Please read the following terms and conditions carefully before registering, accessing, browsing, downloading or using the Site (defined below). By accessing or using the Site or by using the Service (defined below), you agree to be bound by these terms and conditions set forth below including any additional guidelines and future modifications. If at any time you do not agree to these terms and conditions or do not wish to be bound by these terms and conditions, you may not access or use the site and immediately terminate your use of the services.
Your Agreement to these Terms and Conditions for availing Service
The Terms and Conditions (as may be amended from time to time, the “Agreement”) is a legal contract between you being, an individual customer, user, or beneficiary of this service of at least 18 years of age, and ROCKET INTERNET (PayKio.com) having its registered office at MB-1 Ground Floor Shakarpur Extn. New Delhi -110092 India and Nepal Office – Rocket Internet , Ward No 7 , Dingnagar Tilotama Rupendehi Nepal . All services are rendered by Rocket Internet through its platform under the brand name ‘PayKio’. Hence all the rights, benefits, liabilities & obligations under the following terms & conditions shall accrue to the benefit of Rocket Internet. (together with its subsidiaries and other affiliates, “us”, “We” or “PayKio”), regarding your use of our prepaid mobile/DTH recharge purchasing services to purchase prepaid mobile/DTH recharge (known as “Recharge”) or Services regarding Closed Wallet of online PayKio Marketplace or such other services which may be added from time to time (all such services are individually or collectively are referred as Service or Services as they case may be).
Service can be used by you subject to your adherence with the terms and conditions set forth below including relevant policies. PayKio reserves the right, at its sole discretion, to revise, add, or delete portions of these terms and conditions any time without further notice. You shall re-visit the “Terms & Conditions” link from time to time to stay abreast of any changes that the “Site” may introduce.
The services are not available to persons under the age of 18 or to anyone previously suspended or removed from the services by PayKio. By accepting these Terms & Conditions or by otherwise using the Services or the Site, You represent that You are at least 18 years of age and have not been previously suspended or removed from the Services. You represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. You shall not impersonate any person or entity, or falsely state or otherwise misrepresent identity, age or affiliation with any person or entity.
We are a Reseller Only. PayKio does not provide mobile service and is only a reseller of prepaid mobile services by telecommunications service providers or the providers of such prepaid recharge (the ‘Telco’ or ‘Telcos’) or other distributors or aggregators of such Telco’s. PayKio is not a warrantor, insurer, or guarantor of the services to be provided by the Telco’s. Recharge sold by us to you is sold without recourse against us for any breach of contract by the Telco. Any disputes regarding the quality, minutes provided, cost, expiration, or other terms of the Recharge purchased must be handled directly between You (or the recipient of the Recharge) and the Telco.
In order to use the Service, you may need to obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must have all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
PayKio and/or the PayKio business partner reserve the right to charge and recover from the User, fees for availing the Services. These changes shall be effective from the time they are posted on to the PayKio Website or over the PayKio business partner channel through which you are availing the Service. You are bound by such revisions and should therefore visit the PayKio Website or check with the PayKio business partner channel through which you are availing the Service to review the current fees from time to time. In the event that you stop or seek a reversal of the Payment Instructions as may have been submitted, PayKio shall be entitled to charge and recover from you and you shall be liable to pay such charges to the Bill Payment Service as may be decided by PayKio. These charges shall be charged on to your designated Payment Account or in any other manner as may be decided by PayKio.
PayKio offers a convenient and secure way to make payments towards identified Biller(s) using a valid Payment Account.
Depending upon the PayKio business partner through whom the Service is availed by you (i) the specific features of the Service may differ (ii) the number of Billers available over the Service can differ (iii) the type and range of Payment Accounts that can be used to issue a Payment Instructions can differ and (iv) the modes/devices over which the Service can be accessed can differ; and (v) the charges, fees for availing the Service or any aspect of the Service can differ. Specific details related to these aspects would be available with the PayKio business partner or the channel over which the Service is being availed.
From time to time, PayKio, at its sole discretion, can add to or delete from such list of Billers or types of Payment Accounts that can be used in respect of making payments to a Biller. In any event (i) the type and range of Payment Accounts that can be used for making payments may differ for each Biller depending on Biller specifications (ii) there may be an additional fees/charge when using certain types of Payment Accounts in respect of a Biller; and (iii) the terms upon which a payment can be made to a Biller can differ depending on whether a Card or a Bank Account is used to issue the Payment Instruction. Further depending on the specific facilities allowed by a PayKio business partner, payments to a Biller can be made either (a) by issuing a Payment Instruction for an online debit/charge to a Payment Account; or (b) by scheduling an automated debit to a Payment Account. In using the Bill Payment Service, you agree to:
Provide true, accurate, current and complete information about yourself (“Registration Data”), your Payment Account details (“Payment Data”), your Biller details (“Biller Data”) and
Maintain and promptly update the Registration Data, Payment Data and Biller Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or PayKio has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, PayKio has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). The term biller includes telecom operators.
