The Terms are effective upon acceptance of usage of our platform, and governs the relationship between the users of this platform (“You”, “Your”, “Yours” or the “User” as the context may necessitate) and pSwitch Services Pvt Ltd. (“pSwitch”, “Us”, “Our” or “We” as the context may necessitate).
ACCEPTANCE OF TERMS
By accepting the Terms, You understand and agree that pSwitch will treat Your use of the Services such as your use of our prepaid mobile/DTH recharge purchasing services or Services regarding bill payment or money transfer or services regarding Our online marketplace or such other services which may be added from time to time (all such services are individually or collectively are referred as Service or Services) on the Site (www.pswitch.in), Our mobile Platform/Network and Our mobile application (Related Applications).
- You must be 18 years of age to use pSwitch.
- We reserve the right to terminate any account or Your use of pSwitch if any information provided by You is false, fictitious, inaccurate, not current or incomplete, with or without notice to You.
REGISTRATION TO USE THE SERVICES
- You will be issued a user ID and password to access Your account.
- You must keep the password confidential and not share it with any other person as You are responsible for all activity on Your account, whether or not You authorized it.
- The login for wallet account, recharge, bill payment, gift card and all others prepaid cards services is same.
- In case of any unauthorized use of Your account or Your user id and password, please contact us at email@example.com
GENERAL CONDITIONS OF pSwitch
- After successful registration, pSwitch will issue a Prime Account upon submission of your KYC documents at the time of registration or on a later date.
- You will be able to use the pSwitch Account after 3 (three) days from loading the Wallet from Banking Channel for the Send Money to Bank option. Rest of the services like recharges and bill payments can be used uninterruptedly.
- The maximum monetary value that can be stored at any point of time, transferred to another account, utilized in a month in pSwitch Account shall be in accordance with RBI guidelines as applicable from time to time.
- Subject to guidelines/notifications issued by RBI from time to time these limitations may be reviewed and modified at the discretion of pSwitch without prior intimation to the Customer.
- pSwitch reserves the right to suspend/discontinue pSwitch Services to You at any time, for any cause, including, but not limited, to the following:
- For any suspected violation of the rules, regulations, orders, directions, notifications issued by RBI from time to time or for any violation of the terms and conditions mentioned in this document;
- For any suspected discrepancy in the particular(s), documentation or KYC enrolment form provided by you;
- To combat potential fraud, use of abusive language, sabotage, wilful destruction, threat to national security or for any other force majeure reasons;
- If the same is due to technical failure, modification, up gradation, variation, relocation, repair, and/or maintenance due to any emergency or for any technical reasons;
- If the same is due to any transmission deficiencies caused by topographical and geographical constraints/limitations;
- If the mobile connection with which your pSwitch is related ceases to be operational or in your possession or control.
- If pSwitch believes, in its reasonable opinion, that cessation/ suspension is necessary.
- pSwitch reserves the right to amend, modify, change, and/or terminate (collectively “Changes”) the Terms, the Site (www.pswitch.in) and Related Applications, at any time in its sole discretion. Your continued use of the Services shall be deemed as Your acceptance of any such Changes.
YOUR CONDUCT ON THE MOBILE APPLICATION & WEBSITE
- If pSwitch requests registration information from You, You will provide with true, accurate, current, and complete information;
- You agree to log out from your accounts at the end of each session for Your own security;
- You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying its web-sites/app or the Services;
- Without limiting the foregoing, You agree to not use the Services offered through Our Site or Related Applications to take any of the following actions:
- Engage in any act which is obscene, offensive, indecent, racial, anti religious, anti-national, objectionable, defamatory, abusive, harass, stalk, threaten, or otherwise violate the legal right of others;
- Publish, post, upload, e-mail, distribute, or disseminate (collectively, "Transmit") any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;
- Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, its web-sites/app, any software or hardware, or telecommunications equipment;
- Advertise or offer to sell any goods or services for any commercial purpose unless you have its written consent to do so;
- Transmit web-sites/app, services, products, surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;
- Download any file, recompile or disassemble or otherwise affect its products that you know or reasonably should know cannot be legally obtained in such manner;
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;
- Collect or store personal information about other end users;
- Impersonate any person or entity, including, but not limited to, a representative of pSwitch or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through Our Site or related application or to manipulate your presence on the Site or related application available through authorised sources;
- Take any action that imposes an unreasonably or disproportionately large load on Our infrastructure/ network;
- Engage in any illegal activities;
- Unauthorized access to Our Site or related application is a breach of these Terms and a violation of the law;
- You agree not to access Our Site or related application by any means other than through the interface that is provided by pSwitch for use in accessing Our Site or related application;
- You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of Our Site or related application, except those automated means that pSwitch have approved in advance and in writing.
