Use of the Paytm Insurance Broking Services
Please read the following terms and conditions (“T&Cs”) carefully before registering on, accessing, browsing, downloading or using the insurance self-network platform (i.e. website/ mobile application) with the url: www.paytminsurance.co.in or mobile application Paytm (hereinafter, the Paytm ISNP) run by Paytm Insurance Broking Private Limited (Registration No. 700. IRDAI Direct Insurance Broker Code - IRDA/DB 795/19. Valid till 16/02/2023), a direct broker duly registered with the Insurance Regulatory and Development Authority of India, having its registered office: 136, 1st Floor, Devika Tower, Nehru Place, NEW DELHI, South Delhi, Delhi, 110019 and corporate office at B-121, Ground Floor, Sector 5, Noida, 201301 (hereinafter, Paytm) on any device and/or before availing any services offered by Paytm on the Paytm Platform (hereinafter individually, and collectively, the Paytm Services). For the avoidance of doubt, it is clarified that these terms and conditions shall apply to all Paytm Services offered by Paytm.
- By registering on, accessing, browsing, downloading or using the Paytm ISNP for any general purpose or for the specific purpose of availing any Paytm Service, You agree to be bound by the service-specific terms and conditions applicable to each Paytm Service (hereinafter collectively, the T&Cs). These T&Cs shall also include any additional or modified terms and conditions in relation any additional or modified service-specific terms and conditions in relation to any Paytm Service or any future service that may be offered by Paytm on the Paytm ISNP.
- By registering on, accessing, browsing, downloading or using (as applicable) the Paytm ISNP 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 ISNP and immediately terminate availing the Paytm Services.
- Accepting or agreeing to the T&Cs will constitute a legal contract between You, being at least 18 years of age, an individual or corporate user of the Paytm ISNP or a customer or beneficiary of the Paytm Services, and Paytm.
- All services are rendered by Paytm through the Paytm ISNP under the brand name “Paytm Insurance Broking Private Limited” (or any derivatives or variations thereof). Consequently, all the rights, benefits, liabilities and obligations under the T&Cs shall, as the case may be, accrue to the benefit of, or incurred by, Paytm, regarding Your use of Paytm Services, from time to time.
- Paytm Services shall be used/availed 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 Paytm ISNP and/or avail the Paytm Services.
- Purchase of any insurance product through the Paytm Platform by You is purely voluntary and is not linked to availing of any other facility/ services/ products from One97 Communication Limited.
- The Paytm Services are not available to persons under the age of 18 or legally disqualified entities or to anyone previously suspended or removed by Paytm from availing the Paytm Services or accessing the Paytm ISNP.
- By accepting the T&Cs or by otherwise using the Paytm Services on the Paytm ISNP, You represent that You are at least 18 years of age or are an entity legally established and operating under the applicable law 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 ISNP. In addition, You represent and warrant that You have the right, authority and capacity to enter into these T&Cs and to abide by all the T&Cs.
- Finally, You shall not impersonate any person or entity, or falsely state or otherwise misrepresent Your identity, age, details or affiliation with any person or entity. In the event of any violation of the T&Cs, Paytm reserves the right to suspend or permanently prevent You from availing Paytm Services or using the Paytm ISNP.
- The Paytm Services are not intended for use by minors. Paytm strongly encourages parents and guardians to consider using parental control tools to help provide a child-friendly online environment and to supervise the online activities of their minor children.
- Before you enter into a contract of general insurance, you have a duty under the law to disclose every matter that you know or could reasonably be expected to know, that is relevant to the insurer’s decision whether to accept the risk of insurance and if so, on what terms. You have the same duty to disclose those matters before you renew, extend, vary or reinstate a contract of insurance.
- If you fail to comply with your duty of disclosure, the insurer may be entitled to repudiate or reduce its liability under the contract in respect of a claim or may cancel the contract. If your non-disclosure was fraudulent, the insurer may also have the option of voiding the contract from the beginning (i.e. treating it as if it never existed).