PayKio assumes no responsibility and shall incur no liability if it is unable to affect any Payment Instruction(s) on the Payment Date owing to any one or more of the following circumstances:
If the Payment Instruction(s) issued by you is/are incomplete, inaccurate, invalid and delayed.
If the Payment Account has insufficient funds/limits to cover for the amount as mentioned in the Payment Instruction(s)
If the funds available in the Payment Account are under any encumbrance or charge.
If your Bank or the NCC refuses or delays honoring the Payment Instruction(s)
If payment is not processed by biller upon receipt.
Circumstances beyond the control of PayKio (including, but not limited to, fire, flood, natural disasters, bank strikes, power failure, systems failure like computer or telephone lines breakdown due to an unforeseeable cause or interference from an outside force)
In case the bill payment is not effected for any reason, you will be intimated about the failed payment by an e-mail. NOTWITHSTANDING ANYTHING TO THE CONTRARY, OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION (WHETHER LIABILITY ARISES DUE TO NEGLIGENCE OR OTHER TORT, BREACH OF CONTRACT, VIOLATION OF STATUTE, MISREPRESENTATION OR FOR ANY OTHER REASON), WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, FOR USING THE PORTION OF THE SERVICES OR THE SITE GIVING RISE TO THE CAUSE OF ACTION OR FIVE THOUSAND RUPEES (RS.5000), WHICHEVER IS LESSER.
Coupon redemption is purely subjected to standard and specified terms and conditions mentioned by the respective retailer. Coupons are issued on behalf of the respective retailer. Hence, any damages, injuries, losses incurred by the end user by using the coupon is not the responsibility of PayKio. Total cashback for a user cannot be more than 50% of his payments or Rs 10,000, whichever is higher. This main T&C of PayKio supersedes any offer related to PayKio.
By accepting the terms and conditions the customer accepts that PayKio may send the alerts to the mobile phone number provided by the customer while registering for the service or to any such number replaced and informed by the customer. The customer acknowledges that the alerts will be received only if the mobile phone is in ‘On’ mode to receive the SMS. If the mobile phone is in ‘Off’ mode then the customer may not get / get after delay any alerts sent during such period.
PayKio will make best efforts to provide the service and it shall be deemed that the customer shall have received the information sent from PayKio as an alert on the mobile phone number provided during the course of ticket booking and PayKio shall not be under any obligation to confirm the authenticity of the person(s) receiving the alert. The customer cannot hold PayKio liable for non-availability of the service in any manner whatsoever.
The customer acknowledges that the SMS service provided by PayKio is an additional facility provided for the customer’s convenience and that it may be susceptible to error, omission and/ or inaccuracy. In the event the customer observes any error in the information provided in the alert, PayKio shall be immediately informed about the same by the customer and PayKio will make best possible efforts to rectify the error as early as possible. The customer shall not hold PayKio liable for any loss, damages, claim, expense including legal cost that may be incurred/ suffered by the customer on account of the SMS facility.
The customer acknowledges that the clarity, readability, accuracy, and promptness of providing the service depend on many factors including the infrastructure, connectivity of the service provider. PayKio shall not be responsible for any non-delivery, delayed delivery or distortion of the alert in any way whatsoever.
The customer agrees to indemnify and hold harmless PayKio and the SMS service provider including its officials from any damages, claims, demands, proceedings, loss, cost, charges and expenses whatsoever including legal charges and attorney fees which PayKio and the SMS service provider may at any time incur, sustain, suffer or be put to as a consequence of or arising out of (i) misuse, improper or fraudulent information provided by the customer, (ii) the customer providing incorrect number or providing a number that belongs to that of an unrelated third party, 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 schedule, delay, and/or rescheduling from PayKio and/or the SMS service provider.
Customer also agrees to receive information regarding what PayKio perceives to be of their interest based on usage history via SMS, email & phone call. This includes offers, discounts and general information. In case the customer does not want such information, they have to explicitly ask to be excluded.
