This document is an electronic record in terms of Information Technology Act, 2000 and rules made there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2018 that require publishing the rules and regulations, privacy policy and Terms of Service for access or usage of the Service.
Please read the terms and conditions carefully before registering, accessing or using any services of Transpoints (defined below). The terms and conditions are legal contract ("Agreement") between You and Transpoints Technologies Private Limited (“Transpoints”) having its registered office at N-10/69 Barasat Road, Barrackpore, Kolkata - 700122, N24PGS, West Bengal, India. You agree and acknowledge that you have read the terms and conditions set forth below. If you do not agree to these terms and conditions or do not wish to be bound by these terms and conditions, you may discontinue the registration process by clicking on “Disagree” button in the Transpoints App and leave your feedback / suggestion and/or you may not use the Services and/or immediately terminate the Services and/or uninstall the mobile application.
We may amend the terms and conditions at any time by posting an updated version in Google Playstore OR at Transpoints website(s) (www.transpoints.in) and Transpoints App(s) in other App Stores, owned, operated and developed by Transpoints Technologies Private Limited. The updated version of the Terms of Service shall take effect immediately upon posting. It is Your responsibility to review these Terms of Use and Other Applicable policies such as Privacy Policy, Refund Policy, Return Policy, Cancellation Policy or any other policy as and when required at any time by updating this post periodically for updates / changes. Your continued use of Transpoints App following the posting of changes will mean that You accept and agree to the revisions including additional Terms or removal of portions of these Terms, modifications etc. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and avail the Services.
USING TRANSPOINTS APP / WEB PORTAL / ANY APPLICATION - POWERED BY TRANSPOINTS TECHNOLOGIES PVT LTD INDICATES YOUR GENERAL AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by Transpoints and Transpoints Entity Policies (including but not limited to Privacy Policy) available on the Transpoints website(s) (www.transpoints.in) and Transpoints App(s) as amended from time to time.
The terms and conditions contained hereinafter ("TERMS OF USE") shall apply to the use of the website(s) (www.transpoints.in) and any other linked pages, products, software(s), API keys, features, content or application services (including but without limitation to any mobile application services) in connection therewith, offered from time to time by Transpoints Technologies Private Limited ("TRANSPOINTS" or “TTPL” or "WE" or "OUR" or "US") (collectively, "Transpoints").
Any person logging on to or using the Website (even when such person does not avail of any services provided in the Website ("SERVICES")) (hereinafter referred to as a "USER", “BUYER” "SELLER", "YOU" or "CLIENT") shall be presumed to have read these Terms of Use (which includes the Privacy Policy, separately put up on the Website) and unconditionally and irrevocably accepted the terms and conditions set out herein (these Terms of Use). These Terms of Use, together with the rest of the Policies (defined below), constitute a binding and enforceable agreement between the User and Transpoints. These Terms of Use do not alter in any way the terms or conditions of any other written agreement you may have with Transpoints for other services.
“We”, “Us”, “Our” - shall refer to Transpoints and Transpoints Entities.
“You”, “Yours”, “Yourself”, “Transpoints User” - refers to any non-registered individual or corporate body, registered user of Transpoints and Transpoints Entities, including but not limited to Transpoints customers or Merchants.
“Transpoints ” the brand name in which the Company is operating.
“Transpoints App” - The mobile application(s), hosted by Transpoints and Transpoints Entities for providing Transpoints services to its users, including merchants and service providers and also includes any and all Services where it acts as an Intermediary.
“Transpoints Website” - Shall refer to www.transpoints.in, which is registered by Transpoints Technologies Private Limited and used as a medium to communicate and inform users of services provided by Transpoints and Transpoints Entities, not limiting to its features, terms and conditions, Our contact details.
“Transpoints Entities” - shall mean group, affiliates, associates and subsidiaries of Transpoints Technologies Private Limited.
“Transpoints Applications” - Refers to any application owned/subscribed/used by Transpoints Technologies Private Limited or any other Transpoints Entities not limited to websites, mobile applications, devices, URLs/links, notifications, chatbot, or any other communication medium used by Transpoints Entities to provide its services to its Users.
“Transpoints Services” - shall include all services extended / to be extended by Transpoints and Transpoints Entity as a group including but not limited to Pre-Paid Instruments, Gift cards, Payment Gateway, Recharges and Bill Payments, Insurance, Mutual Funds, Gold sale & purchase, switch interface/ access including others.
“Service Providers” – Refers to any individual, group of individuals defined under law whose services are used by Transpoints or Transpoints Entities in order to provide the intended Services to You through Transpoints Applications.
