TERMS AND CONDITIONS

 

1.         Introduction:

 

These Terms & Conditions ("Terms") of: (a) use of our website www.ntikpay.com ("Website"), our mobile application ("Application") or any products or services in connection with the Application/ Website/ Products ("Services") or (b) any modes of registrations or usage of products, including through SD cards, tablets or other storage/transmitting device are between Lucentik Private Limited ("Company/We/Us/Our/Nitkaypay") and its users ("User/You/Your/Holder").

The Terms and Conditions are legal contract ("Agreement") between Lucentik Private Limited through its platform NtikPay (hereinafter, “NtikPay”) having its registered office at Plot No 27 Road No 1 Mlr Colony Balapur Mandal Ranga Reddy Hyderabad Rangareddi TG 500097, India bearing CIN -   U24290TG2022PTC164671   and its User. 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 not use the Services and/or immediately terminate the Services and/or uninstall the mobile application.

These Terms constitute an electronic record in accordance with the provisions of the Information Technology Act, 2000 and the Information Technology (Intermediaries guidelines) Rules, 2011 thereunder, as amended from time to time.

 

Please read the Terms and the privacy policy of the Company ("Privacy Policy") with respect to registration with us, the use of the Application, Website, Services, and Products carefully before using the Application, Website, Services, or products. In the event of any discrepancy between the Terms and any other policies with respect to the Application or Website or Services or products, the provisions of the Terms shall prevail.

 

Your use/ access/ browsing of the Application or Website or the Services or Products or Registration (with or without payment/with or without subscription) through any means shall signify Your acceptance of the Terms and Your agreement to be legally bound by the same.

 

If you do not agree with the Terms or the Privacy Policy, please do not use the Application or Website or avail the Services or Products. Any access to our Services/Application/Products through registrations/subscription is non-transferable.

 

 

2.        Effective Date:

 

These Terms are effective as of (Effective Date). They represent the most recent version of our agreement.

 

In these Terms, you'll find information about your rights and responsibilities as a user of our services. We've summarized key sections for your convenience, including eligibility, registration, payment, privacy, and dispute resolution.

We look forward to providing you with a seamless and secure payment experience. Please take a moment to read and understand these Terms, as they form the basis of our partnership.

 

3.        Definitions

 

3.1.       “Applicable Law” – means all applicable laws, rules, regulations, guidelines, statutory or government notifications including Reserve Bank of India and Payment Participant Rules.

 

3.2.       “Account Inactivity” – refers to periods during which a user's NtikPay account is not actively used for transactions or other activities. NtikPay may have policies regarding the management of inactive accounts, including the potential for account closure.

 

3.3.       “Account Suspension” and “Account Termination” – refers to actions taken by NtikPay to restrict or close a user's account. Suspension may be temporary, while termination results in the permanent closure of the user's NtikPay account. These actions are typically taken in accordance with NtikPay's terms and conditions, including violations of the platform's rules.

 

3.4.       “Authentication” – means the process by which Customer Identification is authenticated in the payment mechanism.

 

3.5.       “BBPOU” – means Bharat Bill Payment Operating Unit operating under the applicable Bharat Bill Payment System regulatory framework.

 

3.6.       “Biller” – means a biller, including Prepaid Service Providers supported by NtikPay for Bill Payment Services either through a biller aggregator or a BBPOU, to whom a User can initiate bill payment on Ntikpay.

 

3.7.       “Bill Payment Services” – means  the features and functionality provided by NtikPay to enable users to conveniently and securely pay their bills to various billers.

 

3.8.       “Business Partners”– Shall refer to any individual, group of individuals defined under law with whom NtikPay or NtikPay Entities have a contractual relationship and not limited to Merchants, Advertisers, Deal partners, Financial institutions, switch interface partners.

 

3.9.       “Card” – refers to a physical or digital payment card, such as a credit card, debit card, prepaid card, or any other financial instrument issued by a recognized financial institution and authorized for use within the NtikPay platform. Cards which are used to initiate payments, make transactions, and access the various services offered by NtikPay. Cards may be physical, in the form of a plastic card, or virtual, stored electronically within the NtikPay App or Website, and are subject to validation and authorization for use on the platform.

 

3.10.   “Dispute Resolution Process” – states the steps and procedures that users can follow to resolve disputes, conflicts, or issues that may arise during their use of the platform. This process may involve mediation, communication with customer support, or other mechanisms to reach a resolution.

 

3.11.   “IPG” – means Internet payment gateway.

 

3.12.   “NPCI” refers to the National Payments Corporation of India, that is an authorized payments system operator by the Reserve Bank of India, which owns and operates UPI.

 

3.13.   “NtikPay App” - The mobile application(s), hosted by NtikPay and NtikPay Entities for providing NtikPay services to its users, including merchants and service providers, and also includes any and all Services where it acts as an Intermediary.

 

3.14.   “NtikPay Website” – Shall refer to www.ntikpay.com, which is registered by NtikPay and used as a medium to communicate and inform users of services provided by NtikPay and NtikPay Entities, not limited to its features, terms and conditions, our contact details.

 

3.15.   “NtikPay Entities” – shall mean group, affiliates, associates, and subsidiaries of NtikPay.

