Terms of Use

THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF THE INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.

Welcome to https://sevamoney.com/ (“Platform”), owned by Xeva Fintech Private Limited, a company incorporated under the Companies Act, 2013 and having its registered office address at Floor 2, plot 264/265, Vaswani, Chambers, Dr, A.B. Rd, Worli Colony, Mumbai, Mumbai, Maharashtra, India, 400030 (hereinafter referred to as “Company”). The Company is, inter alia, engaged in the business of providing remittance powered cards to its customers, that can be used to receive remittances, as well as any other offerings as may be introduced by the Company from time to time.

Please read these terms of use (“Terms”) carefully, as it contains the terms and conditions governing your use of the Platform, any content such as text, data, information, software, graphics, audio, video or photographs that the Company may make available through the Platform and any services that the Company may provide through the Platform. In order to use the Platform, you must first agree to these Terms. By performing an affirmative action and thereafter, accessing the Platform, you agree and undertake that you are giving a free, specific, informed, unconditional and unambiguous consent to the Company, agreeing to these Terms and concluding a legally binding contract with the Company for the purposes specified herein. Please do not access or use the Platform if you do not agree with any of the terms provided herein or are unable to be bound by them. As a condition of your access to and use of the Platform, you hereby agree that you will comply with all applicable laws and regulations when using the Platform.

The Company reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms, at any time and will notify you upfront whenever there is a change in these Terms, as the case may be, by email, if you are a registered user, or by posting a conspicuous notice on the Platform in the event of any material revisions to these Terms. Your acceptance of the revised Terms and thereafter, use of the Platform following the posting of changes shall be deemed to mean that you accept and agree to the revisions made to these Terms. As long as you comply with these Terms, the Company grants you a personal, revocable, non-exclusive, non-transferable, non-sub-licensable and limited license to access and use the Platform. You should read these Terms and access and read all further linked information, if any, referred to in these Terms, as such information contains further terms and conditions that apply to you as a user of the Platform. Such linked information including but not limited to the Company’s privacy policy (“Privacy Policy”), which is hereby incorporated by reference into these Terms.

If you are unwilling or unable to be legally bound by these Terms, please do not give your consent or use the Platform. You cannot accept these Terms if: (a) you are not lawfully entitled to use the Platform; or (b) if you are less than 18 (Eighteen) years of age.

In these Terms, unless the context or meaning otherwise requires all capitalised words and expressions defined by inclusion in quotation and/or parenthesis anywhere in these Terms, have the same meanings as ascribed to such words and expressions.

1. ELIGIBILITY

Use of the Platform is available only to natural persons who can enter into legally binding contracts under the Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872, including minors, un-discharged insolvents and persons of unsound mind are not eligible to use the Platform. Any person under the age of 18 (eighteen) or with disability shall not register on the Platform and shall not transact on or use the Platform. If a minor or person with disability wishes to use or transact on the Platform, such use or transaction may be made by a verifiable consent by the minor/person with disability’s legal guardian or parents on the Platform. Any minor or person with disability accessing, using or transacting on the Platform in violation of these Terms shall be doing so at their own risk and the Company shall not be responsible or liable for any activities or interactions of such minor or person with disability on the Platform. The Company reserves the right to terminate any person’s membership and/or refuse to provide such person with access to the Platform if it is brought to the notice of or if the Company discovers for itself that such person is not eligible to use the Platform.

2. ACCEPTANCE OF TERMS

2.1. In order to use the Platform, any individual who visits and/or uses the Platform (“you”) must first agree to these Terms and be bound by them while using the Platform and related services. You can accept these Terms by:

2.1.1. Logging onto the Platform by using the Login Credentials or such other credentials as may be communicated to you by the Company from time to time;
2.1.2. Actual usage of the Platform, in which case, you understand and agree that the Company will treat your use of the Platform as acceptance of this Terms from that point onwards;
2.1.3. By clicking to accept these Terms, if and when prompted on the Platform.

3. OPENING AN ACCOUNT

3.1. If order to avail the services offered on the Platform as a recipient of the Remittance Services and as a Card user within India (“Receiver”), you will have to create an account (“Account”) by signing up to the Platform. Without an Account, the Platform allows only limited and restricted access to the Platform for Receivers.