“Business Partners” – Shall refer to any individual, group of individuals defined under law with whom Transpoints or Transpoints Entities have a contractual relationship and not limited to Merchants, Advertisers, Deal partners, Financial institutions, switch interface partners.
“Participating Applications / Merchant Partners” - Websites and Applications that accepts permitted Transpoints Services to make a payment against products or services offered by such Applications.
“Terms of use”/ ”Terms and Conditions”- are interchangeably used and shall have the same meaning.
“Aadhaar Authentication Services” shall mean the authentication services provided by UIDAI whereby the Personal Identity Information of/data of an Aadhaar-holder is matched with their personal identity information/data that is stored in the UIDAI’s Central Identity Data Repository in order to provide Aadhaar Enabled Payment Services or/and UPI Services to such Aadhaar holder. The Company avails Aadhaar authentication service by establishing a connection with UIDAI’s Central Identity Data Repository (CIDR), through NSDL e-Governance Infrastructure Limited;
“Aadhaar Details” shall mean Aadhaar Number, Demographics Information, Biometrics Information and Aadhaar associated one –time PIN associated with an Aadhaar Holder;
“Aadhaar Holder” shall mean an individual who holds an Aadhaar Number;
“Aadhaar Number” shall mean the unique identification number issued by UIDAI;
“Acquiring Bank” shall mean a Commercial Bank, authorized by RBI to operate in India and which has allowed the Company to integrate with its payment gateways such as cards, wallets, AEPS, IMPS, NACH, UPI, BBPS etc. for the purposes of routing the payment request of the payer and facilitated collection of Authentication Parameters in the prescribed format for the purpose of further routing it to the Issuing Bank for authorization of such payment request and receive the payment confirmation from the Issuing Bank;
“AEPS Services” shall mean Aadhaar Enabled Payment System, a multi-platform operable payment network solution which is being provided by NPCI for the purpose of inter- bank transfer of funds, balance enquiry, Cash deposit, cash withdrawal, remittances that are intrabank or interbank in nature using Aadhaar Authentication Services, pursuant to the rules, regulations and guidelines issued by NPCI, UIDAI, Reserve Bank of India and the Banks, from time to time;
“Agreement” shall mean TnC, all other applicable policies and all its schedules, amendments thereto made from time to time and all related deeds, documents and writings in connection with the transaction contemplated herein;
“Agent” or “CSP” or “Customer Service Point” shall mean Distributor/Aggregator’s personnel who facilitate the Customer Service(s)/ Non-Customer Service(s)/ Enrolment process.
“Applicable Law” includes all applicable Indian statutes, enactments, acts of the state legislature or parliament, laws, ordinances, rules, bye-laws, regulations, notifications, guidelines, directions, directives and orders of any governmental authority, statutory authority, board, recognized stock exchange, as may be applicable including but not limited to Guidelines on managing Risks and Code of Conduct in Outsourcing of Financial Services by Banks, Business Correspondent Guidelines issued by RBI from time to time, Payment & Settlement Systems Act, 2007, Payment & Settlement Systems Regulations, 2008, Policy Guidelines on Issuance and Operation of Pre-paid Payment Instruments in India;
“Amount" shall mean the payment amount in question which is required to be transferred from the Payer to the Partner/Client/Distributor/Aggregator via the Company as part of the Transaction;
“Authorization” means the process by which the Company routes the said transaction through the Acquiring Bank using any of the payment systems such as AEPS, IMPS, UPI, BBPS etc. and communicates the approval of the Issuing Bank for the said Transaction using third party authentication services and infrastructure, as stipulated by the Acquiring Bank and approved by NPCI from time to time. Such Authorization approval may be communicated to the User on the Mobile POS Device or on the User’s webpage or App or by any such other mode mutually agreed between the User and Company from time to time;
“Authentication” shall mean the process by which the identification parameters of an individual Payer as prescribed by the respective payment system as per the relevant nodal body such as NPCI and approved by the Acquiring and Issuing Banks from time to time, is submitted to the Central Identities Data Repository or Acquiring Bank or NPCI or Card Scheme operator for its verification and such Repository verifies the correctness, or the lack thereof, on the basis of information available with it;
“Authentication Credentials” shall mean password, biometrics, PIN, OTP(OTAC), card, mobile number, mobile handset identifier etc., as provided by the Banks or Regulators from time to time, which shall be required by the Payer for completion of the transfer of funds through any of the aforesaid payment systems;
“Biometric Information” shall mean ten fingerprints and iris image, captured by UIDAI, as a part of the enrolment process for issuance of Aadhaar number;
“Business” shall mean such business activity in which the User is normally engaged in;
“Business day” means any day that is not a Saturday, Sunday or other day on which banks are required or authorized by Law to be closed in India;
"Chargeback” means a Transaction that is returned to the Acquiring Bank by the Issuer, or any Transaction where the amount paid by a Payer remains uncollectable due to any reason whatsoever;
"Charge Slip" means the form used by the User in a format provided by the Company to enable the User to record charges, transaction details and obtain the Payer’s signature or electronic consent thereby authorizing the user to debit Payer’s bank account or third party e-wallets;
“Company” means Transpoints Technologies Private Limited, a company incorporated under the provisions of the Companies Act, 2013 having its registered office at RDB Boulevard, 5th Floor, Plot K1, Block EP & GP, Sector - V, Salt Lake City, Kolkata - 700091. West Bengal, India.