- Information regarding the full extent of your duty of disclosure is contained in your policy wording and should be read carefully at any point in your insurance transaction including when your policy is renewed, extended, varied or reinstated.
- Every contract of insurance is subject to the doctrine of utmost good faith, which requires that the parties to the contract should act toward each other with the utmost good faith. Failure to do so on your part may prejudice any claim or the continuation of cover provided by Insurers.
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 ISNP. You agree to abide by such other terms and conditions, including where applicable representing that You are of sufficient legal age or legally qualified 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 ISNP or for any Paytm Service offered on or through the Paytm ISNP, the latter terms shall control with respect to Your use of that portion of the Paytm ISNP or the specific Paytm Service.
- Paytm may make changes to any Paytm Services offered on the Paytm ISNP, or to the applicable terms for any such Paytm Services, at any time, without notice. The materials on the Paytm ISNP with respect to the Paytm Services may be out of date, and Paytm makes no commitment to update the materials on the Paytm ISNP with respect to such Paytm Services.
Your Account & Log-in Agreement
- For the use of Paytm’s log-in service, the user must register.
- Registration as a user is only allowed if the user meets the eligibility criteria as set out in these T&Cs.
- Each user can set up only one user account.
- The user is obliged to provide correct and complete information during the registration and use of the log-in service.
- The login data is intended solely for personal use by the user and therefore always to be kept secret and safe.
- The user is not entitled to share his login details with third parties to use the log-in service or to disclose them otherwise.
- The user is obliged to inform Paytm immediately on becoming aware of and/or suspecting a case of any unauthorized use, disclosure and/or misuse of their access data or of their user account.
- The user also agree to ensure to log out from your account on the Paytm ISNP at the end of each session. Paytm shall not be liable for any loss or damage arising from your failure to comply with this clause. Furthermore, the user is obliged not to use the user account of another person.
- Submission of the duly completed registration form by the user simply provides invitation to us to make an offer to enter into the agreement on the use of our log-in service (hereinafter the Log-in Agreement). Our offer for the conclusion of the Log-in Agreement is then effected by the fact that Paytm sends the user a confirmation/activation code by e-mail/ text message. By the User clicking on this confirmation link/ using the activation code, the User accepts Paytm’s offer, so that in this way the Log-in Agreement enters into force. Conclusion of the Log-in Agreement may, also be effected through other communication modes and following such processes which help achieve the same purpose as the aforementioned e-mail confirmation/ process.
- Paytm is entitled to reject users without giving reasons. The user guarantees that the data submitted for their user account (and any other information that is otherwise left for Paytm) are in all respects complete, true, accurate and not misleading.
- Any changes to user’s data should be promptly updated correctly in its account. In consideration of use and access of the Paytm ISNP, you represent that you will only use the Paytm ISNP to make legitimate purchases for yourself.
- If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Paytm has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Paytm has the right to suspend or terminate your account and refuse any and all current or future use of the Paytm ISNP.
- Paytm reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion. Notwithstanding the above, we retain the right at our sole discretion to deny access to anyone to the Paytm ISNP and the Paytm Services, at any time and for any reason, including, but not limited to, for violation of these T&Cs.
- You will adhere to the terms and conditions of purchase imposed by any service provider with whom you chose to deal, including without limitation, payment of all amounts when due and compliance with the service providers rules and restrictions regarding use of products, and/or services. You agree that any violation of any such service providers rules and restrictions may result in cancellation of your purchase(s), in your being denied access to the applicable service(s), in your forfeiting any monies paid for such services, and/or in our debiting your account for any costs we incur as a result of such violation.
By accepting the T&Cs, You accept the following:
- Paytm may send alerts to the mobile phone number/email address provided by You while registering with the Paytm ISNP for the Log-in service or on any updated mobile number/email address subsequently provided by You on the Paytm ISNP. 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. If the mobile phone is in ‘Off’ mode or if the e-mail servers or ids are not functional, then You may not get the alert at all or get delayed messages.