3.2. An Account can be created by providing/using the following: (a) your cell phone number with one time password; or (b) such other login credentials that are adopted by the Company from time to time and duly intimated to you, for setting up an Account on the Platform. Upon entering the required details, you may either receive a One Time Password (OTP) through email or Short Message Service (SMS) messages for the purpose of verification of your Account, and upon completion of verification, the Account is created and is ready for use.

3.3. While signing-up on the Platform, you shall not:
3.3.1. create an Account in anyone else’s name other than yourself;
3.3.2. use an Account that is the name of another person with the intent to impersonate that person; and
3.3.3. create more than one Account on the Platform.

3.4. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with this provision.

4. USERNAME AND PASSWORD

4.1. Once registered as a Receiver, in order to log into the Account on the Platform, you will be required to provide the following: (a) the cell phone number with one time password; or (b) such other login credentials that are adopted by the Company from time to time and duly intimated to you for logging into the Account on the Platform, used at the time of signing-up (“Login Credentials”).

4.2. You shall be solely responsible for maintaining confidentiality of the Login Credentials, and you hereby accept responsibility for all activities on the Account authenticated through the Login Credentials, whether authorized or not. You agree to keep Login Credentials confidential and secure, and you shall not give or make Login Credentials available, directly or indirectly, to any unauthorized individual. You acknowledge and agree that if you allow, whether through action or inaction, a person to gain access to the Login Credentials, with or without permission, you are authorizing that person to use the Platform through the Account, and you shall be responsible for all actions that result from such access, even if you did not want the actions performed, and even if they are unauthorized or fraudulent. The Company shall not be held liable in any manner whatsoever for lack of any such authorization whilst creating or using the Account.

4.3. The Company cannot and will not be liable for any loss or damage arising from or arising out of your use of the Platform, theft of the Login Credentials, use of the Login Credentials or release of the Login Credentials to a third party or your authorization to allow another person to access and use the Platform using the Account.

4.4. In case of any misappropriation or unauthorised access of the Account, you agree to communicate the same to the Company immediately. You shall further ensure that you log in and exit/logout from the Account at the end of each session or at the time indicated by the Company. The Company shall not be liable for any loss or damage arising from your failure to comply with this provision. You may be held liable for losses incurred by the Company or visitor of the Platform due to authorised or unauthorised use of the Account, as a result of your failure in keeping the Login Credentials confidential.

4.5. You agree that the information provided by you to the Company, at all times (including during registration), will be true, accurate, up-to-date, and complete. You further agree that if you provide any information that is untrue, inaccurate, not up-to-date or incomplete or becomes untrue, inaccurate or incomplete or if the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not up-to-date, incomplete or not in accordance with this Terms, the Company shall have the right to indefinitely suspend or terminate or block access to the Account on the Platform and refuse to provide you access to the Platform. You are advised to use due caution when providing any information to the Company accordingly.

5. PRODUCTS AND SERVICES

5.1. The transfer of funds from senders located outside India to Receivers (“Remittance Services”) is facilitated by third-party Money Transfer Operators (“MTOs”) who are duly authorized under the Foreign Exchange Management Act, 1999 (“FEMA”), the Money Transfer Service Scheme (“MTSS”) Guidelines, the Rupee Drawing Arrangement (“RDA”) Guidelines, and other applicable laws and regulations prescribed by the Reserve Bank of India (“RBI”). The Company is not a MTO and by itself does not provide, process, or facilitate the remittance of funds in any capacity.

5.2. The Company acts solely as the technical partner of the issuer of prepaid payment instruments (“Card”) to Receivers. The role of the Company is strictly limited to:
5.2.1. enabling the issuance of and management of the Card on which remitted funds may be credited by the MTO, the sender or the Receiver (as applicable); and
5.2.2. enabling cardholders to use the Card at selected merchants for eligible transactions and benefits.

5.3. The Company does not:
5.3.1. initiate, process, or settle any cross-border remittance transaction; or
5.3.2. control or guarantee the timing, accuracy, or completion of the remittance, including the sending, receipt, or settlement of funds; or
5.3.3. conduct Know Your Customer (“KYC”) or Anti-Money Laundering (“AML”) checks for any remittance transaction. Such compliance for conducting any KYC or AML checks is the sole responsibility of the MTO as per applicable laws..