“Commission” means the commission payable to the Company by the User or vice versa depending on type of Transaction for facilitating a Transaction under the terms of this Agreement;
“Control” includes the power to direct the management and policies of an entity, whether through the ownership of voting capital, by contract or otherwise;
“Distributor/Aggregator” shall mean the person (s) named in First Schedule hereof. The expression “Distributor/Aggregator” shall, unless it be repugnant to the context or meaning thereof shall include (i) in the case of a company, the successors of the Distributor/Aggregator, (ii) in the case of a trust, the present trustee (s) and the trustee (s) appointed from time to time for the time being, the successors and permitted assigns of the Distributor/Aggregator, (iii) in the case of a society, the successors of the Distributor/Aggregator, (iv) in case of Limited Liability Partnership under the provisions of Limited Liability Partnership Act, 2008, the present and the future partners of the LLP and its successors and permitted assigns, (v) in case of a partnership firm under the Indian Partnership Act, 1932, the partners for the time being and from time to time and their heirs, executors and administrators of such last surviving partner/s, (vi) in case of individual, his/her heirs, executors, administrators and assigns thereof, (vii) in case of a Hindu Undivided Family (HUF), each of the adult members/coparcener of HUF and the last surviving coparcener, (viii) in case of a Sole Proprietary concern, his/her heirs, executors, administrators and assigns;
“Distributor/Aggregator Account" means the bank account maintained by Distributor/Aggregator for the crediting of the collected funds and the debiting of the fees and charges under the terms of this Agreement.
“encumbrance” includes a mortgage, charge, lien, pledge, hypothecation, security interest or any lien or any right of any description whatsoever;
“e-KYC authentication facility” means a type of authentication facility in which the biometric information and/or OTP and Aadhaar number securely submitted with the consent of the Aadhaar number holder through a requesting entity, is matched against the data available in the CIDR, and the Authority returns a digitally signed response containing e-KYC data along with other technical details related to the authentication transaction;
"Excessive Activity" means, during any monthly period and for any one of Distributor/Aggregator’s terminal identification numbers or Distributor/Aggregator identification numbers, Chargebacks and/or retrieval requests in excess of 25% of the average monthly amount of Transactions or returns in excess of 25% of the average monthly amount of Transactions;
“Transpoints M-POS Device” shall mean biometric device certified by UIDAI or an electronic terminal or device provided by the Company to the Business User to seek authentication of Aadhaar Holders identity to enable them to use AEPS, UPI or/and Partner Third Party Services to make payment for the goods or/and services provided by the Business User.
“Transpoints Application” means the Transpoints Mobile Application and Web Application which can be used in a mobile/tablet running on Android platform or IOS and created and belonging to the Company;
“Transpoints Per Transaction Charges” includes the charges payable to the various stake holders which includes the Acquiring/issuing banks, Switching Service Providers, Authentication Service Providers and it also includes the charges for the Value Added Services provided by Transpoints. This charge will be levied on each and every transaction processed successfully by Transpoints;
“Issuing Bank” shall mean a Commercial Bank, authorized by RBI to operate in India and which holds the valid accounts of the Payers who are desirous of availing the Services from the Distributor/Aggregator, and which on receipt of the request to debit the payer’s account by the Payer along with the relevant Authentication Parameters and routed by Transpoints through the Acquiring Bank as per the prescribed format of the relevant payment system, either approves or declines such request and communicates such decision in the relevant format. The Issuing Bank by virtue of authorizing the payment request agrees to make the payment to the Business User as per the rules prescribed by the relevant payment system;
“law” includes any constitution, statute, law, rule, regulation, ordinance, judgment, order, decree, authorization, or any published directive, guideline, requirement or governmental restriction having the force of law, or any determination by, or interpretation of any of the foregoing by, any judicial authority, whether in effect as of the date of this Agreement or thereafter and each as amended from time to time;
“Merchant Aggregator” means a person or a legal entity appointed and authorized by Transpoints to market, solicit and onboard new User for and on behalf of Transpoints;
“NPCI” shall mean National Payments Corporation of India, a company incorporated in India under Section 25 of the Companies Act, 1956 and having its registered office at 1001A, B wing 10th Floor, The Capital, Plot 70, Block G, Bandra- Kurla Complex, Bandra (East), Mumbai - 400 051, and acting as the settlement, clearing house, regulating agency for UPI, AESP and other e-payment services with the core objective of consolidating and integrating the multiple payment systems with varying service levels into nation-wide uniform and standard business process for all retail payment systems;
“NSDL” means NSDL e-Governance Infrastructure Ltd., a company incorporated under the provisions of the Companies Act, 1956 having its registered address at First Floor, Times Tower, Kamala Mills Compound, Senapati Bapat Marg, Lower Parel, Mumbai – 400 013 which provides Aadhaar Authentication Services as per the terms and conditions of UIDAI.