- Paytm will make best efforts to provide alerts via SMS/e-mail and it shall be deemed that You shall have received the information sent from Paytm as an alert on the mobile phone number or e-mail id provided during the course of, or in relation to, using the Paytm ISNP or availing any Paytm Services. Paytm shall not be under any obligation to confirm the authenticity of the person(s) receiving the alert. You cannot hold Paytm liable for non-availability of the SMS/email alert services used by Paytm in any manner whatsoever.
- The foresaid alert service provided by Paytm 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 communication through other legal permissible service.
- The clarity, readability, accuracy and promptness of providing the SMS/e-mail alert service depend on many factors including the infrastructure and connectivity of the service provider. Paytm 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 Paytm 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.
Use of Paytm Platform
By accepting the T&Cs, You accept the following:
- You agree and acknowledge that Paytm is only collecting or assisting in collecting the premium on behalf of the insurer chosen by you to avail the insurance product. The acceptance of the deposit as premium and final issuance of the insurance policy is subject to the underwriting norms and discretion of the Insurer on which Paytm has no control, and that product information is solely based on the information received from the insurers.
- The insurance products available on the Paytm ISNP are developed, owned, operated and serviced by the respective insurance companies and are being offered or made available to you by Paytm, through the Paytm ISNP, Paytm being a composite insurance broker duly registered with the Insurance Regulatory and Development Authority of India. For more details on risk factors, terms and conditions, please read the sales brochure/customer information sheet/policy wordings of a particular plan carefully before concluding a sale. For more details on a plan, please refer to the policy wordings of the particular plan or reach out to us on 0120 - 4242890 or email@example.com or the respective insurer.
- By purchasing the insurance product, you: a) hereby explicitly give consent to Paytm for sharing your details such as name, age, date of birth, gender, email Id, correspondence/ billing address, GSTIN etc. (“Personal Information”) with the insurers for the purpose of providing the insurance products under these T&Cs, for fulfilling the purposes of these T&Cs and for fulfilling their compliance requirements in accordance applicable laws. b) consent to the use of the Personal Information available on the Paytm ISNP, including all data you provide to Paytm to be communicated to insurers, for the purpose of provision of the insurance products. You also consent to the information being stored in the servers of Paytm, insurers and/or their service providers/partners.
- You understand that Paytm cannot and does not guarantee or warrant that files available for download through the Paytm ISNP 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.
- Paytm does not control or endorse the content, messages or information found in any insurance products provided by insurers and merely acts as an insurance broker. Therefore, we specifically disclaims any liability with regard to the insurance products and services offered by insurers and any actions resulting from your participation in such products and services, and you agree that you waive any claims against Paytm relating to same, and to the extent such waiver may be ineffective, you agree to release any claims against Paytm relating to the same.
- We encourage all our customers to read the insurance policy document carefully and avail the free look facility in case the terms and conditions of the insurance policy document don’t match your insurance requirements.
- Further, you understand that once you place a cancellation request within the free look period, the policy gets cancelled and entire premium is refunded to you subject to deduction of (i) charges pertaining to medical tests conducted (ii) administrative and service cost like stamp duty etc. and; (iii ) charges for mortality for the period the policy was in force. Please note such deduction is at the sole discretion of the insurer.
- In case of a refund of premium due to an erroneous transaction or cancellation of the insurance policy, the premium paid for an insurance policy will be refunded via cheque or direct credit as per the policy of the insurance company, that you have chosen to buy the product from.
- We will not be liable for any non-compliance or delay in compliance with any of the obligations we assume under any contract when caused by events that are beyond our reasonable control (“Force Majeure”). Force Majeure shall include any act, event, failure to exercise, omission or accident that is beyond our reasonable control, including, among others, the following: Strike, lockout or other forms of protestCivil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war. Fire, explosion, storm, flood, earthquake, collapse, epidemic or any other natural disaster. Inability to use public or private transportation and telecommunication systems. Acts, decrees, legislation, regulations or restrictions of any government or public authority including any judicial determination. Our obligations deriving from any contracts should be considered suspended during the period in which Force Majeure remains in effect and we will be given an extension of the period in which to fulfil these obligations by an amount of time we shall communicate to you, not being less than the time that the situation of Force Majeure lasted.For change in law specifically, we reserve our rights to suspend our obligations under any contract indefinitely, and / or provide the Paytm Services under revised terms and conditions.