5.4. The Company shall not be responsible or liable for:
5.4.1. any delay, non-execution, or failure of the remittance transaction, including settlement periods, reversals, or rejections; or
5.4.2. the accuracy or completeness of information provided by the sender or Receiver to the MTO;
5.4.3. any KYC/AML verification, regulatory reporting, or compliance obligations in relation to the remittance, which are the responsibility of the MTO.

5.5. The use of Remittance Services by the Receiver is subject to the separate terms and conditions, privacy policies, and operational procedures of (a) the respective MTO; and (b) the Card issuer entity. You are advised to review and accept such terms before initiating or receiving any remittance. The Company does not control or endorse the terms, policies, or practices of any MTO and/or the Card issuer entity.

5.6. Card Issuance:
5.6.1. The Remittance Services facilitates access to the Card issued and managed by the Card issuer entity. The Company is not a card issuer, payment service provider, or electronic money institution, and does not provide regulated financial services in India.
5.6.2. All Cards are issued to and held by the Receivers and are subject to the terms, conditions, and regulatory requirements of the Card issuer entity and applicable Indian law. The Company shall not be responsible for the performance, functionality, or compliance of the Card or the Card issuer entity.
5.6.3. The use of the Card is subject to the applicable terms and conditions, privacy policies, and regulatory requirements of the Card issuer entity. The Company makes no representation or warranty regarding the acceptance, functionality, or availability of the Card, and shall not be liable for any disputes arising between the Receiver and the Card issuer entity.
5.6.4. The Company does not hold or safeguard client funds for the purpose of loading the Card. Any funds transmitted for the purpose of funding the Card or associated benefits are processed in accordance with the terms of Card issuer entity.

5.7. Third-Party Merchant Services
5.7.1. Some benefits, offers, or services accessible through the use of your Card are provided by independent third-party merchants (“Merchants”) and not by the Company or its banking partners.
5.7.2. The Company does not control, endorse, or guarantee the quality, suitability, safety, or legality of any goods, services, or offers provided by Merchants. Any disputes or issues regarding such goods or services must be resolved directly with the relevant Merchant.
5.7.3. The Company shall not be responsible or liable for any loss, damage, or dissatisfaction arising from your use of or reliance on any Merchant’s goods, services, or offers, even if such benefits are promoted or facilitated through the Company’s Card.

6. ACCURACY OF BILLING AND ACCOUNT INFORMATION

6.1. You agree to provide current, complete, and accurate information at all times, including but not limited to information required by MTOs for KYC verification, card issuance, and account management, as may be requested by the Company or as required under applicable law. You further agree to promptly update your account and other information, including your contact details and any documents required for regulatory compliance, to ensure that your information remains accurate and up to date.

6.2. You acknowledge and agree that the information required for processing remittance transactions, including but not limited to beneficiary details, remittance instructions, and related documentation, is provided directly to the MTO facilitating the remittance. The Company is not responsible for the accuracy, completeness, or timeliness of any information or instructions provided to the MTO for the purposes of remittance, nor for any errors, omissions, or delays arising therefrom. The responsibility for ensuring the correctness of all remittance-related information rests solely with you and the MTO.

6.3. The Company shall not be liable for any loss, delay, or failure in the receipt of remitted funds or the crediting of such funds to your card or account, where such loss, delay, or failure results from inaccurate, incomplete, or erroneous information provided by you or the MTO, or from any act or omission of the MTO in processing the remittance transaction.

6A. FEES

6A.1. Use of the Platform and the associated Card services may be subject to fees and charges, including but not limited to issuance fees, top-up fees, transaction fees, monthly maintenance charges, and inactivity fees. A full and current list of applicable fees is made available on the Platform and/or in your user dashboard. You are responsible for reviewing these fees prior to using the Platform or the Card. We reserve the right to amend our fees and charges at any time by providing notice in accordance with applicable laws and regulations. Changes
will become effective upon the date specified in the notice and will apply to your continued use of the Platform or Card thereafter.

6A.2. You may also incur fees from third parties, such as ATM operators, MTOs, merchants, or mobile service providers. These fees are not controlled by the Company and are your sole responsibility.