“Partner Third Party Services” refers to such services offered by third parties in collaboration with Transpoints , including but not limiting to e-wallets and bill payment services;
“Payable Amount” means the amount payable to the Business User, calculated after deducting Commission, Chargebacks, Convenience Fee, Transaction Charges, Penalties and other deductibles from the Transaction Amount;
“Payer” shall mean any person holding a banking account and who desires to pay money to the Business User for purchase of goods or/and services of the Business User using the Transpoints Services.
“Personal Identity Data (PID)” refers to Aadhaar-based Personal Identity Data / Information including biometric and demographic information as well as the OTP used for Authentication.
“person” includes an individual, statutory corporation, body corporate, partnership, joint venture, association of persons, Hindu Undivided Family (HUF), societies (including co-operative societies), trust, unincorporated organization, government (central, state or otherwise), sovereign state, or any agency, department, authority or political subdivision thereof, international organization, agency or authority (in each case, whether or not having separate legal personality) and shall include their respective successors and assigns and in case of an individual shall include his legal representatives, administrators, executors and heirs and in case of a trust shall include the trustee or the trustees for the time being;
“Personal User” shall mean the User registered in Transpoints App / Website as Registered Personal User;
“Retail Partner/s” shall mean the potential partner engaged by the Company as retail partner;
“Service” shall mean and include an access provided by Transpoints of its software, programs, documentation, tools, internet-based services, mobile-devices-based services, biometric devices, components, and any updates (including software maintenance, service information, help content, bug fixes or maintenance releases) to the Business by Transpoints.
“Transaction” means an act between a Payer and User towards purchase of goods or services or otherwise from the Business User;
“Transaction Amount” means the consideration payable for purchase of goods or services, or otherwise by the Payer to the Business User;
“UIDAI” shall mean the Unique Identification Authority of India, which is a government agency based in New Delhi that serves as the issuing authority for Aadhaar unique identification numbers (UIDs) and cards;
“UPI Services” shall mean Unified Payment Interface, a multi-platform operable payment network solution which is being provided by NPCI for the purpose of inter- bank transfer of funds i.e., pay someone (push) or collect from someone (pull) pursuant to the rules, regulations and guidelines issued by NPCI, Reserve Bank of India and the ICICI Bank, from time to time;
By accessing Transpoints Service and Transpoints Applications, You represent that:-
Transpoints and Transpoints Entities provide services via Transpoints Applications. You further agree and acknowledge the terms of use of Transpoints Services provided on Transpoints Applications.
Transpoints Account - Transpoints Account is the account that you create when you sign-up/register with Transpoints.
This account allows you to access Transpoints Applications, browse through the Transpoints Service, make payment using debit cards, credit cards or UPI collectively known as (‘Payment Gateway Services’) to permissible merchants on Transpoints Applications or on Participating Applications.
You can also avail Recharge & Bill Payment facility made available to Transpoints Users under the Terms of Use of such Service.
You would need to register by providing additional information in order to make payment via Unified Payment Interface (“UPI”) and Pre-Paid Instruments (“PPI”) services to make payments to merchants using these modes of payments.
Access to Transpoints Account enables you to browse through Transpoints Services provided by Transpoints Entities and in order to avail, enroll or use any such Service you may need to additionally register for such services by providing some more information as required under the Terms of Use of such products/services.
Allows you to share and maintain the Know Your Customer “KYC” details and information for underwriting purposes for other financial and non-financial products available on Transpoints App as Services illustrated below:
“VAN” – Virtual Account Number
“UPI” - Unified Payment Interface; Enables You to make payment to a merchant or any person as permitted through Your Bank account using the UPI ecosystem.
Recharge & Bill Payments (“BBPS”)
Merchant Payments on Transpoints Applications (“Switch Merchants”)
Any other financial product/feature that is provided on Transpoints or Transpoints entities applications, subject to regulatory provisions and permitted by Transpoints.
