(s) through Entity’s Website/Mobile Application.
    • “Service” means any service that Entity and/or its Sub-Merchant offers through Entity’s Website/Mobile Application including but not limited to the subscription Services, Bill/Fees payment facility and/or any other offering (collectively referred to as “Services”) and that is availed of by the Customer.
    • “Settlement” / “Settlement Amount” means the procedure pursuant to which the amounts are remitted to the Entity as per the terms agreed under this Agreement from the designated Nodal Bank Account in accordance with the Reserve Bank of India Guidelines.
    • “Sub-Merchant” shall mean merchants/sellers/dealers/distributors duly registered with Entity who the Entity represents and undertakes that they are authorized to offer, sell and/ or distribute Products/Services through the Entity’s Website/Mobile Application in accordance with the terms and conditions of the Entity.
    • “Transaction” means every Customer Order in consideration of which the Customer makes the payment of Customer Charge through the valid Payment Instrument through the Paytm Platform and which is Authenticated and Authorised by the Facility Providers and that results in the Delivery by Entity and/or Sub-Merchant to the Customer of the Goods(s) / Services in respect of which the Customer Order was placed.
    • “Transaction Amount” means the Customer Charge plus Paytm Fee.
    • “Transaction Discount Rate (TDR)” shall mean total commission earned by PPSL exclusive of all taxes, per transaction for the services provided hereunder.
    • “Valid Credit Card/Debit Card” means a Visa/MasterCard/American Express/Diners Club/JCB Credit Card / Debit Card provided by the Issuing Banks to the Customer for Customer’s Bank account held with such Issuing Banks or any other card acceptance facility provided by PPSL, the Facility Providers or the Participating Banks and which is not listed in Visa/MasterCard’s and other current warning bulletins.
    • “RBI” shall mean the Reserve Bank of India.
    • “NPCI” shall mean National Payments Corporation of India.
    • “UPI” The Unified Payments Interface (UPI) offers architecture and a set of standard Application Programming Interface (API) specifications to facilitate online payments.
    • “Value Added Services” shall mean the value added solutions and services provided by PPSL, the terms of which are more particularly set out in Schedule D.
    • “VAS Fees” shall mean the fee charged by PPSL for providing Value Added Services on the Paytm Platform as specified in Schedule D.
    • To enable Payment Aggregation Services, PPSL may require you to enter into an agreement or accept terms as specified on the Website containing detailed terms and conditions which are applicable to the Payment Aggregation Services which are provided by PPSL. Such terms and conditions will constitute a binding agreement between You and PPSL and shall govern the provision of Paytm Services. You acknowledge that while providing said Paytm Services, PPSL acts only as an Intermediary/ payment aggregator/ enabler /facilitator of payment platform by:
      • Connecting the Entity and the Customer to enter into Transaction and/or enable the Customer to make online payment of the Transaction Amount to the Entity.
      • Integrating the Entity’s Website/Mobile Application/Billing System with the payment systems of various Facility Providers for enabling the Customer of the Entity to make the payment of the Transaction Amount using Internet Payment Aggregation facility.
      • It is hereby clarified that the Paytm Services hereunder is provided to the Entity only and that all rights/obligations hereunder with regard to the Sub-Merchants shall be fulfilled by the Entity only and PPSL shall have no direct and/or indirect obligations vis a vis such Sub-Merchants of the Entity whether specified in applicable law or not.
    • You agree that additional services/features/payment modes shall be developed or added or deployed by PPSL, Participating Banks, Facility Providers, financial institutions in pursuance of sector advancement or any other development/requirement by governmental authority to facilitate the online collection of the payments from the Customers through Paytm Checkout. For the Entity to use any additional features/payment modes not provided herein, the Entity shall comply with the terms and conditions applicable for such features/payment modes.
    • You shall be solely responsible to provide/renew/activate/subscribe the respective Services to the Customer in respect of which the payment of Transaction Amount has been made by the Customer through the Paytm Platform.