7. AGREEMENT TO RECEIVE COMMUNICATION

By way of accepting this Terms, you hereby consent to the receipt of communication from the Company by way of in-app messages, Short Message Service (SMS) messages, WhatsApp, e-mails, promotional and marketing calls and newsletters. These messages, emails and calls could relate to your registration or the transactions that you carry out through the Platform and promotions that are undertaken by the Company.

8. LINKS TO THIRD PARTY WEBSITES

The Platform may contain links and interactive functionality interacting with the website of third parties. The Company is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such websites. Before enabling any sharing functions to communicate with any such website or otherwise visiting any such website, the Company strongly recommends that you review and understand the terms and conditions, privacy policies, settings, and information-sharing functions of each such third-party website.

9. USE OF THE PLATFORM

9.1. You agree, undertake and covenant that, during the use of the Platform, you shall not host, display, upload, modify, publish, transmit, store, update or share any information that:
9.1.1. belongs to another person and to which you do not have any right;
9.1.2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another person’s privacy, insulting or harassing on the basis of gender, hateful or racially or ethnically objectionable, relating or encouraging money laundering or gambling, or an online game that
causes harm, or promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence, or otherwise inconsistent or contrary to the applicable laws in force in any manner whatsoever;
9.1.3. is misleading in any way;
9.1.4. is harmful to minors;
9.1.5. involves the transmission of “junk mail”;, “chain letters”, or unsolicited mass mailing or “spamming”;
9.1.6. infringes upon or violates any third party’s rights including, but not limited to, any patent, trademark, copyright or other proprietary rights or intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number);
9.1.7. provides instructional information about illegal activities such as violating someone’s privacy, or providing or creating computer viruses;
9.1.8. tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, Account information or information of other visitors of the Platform, bulletins, or other areas of the Platform or solicits passwords or personally identifying information for commercial or unlawful purposes from other visitors of the Platform;
9.1.9. engages in commercial activities without the Company’s prior written consent such as engages in contests, sweepstakes, barter, advertising, etc.;
9.1.10. interferes with another visitor’s use of the Platform;
9.1.11. impersonates another person;
9.1.12. 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 investigation of any offence or is insulting any foreign states;
9.1.13. refers to any Platform or URL that, in the Company’s sole discretion, contains material that is inappropriate for the Platform or any other Platform, contains content that would be prohibited or violates the letter or spirit of this Terms;
9.1.14. deceives or misleads the addressee/users about the origin of the messages or knowingly and intentionally communicates any information which is patently false or misleading or grossly offensive or menacing in nature but may reasonably be perceived as a fact;
9.1.15. is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
9.1.16. contains software viruses or any other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, diminish value of, covertly intercept or steal any system, data or Personal Information of another visitor;
9.1.17. is in the nature of an online game that is not verified as a permissible online game;
9.1.18. is in the nature of advertisement or surrogate advertisement or promotion of an online game that is not a permissible online game, or of any online gaming intermediary offering such an online game; and/or
9.1.19. violates any applicable law for the time being in force.

9.2. You hereby accept full responsibility for any consequences that may arise from your use of the Platform, and expressly agree and acknowledge than in no event and under no circumstances shall the Company be held liable to you for any liabilities or damages resulting from or arising out of your use of the Platform. You shall not use anyone else’s account at any time.

9.3. You agree and acknowledge that you shall not use the Platform for any illegal or unauthorized purpose/activities. You agree to comply with all applicable laws pertaining to your use of the Platform. You further agree and acknowledge that you shall use the Card provided to you only for your personal use and not for business purposes.

9.4. The Company shall have the right, but not the obligation, to monitor access to or use of the Platform to ensure your compliance with this Terms or applicable laws, at its sole discretion.

10. YOUR POSTS AND REVIEWS

10.1. The Platform may allow you to post certain content, data or information belonging to you, such as reviewing and allowing you to share your experience and views about a particular service provided on the Platform, and rate the services, connect with the customer care of the Company, post your comments and reviews in relation to such services on the Platform, as well as submit/post any suggestions, comments, questions or other information to using the Platform (collectively referred to “User Content”). Provided however that, before being
published on the Platform, such User Content shall be reviewed by the Company to ensure compliance with this Terms and applicable laws.