By accepting the terms and conditions the customer acknowledges and agrees that PayKio may call the mobile phone number provided by the customer while registering for the service or to any such number replaced and informed by the customer, for the purpose of collecting feedback from the customer regarding their travel, the facilities and/or services of the operator.
Grievances and claims related to the journey should be reported to PayKio support team within 10 days of your travel date.
Use of Site
You understand that except for information, products or services clearly indicated as being supplied by the PayKio, we do not operate, control, or endorse any information, products or services on the Internet in anyway. You also understand that PayKio cannot and does not guarantee or warrant that files available for downloading through the Site will be free of viruses, worms or other code that may be damaging. You are responsible for implementing procedures to satisfy your particular requirements and for accuracy of data input and output.
By using the Services you agree not to:
use the Services for any purposes other than to purchase Recharge of Telcos and/or to access the Services in accordance with these Terms and Conditions and as such services are offered by PayKio
impersonate any person or entity, falsely claim or otherwise misrepresent an affiliation with any person or entity, or access the accounts of others without permission, forge another persons’ digital signature, misrepresent the source, identity, or content of information transmitted via the Services, perform any other similar fraudulent activity or otherwise purchase Recharge 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 Services if You are under the age of eighteen (18) without a parental sponsor or in any event use the Services if You are under the age of thirteen (13) years old even with a parental sponsor and in accordance with applicable law
post or transmit any message which is libelous, defamatory or which discloses private or personal matters concerning any person
post or transmit any message, data, image or program which is pornographic in nature
refuse to cooperate in an investigation or provide confirmation of Your identity or any other information You provide to PayKio
remove, circumvent, disable, damage or otherwise interfere with security-related features of the Services and the Site or features that enforce limitations on the use of the Services
reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Services or any part thereof, except and only to the extent that such prohibition is expressly prohibited by applicable law notwithstanding this limitation
use the Services in any manner that could damage, disable, overburden, or impair it, including, without limitation, using the Services in an automated manner
modify, adapt, translate or create derivative works based upon the Services and the Site or any part thereof, except and only to the extent that such prohibition is expressly prohibited by applicable law notwithstanding this limitation
intentionally interfere with or damage operation of the Services 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 Site without prior written permission
interfere or disrupt this Site or networks connected to this Site
take any action that imposes an unreasonably or disproportionately large load on our infrastructure/ network
use any device, software or routine to bypass the Site’s robot exclusion headers, or interfere or attempt to interfere, with the Services
forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our Site or to manipulate your presence on our Site
sell the Services, information, or software associated with or derived from it
use the facilities and capabilities of the Site 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 PayKio agreement or policy
provide false, inaccurate or misleading information
use the Site to collect or obtain personal information, including without limitation, financial information, about other users of the Site
purchase Recharge with what PayKio reasonably believes to be potentially fraudulent funds
use the Services in a manner that results in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties and other liability to PayKio, a third party or You
use the Services in a manner that PayKio 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 PayKio to lose any of the Services from its service providers, Telcos, payment processors or other suppliers
send automated request of any kind to the Site’s system without express permission in advance from PayKio.
All sales of Recharge are final with no refund or exchange permitted. You are responsible for the mobile number or DTH account number you purchase Recharge for and all charges that result from those purchases. PayKio is not responsible for any purchase of Recharge for an incorrect mobile number or DTH account number. However, if in a transaction performed by you on the Site, money has been charged to your card or bank account and a Recharge is not delivered within 24 hours of your completion of the transaction then you may inform us by sending an email to our customer services email address mentioned on the Contact Us page. Please include in the email the following details – the mobile number (or DTH account number), operator name, Recharge value, Transaction date and Order Number. PayKio shall investigate the incident and if it is found that money was indeed charged to your card or bank account without delivery of the Recharge then you will be refunded the money within 21 working days from the date of receipt of your email. All Refunds will be credited to your Closed Wallet. You can trigger a request in your PayKio Wallet to transfer the money from your PayKio Wallet back to source. It will take 3-21 days for the money to show in your bank account depending on your bank’s policy.
Termination; Agreement Violations
You agree that PayKio, 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 Services and remove and discard all or any part of your account, your user profile, or your recipient profile, at any time. PayKio may also in its sole discretion and at any time discontinue providing access to the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services or any account you may have or portion thereof may be effected without prior notice, and you agree that PayKio will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies PayKio may have at law or in equity. Upon termination for any reason, you agree to immediately stop using the Services.