 

3.16.   “NtikPay Platform” – Refers to any platform owned/subscribed/used by NtikPay Private Limited or any other NtikPay Entities, not limited to websites, mobile applications, devices, URLs/links, notifications, chatbot, or any other communication medium used by NtikPay Entities to provide its services to its Users.

 

3.17.   “NtikPay Services” – shall include all services extended / to be extended by NtikPay and NtikPay 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.

 

3.18.   “Participating Platforms / Merchant Partners” – Websites and Platforms that accept permitted NtikPay Services to make a payment against products or services offered by such platforms.

 

3.19.   “Payment Processing Time” – specifies the timeframes within which NtikPay processes payments and transactions i.e.,  how long it takes for funds to be transferred, settled, or reflected in their accounts.

 

3.20.   “Personal Information” – refers to all information that can be linked to a specific individual and includes Sensitive Personal Information. Sensitive Personal Information pertains to data requiring heightened data protection measures due to its sensitive and personal nature. Both categories are hereinafter referred to as “Personal Information.” Information that is freely available or accessible in the public domain is excluded from this definition.

 

3.21.   “Prohibited Conduct” – refers to actions or behaviors that are strictly forbidden while using the platform. This can include activities such as fraud, illegal transactions, harassment, or any actions that violate NtikPay's terms and conditions.

 

3.22.   “Payment Instrument” – refers to including but not limited to, a credit card, debit card, bank account, or prepaid payment instrument, including e-wallets and gift cards issued under Applicable Law, that is eligible for use by a User to fund Payment Transactions or a Recipient to receive payments.

 

3.23.   “Payments System” – refers to that shall have the meaning ascribed to it under the provisions of Applicable Law.

 

3.24.   “Payment Participants” -  will mean all the parties involved in the payment system including but not limited to payment/bill aggregators, Payments System Providers, acquiring banks, partner banks, the issuer of the Sender’s Funding Account, the issuer bank of the Recipient bank account, the issuer of the Payment Instruments, card associations, NPCI, Reserve Bank of India, etc.

 

3.25.   “Payment Service Provider” or “PSP” is a banking company that is a payment participant, authorized to act as a “Payment Service Provider” under the UPI framework, and engages the TPAP to provide UPI services to the users.[NJ1] 

 

3.26.   “Payments System Providers” – refers to banks, financial institutions, card associations, and other payment system providers (as defined under the Payment and Settlement Systems Act, 2007), with whom NtikPay has entered into an arrangement to facilitate Payment Transactions (as defined below) using Payments System Provider Services.

 

3.27.   “Payments System Provider Services" – shall refer to payment gateway system/interface/services provided to route payment instructions to Payments Participants for (i) Card Transactions, (ii) BHIM UPI based Transactions; (iii) net banking, (iv) prepaid payment instrument; and provide authentication and authorization from issuers, card associations, NPCI and/or other third party clearinghouses; and/or (v) provide settlement facilities in respect of payment instructions initiated by the User.

 

 

3.28.   “Refunds” and “Returns” – refer to processes related to reimbursing users for payments made or returning products or services purchased through the platform.

 

3.29.   "Recipient" means a User, Merchant, Biller or third party who receives a payment from the Sender.

 

3.30.   "Sender" means a User who uses the Google Pay Services to send a payment to a Recipient.

 

3.31.   “Service Fees” –  refers to any charges or fees associated with using specific services or conducting transactions on the platform.

 

3.32.   “Service Providers” – Refers to any individual, group of individuals defined under law whose services are used by NtikPay or NtikPay Entities in order to provide the intended Services to You through NtikPay Platform.

 

3.33.   “Terms of Use” / “Terms and Conditions” – are interchangeably used and shall have the same meaning.

 

3.34.   “TPAP” means Us, a Third Party Application Provider (TPAP) who provides Google Pay, a UPI compliant application to Users to facilitate UPI based payment transactions.

 

3.35.   “Transactions” or “Payment” – refer to any financial interactions facilitated through the NtikPay platform. These interactions can include payments, fund transfers, purchases, or any other monetary activities carried out by users on the NtikPay platform.

 

3.36.   “UPI” – means Unified Payment Interface.

 

3.37.   “UPI Transaction Data” – means the individual UPI transaction data.

 

3.38.   “User” – means a person who registers for the NtikPay Service(s).

 

3.39.   “User Content” – includes any content, such as reviews, comments, images, or other materials, that users submit or share on the NtikPay platform. NtikPay may have policies and guidelines regarding the submission and use of user-generated content.

 

3.40.   “Valid Card” – means a Card:

i.      permitted by the Issuer for the Transaction;

ii.    bearing the Card Organisation's logo, the name and hologram of the Issuer and such other details as may be stipulated by the Issuer from time to time;

iii.  which is not expired ;

iv.  bearing the Card Holder's signature on its reverse side;

v.    not mutilated or altered; and confirms to RBI’s and/or Card Organisation and/or Issuers’ guidelines/advisories/circulars issued from time-to-time

 

3.41.   “Wallet Balance” – refers to the amount of money held in a user's digital wallet account within the NtikPay platform. Users can load funds into their wallet, and this balance can be used for various transactions and payments within the NtikPay ecosystem.

 

3.42.   “We”, “Us”, “Our” - shall refer to NtikPay and NtikPay Entities.

 

3.43.   “You”, “Yours”, “Yourself”, “NtikPay User”, “the Holder” - refers to any non-registered individual or corporate body, registered user of NtikPay and NtikPay Entities, including but not limited to NtikPay customers or Merchants.