10.2. You, being the originator of the User Content, are responsible for the User Content that you upload, post, publish, transmit or otherwise make available on the Platform. You represent and covenant that you have obtained all relevant consents and approvals in order to post any User Content and shall not post any content relating to or owned by a third party for the promotion or sale of products of such third party. You further represent that all such User Content will be in accordance with applicable laws. You acknowledge that the Company does not endorse any User Content on the Platform and is not responsible or liable for any User Content. The Company reserves the right to remove any third-party marketing material and disable access to
the User Content on the Platform.

10.3. You hereby grant the Company a perpetual, non-revocable, worldwide, royalty-free and sub-licensable right and license to use, copy, distribute, display, publish, transmit, make available, reproduce, modify, adapt the User Content and create derivate works of the User Content. You represent and warrant that you own or otherwise control all of the rights to the User Content that you post or that you otherwise provide on or through the Platform; and that, as at the date, the User Content posted or submitted on the Platform: (a) is accurate; (b)
does not breach these Terms; and (c) is lawful.

10.4. You further represent and warrant that the User Content shall not contain any offensive, libelous, derogatory, hateful or racially or ethnically objectionable language. Further, the User Content shall not contain anything that is obscene, pornographic, constitutes an “indecent representation of women” as provided in The Indecent Representation of Women (Prohibition) Act, 1986.

11. CONTENT AND INTELLECTUAL PROPERTY RIGHTS

11.1. Other than the trademarks, logos and service marks displayed on the Platform that are the property of other third parties, the Company solely and exclusively owns copyrights, trademarks, service marks, logos, trade names, and other intellectual and proprietary rights associated with the Company’s services provided on the Platform and contents (collectively, “Platform Content”) and is protected under Indian law.

11.2. Through your use of the Platform, by no means are any rights impliedly or expressly granted to you in respect of such Platform Content. The Company reserves the right to change the services and/or the Platform Content (as the case may be) from time to time at its sole discretion.

11.3. You hereby acknowledge that the Platform Content constitute original works and have been developed, compiled, prepared, revised, selected, and arranged by the Company and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of the Company and such others. You thereby agree to protect the proprietary rights of the Company and such others during and after the term of these Terms. You may not selectively download portions of the Platform without retaining the copyright notices. You may download material from the Platform only for your own personal use and for no commercial purposes
whatsoever.

11.4. You shall use the Platform strictly in accordance with these Terms, and shall not, directly or indirectly, (a) decompile, disassemble, reverse engineer, or attempt to derive the source code of, or in any manner decrypt, the Platform; (b) make any modification, adaptation or improvement, enhancement, translation or derivative work from the Platform; (c) violate any applicable laws, rules or regulations in connection with his/her access or use of the Platform, including his/her use of any Platform Content; (d) remove or obscure any proprietary notice (including any notices of copyright or trademark) forming a part of the Platform; (e) use the Platform for any commercial or revenue generation endeavours, or other purposes for which it is not designed or intended; (f) distribute or transmit the Platform or other services; (g) use the Platform for data mining, scraping, crawling, redirecting, or for any purpose not in accordance with these Terms; (h) use the Platform for creating a service or software that is directly or indirectly, competitive with the Platform or any Services; or (i) derive any confidential information, processes, data or algorithms from the Platform.

11.5. Any infringement shall lead to appropriate legal proceedings against You at appropriate forum for seeking all available remedies under applicable laws of the country.

12. REPRESENTATIONS

You hereby represent and warrant that you have validly entered into this Terms and have the legal power to do so. You further represent and warrant that you shall be solely responsible for the due compliance with this Terms.

13. LIMITATION OF LIABILITY

13.1. You hereby acknowledge that the Company shall not be held liable to you for any claims, liabilities, losses, costs or damages including but not limited to special, consequential, incidental, and exemplary or punitive damages, or loss of profit or revenues.
13.2. The Company shall also not be liable under any circumstances for damages arising out of or related in any way to: (a) any errors, mistakes, or inaccuracies of Platform Content; (b) any unauthorized access to or use of the secure servers and/or any and all personal and/or other user information stored therein; (c) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Platform by any third party; (d) any loss of your data arising from any use of or inability to use any parts of the Platform; (e) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Platform, whether based on warranty, contract, tort, or any other legal theory, and whether or not the Company is advised of the possibility of such damages; (f) any act, omission, delay, failure, or deficiency in service, including but not limited to the processing, settlement, or completion of any remittance transaction, by any MTO or any third-party financial service provider, whether or not such MTO or provider is partnered with the Company; and/or (g) any goods, services, benefits, offers, or rewards provided by Merchants, or for any deficiency, non-fulfillment, delay, or dispute relating to such goods, services, or offers, whether or not such Merchant is partnered with the Company.