Limitation of Liability and Damages
In no event will PayKio or its contractors, agents, licensors, partners, suppliers 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 services, the site or any reference site, or (iii) your use or inability to use the services, the site (including any and all materials) or any reference sites, even if PayKio or a PayKio authorized representative has been advised of the possibility of such damages. NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN NO EVENT WILL PAYKIO’S OR ANY OF ITS CONTRACTORS, DIRECTORS, EMPLOYEES, AGENTS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LIABILITIES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO (I) THIS AGREEMENT, (II) THE SERVICES, (III) YOUR USE OR INABILITY TO USE THE SERVICES OR THE SITE (INCLUDING ANY AND ALL MATERIALS) OR ANY REFERENCE SITES, OR (IV) ANY OTHER INTERACTIONS WITH PAYKIO, HOWEVER CAUSED AND WHETHER ARISING IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING THE PORTION OF THE SERVICES OR THE SITE GIVING RISE TO THE CAUSE OF ACTION OR FIVE THOUSAND RUPEES (RS.5000), WHICHEVER IS LESSER. You acknowledge and agree that PayKio 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 PayKio, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and PayKio. PayKio would not be able to provide the services to you on an economically reasonable basis without these limitations.
You agree to indemnify, save, and hold PayKio, its affiliates, contractors, employees, officers, directors, agents and its third party suppliers, licensors, 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 your use or misuse of the Services or of the Site, any violation by you of this Agreement, or any breach of the representations, warranties, and covenants made by you herein. PayKio reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify PayKio, including rights to settle, and you agree to cooperate with PayKio’s defense and settlement of these claims. PayKio 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, PayKio and its third-party partners, licensors, and suppliers disclaim all warranties, 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 PayKio or through the services or the site will create any warranty not expressly stated herein. You expressly acknowledge that as used in this section, the term “PayKio” includes PayKio’s officers, directors, employees, shareholders, agents, licensors, subcontractors and affiliated companies. You acknowledge that PayKio is a reseller of Mobile recharges and is not liable for any 3rd party (telcos & suppliers) obligations due to rates, quality, and all other instances, whether to any such telco’s subscribers or otherwise. You expressly agree that use of the services and the site is at your sole risk. It is your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the site or on the internet generally. We do not warrant that the service will be uninterrupted or error-free or that defects in the site will be corrected. The services and the site 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. PayKio, and its third party suppliers, licensors, and partners do not warrant that the data, PayKio software, functions, or any other information offered on or through the services, the site or any reference sites will be uninterrupted, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected. PayKio and its third party suppliers, licensors, and partners do not warrant or make any representations regarding the use or the results of the use of the services, the site or any reference sites 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 services, the site or any reference sites at your own discretion and risk and that you will be solely responsible for any damage to your property (including your computer system and device) 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 PayKio 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 site.
Ownership; Proprietary Rights
The Services and the Site are owned and operated by PayKio and/or third party licensors. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of the Services and the Site provided by PayKio (the “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 PayKio, all Materials, trademarks, service marks, and trade names contained on the Site are the property of PayKio and/or third party licensors or suppliers. You agree not to remove, obscure, or alter PayKio 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 Services. Except as expressly authorized by PayKio, 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. PayKio reserves all rights not expressly granted in this Agreement. If you have comments regarding the Services and the Site or ideas on how to improve it, please contact customer service. Please note that by doing so, you hereby irrevocably assign to PayKio, and shall assign to PayKio, all right, title and interest 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
PayKio reserves the right to change, modify, add, or remove portions of this Agreement (each, a “change”) at any time by posting notification to the Site 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 payment transactions initiated after the posting date. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services. For certain changes, PayKio may be required under applicable law to give you advance notice, and PayKio will comply with such requirements.
PayKio may provide you with notices and communications by email, regular mail or postings on the Site or by any other reasonable means. Except as otherwise set forth herein, notice to PayKio must be sent by courier or registered mail to Rocket Internet at MB-1 Ground Floor Shkarpur Extn. New Delhi -110092 India and Branch Office – Rocket Internet , Ward No 7 , Dingnagar Muncipali Tilotama Rupendehi Nepal
The failure of PayKio 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 PayKio.
Governing Law and Forum for Disputes
any claim or dispute either party may have against ther other under these term shall be subject to the exclusive jurisdiction of the courts located in New Delhi, India.. This Agreement shall be governed by the laws of India, without giving effect to any principles of conflicts of law
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.
This Agreement, and any rights granted hereunder, may not be transferred or assigned by you without our prior written consent which may be withheld in our sole discretion, but may be assigned by us to our affiliates without restriction as a part of any business reorganisation. Any assignment attempted to be made in violation of this provision shall be void and of no effect.