- “KYC” stands for Know Your Customer and refers to the various norms, rules, laws and statutes issued by Reserve Bank of India from time to time.
- pSwitch is required to procure personal identification details from You before any Services can be delivered and at the time of Registration and/ or on a later date, for availing and / or continuation of the pSwitch.
- The collection, verification, audit and maintenance of correct and updated customer information is a continuous process and pSwitch reserves the right, at any time, to take steps necessary to ensure compliance with all relevant and applicable KYC requirements.
- We reserve the right to discontinue Services/ reject applications for pSwitch at anytime if there are discrepancies in information and/or documentation provided by you.
- Any information provided to Us with the intention of securing pSwitch shall vest with Us, and may be used, for any purpose consistent with any applicable law or regulation, at its discretion.
- If the particulars provided by you in the KYC documents do not match with the details mentioned in the KYC enrolment form, your pSwitch shall be suspended until the time You furnish correct details.
- Subject to guidelines/notifications issued by RBI from time to time these limitations may be reviewed and modified at the discretion of pSwitch without prior intimation you.
To Update PAN or Form 60 for Full KYC
As per RBI, PAN or Form 60 is required as part of your KYC to enjoy the 1 Lac limit on your pSwitch. Do include it as part of your KYC documents in case you wish to be upgraded to a full KYC pSwitch.
In case you are an existing KYC pSwitch user but have not yet submitted your the PAN or Form 60, kindly submit it at the earliest to continue enjoying the full benefits of a KYC customer. Please send a photo or a coloured scan of any one of these documents from your registered wallet email ID along with your wallet mobile number to firstname.lastname@example.org In case your email ID is not registered with us, please log into the pSwitch App or website, go to your Profile section, update your email id and save the profile. Once done, please email us the document.
Please note the following
- Your email ID must be registered in pSwitch profile.
- The name mentioned on PAN Card or Form 60, must match with the user name of the pSwitch.
- All wallet users who would like to enjoy a Rs.1 Lac wallet limit, must comply with PAN submission
WALLET CHARGES & VALIDITY
- You shall pay the service charges prescribed by pSwitch in the form and manner prescribed for such payment. pSwitch may at its discretion, change, amend, increase, or reduce the Service Charges without prior intimation to the customer.
- For all charges and fees associated with the use of the pSwitch Check our website.
- Any value in your pSwitch that is utilized towards making payments for any transaction shall be automatically debited from your pSwitch.
- Our responsibility is limited to the debiting of your pSwitch and the subsequent payment to any merchant establishment that you might transact with.
- We do not endorse, promote, or warrant any goods and/or services that might be availed or proposed to be availed using pSwitch.
- We reserve the right to levy charges upon any amount loaded upon your pSwitch or any amounts spent by You using pSwitch.
- pSwitch reserves the right to set off any balance in your wallet in order to recover funds for transactions processed as per your request.
- Your pSwitch shall be valid for a period of 12 months from the date of activation or from the time of the last wallet load whichever is later.
- Minimum KYC pSwitch holders will have to complete KYC within a period of 12 months from the date of issue of pSwitch, whichever is later, failing which no further credit shall be allowed in wallet. However, the user can use the balance available in the wallet.
- In the event wallet is inactive or not used by the customer for a continuous period of 1 year from the date of activation or last transaction, forfeiture will be done in compliance with RBI guidelines .
- pSwitch will intimate the customer thru SMS/ email 45 days prior deactivating or suspension of the wallet. All PPI holders can reclaim their amount from the date of forfeiture in their bank accounts. This process of reclaim will include written request from PPI holder along with registered details and submission of ID document.
- Charges pertaining to transactions shall be in accordance with RBI guidelines as applicable from time to time.
You specifically agree that in order to facilitate the provision of pSwitch, it may be required to disclose any information or particulars pertaining to You to any authority, statutory or otherwise. Privacy of communication is subject to the terms of the certificate of authorization granted by the Reserve Bank of India and Reserve Bank of India notifications/directives etc.