14. DISCLAIMER OF WARRANTIES

THE PLATFORM AND ALL INFORMATION, CONTENT, MATERIALS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PLATFORM (COLLECTIVELY, “MATERIALS”) ARE PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OR AVAILABILITY OF THE PLATFORM, THE ACCURACY, COMPLETENESS, OR RELIABILITY OF THE MATERIALS, OR THE ACCURACY OF ANY INFORMATION PROVIDED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH THE PLATFORM OR MATERIALS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. THE COMPANY SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR DEVICES OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OR USE OF ANY CONTENT, MATERIALS, DOCUMENTS, OR INFORMATION. YOU EXPRESSLY AGREE THAT YOUR USE OF THE PLATFORM, THE CARD, AND THE MATERIALS IS AT YOUR SOLE RISK. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION REGARDING, AND EXPRESSLY DISCLAIMS ANY LIABILITY FOR: (A) THE ACTS OR OMISSIONS OF ANY MTO, INCLUDING BUT NOT LIMITED TO THE PROCESSING, SETTLEMENT, OR COMPLETION OF ANY REMITTANCE TRANSACTION; (B) THE GOODS, SERVICES, OFFERS, OR BENEFITS PROVIDED BY ANY MERCHANT, INCLUDING ANY DEFICIENCY, NON-FULFILLMENT, DELAY, OR DISPUTE RELATING TO SUCH GOODS, SERVICES, OR OFFERS; AND (C) THE QUALITY, SUITABILITY, AVAILABILITY, OR PERFORMANCE OF ANY REMITTANCE SERVICES OR MERCHANT SERVICES ACCESSED THROUGH THE PLATFORM. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, AND NON-INFRINGEMENT, WITH RESPECT TO THE PLATFORM AND THE MATERIALS. ALL CONTENT MADE AVAILABLE ON THE PLATFORM IS PROVIDED SOLELY FOR GENERAL INFORMATIONAL PURPOSES AND DOES NOT CONSTITUTE ANY OPINION, ADVICE, OR RECOMMENDATION BY THE COMPANY. YOU ARE SOLELY RESPONSIBLE FOR ANY DECISIONS MADE OR ACTIONS TAKEN BASED ON SUCH CONTENT, AND THE COMPANY SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, DIRECT OR INDIRECT, ARISING FROM YOUR RELIANCE ON SUCH CONTENT OR THE CONSEQUENCES THEREOF.

15. INDEMNIFICATION

You shall indemnify and hold harmless the Company, its licensors, licensees, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any and all claims or demands, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed or losses, damages incurred due to or arising out of your breach of this Terms, Privacy Policy and other policies, or your violation of any applicable law, rules or regulations or the rights (including infringement of any intellectual property rights) of a third party, including another visitor of the Platform.

16. TERMINATION AND SUSPENSION

16.1. You may terminate your use of the Platform and request closure of your Card account at any time by following the Account closure procedures set out in your user dashboard or by contacting customer support.

16.2. We may suspend or terminate your access to the Platform, the Card, or any related services at our sole discretion, including but not limited to the following circumstances: (i) You breach these Terms or any applicable law or regulation; (ii) We have reason to believe your Account is being used for fraudulent, illegal, or unauthorized purposes; (iii) You provide false, misleading, or incomplete information; (iv) You fail to pay any applicable fees or charges; (v) We are required to do so by law, a court order, or a competent authority; (vi) The Card or Platform services are being discontinued.

16.3. Upon termination, your right to access and use the Platform and Card will immediately cease. Any remaining funds on the Card, minus any outstanding fees, will be returned to you in accordance with our redemption policy and applicable regulations.

16.4. In cases of suspension, your access may be temporarily disabled while we investigate or resolve the issue. We will notify you of the reason for the suspension and any steps required to lift it, unless doing so would compromise security or be unlawful.