 

4.        Amendment of Terms and Conditions:

 

We may amend the terms and conditions at any time by posting an updated version on NtikPay's website(s) and NtikPay App(s). The updated version of the Terms of Service shall take effect immediately upon posting. It is your responsibility to review these Terms of Use periodically for updates and changes. Your continued use of the NtikPay App following the posting of changes will indicate that you accept and agree to the revisions, including additional terms or removal of portions of these Terms, modifications, liabilities, etc.

 

NtikPay App indicates your 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 NtikPay and NtikPay Entity Policies (including but not limited to the Privacy Policy) available on the NtikPay website(s) and NtikPay App(s) as amended from time to time.

 

5.      Acceptance of Terms

 

When you use our Service, it is essential to acknowledge and agree to the terms and conditions outlined in these Terms of Service. Your agreement to these Terms signifies your commitment to abide by the rules, guidelines, and obligations set forth in this agreement. Here's a more detailed explanation of this section:

 

a.       Express Agreement:

By utilizing our Service, you are explicitly and unequivocally indicating your agreement to be bound by these Terms. This agreement forms a legal contract between you and the service provider (NtikPay) governing your use of the platform.

 

b.      Methods of Acceptance:

There are two primary methods of accepting these Terms:

                 i.            Checkbox During Registration: If you are a new user, you may encounter a checkbox during the registration process that requires you to acknowledge and accept these Terms. By checking this box, you are signifying your acceptance of the terms and conditions.

               ii.            Use of the Service: If you have already registered, your use of the Service itself constitutes acceptance of these Terms. Every interaction with the platform after your initial registration is considered an ongoing acceptance of these terms.

 

c.       Representing a Business or Entity:

If you are accessing and using the Service on behalf of a business or other legal entity, you must ensure that you have the proper authority and authorization to bind that entity to these Terms. By doing so, you represent and warrant that you have the legal capacity and authority to enter into this agreement on the entity's behalf.

 

d.      Legal Commitment:

It is essential to understand that your agreement to these Terms represents a legally binding commitment. Failing to comply with these Terms may result in consequences, including the termination of your access to the Service and potential legal action.

 

6.      Eligibility/ Age Restrictions:

 

a.       To use the Service, you must be at least 18 years old or older.

b.      You are capable of entering into contract/legally binding agreement;

c.       You have the right, authority and capability to enter into this Agreement abiding by all the provisions of the “terms of use” or “terms and conditions” of NtikPay Services.

d.      You are not barred or otherwise legally prohibited from accessing or using services of NtikPay or NtikPay Entities under the laws of India.

e.       You are not impersonating any person or entity, or falsely stating your age or affiliation with any person or entity. NtikPay and NtikPay Entities shall reserve the right to terminate your contract to use NtikPay Platform in case of any incorrect representation of the above-mentioned conditions.

f.        The mandatory information and Officially valid document(s) “OVD”/ document details mentioned by you are true & correct and belong to You.

 

Providing false information about your age violates these Terms and may result in the termination of your account and potential legal consequences and actions. .

 

7.      NtikPay's Role in Payment Transactions

 

a.       You understand and acknowledge that NtikPay serves solely as a facilitator of Payment Transactions conducted through our platform.

 

b.      NtikPay is not a direct party to the Payment Transactions conducted between users and recipients through our platform.

 

c.       NtikPay does not function as a Payments System Provider and does not provide payment system services.

 

d.      In certain scenarios, NtikPay may act as an intermediary and operate as a payment collection agent solely for the purpose of receiving funds on behalf of the recipient.

 

e.       NtikPay is not responsible for any aspect of the products or services that you purchase or engage with through our platform.

 

f.        NtikPay is not responsible for any communications made by you or any communication or offers made to you through NtikPay.

 

g.      NtikPay is not a party to, and will not be responsible for, any disputes, chargebacks, or reversals arising from Payment Transactions conducted through our platform.

h.      NtikPay is not responsible for any actions or non-completion of transactions by users, including transactions initiated through our platform.

 

i.        The facilitation of a Transaction by NtikPay does not guarantee that the sender has sufficient funds available in the funding account used, that the Transaction will be authorized or processed, or that the Transaction will not later result in a chargeback or other reversal.

 

j.        NtikPay does not act as a trustee or in a fiduciary capacity with respect to any Payment Transaction.

 

k.      NtikPay does not determine, advise, or control the commercial terms of Payment Transactions, including the pricing of products and services offered for sale through our platform.

 

8.      Territorial Restrictions:

 

a.       NtikPay's services are intended for use exclusively within the territory of India. To use NtikPay, you must be physically located in India when registering or linking your NtikPay account, possess an Indian bank account, and have an Indian mobile number.

 

b.      The NtikPay platform, including the NtikPay App, should not be accessed or used outside of the geographical boundaries of India. Any attempt to use NtikPay services outside of India is strictly prohibited.

 

3. By accessing or using NtikPay within India, you agree to comply with all applicable Indian laws, regulations, and guidelines governing the use of digital payment services and financial transactions.[NJ2] 

 

9.      Registration and Account

 

a.       User Account Creation:

To access specific features and services offered by NtikPay, you may be required to register for an account. During the registration process, it is crucial that you provide accurate, up-to-date, and complete information. This information helps us verify your identity, facilitate transactions, and improve the overall user experience. Furthermore, it ensures that your account details are accurate, which is vital for the smooth functioning of our services.