INTELLECTUAL PROPERTY RIGHTS
We, or Our licensors, own all right, title and interest, including, but not limited to all copyright, trademark, patent, trade secret or other proprietary rights (“IP rights”), in and to the site, the platform, the usage data. You shall not reproduce, distribute, transmit, modify, create derivative works, display, perform or otherwise use the Site, the platform or any of the IP rights, or attempt to reverse engineer, decompile, disassemble, or derive the source code for the platform or use the platform or Site to create a competing product. pSwitch is owned by pSwitch Services Pvt. Ltd. unauthorized use is strictly prohibited. All rights are expressly reserved to pSwitch Wallet.
We make no warranty, express or implied, with respect to the Site and Related Applications and Services offered. We expressly disclaim the implied warranties of non-infringement, merchantability, and fitness for any particular purpose. We provide the Site and Related Applications and any other technology and Services on the Site on an “as is”, “where is”, “with all faults” basis. We do not warrant that the Site or Related Applications and any products or Services shown or described on the Site or Related Applications, or other technology and services will be uninterrupted, error-free, available or operational at any particular time, or that any known defects will be corrected. We disclaim any liability for any information that may have become outdated since the last time the particular piece of information was updated. We reserve the right to make changes and corrections to any part of the content of this website at any time without prior notice.
EXCLUSION OF WARRANTIES
- You expressly understand and agree that Your use of the services is at Your sole risk and that the Services are provided "as is" and "as available". In particular, pSwitch, its subsidiaries and affiliates, and its licensors do not represent or warrant to You that:
- Your use of the Services will meet Your requirements,
- Your use of the Services will be uninterrupted, timely, secure or free from error,
- Any information obtained by You as a result of Your use of the services will be accurate or reliable, and
- That defects in the operation or functionality of any software provided to You as part of the Services will be corrected.
- You acknowledge that pSwitch is a facilitator for Mobile recharges and other Services and is not liable for any 3rd party products available on the Site and other Related Applications with respect to rates, quality, and all other instances. You expressly agree that use of the Services and the Site and Related Applications is at your sole risk and you shall not hold pSwitch liable for any discrepancy in the third party products. It is your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the site or on the internet generally.
- Any material downloaded or otherwise obtained through the use of the Services is done at Your own discretion and risk and that You will be solely responsible for any damage to Your computer system or other device or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by You from pSwitch or through or from the Services shall create any warranty not expressly stated in the Terms. pSwitch further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
You agree to indemnify, defend and hold pSwitch and/or related parties harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including and without limitation legal fees and expenses, arising out of or related to your use or misuse of the pSwitch, any violation of these Terms, or any breach of the representations, warranties, and covenants made by you.
LIMITATION OF LIABILITY
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, NEITHER pSwitch, NOR ITS AFFILIATED COMPANIES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR ANY RELATED PARTY SHALL HAVE ANY LIABILITY TO USERS OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE OR PROFITS ARISING UNDER OR RELATING TO THESE TERMS, THE SITE OR THE OFFERINGS, EVEN IF ANY OF SAID PARTIES HAD BEEN ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION (WHETHER LIABILITY ARISES DUE TO NEGLIGENCE OR OTHER TORT, BREACH OF CONTRACT, VIOLATION OF STATUTE, MISREPRESENTATION OR FOR ANY OTHER REASON), WILL AT ALL TIMES BE LIMITED TO THE TRANSACTION VALUE
The aggregate liability of pSwitch for any liability in case of unauthorised / fraudulent transactions involving us shall be limited to the transaction value subject to such unauthorized/fraudulent transaction is solely attributable to pSwitch.
By accepting the Terms, You authorize us to hold, receive, disburse and settle funds on Your behalf. Your authorization permits us to generate an electronic funds transfer between the payment system providers and our nodal account to process each payment transaction that you authorize. Thereafter You authorise us to transfer the payments received from Your buyers to the bank account designated by You for this purpose at the time of registration. Your authorization will remain in full force and effect until Your pSwitch account is closed or terminated.
All sales are final with no refund or exchange permitted. You are responsible for the information you provide for purchase and all charges that result from those purchases. pSwitch is not responsible for any purchase of incorrect information provided. If in a transaction performed by you on the Site, money has been charged to your card or bank account and a recharge is not delivered within two hours of your completion of the transaction then you may inform us by sending an email to our customer services email address as mentioned. pSwitch shall investigate the incident and if it is found that money was charged to your card or bank account without delivery of the recharge then you will be refunded the money within 7 working days from the date of receipt of your email. All refunds will be credited to your pSwitch account.