Business Wallets (“BW”); enables You to buy or make payment for any goods and services on Transpoints Application or Transpoints entities applications.
Merchant Payments on Transpoints Applications (“Switch Merchants”); Our in-app service that enables You to access merchant websites/application within Transpoints mobile application and use Transpoints or any other Payment Instruments provided by such merchants.
Prohibited Services
We have prohibited the purpose of transaction in any manner applicable to Merchants as well as Customer (accepting payments from any customer or making payments to any merchants using Transpoints as the Payment Medium directly or indirectly) who are associated with following businesses, business activities or business practices:
You further agree to Transpoints Privacy Policy as applicable for Transpoints and Transpoints Entities.
In order to avail Transpoints Services, you need a mobile, internet or any other supported device that meets the compatibility requirements of accessing Transpoints app and Transpoints website, which may change from time to time. Transpoints may further release updates to its application and You are required to update the Transpoints App as and when available for you, in order to continue availing Transpoints Services.
You agree that your mobile device, mobile service provider or any other services that you may avail from anybody to access Transpoints Applications, may incur charges and you are solely responsible for such charges, terms of use, fees as per your agreement with the third party.
Download the Transpoints App
In order to use the fullest service experience of Transpoints Services, You need to register on the Transpoints App and provide Us with accurate and complete information. You are also required to keep your accounts, KYC details and contact information complete and always updated.
Once you sign-up on Transpoints, you are entitled to a Virtual Account. You can also register with Transpoints from any third-party merchant platform subject to certain conditions and limitations available on Transpoints website & application. Once registered with Transpoints, certain services may ask you for additional information in order to avail such service and may involve creation of sub-accounts for availing such services.
The device on which You download Transpoints App and use during registration, shall become Your registered device and device details shall be stored by us. The moment You log into your Transpoints account from a different device using the Transpoints app, You will be asked to allow Transpoints to send an SMS from the new device, after which the new device becomes the Transpoints Registered Device (“TRD”). You will not be able to access your Transpoints account using your previous device until you re-login and re-authorize yourself on that device.
In order to access Transpoints Services, you are required to provide information about yourself as part of the signup process, or as part of your ability to use services provided by Us. You agree that any information you provide will always be accurate, correct, and up to date and some services may require you to share additional information which might include your personal information, personal sensitive information. Your information management shall be as per Transpoints Privacy Policy.
You shall promptly inform Transpoints of any unauthorized usage of your Transpoints Account or loss of mobile device and any other circumstances which may lead to unauthorized usage of your Transpoints Account. The responsibility of any transaction prior to intimation, will solely be on the registered User;
You understand that while availing services offered by Merchants and your payment to merchants using any of Transpoints Services (Transpoints Prepaid Cards, Busines Wallet, Unified Payment Interface, Payment Gateway), you understand that we are not a party to the contract between you and the Merchant and act only as an Intermediary ( IT Act 2000). Transpoints does not endorse any advertiser or Merchant linked to its website or app. Furthermore, Transpoints is under no obligation to monitor the Merchant's service used by you; the Merchant alone will be responsible for all obligations under the contract including (without limitation) warranties or guarantees. Any dispute with or complaint against any Merchant must be directly resolved by you with the Merchant. It is clarified that Transpoints shall not be responsible or liable for any deficiency in goods and/or services purchased using Transpoints Business Wallet balance. You are instructed to satisfy yourself regarding the quality, quantity and fitness of any good and/or service before purchasing the same.
You agree that in case any amount is transferred erroneously by You to any Merchant, Participating Applications or any other person, Transpoints shall not be liable to refund such amount to You under any circumstances.
You further agree that Any web-link on the website 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.
You agree that if You provide any information that is incorrect, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is incorrect, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access Transpoints Applications and/or take necessary steps in accordance with applicable Law without any further notice.
You are responsible for maintaining the confidentiality of any login information and secure access credentials associated with your Transpoints account. Accordingly, you are responsible for all activities that occur under your account/is using your secure credentials and Transpoints shall not be liable for any such change or action performed by using your secure credentials on Transpoints Applications.
Attempting to access Transpoints Application using any other means apart from ones provided by Us is strictly prohibited and shall be deemed unauthorized access, whether attempted or accessed through any automated, unethical or unconventional means. Further you should not directly or indirectly engage in any activity using device, software or any routine process that disrupts or interferes with our ability to service you or any other user(s) on Transpoints Application, including the servers and/or networks to which our resources are located or connected. You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by You, as explained above, and may incur criminal or civil liability.
You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual or digital process, to access, acquire, copy or monitor any portion of the Transpoints Application or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Transpoints Application or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Transpoints Application.