 

b.      Account Security and Confidentiality:

Your account credentials, including your username and password, are confidential and your responsibility. You are solely responsible for maintaining the confidentiality of your account information. This means that you must take appropriate measures to safeguard your login details and prevent unauthorized access to your account. If you suspect or become aware of any unauthorized use of your account, it is imperative that you promptly notify us. This proactive approach helps protect your account from unauthorized activities and enhances the overall security of our platform.

 

10.  Services Provided:

 

a.       NtikPay operates an online payment platform accessible through our website. This platform enables users to perform a variety of financial transactions, including recharges, Bill Payments, FasTag service, insurance policy service, travel API, micro ATM, Gass booking, Recharge API and a PAN Card Center. We are dedicated to providing a user-friendly and secure online payment solution to enhance your financial interactions.

 

b.      NtikPay retains the right to modify, suspend, or discontinue any aspect of the Service offered through our website, and we may do so without prior notice. This flexibility allows us to adapt to evolving technologies, regulatory requirements, and user preferences, ensuring that our online platform remains efficient and responsive to your needs. While we aim to offer continuous access to our services, please be aware that periodic updates or adjustments may be necessary to maintain our commitment to excellence.

 

11.  Fees and Payment

 

NtikPay may charge fees for certain services. You agree to pay all applicable fees, and all fees are non-refundable. Fees may be subject to change, and any fee changes will be posted on our website or within the Service.

 

12.  Privacy Policy:

 

This Privacy Policy is governed by the provisions of Indian laws and regulations, including but not limited to the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, under the Information Technology Act, 2000, the Aadhaar Act, 2016, along with its Amendments, including the Aadhaar Regulations and Digital Personal Data Protection Act, 2023. These regulations mandate the publication of a privacy policy for the collection, use, storage, transfer, and disclosure of Personal Information.

 

This Privacy Policy how NtikPay collects, stores, uses, and processes your Personal Information through the NtikPay website, NtikPay Applications, mobile sites, chatbots, notifications, or any other medium used by NtikPay to provide its services to you (hereinafter, "Platform"). By visiting, downloading, using the NtikPay Platform, or providing your information, you expressly agree to be bound by this Privacy Policy (hereinafter, "Policy") and the applicable terms and conditions governing our services and products. At NtikPay, we hold your trust in the highest regard and prioritize the security of your personal information.

 

a.       Privacy Policy and Information Handling:

We prioritize the protection and confidentiality of your personal information. Our privacy practices are outlined in detail in our Privacy Policy. This Privacy Policy is an integral part of these Terms, and by using the Service, you explicitly consent to the collection, usage, and sharing of your information as described in the Privacy Policy. It is essential to review the Privacy Policy to understand how we handle and safeguard your data.

 

b.      Data Security Measures:

NtikPay takes data security seriously and employs industry-standard security measures to safeguard your information. These measures encompass various security protocols and practices designed to protect your data from unauthorized access, breaches, and misuse. However, it's crucial to acknowledge that no data transmission over the internet can be guaranteed to be entirely secure. While we invest in robust security measures, NtikPay cannot provide an absolute guarantee of the security of your information due to the inherent nature of online communication and potential external threats.

 

c.       Agreement to Privacy Policy:

By using or accessing our Platform, you acknowledge and agree to the terms and conditions outlined in this Privacy Policy. If you do not agree with this Privacy Policy, please do not use or access our Platform.

 

d.      Collection and use of Personal Information: We collect and use your Personal Information to provide and improve our services, personalize your experience, facilitate secure transactions, and comply with legal requirements. Your Personal Information may include, but is not limited to, details such as name, contact information, and transaction history.

 

We do not offer any product or service under our Platform outside India. This Privacy Policy is tailored to comply with Indian laws and regulations, and our services are intended solely for users within India.

 

 

13.  Consent to Terms and Conditions:

 

When you use our website or any of the services offered through it, you are explicitly providing your consent to abide by and be bound by the terms and conditions outlined in this agreement. Your consent signifies your understanding of the following key points:

 

a.       Acknowledgment of Agreement:

By accessing and using our website, you acknowledge that you have read, understood, and agreed to the Terms and Conditions presented here. This agreement forms a legally binding contract between you (the User) and NtikPay.

b.      Acceptance of Responsibility:

Your consent to these Terms and Conditions means you accept full responsibility for complying with the rules, guidelines, and obligations set forth in this agreement. It is your responsibility to regularly review and understand the terms that govern your use of our website.

 

e.       Consent to Privacy Practices:

You also consent to our Privacy Policy, which outlines how we collect, use, and protect your personal information. This Privacy Policy is an integral part of these Terms and Conditions, and your use of the website signifies your agreement to the handling of your data as described therein.

 

f.        Voluntary Agreement:

Your consent is voluntary. If you do not agree with any part of these Terms and Conditions or our Privacy Policy, you have the option to refrain from using our website. Your continued use of the website is an indication of your acceptance of these terms.

 

g.      Legal Effect:

Your consent carries legal significance. By providing your consent, you are entering into a binding contract with NtikPay and are obligated to adhere to the terms outlined herein. Failure to comply with these terms may result in consequences, including the suspension of access to our services.