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, do not constitute a part of these Terms and Conditions, and will not be deemed to limit or affect any of the provisions hereof.
This is the entire agreement between you and PayKio relating to the subject matter hereof and will not be modified except in writing, signed by both parties, or by a change to this Agreement made by PayKio in accordance with the terms of this Agreement.
As PayKio is a site/platform/network owned by Rocket Interne. hence all the rights, benefits, liabilities & obligations under the following terms & conditions shall accrue to the benefit of Rocket Internet .
“Customer” “or” “you” mean a person who has registered with PayKio for availing the PayKio Wallet and who has accepted these Terms and Conditions and, owns/operates/has access to an internet compatible device that supports the PayKio Wallet.
“PayKio Wallet” or “PayKio Wallet” means the pre-paid payment instrument issued by PayKio including Basic Account and Prime Account.
“Charge(s)” or “Service Charge” shall mean the charges which PayKio may levy upon you in consideration for subscribing to the PayKio Wallet.
“Person-to-Person Transfer” refers to a facility to transfer funds from a PayKio Wallet to any other PayKio Wallet issued by PayKioNot permitted to transfer any savings or current bank account.
“Merchant Establishment” shall mean and include physical Merchants, remote Merchants and any other outlet that has been authorized by PayKio to accept payment using PayKio Wallet.
“Enrollment Form” shall mean the PayKio Wallet Enrollment Form, as is required by PayKio from the Customer at the time of Registration for availing and / or continuation of the PayKio Wallet.
“As per RBI Guideline person cannot transfer Closed wallet Fund to Bank Account RBI direction on Issuance and Operation of Pre-paid Payment Instruments in India (Reserve Bank) Directions, 2009 as amended and supplemented by the RBI from time to time.
“Password” means the secret password used to secure PayKio Wallet applications, without knowledge of which your PayKio Wallet will not be operable.
“Transaction” means Person-to-person transfer or purchase of goods or services at Merchant establishments or equivalent amount of money-in PayKio Wallet, if goods or services not available.
“RBI” means the Reserve Bank of India.
Any information provided to PayKio with the intention of securing PayKio Wallet shall vest with PayKio, and may be used by PayKio, for any purpose consistent with any applicable law or regulation, at its discretion.
If the particulars provided by you in the KYC documents do not match with the details mentioned in the Enrollment Form, then PayKio has the right to forfeit the balance amount in your wallet.
General Conditions of PayKio Wallet
You may recharge your PayKio Wallet at through any of the methods mentioned at www.secure.PayKio.in. The list of recharge outlets and methods of recharging PayKio Wallet are subject to change at the discretion of PayKio without prior intimation to the Customer.
You may note that withdrawing money from PayKio Wallet is not allowed.
PayKio Wallet are not transferable.
The maximum monetary value that can be stored at any point of time in a PayKio Wallet is INR 1,00,00 INR Ten Thousand only).T he maximum monetary value that can be transferred from one PayKio Wallet Account to other PayKio Wallet in a single transaction is INR 5,000/- (INR Five Thousand only). The maximum monetary value that can be transferred from one PayKio Wallet Account to other PayKio Wallet in a single month is INR 25,000/- (INR Twenty Five Thousand only). Subject to guidelines/notifications issued by RBI from time to time these limitations may be reviewed and modified at the discretion of PayKio without prior intimation to the Customer.
PayKio reserves the right to suspend/discontinue PayKio Wallet Services to you at any time, for any cause, including, but not limited, to the following-
For any suspected violation of the rules, regulations, orders, directions, notifications issued by RBI from time to time or for any violation of the terms and conditions mentioned in this document
For any suspected discrepancy in the particular(s), documentation or Enrollment Form provided by you;
To combat potential fraud, sabotage, willful destruction, threat to national security or for any other force majeure reasons etc;
If the same is due to technical failure, modification, upgradation, variation, relocation, repair, and/or maintenance due to any emergency or for any technical reasons.
If the same is due to any transmission deficiencies caused by topographical and geographical constraints/limitations;
If the mobile connection with which your PayKio Wallet is related ceases to be operational or in your possession or control.
If PayKio believes, in its reasonable opinion, that cessation/ suspension is necessary.
The value stored on your PayKio Wallet shall NOT be refunded under ANY circumstances and may only be utilized to make payments for bonafide transactions at merchant establishments and Person-to-person transfer or Person-to-bank transfer. No interest will be payable by PayKio on the available balance reflected on the PayKio Wallet.