    • You shall not share the API of PPSL (including information like credential, MID code or any other information / details to access the Paytm Platform) with any third party or engage any third party to connect your system with Paytm Platform without explicit written consent of PPSL. Any breach of this obligation shall be construed by PPSL as breach of these Term and if PPSL becomes aware of such breach, then it has the right to immediately take action including levy of penalty or suspension or termination of Paytm Services forthwith. Further PPSL shall also be entitled to take any other action as per applicable law.
    • In consideration of the Paytm Services as provided in Clause 3 above, you hereby authorise PPSL to collect the Transaction Amount which shall comprise (a) the Paytm Fees (at the rates specified in the Pricing Tab (or such other rates as mutually agreed) and the applicable Goods and Service tax along with (b) the Customer Charge.
    • PPSL shall retain the Paytm Fees so collected before passing on the credit of the Customer Charge to Entity (net of Paytm Fees and all other amounts due and recoverable in the normal course of business from the Entity). Please refer to the Pricing Plan as specified in “https://www.paytmpayments.com/pricing” for Paytm Fees charged by PPSL
    • PPSL reserves the right to revise the Paytm Fees periodically, and PPSL will intimate (either by email/ or in writing) to the Entity of any such change within reasonable time before making the said changes effective. The Paytm Fees (MDR and / or Convenience Fees and/or VAS Fees) charged by PPSL shall not be refunded or repaid by PPSL to the Entity or any other person irrespective of the Transaction Amount being subject to a Chargeback, refund or dispute.
    • Paytm Fees is based on the assumptions and agreed upon operating processes. If you significantly alters your methods of doing business/ line of business/ Entity website/ Mobile Application / Billing process, PPSL may revise the Paytm Fees. PPSL further reserves the right to vary the Paytm Fees at such rates as may be specified by PPSL from time to time by provision of an intimation either through speed post / courier / SMS/Email notification/Platform wide notification from time to time and if the Entity is unwilling to accept such variation or amendment or introduction, it shall notify PPSL in writing by speed post /authorised courier/email addressed to PPSL within five (05) days from the notification by PPSL, for resolution. Variations as specified by PPSL shall apply unless otherwise agreed in writing by PPSL through its authorised signatory.
    • The Paytm Fee is exclusive of all applicable taxes including GST, governmental charges, levies, duties etc. All payment to the Entity under this Agreement shall be subject to applicable withholding tax laws.
    • You shall bear and be responsible and liable for the payment of all relevant taxes including GST, duties, levies, cess, surcharge or any other charges in relation to the Service availed by your Customer.
    • You shall provide its GST registration certificate to PPSL prior to activation of PPSL Services.
    • All payments by Entity are subject to deduction of TDS on Paytm Fees under Income Tax Act Section 194H, if applicable. TDS, if any, shall be deposited by the Entity as per applicable laws based on the invoice raised by PPSL on monthly basis. The same will be reimbursed by PPSL within 30 days from the date of receipt of TDS certificate from the Entity.
    • PPSL may demand an appropriate amount of security deposit/bank guarantee during the term of this Agreement depending upon the risk assessment by PPSL/Facility Provider in relation to the Goods/Services provided you. You shall submit the said security deposit amount/bank guarantee without any demur and delay within 7 (seven) days from the date of intimation by PPSL. You also agree that the security deposit/bank guarantee shall be forfeited by PPSL at PPSL’s sole discretion in the event of any breach of the terms & conditions of this Agreement and also in case of breach of any additional obligations as agreed by you. However, PPSL shall refund/discharge the security deposit amount/bank guarantee post completion of six months from the termination or expiry of PPSL Services, whichever is later on the basis of risk assessment report only.
    • PPSL further reserves the right to enable additional Payment Instruments as may be developed or deployed by PPSL from time to time at such rates as PPSL may determine based on its internal policies. PPSL shall intimate the Entity either through SMS/Email notification/Platform wide notification of such additional Payment Instruments which are enabled. Entity may within 5 (five) days of receipt of such intimation opt out from such additional Payment Instruments which are enabled.
  • Settlement
    • PPSL shall maintain the amount collected by it in an Nodal Bank Account/Escrow Bank Account. PPSL, at its own accord, without prior permission from the Entity may choose to shift the Nodal Bank Account/Escrow Bank Account from one bank to another in accordance with the directions issued by regulators from time to time.