You further agree that Any web-link on the website 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.
You agree that if You provide any information that is incorrect, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is incorrect, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access Transpoints Application and/or take necessary steps in accordance with applicable Law without any further notice.
You are responsible for maintaining the confidentiality of any login information and secure access credentials associated with your Transpoints Account. Accordingly, you are responsible for all activities that occur under your account/is using your secure credentials and Transpoints shall not be liable for any such change or action performed by using your secure credentials on Transpoints Application.
Attempting to access Transpoints Application using any other means apart from ones provided by Us is strictly prohibited and shall be deemed unauthorized access, whether attempted or accessed through any automated, unethical or unconventional means. Further you should not directly or indirectly engage in any activity using device, software or any routine process that disrupts or interferes with our ability to service you or any other user(s) on Transpoints Application, including the servers and/or networks to which our resources are located or connected. You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by You, as explained above, and may incur criminal or civil liability.
You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual or digital process, to access, acquire, copy or monitor any portion of the Transpoints Application or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Transpoints Application or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Transpoints Application.
You shall not probe, scan or test the vulnerability of the Transpoints Application or any network connected to the Us, You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Transpoints Application, or any other customer, including any account on the Transpoints Application not owned by You, or exploit the Transpoints Application or any Transpoints Service or information made available or offered by or through the Transpoints Application, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Transpoints Application.
You further agree that -
In the event of any dispute, Transpoints records shall be binding as the conclusive evidence of the transactions carried out through use of Transpoints Services.
Transpoints shall send all customer communications by SMS and/or email and they shall be deemed to have been received by You after they have been submitted for delivery to the SMS/email service providers.
Agree to receive all commercial messages including transactional messages from Transpoints / Merchants.
To use the Transpoints Services in good faith and in compliance with all applicable laws and regulations.
You would be solely responsible for payment of any taxes, duties or other governmental levies or any financial charges that may be imposed on any products or services purchased or supplied by a Merchant or otherwise arising from online transactions.
Ensure that the Transpoints Services are not used for transactions in foreign currency, unless permitted for any Transpoints Services.
Transpoints and Transpoints Entities, may provide third party services via Transpoints Applications. You understand that We do not own those services and you may need to accept their respective terms and conditions, and may require to share additional information in order to avail such products/services provided by third parties on Transpoints Applications. Transpoints does not hold any Liability on the information collected from You by third party website or application and We cannot indemnify You for any third-party actions.
Transpoints or Transpoints Entities may invite you to participate in any offer from time to time. You agree that participating in such an offer is subject to your agreement to the respective offer terms and conditions. You also understand that the offers might be provided by third parties on Transpoints Applications and you may require to agree to respective terms and conditions of third parties. You further agree that offers provided to any user may vary from user to user.
Transpoints reserves the right to disqualify You from any offer in case you do not meet the eligibility criteria for such an offer or any other reasons thereof including but not limited to misuse of offer, misrepresentation, fraud or suspicious transactions/activities, including but not limited to PMLA,2002 directives or any at our sole discretion without further notice.
Transpoints and Transpoints Entities may communicate with you on the contact information that you may have provided to Us during the course of your engagement, including but not limited to signup, transacting or availing any third-party products or services on Transpoints Application.
We will send you communication alerts via emails or SMS or push notifications or via other progressive technology. You also agree that there can be disruption in communications due to factors that are not under Our control, including but not limited to Your Phone being switched off, incorrect email address, network interruptions. You agree not to hold Transpoints liable for non-delivery for any alert or any loss suffered by you due to delay, distortion or failure of communication.
You further acknowledge that you are responsible for the contact details shared with Us and shall update us on any change on your contact details. You authorize Us to contact you and communicate with you for any Transpoints Service or Offer(s). We may use third party service providers to send alerts or communicate with you. You authorize Transpoints and Transpoints Entities to override the DND settings to reach out to you over calls, SMS, emails and any other mode of communication.
Intellectual Property Rights for the purpose of this Terms of Use shall always mean and include copyrights whether registered or not, patents including rights of filing patents, trademarks, trade names, trade dresses, house marks, collective marks, associate marks and the right to register them, designs both industrial and layout, geographical indicators, moral rights, broadcasting rights, displaying rights, distribution rights, selling rights, abridged rights, translating rights, reproducing rights, performing rights, communicating rights, adapting rights, circulating rights, protected rights, joint rights, reciprocating rights, infringement rights. All those Intellectual Property rights arising as a result of domain names, internet or any other right available under applicable law shall vest in the domain of Transpoints or Transpoints Entities as the owner of such domain name. The Parties hereto agree and confirm that no part of any Intellectual Property rights mentioned hereinabove is transferred in the name of User and any intellectual property rights arising as a result of these presents shall also be in the absolute ownership, possession and Our control or control of its licensors, as the case may be.