 

h.      Revocation of Consent:

You have the right to revoke your consent at any time by discontinuing your use of our website and services. However, this revocation does not exempt you from any obligations or liabilities incurred while your consent was in effect.

 

14.  Grievance Redressal

a.       Introduction:

At NtikPay, we are committed to providing you with a seamless and transparent experience. We understand that you may have grievances or concerns, and we are here to address them promptly and fairly.

 

b.      Grievance Procedure:

If you have a grievance related to our terms and conditions, website, products, or services, please follow the steps outlined below:

Step 1: Contact Us

In the event of a grievance, we encourage you to first contact our Customer Support team. You can reach us at [Contact Information]. Our dedicated support team is available to assist you and resolve your concerns.

Step 2: Provide Details

When contacting us, please provide detailed information about your grievance, including any relevant documentation or evidence that may assist in understanding and resolving the issue.

Step 3: Escalation

If your grievance remains unresolved after contacting our Customer Support team, you may escalate it to our Grievance Officer. You can reach our Grievance Officer at [Grievance Officer Contact Information].

 

c.       Grievance Officer:

We have appointed a Grievance Officer to oversee the grievance redressal process. The Grievance Officer is responsible for investigating and resolving grievances in a fair and impartial manner. You can contact our Grievance Officer directly at [Grievance Officer Contact Information].

 

d.      Timely Resolution:

We are committed to addressing your grievance as quickly as possible. We aim to resolve grievances within [Specify Timeframe] working days from the date of receipt. However, the resolution time may vary depending on the nature and complexity of the grievance.

 

e.       Communication:

Throughout the grievance redressal process, we will keep you informed of the progress and the expected resolution timeline. We may communicate with you via email, phone, or other contact information provided by you.

 

 

f.        Legal Recourse:

If you are dissatisfied with the resolution provided by NtikPay, you have the option to explore legal remedies available under applicable laws and regulations.

 

g.      Feedback:

Your feedback on our grievance redressal process is valuable to us. We continuously strive to improve our services and your experience. Please share your feedback with us at [Feedback Contact Information].

 

15.  User Responsibilities

a.       Compliance with Laws and Regulations:

Your use of the Service must adhere to all applicable laws and regulations. This means that you agree to act in accordance with the legal requirements and guidelines governing your use of the Service. It is essential to understand and abide by the laws specific to your jurisdiction and the broader regulatory landscape.

                                            i.            Compliance: Ensure that your actions, transactions, and interactions within the Service align with the legal framework of your region.

                                          ii.            Legal Awareness: Stay informed about any local, national, or international regulations that pertain to the activities you undertake on the Service.

 

b.      Sole Responsibility for Usage:

You (the NtikPay User) bear sole responsibility for your use of the Service. This encompasses all aspects of your engagement with the platform, including the content you create, share, or provide. Here's a more detailed breakdown:

 

                                             i.             Content Responsibility: Any content, information, or data you generate or share through the Service is your responsibility. You must ensure that this content complies with applicable laws, does not infringe on the rights of others, and does not violate our Terms of Service or guidelines.

                                           ii.            Security Awareness: Safeguard your account credentials, including usernames and passwords. You are responsible for preventing unauthorized access to your account, as well as any actions taken using your account.

                                         iii.             Privacy Protection: Respect the privacy of other users and third parties. Do not engage in activities that compromise the confidentiality or security of personal or sensitive information.

                                         iv.             Ethical Conduct: Maintain ethical and responsible conduct when using the Service. Refrain from engaging in any harmful, malicious, or fraudulent activities that could harm other users or the platform itself.

                                            v.            Accountability: Understand that any actions or consequences resulting from your use of the Service, including legal or financial repercussions, are your sole responsibility.

 

16.  Termination

a.       Termination by Users:

Users may terminate their relationship with NtikPay at any time by discontinuing the use of our services and closing their account, where applicable.

 

b.      Termination by NtikPay:

NtikPay reserves the right to terminate or suspend a user's access to our services at our discretion, with or without notice, under the following circumstances:

                                    i.            Violation of these Terms and Conditions.

                                  ii.            Violation of applicable laws or regulations.

                                iii.            Suspicion of fraudulent or unauthorized activities.

                                iv.            User engagement in harmful or abusive behavior towards others on our platform.

                                  v.            Non-payment of fees or charges, if applicable.

                                vi.            Account inactivity for an extended period________ months.

 

c.       Effect of Termination:

Upon termination, users agree to:

                                    i.            Cease using NtikPay's services immediately.

                                  ii.            Settle any outstanding fees or obligations, if applicable.

                                iii.            Comply with any additional instructions provided by NtikPay in connection with the termination.

 

d.      Data Retention:

NtikPay may retain user data, including Personal Information, as necessary to fulfill legal obligations, enforce our terms and conditions, resolve disputes, or carry out other legitimate business purposes.

 

e.       Survival:

Sections of these Terms and Conditions that, by their nature, should survive termination including but not limited to those related to intellectual property, dispute resolution, and limitation of liability, will continue to apply after termination.

 

f.        Account Closure:

Users may request the closure of their account by contacting our Customer Support team at [Contact Information].

 

17.  Purpose and Use of Information

 

a.       Account Creation and Verification:

NtikPay processes your Personal Information for the purpose of creating your account, verifying your identity, and granting you access privileges.