- You agree and acknowledge that for undertaking any financial transactions through the Paytm ISNP, Paytm may undertake client/customer due diligence measures and seek information required for know your client (KYC) purposes which as a customer you are obliged to give, while facilitating your request of insurance requirements with the insurers, in accordance with applicable prevention of money laundering laws and rules.
- Paytm may obtain sufficient information to establish, to its satisfaction or the insurance company, the identity of each new customer, and the purpose of the intended nature of insurance relationship between you and the insurers.
- You agree to ensure that any payment of insurance premium is remitted only through legally permitted mode of payment and subject to arrangements made by the insurers for collection of the same.
- Insurance is a subject matter of solicitation and the insurance policy issued to you is based on your contract with the insurer.The insurer underwriting the particular insurance product purchased/ serviced through the Paytm ISNP is solely responsible for settling any claim thereunder or taking any decisions on claim settlements. By its operation of the Paytm ISNP or otherwise, Paytm is only acting in the capacity of an insurance broker and does not, in any circumstances, underwrite any insurance business or partake in the conduct of insurance business.
- Paytm is not an agent, corporate agent or intermediary representing the insurers, whose products are dealt with in the Paytm ISNP. Paytm is also not a sub-agents or sub-intermediaries of the agents and intermediaries of the respective insurers.
- Although Paytm endeavour is made to make correct policy/product comparisons, quotes, features, etc., based on the information provided by the insurers, Paytm, its directors, shareholders, officers, employees and point of sale persons are in no way responsible to or liable to any user for his/her decision to purchase an insurance policy or any investment decision, and every prospect/ policyholder shall be solely responsible for the consequences of his/her decision. Tax benefits under the policy will be as per the prevailing income tax laws and are subject to amendments from time to time. For tax related queries/ implications, please contact your independent tax advisor.
- Remuneration payable to PIBL on the Plans/ Products offered on the Paytm Platform are subject to the limits specified under the IRDAI (Payment of Commission or Remuneration or Reward to Insurance Agents and Insurance Intermediaries) Regulations, 2016, as amended from time to time. Please visit https://www.irdai.gov.in for more details.
- For information on buying insurance, standard claim procedures / documentation, dos and don’ts,general alerts, dealing with intermediaries and FAQs – please visit IRDAIs customer education website - http://www.policyholder.gov.in/
- Your attention is drawn to Section 41 of the Insurance Act, 1938, which is in the following terms: “(1) No person shall allow or offer to allow, either directly or indirectly, as an inducement to any person to take out or renew or continue an insurance in respect of any kind of risk relating to lives or property in India, any rebate of the whole or part of the commission payable or any rebate of the premium shown on the policy, nor shall any person taking out or renewing or continuing a policy accept any rebate, except such rebate as may be allowed in accordance with the published prospectuses or tables of the insurer: Provided that acceptance by an insurance agent of commission in connection with a policy of life insurance taken out by himself on his own life shall not be deemed to be acceptance of a rebate of premium within the meaning of this sub-section if at the time of such acceptance the insurance agent satisfies the prescribed conditions establishing that he is a bona fide insurance agent employed by the insurer. (2) Any person making default in complying with the provisions of this section shall be liable for a penalty which may extend to ten lakh rupees.”