All material on this Transpoints website (www.transpoints.in) and mobile application, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights of Transpoints, Transpoints Entities or Business Partners. Material on Website is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other platform or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited.
You understand and agree that Transpoints and Transpoints Entities reserve the right to use the services of themselves to provide any of the mentioned Transpoints Services to you within Transpoints Applications.
You agree that Transpoints at its sole discretion may terminate your contract without prior notice and restrict your access to Transpoints Applications if We determine that You have violated the terms of use and You consent that in case Transpoints suffers losses, not limited to monetary losses, due to Your actions, We can take injunctive relief or any other legal action as deemed necessary within the said circumstances and Transpoints is not liable for any loss to You due to termination.
Financial and non-financial transactions performed by You on Transpoints Application is always processed by You or under Your exclusive authorization.
In no event will Transpoints be liable for any indirect, consequential, incidental, special or punitive damages, including without limitation damages for loss of profits or revenues, business interruption, loss of business opportunities, loss of data or loss of other economic interests, whether in contract, negligence, tort or otherwise, arising from the use of or inability to use the Services, however caused and whether arising in contract, tort, negligence, warranty or otherwise, exceed the amount paid by You for using the Services giving rise to the cause of action or Rupees Five Hundred (Rs. 500) whichever is less.
You agree that the Service provided to you is not transferable under any circumstance and shall be used only by you. You further acknowledge, agree and confirm that Transpoints shall have the right to transfer, assign or sell all its rights under this Terms of Use, and that the Mandate given by you in favour of Transpoints shall continue to be in force and ensure for the benefit of the successors and assigns of Transpoints.
You shall indemnify and hold harmless Transpoints, Transpoints Entities, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.
A Force Majeure Event shall mean any event that is beyond the reasonable control of the Transpoints and shall include but not limited to war, riots, fire, flood, acts of God, explosion, strikes, lockouts, slowdowns, prolonged shortage of energy supplies, Pandemic, computer hacking, unauthorized access to computer data and storage devices, computer crashes, acts of state, governmental, legal or regulatory actions prohibiting or impeding Transpoints Entities from performing its respective obligations under the contract.
This Agreement and the rights and obligations thereunder and the relations of the parties and all matters arising under or in connection with this Terms of Use, including the construction, validity, performance or termination thereunder, shall be governed by and construed in accordance with the laws of the Republic of India. Subject to and without prejudice to the amicable settlement, the courts in Kolkata, West Bengal shall have exclusive jurisdiction to try and adjudicate all matters arising in connection with your use of the Transpoints Services (“TS”) or other matters covered herein.
Disputes or differences or concerns if any should be raised within 30 days of happening or non-happening of an event related to Transpoints Services, except in case of unauthorized transactions on Your Transpoints Account, which shall be reported by You as soon as You identify the issue and investigation for such disputes is subject to terms of use of Transpoints.
Transactions through card may be disputed at anytime up to 180 (one hundred eighty) days, from the date of Transaction by the Buyers as per the Card Association Rules. Disputes resolved in favour of the Buyers may result in reversal of Payments to the Buyers. In the event of rejection/suspension of Payments to the Seller, Chargebacks, refunds and/or any other dispute relating to the Transactions contemplated under this Agreement ("Disputed Transaction"), on any grounds whatsoever, we will forthwith notify the Seller of the same.
On such notification the Seller will conduct an internal review of such matter and will, within 5 (five) days from receipt of notification, revert to us in writing either:
In the event that we are unable to recover the Refund Monies as aforesaid, due to the amounts credited to the Nodal Account being lower than the Refund Monies, we will deduct the remaining Refund Monies from the Security Deposit and/or set-off the remaining Refund Monies against the future payables to the Seller and refund the same to the respective Buyers. The Seller will be liable to make payment of the Refund Monies or part thereof which has not been recovered by us forthwith. It is hereby agreed and acknowledged by the Parties that the Fees charged by us in respect of the Disputed Transaction will not be refunded or repaid by us to the Seller, Buyer or any other person.
As part of this continual innovation and improvement, we sometimes may add or remove features and functionalities, increase, or decrease limits to our Transpoints Services, start offering new services or stop offering old one on Transpoints Applications. Such offering can also be due to discontinuation of any service or offering on Transpoints Applications by third party service providers or business partners.
We may record or monitor Our conventions with You for records and monitoring quality of our conversations.