 

b.      Access to Products and Services:

We use your Personal Information to provide you with access to the products and services offered by NtikPay, our partners, merchants, subsidiaries, sellers, logistic partners, and business partners.

 

c.       Service Fulfilment:

Your information is processed to fulfill your service requests efficiently and effectively.

 

d.      KYC Compliance:

We conduct the Know Your Customer (KYC) compliance process as mandated by various regulatory bodies, including the Unique Identification Authority of India (UIDAI) under the Aadhaar Act and its Regulations.

e.       KYC Information Sharing:

Your KYC information and nominee details may be validated, processed, and shared with other intermediaries, Regulated Entities (REs), Asset Management Companies (AMCs), financial institutions, or service providers as required.

 

f.        Payment Processing and Communication:

We process payments on your behalf, communicate with you regarding transactions, and address any regulatory requirements. We also authenticate transaction requests, validate standing instructions, and confirm payments made through our services.

 

g.      User Experience Enhancement:

We analyze user behaviour on an aggregated basis to enhance your user experience during various processes, application submissions, and product/service offerings.

 

h.      Third-Party Contacts:

With your consent, we may allow third parties to contact you for products and services related to NtikPay or third-party links.

 

i.        Credit Checks and Due Diligence:

We may conduct credit checks, screenings, or due diligence checks as legally required. Additionally, we use your information to detect, prevent, and protect against errors, fraud, money laundering, and other criminal activities, and to enforce our terms and conditions.

 

j.        Marketing and Personalization:

We inform you about online and offline offers, products, services, and updates. We also customize and improve your experience by marketing, presenting advertising, and offering tailored products and offers.

 

k.      Dispute Resolution and Technical Support:

Your information is used to resolve disputes, troubleshoot problems, provide technical support, and address technical issues to maintain a safe service.

 

l.        Security and Investigations:

We identify security breaches and investigate, prevent, and take action against illegal or suspected fraudulent activities. This includes conducting forensic audits as part of internal or external audits or investigations by NtikPay or government agencies, whether located within India or outside Indian jurisdiction.

 

m.    Legal Obligations:

Your information may be processed to meet legal obligations imposed by relevant laws and regulations.

 

n.      Minimization of Processing:

While we may process your Personal Information for other legitimate business purposes, we take appropriate steps to minimize processing to the extent possible to safeguard your privacy.

 

o.      Financial Information Disclosure:

For account aggregator services, we want to clarify that we do not store, use, process, or have access to any financial information you choose to transmit under our services.

 

Please review our Privacy Policy for more details on how your Personal Information is handled and protected.

 

18.  NtikPay's Roles and Responsibilities in Collaboration with NPCI:

 

At NtikPay, we play a vital role in facilitating seamless transactions within the UPI (Unified Payments Interface) ecosystem, in partnership with NPCI (National Payments Corporation of India). Here's a breakdown of our duties and obligations:

 

a.       NtikPay serves as a facilitator for UPI transactions, ensuring that you can enjoy the benefits of this robust payment platform.

 

b.      We are committed to offering you a user-friendly platform where you can effortlessly initiate and complete UPI transactions.

c.       NtikPay diligently complies with all the requirements and guidelines stipulated by NPCI (National Payments Corporation of India) and other relevant regulatory authorities. This includes adhering to circulars and guidelines issued by NPCI.

 

d.      We take data security seriously. All payment data, including UPI Transaction Data, collected by NtikPay is securely stored within India, ensuring that your information is safeguarded in accordance with regulatory requirements.

 

e.       NtikPay actively cooperates with authorities such as RBI (Reserve Bank of India), NPCI, and other nominated agencies. This cooperation extends to facilitating audits, data access, and information sharing related to UPI when requested by the authorities.

 

f.        We understand that issues may arise from time to time. Therefore, we provide you with various channels to raise grievances and seek assistance. Whether it's through the NtikPay App, website, email, messaging platforms, IVR (Interactive Voice Response), or other suitable channels, we are here to assist you in resolving concerns promptly.

 

g.      NtikPay is dedicated to ensuring that your UPI payment experience is secure, convenient, and aligned with all regulatory requirements. We are here to facilitate your transactions and address any concerns you may have while operating within the UPI ecosystem. Your trust in NtikPay is paramount, and we are committed to upholding the highest standards of service and security.

 

19.  Dispute Resolution Process

a.       Informal Resolution: If you have a dispute or concern related to your use of NtikPay's services, we encourage you to first attempt to resolve it informally. You may contact our Customer Support team at [Contact Information] to discuss and seek a resolution.

 

b.      Escalation to Grievance Officer: If your dispute remains unresolved after contacting our Customer Support team, you may escalate it to our designated Grievance Officer. You can reach our Grievance Officer at [Grievance Officer Contact Information]. The Grievance Officer will review your concern and work to resolve it in a fair and impartial manner.

 

c.       Arbitration: In the event that your dispute remains unresolved after following the above steps, both you and NtikPay agree to engage in binding arbitration to resolve the dispute. The arbitration process will be conducted in accordance with the rules and regulations of Arbitration and Conciliation Act 1996.

 

d.      Arbitration Location and Language: The arbitration proceedings will take place in Hyderabad , and the language used during arbitration will be English

 

e.       Waiver of Class Actions: Both you and NtikPay agree to waive the right to participate in class actions or class arbitrations. Disputes will be resolved on an individual basis.