17. PRIVACY POLICY

Please review the Privacy Policy, which also governs your visit to the Platform, to understand the Company’s privacy practices. The information/data provided to the Company by you during the course of usage of the Platform will be treated as strictly confidential and in accordance with the Privacy Policy and applicable laws and regulations. If you object to your information being transferred or used, please do not use the Platform.

18. ASSIGNMENT

You shall not license, sell, transfer or assign your rights, obligations, or covenants under this Terms in any manner without the Company’s prior written consent. The Company reserves the right, at its own discretion, to freely assign and transfer the rights and obligations under these Terms to any third party.

19. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall exclusively be in Mumbai. In the event of any dispute arising out of this Terms, the same shall be settled by a binding arbitration conducted by a sole arbitrator, appointed jointly by both parties and governed by the Arbitration and Conciliation Act, 1996, as amended from time to time. The seat and venue of arbitration shall be Mumbai.

20. SEVERABILITY AND WAIVER

These Terms, the Privacy Policy and other referenced material herein or on the Platform, are the entire agreement between you and the Company with respect to the services offered on the Platform, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and the Company with respect thereto and govern your future relationship with the Company. If any provision of this Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Terms will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

21. GRIEVANCE REDRESSAL MECHANISM

For registering your concerns, complaint or grievances, please write to the below mentioned designated officer of the Company at the below-mentioned email address in relation to any violation of these Terms or the applicable laws. The designated officer shall redress the concerns, complaint or grievances in accordance with the applicable laws.

Name: Sakshi Mahajan
Address: Floor no.2, Plot 264/265,Vaswani Chambers, Dr, A. B. RD, Worli Colony, Mumbai- 400030
Mobile No: +919821353812
Email: sakshi@sevamoney.com

22. HOW TO CONTACT US

If you have questions or concerns about this Terms, please contact the Company at the following email address: support@sevamoney.com

Annexure B

Co-branded PPI Terms and Conditions

This document sets out the Terms and Conditions (“T&C”) applicable to the Seva RuPay Card issued by Pine Labs – Contactless Variant. Pine Labs Limited (“Pine Labs”) has been granted an authorization to issue prepaid payment instruments by the Reserve Bank of India (“RBI”). Pine Labs have a co-branding agreement with Xeva Fintech Private Limited to issue [Seva] RuPay Card issued by Pine Labs – Contactless Variant(“Cards”). Seva provides remittances powered cards from individuals, governments and overseas remitters The T&Cs are available on (sevamoney.com/india/terms-of-use) or www.pineperks.in/termsConditions. These T&Cs may be updated from time to time at the sole discretion of Pine Labs and Seva. The Cards are reloadable Full KYC PPIs which are issued and operate in accordance with the RBI Master Directions, as amended from time to time.

The following terms and conditions are applicable to the Cardholder upon purchase of the Card from Seva :

1. All Cards shall be valid for period of 5(Five) years and shall remain valid till the date mentioned on the face of the Card. The validity of the Card may be extended, or a replacement card may be issued on expiry, upon request from the Purchaser or the Cardholder subject to applicable fees and at the sole discretion of Pine Labs and Seva.

2. The Cards can be redeemed at any of the websites and offline locations which accept RuPay instruments. However, there are certain Merchant categories, as listed at www.pineperks.in/termsConditions wherein the Card cannot be redeemed.

3. The Card cannot be resold, transferred for value or redeemed/exchanged for its value in cash by the Cardholder. Cash withdrawal facility is not available on the Card.

4. One Card will be issued per Cardholder, identified by unique mobile number.

5. This card will only be issued by Pine Labs on request of the Cardholder and distributed by Seva to the Cardholder on agreeing to these Terms and Conditions (as updated from time to time) and also successfully fulfilling the eligibility and Know Your Customer (“KYC”) criteria as defined by Reserve Bank of India.