Any content downloaded or otherwise obtained through the use of our Platform is done at your own discretion and risk, and We cannot confirm that such documents or contents are error or virus free and You understand and acknowledge that you are solely responsible for any damage to your devices, for any loss of data that may result from the download of such contents.
Transpoints and third-party partners make no warranty, express or implied regarding the quality of Services including but not limited to:
Except as expressly provided herein and to the full extent permitted by law, the Transpoints Services are provided "as is", "as available" and "with all faults". All such warranties, representations, conditions, undertakings and terms, whether express or implied, are hereby excluded. It is Your responsibility to evaluate the accuracy, completeness and usefulness of the Transpoints Services and other information provided by Transpoints or generally available. We do not authorize anyone to make any warranty on our behalf and You should not rely on any such statement.
If you have a dispute with other parties, you release Transpoints (and our affiliates and officers, directors, agents, and employees thereof) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
You agree that all risks arising from usage of Information on Merchants shall be borne by You and that You shall not hold Transpoints liable with respect to the same in any manner whatsoever. Further, all disputes regarding the quality, merchantability, deficiency, non-delivery, delay in the delivery of the product(s)/service(s) shall be resolved directly between You and the Service Providers and that Transpoints shall not be made a party to any of such disputes.
Transpoints disclaims all warranties, express or implied, regarding the accuracy and genuineness of Information made available on Merchants. Transpoints does not authorize anyone to make any warranty on its behalf and You should not rely on any such statement. It is Your responsibility to evaluate the accuracy, completeness and usefulness of the Information made available on Merchants.
The Service Providers shall not be considered as representing Transpoints and the product(s)/service(s) provided by such Service Providers shall not be construed as product(s)/service(s) belonging to/provided by/facilitated by Transpoints, in any manner whatsoever.
With respect to the Transpoints Assisted Banking Services, Transpoints shall not be responsible for any dispute between You and the respective Service Provider due to reasons, including, but not limited to, non-payment of amount by Service Provider, difference in amount paid, denomination related issue(s), counterfeit currency. You shall avail the same solely at Your own risk.
When you purchase Services from Transpoints, Transpoints Technologies Private Limited (“TRANSPOINTS”, “TTPL”, “we” or “us”), you have the option to make payments on a recurring basis (“Recurring Payments”) on the Terms and Conditions below for your monthly usage fees and charges towards the services provided to you or product purchased from us/associate partner under the account you operate with Transpoints (“Account”). We may, at our sole discretion, refuse Recurring Payments to anyone without notice for any reason at any time.
Based on Your location (as may have been allowed by You while accessing the Transpoints App in general or as indicated by You while on Merchants in particular), Transpoints, on Merchants, provides You Information about nearby service providers (which without limitation includes shops, outlets, establishments and individuals and are hereinafter collectively referred to as “Service Providers”) across categories such as grocery, healthcare, wellness, food, beverages, retail, shopping, entertainment, hotels, lodgings etc.
Except as expressly provided herein and to the full extent permitted by law, the Information about the Service Providers (including their product/service offerings, open/closed status, contact information, address, directions, payee details, photographs etc.), as declared/submitted by the Service Providers to Transpoints, and reviews/average ratings for the respective Service Providers as submitted by user(s) of Transpoints App, are displayed by Transpoints on Merchants on "as is", "as available" and "with all faults" and are meant for Your reference only.
While accessing/using such Information on Stores, You shall exercise abundant caution and reasonable due diligence before (a) interacting with or providing Your information to (whether independently or through the chat feature enabled within Stores) or (b) purchasing/availing any product(s)/service(s) (including Transpoints Assisted Banking Services) from such Service Providers.
You agree to indemnify and hold Transpoints, its affiliates, employees, directors, officers, agents and representatives, harmless, from any and all losses, damages, actions, claims and liabilities (including legal costs) which may arise, directly or indirectly, from any interaction with or purchase/availing of product(s)/service(s) from the Service Providers in any manner whatsoever.
In no event will Transpoints be liable for any indirect, consequential, incidental, special or punitive damages, including without limitation damages for loss of profits or revenues, business interruption, loss of business opportunities, loss of data or loss of other economic interests, whether in contract, negligence, tort or otherwise, arising from the use of or inability to use the information provided, however caused and whether arising in contract, tort, negligence, warranty or otherwise.
If You have a dispute with the Service Providers, You release Transpoints (including its affiliates and officers, directors, agents, and employees thereof) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
These Terms shall be governed by the laws of India, without respect to its conflict of laws principles. Any claim or dispute between You and Transpoints that arises in whole or in part from in relation to these Terms shall be decided exclusively by a court of competent jurisdiction located in Kolkata.
The Terms of Use and Privacy Policy of Transpoints shall be deemed to be incorporated into these Terms by reference.