 

f.        Legal Recourse: If you are dissatisfied with the outcome of arbitration or wish to pursue legal remedies, you may do so in accordance with applicable laws and regulations.

 

g.      Governing Law: Any disputes related to the dispute resolution process or these terms and conditions shall be governed by and construed in accordance with the laws of India.

 

20.  Limited Liability Clause

 

a.       Acknowledgment of Limited Liability:

By using NtikPay's services, you acknowledge and agree that NtikPay, its affiliates, subsidiaries, employees, officers, directors, agents, and partners (collectively referred to as "we" or "our") shall not be held liable for any direct, indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, arising from your use of our services.

 

b.      Third-Party Transactions:

NtikPay acts as an intermediary for various services, including but not limited to payments, financial transactions, and product/service offerings. We do not control or guarantee the actions, products, or services of third parties, including merchants, sellers, or other users. Therefore, we are not responsible for any losses or damages resulting from interactions with third parties through our platform.

 

c.       Exclusion of Liability:

We make reasonable efforts to ensure the accuracy and reliability of the information and services provided on our platform. However, we do not warrant or guarantee the correctness, completeness, or reliability of such information. You understand and agree that your use of our services is at your own risk.

 

d.      Force Majeure:

NtikPay shall not be liable for any delay, interruption, or failure to perform our obligations under these terms and conditions due to circumstances beyond our reasonable control, including but not limited to acts of nature, government actions, war, terrorism, labour disputes, and other unforeseeable events.

 

e.       Maximum Liability:

In the event that NtikPay is found liable for any damages despite the limitations set forth in this clause, our maximum liability to you or any third party shall not exceed the total fees paid by you to us during the six-month period preceding the event giving rise to the liability.

 

f.        Legal Compliance:

Nothing in this clause is intended to limit or exclude liability that cannot be lawfully limited or excluded under applicable laws and regulations. If such laws apply, our liability shall be limited to the maximum extent permitted by law.

 

21.  Intellectual Property

 

a.       Ownership of Intellectual Property:

NtikPay exclusively owns all intellectual property rights associated with the Service. This encompasses copyrights, trademarks, trade secrets, patents, and any other proprietary information. Users are prohibited from using NtikPay's trademarks, logos, or other proprietary materials without obtaining our prior written consent.

 

c.       User Content Ownership and Licensing:

While NtikPay retains ownership of its intellectual property, users retain ownership of any content or information they submit to the Service. By submitting content, users grant NtikPay a non-exclusive, worldwide, royalty-free, and sublicensable right to utilize that content. This includes the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display the content.

 

22.  Indemnification:

 

a.       User's Obligation to Indemnify: You agree to indemnify, defend, and hold harmless NtikPay, its affiliates, subsidiaries, employees, officers, directors, agents, and partners (collectively referred to as "we" or "our") from and against any claims, losses, liabilities, expenses (including legal fees), damages, or demands arising out of or related to:

                                    i.            Breach of Terms: Your breach of these terms and conditions or any incorporated policies or guidelines.

                                  ii.            Violation of Laws: Your violation of any applicable laws, regulations, or third-party rights.

                                iii.            User Content: Any content or information you submit, post, or transmit through NtikPay's services, including but not limited to any claims of infringement, defamation, or violation of privacy.

                                iv.            Third-Party Transactions: Any interactions or transactions you have with third parties, including merchants, sellers, or other users through our platform.

                                  v.            Unauthorized Access: Any unauthorized access to or use of NtikPay's services by you or a third party using your account.

 

 

 

b.      Defense of Claims :

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with us in asserting any available defenses.

 

c.       Notification:

We will promptly notify you of any claims, actions, or demands for which you are obligated to indemnify us. You agree to respond promptly to any such notice and take all necessary actions to protect our interests.

 

d.      Maximum Liability:

In no event shall your indemnification obligations under this clause exceed the total fees paid by you to us during the six-month period preceding the event giving rise to the indemnity.

 

23.  Force Majure:

 

Force Majeure, refers to unforeseeable and uncontrollable events or circumstances that may disrupt or hinder the normal operation of the website and the fulfillment of services offered by NtikPay. These events are typically beyond the control of NtikPay and its users and cannot be reasonably anticipated or prevented.

 

a.       Unforeseeable and Uncontrollable Events:

Force Majeure events for NtikPay's website are characterized by their unpredictability and the inability of NtikPay or users to control or prevent them. Common examples include but are not limited to natural disasters (e.g., earthquakes, floods), acts of war or terrorism, government actions (e.g., regulations, embargoes), labor strikes, and pandemics.

 

b.      Website Functionality:

In the event of a Force Majeure event that affects the functionality of NtikPay's website, NtikPay may be temporarily excused from certain obligations related to the operation and accessibility of the website. This includes disruptions to services, availability, or any other aspects of the website that are directly impacted by the event.

 

c.       Notification Requirement:

In the event of a Force Majeure event, NtikPay will make reasonable efforts to promptly notify users and affected parties of the event and its impact on the website's functionality and services. This notification serves to keep all parties informed and initiate discussions on how to proceed.