    • PPSL shall after deducting the amounts from the account of the Customer shall remit such amount to the bank account of the Entity on Tp+1 basis, where Tp shall mean date of charge / debit to the Customer’s account against the purchase of goods or rendition of services;.
    • The transactions in respect of refund or reversed transactions shall be routed back through the Nodal/Escrow account. However, you may choose to entertain the request for refund to Customer, if Customer has been made aware of such arrangement.
    • PPSL shall credit or debit the Nodal Bank Account /Escrow Bank Account only with the transactions as permitted by the Regulators, in terms of the prevailing guidelines. PPSL is permitted to debit its fee for services or consideration payable by the Entity to PPSL from the Escrow Account.
    • PPSL shall be entitled and the Entity hereby authorizes PPSL to deduct PPSL Service Charges, refunds, chargebacks, penalties from each payment received from the Customer before passing on the credit (net of PPSL Service Charges, refunds, chargebacks, penalties) to the Entity.
    • At the time of onboarding, please read the terms and conditions / agreement for further details.
  • Chargeback
    • PPSL will notify the Entity of any chargeback within 24-48 hours of receiving such notification from the Participating Bank or relevant third party, including the details and reasons for the chargeback request.
    • The Entity acknowledges and agrees that if a Payment is made by the Customer through any payment instrument (UPI, Wallet, Debit Card, Credit Card, Net Banking, International Card) against the transaction, for which the Participating Bank/Customer raises a Chargeback claim on PPSL, PPSL shall deduct the equal amount of said claim from the payable amount to the Entity due on the date of receipt of said Chargeback and shall also demand the necessary documents as may be required by Participating Bank for evidencing the fulfillment and/or delivery of Product/Service by the Entity. Once the required documents are provided by the Entity to PPSL. PPSL shall submit the same to Participating Bank for the scrutinization, post which the decision of the Participating Bank shall be final and binding.
    • Entity further agrees that it shall not raise any concern towards the non-payment of the amount with respect to such Order for which Chargeback claim has been raised by the respective Participating Bank/Customer, as the case may be.
    • Entity hereby authorizes PPSL to adjust the chargeback amount to the extent of the aforesaid uncollectable amount from amount payable to the Entity by PPSL. Such amount shall be reversed to the entity if the resolution provided by Participating Bank or relevant authorities pertaining to the chargeback is in the favour of Entity.
    • Entity agrees to provide the supporting documents to PPSL in respect of a Chargeback within 4 (four) calendar days of intimation of such chargeback received or within the timelines as provided by the Participating Bank/concerned authorities, whichever is earlier.
    • Entity shall be deemed to have accepted the chargeback in case the supporting documents are not provided by the Entity within the prescribed timelines. In case of non-submission of the above said supporting documents within the timelines prescribes as above, the amount in respect of such charge which was debited upfront shall not be reversed and no claim of Entity shall be entertained in this respect.
    • Entity agrees that the timing for raising Chargebacks and retrieval requests, any defense of a Chargeback and allocation of related penalties will be handled in accordance with the applicable procedures and/or guidelines set by the Card Association or the applicable regulatory body in India (e.g., the RBI and NPCI).
    • Entity agrees that if its chargeback’s in any month crosses 1% of total transaction value of that month then:
      • Entity will submit Bank Guarantee/ Security Deposit equivalent to 2 times of the highest GMV processed in last 6 months.
      • The terms of the BG/ Security Deposit will be re-evaluated after one year or expiry/ termination of the Agreement, whichever is earlier.
    • In the event of termination of the Agreement, taking into consideration the track record in terms of incidences of chargeback during the tenure of the Agreement and/or the circumstances of termination of the Agreement:
      • PPSL shall be entitled to withhold amount out of the settlement amounts payable to the Entity in terms of this Agreement to facilitate the settlement and resolution of any chargeback related issues arising out of any Transactions done under this Agreement.
      • These amounts shall be withheld for such period as may be then prevailing in respect of the time-period allowed to Customers for initiating a chargeback under the Card Association guidelines or the Reserve Bank of India for resolution of such disputes.