6. Full KYC PPI feature.

a. The amount loaded per Card cannot exceed Rs. 2,00,000/- (Rupees two Lakh). The amount outstanding per Card at any point of time shall not exceed Rs. 2,00,000/- (Rupees Two lakhs). Subject to applicable RBI Master Directions, Pine labs may set periodic transaction limits to the Card at its sole discretion. This limit is applicable at the user level and is across all the programs issued by Pine Labs.

b. Full KYC PPI cardholder will also be able to withdraw money from ATM. Per transaction limit of Rs. 2000/- will apply and a customer will be able to withdraw maximum of Rs. 10,000 in month. The monthly limit is at the customer level across all programs.

c. ATM withdrawal/usage charges will apply to Full KYC PPI as below:
i. Financial transaction: Rs 20+GST
ii. Non-Financial transaction like balance check, PIN Change, Mini statement : Rs 10+GST

7. Small KYC PPI feature

a. The amount loaded per Wallet during any month shall not exceed Rs.10,000 (Rupees Ten Thousand) and the total amount loaded during the financial year shall not exceed Rs.1,20,000 (Rupees One Lakh and Twenty Thousand). The amount outstanding per Wallet at any point of time shall not exceed Rs.10,000 (Rupees Ten Thousand). This limit is applicable at the user level and is across all the programs issued by Pine Labs.

8. The Cardholder hereby acknowledges and agrees that if there are no Transaction for a consecutive period of one (1) year on the Card, subject to validity of the Card, the Card shall be made inactive by Pine Labs / Co-brand partner by sending a notice to the Cardholder.

9. The Card can be closed at any time and the balance funds available in the Card can be transferred ‘back to source’ (payment source from where the PPI was loaded) at the time of closure. The purchaser of the card should write to support@pineperks.in to understand the refund process.

10. If the Cardholder information provided by the Purchaser or the Cardholder is found to be incorrect at any time, the Card in question is liable to be cancelled and the entire amount forfeited, and no claims in respect thereof will be entertained by Pine Labs/Seva.

11. The limit for contactless transactions will be as prescribed by RBI.

12. The Cardholder shall indemnify, defend and hold harmless Pine Labs /Seva from and against any and all third party liability, losses, costs and expenses (including reasonable attorneys’ fees) relating to or arising out of the breach of these terms and conditions, the negligence or wilful misconduct or fraud by the Purchaser, or its employees or agents.

13. PINE LABS DOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A CARD IS NON-FUNCTIONAL, THE PURCHASER AND THE CARDHOLDER’S SOLE REMEDY WILL BE THE REPLACEMENT OF SUCH CARD .

14. The Cardholder shall inform Seva, by contacting the Customer Care 18002688999 and support@sevamoney.com as updated on the link https://www.sevamoney.com/india/terms-of-use, within 10 (Ten) days of occurrence of any transaction, if any irregularities or discrepancies exist in such transaction or if such Cardholder has any query or complaint in relation to the Transaction including for any unauthorised transaction. If Seva does not receive any information to the contrary within 10 (Ten) days of occurrence of any Transaction, it shall be entitled to assume and proceed on the basis that the relevant Transaction(s) was effected without any irregularity/ discrepancy. Subject to the foregoing, all transactions as aforesaid shall be dealt with in accordance with the Customer Grievance Redressal Policy of Pine Labs. Which can be accessed at https://www.pineperks.in/grievancePolicy. Cardholder can reach out to Pine Labs via email at support@pineperks.in or by contacting at 080-69806393 for any complaints and escalation as per its grievance redressal policy. These cards will be distributed by authorised Seva personnel only.

15. All fees, surcharges, goods and applicable taxes with respect to Card shall be borne by the Purchaser or the Cardholder. Pine Labs / Seva shall have no liability towards the same. There may be surcharge applicable on certain card transactions. In such an event, the same will be deducted from the card balance available in the Card at the time of transaction. In case the card balance is not sufficient to provide for the surcharge the transaction shall be declined.

16. In case of no financial transaction for a consecutive period of one year then Card shall be made inactive after sending a notice to the Cardholder. These can be reactivated only after validation and due diligence.

17. Any change of Cardholder credentials like mobile number, e-mail, etc. will have to be communicated by the Purchaser only. The Cardholder cannot request for any changes directly. Cardholders can check the available balance of cards by logging in on the Seva Website and Seva Mobile App.

18. Any dispute in relation to the Cards shall be referred to Seva and the decision of Pine Labs shall be final in this regard. Any disputes and claims in relation to the card shall be subject to the laws of India and the jurisdiction of the courts at New Delhi.

19. For detailed terms and conditions, please visit www.pineperks.in/termsConditions

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