- For Motor insurance products- You hereby explicitly give consent to Paytm, to link to third parties portal in order to search relevant information regarding your vehicle(s) details based on the vehicle registration number/data provided by you to Paytm. While doing so you are aware and agree that such third parties may search for your vehicle details from other related available data sources. By doing so, Paytm is not directly or indirectly, implying any association, sponsorship, endorsement, or affiliation with any such linked portals. Paytm does not warrant the correctness of such information, offerings, the content of such portals or security thereof and shall not be held responsible for same. Paytm disclaims any responsibility or liability for the actions, products, services and content of such third parties/their portal(s). You should carefully review any such information at your end and You accept that any linking to such third party portal(s) and information therefrom is for your own benefit and at your own risk, cost and liability.
- IRDAI is not involved in activities like selling insurance policies, announcing bonus or investment of premium. If you receive any such phone calls, then, please lodge a complaint with police.
- For online payment Standing Instructions: In the event You choose to pay your premiums through standing instructions, You expressly agree to abide by the following terms:
- By submitting the e-mandate, You hereby agree to avail the auto debit e-mandate facility and hereby express your unconditional consent to authorize Paytm to facilitate through its service provider(s) and their banking partners to debit your account (bank/ credit card etc.) with the amount of renewal premium due under your policy on due dates mentioned in the policy contract and settle it directly to your concerned insurance company.
- You authorise Paytm/ its service providers and their banking partners to communicate your account number and any other account details (as may be necessary) to concerned Insurance companies for the specific purpose of recovering your renewal premium payments through a debit instruction to your account.
- You authorise your mentioned bank/card issuing bank to debit your account if your auto debit e-mandate is active.
- You hereby declare that the particulars/details in auto debit e-mandate are correct and complete.
- You agree that due renewal premium amount to be debited from your account may vary due to taxes, other statutory levies and policy terms, as may be applicable from time to time.
- Your auto debit e-mandate shall remain active until you give a written request for cancellation of auto debit e-mandate.
- You undertake to keep sufficient funds in the account mentioned in the e-mandate as on the date of execution of debit.
- You understand that information provided by you may be shared with third parties/service providers/banks/card providers etc. for compliance with any legal or regulatory requirements.
- You agree that the risk under the policy will be assumed by insurance company only after your account is debited with the amount of the renewal premium and concerned insurance receives the same.
- You agree that in the event your credit card account expires, or is not renewed by you for any reason, or the auto debit fails for any other reason, you shall be responsible to ensure that any renewal premium amount payable by you to the insurance company through any of the prevailing modes of payment.
- You agree to timely submit revised e-mandate, to avoid any non-payment of any due renewal premium amount, in case of closure of your account (bank/credit card etc.) for other reason whatsoever.
- Non-receipt of renewal premium(s), owing to any reason whatsoever, may result your policy to lapse, subject to the terms and conditions of your policy contract.
- You agree that if the transaction is delayed or not effected at all for reasons of incomplete or incorrect information, you shall not hold Paytm/ its service providers and their banking partners responsible for same.
- You understand and accept that the transaction will be effected on the policy on the due date (provided the day is working day).
- You agree to discharge the responsibility expected of you as policyholder(s) under the policy and undertake to take full responsibility of correctness of the details filled herein.
- You agree that, in any case deduction from your account (bank/ credit card etc.) is not successful in the first attempt, 02 (two) more retries will be executed on your account (bank, credit card etc.) for same.
- You agree that in the event of the Bank/card issuer being unable to debit your account for want of sufficient funds or for any other reason, your insurance company shall be entitled to deal with your policy in the manner as described in the policy provisions, unless the payment is ensured to be received by any alternate mode on or before the specified date by you. You further agree and confirm that Paytm/ its service providers and their banking partners shall not be held liable by you in such cases.
- You agree that in the event of any violation by you of any undertaking confirmed herein, Paytm/ its service providers and their banking partners and also insurance company shall be entitled to invoke remedies available to it as per applicable laws.
- You agree that, without prejudice to any rights of Paytm/ its service provider and their banking channel partners, You will indemnify and hold Paytm/its service provider and their banking channel partners harmless against any and all liability, costs and expenses that may be incurred by the Paytm/ its service provider and their banking channel partners arising out of any acts of omission or commission or negligence on your part.