  • Refund
    • All the refunds to the customer will be requested and handled in accordance with the refund and return policy of the Entity. For clarity, all refunds shall be made to the customer only after the deduction from the settlement amount of the Entity.
    • In case, there is no forward amount to adjust the refund amount then PPSL shall not be liable to make the refund to the customer on its behalf. Further, any penalty imposed by RBI on PPSL for delayed refund to the customer shall be borne by the Entity.
    • If PPSL is unable to adjust any refund/ chargeback amount from the settlement amount, an intimation / notice would be sent to the Entity and Entity shall be pay such amount to PPSL within 5 business days from the date of intimation.
    • You shall provide all the relevant details and documents to PPSL for carrying our “Know Your Client” or “Anti-Money Laundering” checks in accordance with the applicable laws and internal policies of PPSL. By accessing PPSL Services, you further represent, warrant, and covenant that you shall provide correct information and valid documents to PPSL to conduct the “Know Your Client” or “Anti Money Laundering” checks in accordance with the applicable laws and internal policies of PPSL.
    • You shall only avail the Paytm Services for the designated/specified business category/business sub-category/ Entity’s Website/Mobile Application/Billing System only. In order to use the said PPSL Services for any other purpose, Entity shall notify PPSL in writing of such change and such change will be subject to approval by PPSL.
    • Facility Providers will authenticate, authorize, and process the payment instructions given by the Customers through Paytm Platform in respect of the Transactions upon fulfillment of valid criteria as set forth by the Issuing Banks and the Card Associations from time to time and accordingly transfer such approved Transaction Amount from the Customer Valid Payment Instrument to the Nodal Bank Account.
    • Entity itself and/or on behalf of its Sub-Merchants understands that Facility Providers and/or Card Association may reject authorization of Transaction placed by the Customer for any reason including but not limited to risk management, suspicion of fraudulent, illegal or doubtful Transactions, selling of prohibited items, use of compromised Valid Cards, use of blacklisted/banned cards or in accordance with the RBI, Facility Providers and/or Card Association rules, guidelines, regulations, etc and any other laws, rules, regulations, guidelines in force in India, etc.
    • Entity acknowledges that as a risk management tool, PPSL and/or the Facility Providers reserve the right to limit or restrict transaction size, amount and/or monthly volume at any time. For the purpose of clarity such limitations or restrictions may be imposed for the following reasons including but not limited to limits/restrictions on the number of purchases which may be charged on an individual Valid Card or Net Banking Facilities/account during any time period, rejection of payments from Customers with a prior history of questionable charges, unusual monetary value of Transaction, etc. Further, as a security measure, PPSL may at its sole discretion block any card number, account numbers, group of cards or Transactions from any specific blocked or blacklisted customer cards, accounts, specific, group of IP addresses, devices, geographic locations and / or any such risk mitigation measures it wishes to undertake.
    • If PPSL has reasonable grounds to suspect that a Transaction conducted has been conducted in breach of this Agreement or is a disputed or fraudulent Transaction, against the Participating Banks or any Customer, or PPSL , PPSL shall be entitled to suspend / withhold the payments of such Transaction(s), pending enquiries by the Participating Bank and/or resolution of such issues. Provided further that:
      • If settlement has already been made to the Entity for a fraudulent or disputed Transaction, then PPSL shall have a right to claim such amount from the Entity and to withhold any further Settlement till the resolution of dispute;
      • If the resolution of the fraudulent or disputed Transaction, results in a Chargeback of such Transaction, the Transaction Amount shall be adjusted from the Settlement Amount due to and being remitted to the Entity, in the manner provided in this Agreement;
      • If there are insufficient funds available for such recovery, PPSL shall make a claim on the Entity for such Transaction Amount; which, the Entity on receipt of the claim from PPSL undertakes to pay to PPSL within two (2) days of the receipt of the claim from PPSL.
    • Neither Party shall for any reason whatsoever store any data relating to the Transactions except for Transaction tracking.