You agree you will not transact any payments in connection with the following businesses, business activities or business practices pertaining to the following items:
- adult goods and services which includes pornography and other sexually suggestive materials (including literature, imagery and other media); escort or prostitution services;
- alcohol which includes alcohol or alcoholic beverages such as beer, liquor, wine, or champagne; body parts which includes organs or other body parts;
- bulk marketing tools which includes email lists, software, or other products enabling unsolicited email messages (spam);
- cable descramblers and black boxes which includes devices intended to obtain cable and satellite signals for free; child pornography which includes pornographic materials involving minors;
- copyright unlocking devices which includes mod chips or other devices designed to circumvent copyright protection; copyrighted media, which includes unauthorized copies of books, music, movies, and other licensed or protected materials;
- copyrighted software, which includes unauthorized copies of software, video games and other licensed or protected materials, including bundled software;
- counterfeit and unauthorized goods which includes replicas or imitations of designer goods; items without a celebrity endorsement that would normally require such an association; fake autographs, counterfeit stamps, and other potentially unauthorized goods;
- drugs and drug paraphernalia which includes illegal drugs and drug accessories, including herbal drugs like salvia and magic mushrooms;
- drug test circumvention aids which includes drug cleansing shakes, urine test additives, and related items; endangered species, which includes plants, animals or other organisms (including product derivatives) in danger of extinction;
- gaming/gambling which includes lottery tickets, sports bets, memberships/ enrolment in online gambling sites, and related content;
- government ids or documents which includes fake ids, passports, diplomas, and noble titles;
- hacking and cracking materials which includes manuals, how-to guides, information, or equipment enabling illegal access to software, servers, websites, or other protected property;
- illegal goods, which includes materials, products, or information promoting illegal goods or enabling illegal acts;
- miracle cures which includes unsubstantiated cures, remedies or other items marketed as quick health fixes;
- offensive goods, which includes literature, products or other materials that: a) defame or slander any person or groups of people based on race, ethnicity, national origin, religion, sex, or other factors b) encourage or incite violent acts c) promote intolerance or hatred;
- offensive goods, crime that includes crime scene photos or items, such as personal belongings, associated with criminals;
- prescription drugs or herbal drugs or any kind of online pharmacies which includes drugs or other products requiring a prescription by a licensed medical practitioner;
- pyrotechnic devices and hazardous materials which includes fireworks and related goods; toxic, flammable, and radioactive materials and substances;
- regulated goods which includes air bags; batteries containing mercury; or similar substances/refrigerants;
- chemical/industrial solvents; government uniforms; car titles; license plates; police badges and law enforcement equipment; lock-picking devices; pesticides; postage meters; recalled items; slot machines; surveillance equipment; goods regulated by government or other agency specifications;
- securities, which includes stocks, bonds, or related financial products;
- tobacco and cigarettes which includes cigarettes, cigars, chewing tobacco, and related products;
- traffic devices, which includes radar detectors/hammers, license plate covers, traffic signal changers, and related products;
- weapons which includes firearms, ammunition, knives, brass knuckles, gun parts, and other armaments; wholesale currency, which includes discounted currencies or currency, exchanges;
- live animals;
- multi level marketing collection fees;
- matrix sites or sites using a matrix scheme approach;
- work-at-home information;
- drop-shipped merchandise;
- collecting and effecting / remitting payments directly /indirectly outside India in any form towards overseas foreign exchange trading through electronic/internet trading portal;
- any product or service, which is not in compliance with all applicable laws and regulations whether federal, state, local or international including the all laws of India.
In case of any technical issues, please raise a support ticket by emailing email@example.com from Your service dashboard to let us know of the same. You can also contact us in case of urgent matters.
GOVERNING LAW AND DISPUTE RESOLUTION
The Terms will be governed by and construed in accordance with the laws of India. You agree that any legal action or proceedings arising out of these Terms may be brought exclusively in the competent courts or tribunals having jurisdiction in Delhi, India and irrevocably submit themselves to the jurisdiction of such courts or tribunals. pSwitch may elect to resolve any controversy or claim arising out of or relating to these Terms or Site and related application by binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in New Delhi, India and judgment on the arbitration award may be entered in any court having jurisdiction thereof. The language of Arbitration will be English.