- Paytm reserves the right to withdraw this facility without assigning any reason whatsoever.
By registering on, accessing, browsing, downloading 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;
- use the Paytm Services if you are disqualified/ prohibited under any applicable law from using/availing the same;
- use the Paytm Services, if your use of the Paytm Services shall violate any applicable laws.
- 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, vulgar or offensive in nature; belongs to another person and which you do not own the rights to; harmful, harassing, blasphemous defamatory, obscene, pedophilic, invasive of anothers privacy; hateful, racially or ethnically objectionable, disparaging of any person; relates to or seems to encourage money laundering or gambling; harm minors in any way; infringes any patent, trademark, copyright or other proprietary rights; violates any law in India for the time being in force; deceives or misleads the addressee about the origin of your message; communicates any information which is grossly offensive or menacing in nature; impersonates another person; contains software viruses and malicious programs; threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order; incites any offence or prevents investigation of any offence or insults any other nation;
- 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 ISNP or features that enforce limitations on the use of the Paytm Services or the Paytm ISNP;
- reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of as regards Paytm Services or Paytm ISNP or any part thereof, except and only to the extent this is expressly permissible by applicable law;
- use the Paytm Services or the Paytm ISNP in any manner that could damage, disable, overburden, or impair it, including, without limitation, using the Paytm Services or the Paytm ISNP in an automated manner;
- modify, adapt, translate or create derivative works based upon the Paytm Services and the Paytm ISNP 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 ISNP 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 ISNP without prior written permission;
- interfere or disrupt the Paytm ISNP or networks connected to the Paytm ISNP;
- 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 ISNP’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 ISNP or to manipulate Your presence on the Paytm ISNP;
- sell the Paytm Services, information, or software associated with or derived from it;
- use the facilities and capabilities of the Paytm ISNP to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others;
- breach these T&Cs, the Log-in 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 ISNP to collect or obtain personal information, including without limitation, financial information, about other users of the Paytm ISNP, 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 its partners, including mobile operators or telecom companies, payment processors or other suppliers;
- send automated request of any kind to the Paytm ISNP without express permission in advance from Paytm.
- make any commercial use of any of the information provided on the Paytm ISNP.
Termination; Agreement Violations
- Paytm 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 ISNP 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 Paytm may have under law or in equity. Upon termination for any reason, You agree to immediately stop using the Paytm Services/Paytm ISNP.
Limitation of Liability and Damages
- In no event, Paytm 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) these T&Cs; (ii) the Log-in Agreement; (iii) the Paytm Services, the Paytm ISNP or any reference site/app/platform/service; (iv) insurance products purchased/ serviced through the Paytm ISNP; or (v) Your use or inability to use the Paytm Services, the Paytm ISNP (including any and all materials) or any reference sites/app/platform/service, even if Paytm or a Paytm authorized representative has been advised of the possibility of such damages.
- In no event, Paytm or its directors, employees, point of sale persons, contractors, consultants will be liable to You for any damages, liabilities, losses, and causes of action arising out of or relating to: (i) these T&Cs; (ii) the Log-in Agreement; (iii) the Paytm Services, the Paytm ISNP or any reference site/app/platform/service; (iv) insurance products purchased/ serviced through the Paytm ISNP; or (v) Your use or inability to use the Paytm Services, the Paytm ISNP (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 INR 5,000/-.
- You acknowledge and agree that Paytm offers the insurance products of insurers and its services and has entered into these T&Cs in reliance upon the warranty disclaimers and the limitations of liability set forth herein and 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, Paytm’s liability will be limited to the fullest extent permitted by applicable law. This paragraph shall survive the termination of these T&Cs.