    • Both Parties shall ensure that there are proper encryption and security measures at their respective websites/mobile apps /billing systems to prevent any hacking into information pertaining to transactions contemplated under this Agreement. Entity accept all liabilities with respect to any compromise or unauthorized use or disclosure or access to the data generated during the Transactions. Entity shall ensure that adequate information and data security infrastructure and systems for prevention and detection of frauds are in place and shall establish a mechanism for monitoring, handling and follow-up of cyber security incidents and breaches.
    • Parties have agreed, while Transactions are under process and at the stage of verifying/authentication, Entity shall cooperate and promptly reply to the issues raised by PPSL for confirmation related to customer order prices, charges and fulfillment thereof which are offered through the Entity’s Website/Mobile Application. In the event of any loss being caused as a result of breach of the above, the loss shall be to the account of the Entity only and Entity shall also indemnify PPSL from any loss/damages arising out of any claim by any party including Entity, Participating Banks, Facility Provider, etc.
    • In availing the bill/premium collection and the settlement service, the Parties declare, assure and undertake to abide by the relevant laws and security standards/ regulations/ requirements/guidelines which would be applicable to the conduct of the Transactions contemplated under this Agreement, including, without limitation (a) regulatory provisions as may be applicable from time to time, (b) security measures and resultant hardware/ software upgrade consequent upon upgrade of systems and procedures with a view to ensuring security of transactions; and (c) maintenance, protection, confidentiality and such other requirements with respect to transaction as may be imposed by any regulatory or standards authority including pursuant to PCI-DSS, as applicable, and any modifications to or replacements of such programs that may occur from time to time.
    • In processing the transactions, PPSL shall be entitled to rely upon all electronic communications, orders or messages sent to PPSL and PPSL shall not be obliged to verify or make further inquiry into the identity of the sender, or the message integrity, of any communications, orders or messages. The Entity shall in no circumstance dispute such reliance by PPSL. Provided that if PPSL were to employ any security measures, PPSL shall not be bound by or obliged to act on any electronic communications, orders or messages received online from the Entity or the Customer which do not properly utilize PPSL’s security measures as may be applicable from time to time.
    • The Entity shall, keep complete and accurate records in connection with the Services. All the said records shall be kept on file by the Entity for a period as required under applicable laws from the date the record is made, and in any event, shall not be excised without first having duly and adequately and timely informed PPSL in writing and also providing PPSL with the option of having such records transferred into the custody of PPSL.
    • Entity shall, during all official working hours, allow PPSL, its management, its auditors and/or regulators/RBI, right to inspect, examine and audit the Entity's operations, including its security practices and control processes, and all documentary records regarding the Transactions under the terms of this Agreement which PPSL may require Entity to provide for any reasons under applicable law/regulations.
    • On receipt of a reasonable notice from PPSL /regulator/authority, the Entity shall provide access to and make available to any of PPSL’s officers / employees/ management or internal / external auditors/ regulators of PPSL, the necessary records for inspection / examination / audit, and co-operate to the fullest extent in order to provide clarification on any activities and to assure a prompt and accurate audit according to the scope of the Agreement. The Entity shall also co-operate in good faith with PPSL to cure any audit practices which are found to be deficient as a result of any such audit, within a reasonable time after receipt of PPSL’s report. Cost of such audits or reviews will be borne by Entity.
    • Entity recognizes the right of regulators and PPSL including but not limited to NPCI /RBI’s right to inspect / cause an inspection of information security practices implemented under the terms of the Agreement by one or more of its officers or employees or other persons under applicable jurisdiction.
    • PPSL's audit rights shall survive expiration or termination of this Agreement for the period required under applicable Laws and Regulations.
    • PPSL will make all reasonable efforts to provide uninterrupted services subject to down time and regular maintenance. However, notwithstanding anything in this Agreement PPSL, the Participating Banks and the Facility Providers disclaim all warranties, express or implied, written or oral, including but not limited to warranties of merchantability and fitness for a particular purpose. Entity acknowledges that PPSL, the Facility Providers services may not be uninterrupted or error free or free from any virus or other malicious, destructive or corrupting code, program or macro. PPSL shall adopt such technical and non-technical security measures that it considers are appropriate to render the services under this Agreement, however, PPSL does not guarantee that such security measures cannot be subverted to gain unauthorized access. Entity also acknowledges that the services provided by the Participating Banks, Facility Providers to PPSL which is passed on to Entity under this agreement, can be in any event be brought to an abrupt end in any event whatsoever by any of the Participating Banks, Facility Providers for any reason whatsoever.