You are permitted to maintain and operate only one PayKio Wallet. Any suspected non-conformity with this requirement shall be just cause for the suspension/ discontinuation of any/all Wallets associated with you by PayKio.
Wallet Charges & Validity
You shall pay the Service Charges prescribed by PayKio in the form and manner prescribed for such payment. PayKio may at its discretion, change, amend, increase, or reduce the Service Charges without prior intimation to the Customer.
Any value in your PayKio Wallet that is utilized towards making payments for any Transaction shall be automatically debited from your PayKio Wallet. PayKio’s responsibility is limited to the debiting of your PayKio Wallet and the subsequent payment to any Merchant Establishment that you might transact with. PayKio does not endorse, promote, champion or warrant any goods and/or services that might be bought/availed or proposed to be bought/availed using PayKio Wallet.
PayKio reserves the right to levy charges/ charge commission upon any amounts loaded upon your PayKio Wallet or any amounts spent/utilized by you using PayKio Wallet.
PayKio reserves the right to set off any balance in your Wallet in order to recover funds for transactions processed as per your request.
Wallet Expiry and Balance Forfeiture
At present, PayKio does not expire the wallet or forfeits the balance amount in PayKio Wallet
PayKio Wallet availability is subject to the maintenance of an active mobile phone or internet connection with an associated telecom provider. PayKio Wallet availability is subject to the maintenance of a mobile phone handset and other application on which Services run and the Customer is solely responsible for all liability arising from the unavailability of Services due to a mobile handset or internet service provider not supporting any PayKio Wallet channel or application.
You must ensure the availability of sufficient funds before executing any Transaction from your PayKio Wallet.
You shall be solely responsible for the confidentiality, safety and security of the Password. You shall be the sole owner of the Password and shall be responsible for the consequences arising out of disclosure of the Password and/or the unauthorized use of PayKio Wallet. In case the Password is lost or misplaced, you shall promptly inform PayKio by calling at the customer care numbers where after the Password will be barred and a new Password will be issued to you after necessary validation. In case the mobile phone/ SIM card associated with your PayKio Wallet is lost/stolen/misplaced/ no longer in your control, you shall promptly inform PayKio. PayKio will upon receipt of such information block the relevant account.
You shall only use PayKio Wallet for all Transactions with the specific Merchant Establishment for the products/services available therein. The list of Merchant Establishments is available at www.PayKio.com and is subject to change at PayKio’s discretion without prior intimation.
You shall intimate PayKio about change in your address, if any, in writing along with such proof of address as per the KYC documents.
You shall not use PayKio Wallet for any purpose that might be construed as contrary or repugnant to any applicable law, regulation, guideline, judicial dicta, PayKio policy or public policy or for any purpose that might negatively prejudice the goodwill of PayKio.
You acknowledge and understand that PayKio Wallet are linked to your mobile phone number and you shall be solely responsible for any liability arising out of the loss/ theft / misuse of the mobile phone number or deactivation of mobile connection by the concerned telecom service provider, in respect of the Services.
Information submitted by you for availing PayKio Wallet and/or information submitted while using PayKio Wallet may be shared with third parties by PayKio, inter alia, to facilitate the provision of PayKio Wallet.
You shall ensure that the Services are not used for Transactions in foreign currency. PayKio Wallet is issued & shall be valid only in India and shall be used at Merchant Establishments only in India.
Without limiting the foregoing, you agree that you will not use the PayKio Site to undertake any of the following actions or to display, upload, modify, publish, distribute, disseminate, transmit, update or share any information that:
Is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
Infringes any patent, trademark, copyright or other proprietary rights;
contains viruses, corrupted files, or any other similar software or programs that is designed to interrupt, destroy or that may limit the functionality of any computer source or that may damage or adversely affect the operation of another person’s computer, its web-sites, any software or hardware, or telecommunications equipment;
Advertises or offers to sell any goods or services for any commercial purpose;
is in the nature of promotional services, products, surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;
Violates any law for the time being in force;
Belongs to another person to which you do not have any right to;
Interferes with or disrupts PayKio’s websites, servers, or networks;
Impersonate any other person;
Harm minors in any way;
Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through its websites or to manipulate your presence on its websites;
Engage in any illegal activities;
Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, or causes incitement to the commission of any cognizable offence, or prevents the investigation of any offence or insults any other nation.