- You agree to indemnify, save, and hold Paytm, its directors, employees, officers and point of sale persons 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 insurance products purchased through the Paytm ISNP or of the Paytm ISNP; (ii) any violation by you of these T&Cs, Paytm policies or any other terms applicable to you; or (iii) any breach of the representations, warranties, and covenants made by you; (iv) any breach of applicable laws by you; (v) any third party claims arising out of reasons attributable to you; (vi) Your use or misuse of the Paytm Services or of the Paytm ISNP; (vii) any violation by You of these T&Cs or the Log-in Agreement; or (viii) any breach of the representations, warranties, and covenants made by You herein.
- Paytm reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Paytm, including rights to settle, and You agree to cooperate with Paytm’s defense and settlement of these claims. Paytm 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 these T&Cs.
Disclaimer; No Warranties
- To the fullest extent permissible pursuant to applicable law, Paytm disclaims 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 Paytm or through the Paytm Services or the Paytm ISNP 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 “Paytm” includes Paytm’s officers, directors, employees and point of sale persons.
- You acknowledge that Paytm is an insurance broker and is not liable for any third party (insurance companies, telecom companies, mobile operators, partners or suppliers) obligations.
- You expressly agree that use of the Paytm Services on the Paytm ISNP is at Your sole risk.
- It is Your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, products and other information provided through the site or on the Internet generally.
- Paytm 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 ISNP 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. Paytm does not warrant that the data, Paytm software, functions, or any other information offered on or through the Paytm Services/Paytm ISNP 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.
- Paytm does not warrant or make any representations regarding the use or the results of the use of the Paytm Services/Paytm ISNP 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 ISNP 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 or service.
- 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 these T&Cs.
Ownership; Proprietary Rights
- The Paytm Services and the Paytm ISNP are owned/facilitated and operated by Paytm.
- 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 ISNP provided by Paytm (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 Paytm, all Materials, trademarks, service marks, and trade names contained on the Paytm ISNP are the property of Paytm or its respective partners.
- You agree not to remove, obscure, or alter Paytm 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 ISNP.
- Except as expressly authorized by Paytm, 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. Paytm reserves all rights not expressly granted in these T&Cs.
- If You have comments regarding the Paytm Services and/or the Paytm ISNP or ideas on how to improve it, please contact our customer service. Please note that by doing so, You hereby irrevocably assign to Paytm, and shall assign to Paytm, 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 these T&Cs
- Paytm reserves the right to change, modify, add, or remove portions these T&Cs (each, a change and collectively, changes) at any time by posting notification on the Paytm ISNP 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 ISNP, 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 ISNP. For certain changes, Paytm may be required under applicable law to give You advance notice, and Paytm will comply with such requirements. Your continued use of the Paytm ISNP following the posting of changes will mean that You accept and agree to the changes.
Paytm may provide You with notices and communications by e-mail, SMS, regular mail or postings on the Paytm ISNP or by any other reasonable means. Except as otherwise set forth herein, any notice to Paytm must be sent by courier or registered mail to “firstname.lastname@example.org”
The failure of Paytm to exercise or enforce any right or provision of these T&Cs will not constitute a waiver of such right or provision. Any waiver of any provision of these T&Cs will be effective only if in writing and signed by Paytm.
If any dispute, controversy or claim arises under these T&Cs or in relation to any Paytm Service or the Paytm ISNP, including any question regarding the existence, validity or termination of these T&Cs (hereinafter Dispute), the parties shall use all reasonable endeavors to resolve such Dispute amicably.
Governing Law and Forum for Disputes
Subject to the Dispute Resolution section above, You agree that any claim or dispute You may have against Paytm must be resolved by a court having jurisdiction in New Delhi, India. You agree to submit to the jurisdiction of the courts located within New Delhi, India, for the purpose of litigating all such claims or disputes. These T&Cs shall be governed by Indian law. This paragraph shall survive termination of these T&Cs.
If any provision of these T&Cs is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from these T&Cs to the minimum extent required, and the remaining provisions will remain valid and enforceable.
Upon termination of these T&Cs, 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.
These T&Cs are the entire agreement between You and Paytm relating to the subject matter hereof and the T&Cs not be modified except by a change to the T&Cs made by Paytm in accordance with the terms of the T&Cs.