    • PPSL’s sole obligation and Entity’s sole and exclusive remedy in the event of interruption to the Services or loss of use and/or access to PPSL’s Website, the Facility Providers facilities and Payment Mechanism and services, shall be to use all reasonable endeavors to restore the Services and/or access to the Payment Mechanism as soon as reasonably possible.
    • Without prejudice to any other provision of this Agreement, PPSL, the Facility Providers Participating Banks do not warrant that: -
      • PPSL’s Website and services, the Facility Providers facilities Payment Mechanism will be provided uninterrupted or free from errors or that any identified defect will be corrected; or
      • is free from any virus or other malicious, destructive or corrupting code, program or macro.
    • For the avoidance of doubt, in no event shall PPSL, the Facility Providers Participating Banks be liable to Entity or any other third party for any of the following:
      • amounts due from Customer in connection with any service obtained by the Customer at Entity’s Site;
      • any applicable taxes including but not limited to GST and other government levies.
    • Parties agree that PPSL shall not be liable in case there is any non-conversion of transaction amount/cancellation of EMI services, tenure, scheme provided to the customer by bank on case to case basis.
    • Entity hereby undertakes and agrees to indemnify at all times and hold harmless PPSL, Facility Providers, Participating Banks and NPCI from and against all actions, proceedings, claims, liabilities (including statutory liability), penalties, demands and costs, awards, damages, losses and/or expenses however arising as a result of:
      • any breach of any applicable laws, GST, rules and regulations
      • any breach or non-performance by the Entity of any of the provisions of this Agreement and/or any Schedules, representation and warranties, breach of confidentiality, Intellectual property rights, inaccuracy of Customer Billing information, chargeback and refunds, any fines, penalties or interest imposed directly or indirectly on PPSL on account of Entity under this Agreement and/or any Schedules;
      • any claim or proceeding brought by Entity’s Sub-Merchants/vendors/suppliers, the Customer or any other person against PPSL, in respect of any Goods/Services offered by Entity itself and/or on behalf of its Sub-Merchants; or
      • any act, neglect or default of Entity’s agents, employees, licensees or customers; or
      • any claim by any other party against PPSL, arising from sub-clauses above.
    • Entity shall also fully indemnify and hold harmless PPSL, the Facility Providers and the Participating Banks against any loss, costs, expenses, demands or liability, whether direct or indirect, arising out of a claim by a third party that Entity’s Services infringes any intellectual or industrial property rights of that third party.
    • In the event of PPSL, the Facility Providers and the Participating Banks being entitled to be indemnified pursuant to the provisions of this Agreement, PPSL shall be entitled to accordingly and to such extent debit Entity's Account with PPSL.
    • PPSL, reserves the right to impose limits on the number of purchases and/or the value of purchases which may be charged on an individual Payment Instrument during any time period, and reserves the right to refuse to make payments in respect of Orders exceeding such limit with due notice and information to the Entity. PPSL, also reserves the right to refuse to make payments in respect of Orders from Customers with a prior history of non-payments, questionable charges and any litigation arisen from similar services provided by PPSL to the Customers before and PPSL shall notify the Entity accordingly.
    • PPSL also, reserves the right to impose limits on the number of Transactions and/or the Transaction Amount which may be undertaken by a Customer on the Entity’s Website and/or Mobile Application during the term of this Agreement, and reserves the right to refuse to make Settlement in respect of Transaction exceeding such limit with due notice and information to the Entity.