You agree to indemnify, defend and hold PayKio and/or related parties harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including and without limitation legal fees and expenses, arising out of or related to your use or misuse of the PayKio Wallet, any violation of these Terms and Conditions, or any breach of the representations, warranties, and covenants made by you.
When you acquire goods, software or any other services from a Merchant Establishment through any of PayKio’s Services, you understand and agree that, PayKio is not a party to the contract between you and the Merchant Establishment. PayKio does not endorse any advertiser or Merchant linked to its website. Furthermore, PayKio is under no obligation to monitor the Merchant Establishment’s service used by you; the Merchant Establishment alone will be responsible for all obligations under the contract including (without limitation) warranties or guarantees. Any dispute with or complaint against any Merchant Establishment must be directly resolved by the Customer with the Merchant Establishment. It is clarified that PayKio shall not be responsible or liable for any deficiency in goods and/or services purchased using PayKio Wallet. This exclusion of liability shall apply even for goods and/or services made available by PayKio under promotional schemes. You are instructed to satisfy yourself regarding the quality, quantity and fitness of any good and/or service before purchasing the same.
Any amount transferred erroneously by the Customer to any Merchant Establishment shall not be refunded to the Customer by PayKio in any circumstances.
Any web-link on the PayKio Site to a third party site is not an endorsement of that web-link. By using or browsing any such other web-link, you shall be subject to the terms and conditions in each such web-link.
In the event of any dispute, PayKio records shall be binding as the conclusive evidence of the Transactions carried out through use of PayKio Wallet.
PayKio shall send all customer communications by SMS and/or email and the SMS shall be deemed to have been received by you after they have been submitted for delivery to the mobile phone operator.
You agree to receive all commercial message including transactional messages from PayKio.
Amendment of Terms, Platform
PayKio reserves the right to amend, modify, change, add or terminate (collectively “Changes”) the Terms, the Site or the Platform/Network at any time in its sole discretion. Your continue use of the Site or the Platform/Network shall be deemed your acceptance of any such Changes. You should make sure you view these Terms periodically to make sure you are familiar with the most recent version of them.
PayKio may modify, terminate and/or suspend PayKio Wallet to the Customer anytime with or without prior notice, due to any changes in internal policies, rules, regulations and laws set by relevant authorities/regulators.
Any amendment of these Terms & Conditions proposed by you shall not be effective unless it shall be reduced to writing through amendment form and accepted by PayKio. Amendments made under this clause shall be deemed to be a part of these Terms & Conditions and in case of any contradiction the amendment form shall prevail. The terms and conditions herein shall be subject to the notifications/ guidelines issued by RBI, from time to time.
Eligibility and Registration to Use the Services
You must be 18 years old to use PayKio. You must be an authorized representative with the authority to bind that company or entity to these Terms. You agree to provide accurate, current and complete information about yourself or your company as prompted by our registration form (including your email address) and maintain and update your information (including your email address) to keep it accurate, current and complete. We reserve the right to terminate any account or your use of the Site or the Platform/Network if any information provided by you is false, fictitious, inaccurate, not current or incomplete, with or without notice to you.
You will be issued a user id and password to access your account. You must keep password confidential and not share it with any other person. You are responsible for all activity on your account, whether or not you authorized it. However, if you become aware of any unauthorized use of your account or your user id and password, please contact us immediately.
Compliance with Law
The PayKio Wallet is governed by per RBI direction on Issuance and Operation of Pre-paid Payment Instruments in India (Reserve Bank) Directions, 2009 (as amended and supplemented from time to time) and is also subject to directions / instructions issued by the RBI from time to time in respect of redemption, repayment, usage etc. PayKio will not be responsible or liable for any violation by you of applicable law, regulation, or guideline. You hereby declare that your name does not, at anytime, appear in the consolidated list of terrorist Individuals/ organizations as circulated by the RBI from time to time.
Privacy of communication is subject to the terms of the certificate of authorization granted by the RBI and RBI notifications/directives etc. You specifically agree that in order to facilitate the provision of PayKio Wallet, PayKio may be required to disclose any information or particulars pertaining to you to any authority, statutory or otherwise.
Rocket Internet shall have the right to assign/transfer these presents to any third party including its holding company, subsidiaries, affiliates, associates group companies.
Intellectual Property Rights
We, or our licensors, own all right, title and interest, including, but not limited to all copyright, trademark, patent, trade secret or other proprietary rights (“IP Rights”), in and to the Site, the Platform, the Usage Data. You shall not reproduce, distribute, transmit, modify, create derivative works, display, perform or otherwise use the Site, the Platform or any of the IP Rights, or attempt to reverse engineer, decompile, disassemble, or derive the source code for the Platform or use the Platform or Site to create a competing product. PayKio is owned by Rocket Internet Communications Ltd. Unauthorized use is strictly prohibited. All rights are expressly reserved to PayKio.
WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, THE PLATFORM/NETWORK AND SERVICES OFFERED. WE EXPRESSLY DISCLAIM THE IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE. We provide the Site, the Platform/Network and any other technology and services on the Site on an “as is”, “where is”, “with all faults” basis. We do not warrant that the Site or the Platform any products and services shown or described on the Site, or other technology and services will be uninterrupted, error-free, available or operational at any particular time, or that any known defects will be corrected.
Waiver and Release
To the maximum extent permitted by law, you waive, release, discharge and hold harmless Rocket Internet, its affiliated and subsidiary companies, and each of their directors, officers, employees, and agents, from any and all claims, losses, damages, liabilities, expenses and causes of action arising out of your use of the Platform / PayKio Wallet.
Consent to Electronic Communications and Transactions
By registering to use the Site, below, you consent to conduct transactions and receive communications, notices and information from us electronically, whether sent by e-mail or other electronic means. Electronic communications shall be deemed to have been received by you when We send the electronic communication to the email address/mobile number that as per our records, or when We post the electronic communication on the PayKio Site. The requirements for such electronic transactions and communications following: you must have access to the Internet, mobile web, applications and a valid e-mail address. You can withdraw your consent at any time by contacting us, but We reserve the right to terminate your account upon such withdrawal. Withdrawal of your consent will not affect the legal validity and enforceability of any notice, statement or disclosure previously received electronically. You agree to notify us promptly if your email address or other contact information changes by updating your account information or contacting us.
Limitation of Liability
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, NEITHER ROCKET INTERNET, NOR ITS AFFILIATED COMPANIES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR ANY RELATED PARTY SHALL HAVE ANY LIABILITY TO USERS OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE OR PROFITS ARISING UNDER OR RELATING TO THESE TERMS, THE SITE OR THE OFFERINGS, EVEN IF ANY OF SAID PARTIES HAD BEEN ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION (WHETHER LIABILITY ARISES DUE TO NEGLIGENCE OR OTHER TORT, BREACH OF CONTRACT, VIOLATION OF STATUTE, MISREPRESENTATION OR FOR ANY OTHER REASON), WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, FOR USING THE PORTION OF THE SERVICES OR THE SITE GIVING RISE TO THE CAUSE OF ACTION OR FIVE THOUSAND RUPEES (RS.5000), WHICHEVER IS LESSER.
Choice of Law and Dispute Resolution
These Terms shall be governed by, and construed in accordance with, the laws of India, without reference to principles of conflicts of law. The parties agree that the courts of New Delhi shall have exclusive jurisdiction over any dispute arising from or relating to these Terms, the Platform/Network or the Site. You expressly consent to the personal jurisdiction of said courts and waive any objection to such personal jurisdiction based on forums non convenience or any other basis.
The parties are independent contractors and nothing in these Terms shall be deemed to create an agency or employment relationship, a franchisor-franchisee relationship, joint venture or partnership. These Terms constitute the entire agreement between you and us regarding its subject matter and supersede all prior and contemporaneous undertakings and agreements between the parties, whether written or oral, with respect to that subject matter. Should any provision of these Terms be deemed unenforceable or invalid, the other provisions of these Terms shall remain in full force and effect. You cannot assign the Terms or delegate your obligations under these Terms without the express written consent of PayKio. The prevailing party in any action relating to these Terms shall be entitled to recover its reasonable legal fees, costs and disbursements incurred in connection therewith from the non- prevailing party.
The customer has the right to register his complaint if he is not satisfied with the services or finds attitudinal deficiencies when dealing with agents/ staff or finds system errors or sees gaps between standards of service promised and actual service rendered by the company.This mechanism is exclusively dedicated for customer complaint redressal.
Acknowledgement of Grievances & redress on Complaints:
CSD will acknowledge the grievance immediately on the receipt of complaint and initiate action to have the grievance resolved within a maximum period of three weeks on extraordinary cases with auto reply in either cases.
The customer will also be kept informed of the action taken, the progress while redressing grievances, and/or, the reasons for delay if any, in redressing.
Complaints received by e-mail shall be acknowledged by an immediate system generated response or via individual emails to the extent possible.
The follow up action taken in respect of such complaints shall be advised to customers by e-mail.