    • Except for any liability which cannot by law be excluded or limited, neither Party shall be liable for indirect, incidental, special, punitive or consequential damages, including without limitation, damages for loss of profits, business interruption, Interruption or stoppage to the Customer’s access to and/or use of the Paytm Services and the payment and delivery mechanism, loss of goodwill or unauthorized access to information incurred by the other party arising out of, or relating to the use by the Entity of PPSL Services and, whether framed as a breach of warranty, in tort, contract, or otherwise even if a Party has been advised of the possibility of such damages.
    • Notwithstanding anything stated under this Agreement, the aggregate liability of PPSL to the Entity or any other party from any and all causes whatsoever shall not in any and all event(s) together exceed the sum equivalent to the preceding one month’s aggregate TDR margin/Convenience Fees earned by PPSL under this Agreement, from the date of occurrence of such liability.
    • In no event PPSL shall be liable to the Customers or any third party
    • Entity itself and/or on behalf of its Sub-Merchants shall provide a commercially reasonable level of customer support to Customers. Such support shall include appropriate notice to Customers of (i) a means of contacting Entity in the event the purchaser has questions regarding the nature or quality of the Goods/Services that Entity offers for sale and (ii) procedures for resolving disputes, sorting / handling complaints, refund / failed transactions, return policy, customer grievance redressal (including turnaround time for resolving queries), dispute resolution mechanism, reconciliation, etc. If PPSL or any of the Facility Providers or any of the Participating Banks determines in good faith that Entity's failure to comply with this paragraph is causing an unacceptable burden on its customer support facilities, PPSL may suspend or terminate this Agreement as per provisions provided in this Agreement.
  • Bribes, Gifts, Entertainment, Favors and Payments
    • The Parties herein confirm that they shall not offer any gifts, payments, services, or other favors to the employees, personnel of the other Party where these would, or might appear to improperly influence the employee in performing his or her duties for such Party. Consistent with each Party’s requirement that all business conducted adheres to applicable laws and regulations, the use of bribes, secret compensation or kickbacks is strictly prohibited.
    • Each Party shall ensure that itelf and its and agents involved (if any) in the performance of this Agreement will comply with all applicable laws including anti-bribery, money laundering etc.
    • Entity itself and/or on behalf of its Sub-Merchants hereby agrees and confirms that they shall comply with PPSL Anti-Bribery and Corruption Policy in this regard and that PPSL and its agents shall have required internal policies to ensure such compliances. PPSL undertake that they shall procure compliance with such policies and procedures by its officers, directors and employees (if any) as involved in the performance of this Agreement.
  • Certain Payment modes like UPI Auto-Pay, E-Nach, Paytm EMI etc. are governed by additional terms and conditions which are applicable. Please read the Agreement and additional terms carefully while opting for such services.
  • Prohibited Goods/Services

    PPSL services cannot be used for the list of prohibited goods / services as set out in the agreement with you. These services include but are not limited to the services below. Further, you represent and warrant that you will not undertake the following business activities, and further understand the right of PPSL to discontinue its services, in cases where prohibited goods/services/activities are found to be undertaken by you:

    (i)Adult Goods and services which includes pornography and other sexually suggestive materials (including literature, imagery and other media); escort or prostitution services; (ii) Alcohol which includes Alcohol or alcoholic beverages such as beer, liquor, wine, or champagne; (iii) Body parts which includes organs or other body parts; (iv) Bulk marketing tools which includes email lists, software, or other goods enabling unsolicited email messages (Spam); (v) Cable descramblers and black boxes which includes devices intended to obtain cable and satellite signals for free; (vi) Child pornography which includes pornographic materials involving minors; (vii) Copyright unlocking devices which includes Mod chips or other devices designed to circumvent copyright protection; (viii) Copyrighted media, which includes unauthorized copies of books, music, movies, and other licensed or protected materials; (ix) Copyrighted software, which includes unauthorized copies of software, video games and other licensed or protected materials, including OEM or bundled software; (x) Counterfeit and unauthorized Goods which includes replicas or imitations of designer Goods; items without a celebrity endorsement that would normally require such an association; fake autographs, counterfeit stamps, and other potentially unauthorized Goods;

    PPSL may also specify additional prohibited and negative categories of Business based on different instruments which are enabled.

New ideas are brought to life at Paytm everyday.
Read all about it on our Blog.