 

d.      Mitigation of Impact:

While NtikPay may be temporarily relieved of certain obligations due to a Force Majeure event, it will make reasonable efforts to mitigate the impact of the event on the website's users. This may include seeking alternative methods to provide services or taking steps to minimize any resulting disruptions.

 

e.       Temporary Suspension:

The Force Majeure clause may allow for the temporary suspension of certain website services or functions until the event has subsided or is no longer preventing normal operation.

 

f.        Termination:

In cases where the Force Majeure event extends for an extended period and renders the website's operation impractical or impossible, NtikPay may have the option to temporarily suspend or, if necessary, terminate certain services or functionalities without liability.

 

24.  Refund Policy:

a.       NtikPay strives to provide excellent services, including recharges and bill payments. However, if a recharge or payment transaction initiated by you through our platform encounters any technical issues or fails due to reasons beyond our control, NtikPay will refund the amount to your original payment source.

 

b.      Refund requests must be made within [X days] from the date of the failed transaction. Beyond this period, NtikPay reserves the right to deny refund requests.

 

c.       To request a refund, please contact our customer support team at [customer support email] or [customer support phone number]. You will be required to provide transaction details, including the transaction ID, mobile number, and any other relevant information.

 

d.      NtikPay will review your refund request and, if approved, initiate the refund process within [Y business days]. The refund amount will be credited to the original payment source used for the transaction.

 

e.       Refunds are subject to the terms and conditions of your bank or payment provider. NtikPay is not responsible for any delays or issues related to the processing of refunds by your bank.

 

25.  Recharge Policy:

 

a.       When you initiate a recharge or bill payment transaction through NtikPay, please ensure that you provide accurate information, including the recipient's mobile number, DTH account number, or any other relevant details.

 

b.      NtikPay is not responsible for failed transactions or incorrect recharges caused by inaccurate information provided by you. Please double-check all details before confirming your transaction.

 

c.       If you have recharged a wrong mobile number or made an incorrect payment, NtikPay will not be able to reverse the transaction or provide a refund. It is your responsibility to verify the recipient's details before proceeding with the transaction.

 

d.      NtikPay is committed to providing a seamless recharge experience. However, in case of any technical issues or delays in processing, we will make our best efforts to resolve the matter promptly. You can reach out to our customer support team for assistance.

 

e.       NtikPay reserves the right to change or modify its recharge services, including the availability of specific mobile operators, plans, or recharge denominations, without prior notice.

 

f.        In the event of any disputes or discrepancies regarding recharges or bill payments, please contact our customer support team at [customer support email] or [customer support phone number]. We will investigate and resolve the issue to the best of our abilities.

 

g.      By using NtikPay's services, you agree to adhere to the refund and recharge policies outlined above. We recommend that you carefully review all transaction details before confirming any recharge or payment to avoid any inconveniences.

 

h.      For any queries or concerns related to refunds, recharges, or our services in general, please feel free to contact our customer support team. We are here to assist you and ensure your satisfaction with our platform.

 

26.  Third-Party Interactions:

 

a.       Responsibility:

When you interact with any Third Party while using NtikPay, you acknowledge and agree that NtikPay is not responsible for the actions, products, services, or content provided by Third Parties. Any dealings or interactions with Third Parties are solely between you and the Third Party, and NtikPay is not liable for any losses, damages, or disputes arising from such interactions.

 

b.      Third-Party Terms:

Your interactions with Third Parties may be subject to separate terms and conditions, privacy policies, or agreements established by the Third Party. NtikPay is not responsible for and does not endorse or warrant any Third-Party terms or policies.

 

c.       Links to Third-Party Websites:

NtikPay's website may contain links to external websites or resources that are not owned or operated by NtikPay. We have no control over the content, policies, or practices of these external websites. By accessing and using these links, you acknowledge and agree that NtikPay is not responsible for the content or practices of any Third-Party websites.

 

d.      Indemnification:

You agree to indemnify and hold NtikPay harmless from any claims, losses, liabilities, expenses, damages, and costs (including reasonable attorney's fees) arising out of or in connection with your interactions with Third Parties, your use of Third-Party services, or your violation of these Terms.

 

e.       Changes to Terms :

NtikPay reserves the right to update, modify, or revise these Third-Party Terms and Conditions at any time. Changes will be effective immediately upon posting. It is your responsibility to review these Terms periodically for updates.

 

27.  Contact Us

 

If you have any questions or concerns about these Third-Party Terms and Conditions, please contact us at [email protected]  (Contact Information)

 

28.  Governing Law and Jurisdiction:

Terms and Conditions, and the rights and obligations thereunder and the relations of the parties and all matters arising under or in connection with these Terms are governed by and construed in accordance with the laws of India, without regard to its conflict of law principles. And any disputes will be subject to the exclusive jurisdiction of the courts of Hyderabad.

 

 

DISCLAIMER

You understand and acknowledge that the use of NtikPay's services, including any UPI payment facility, does not create any contractual obligations between you and any participants of the Unified Payments Interface (UPI) system, the Payment Service Provider (PSP), or NtikPay itself. The mere act of downloading or using the NtikPay platform does not automatically entitle you to access the UPI payment facility.

 

NtikPay does not make any warranties or representations regarding the quality, availability, or performance of the UPI payment facility or any other services provided. While we strive to maintain a high standard of service, we do not guarantee the quality or availability of these facilities.

 

We make every effort to execute and process transactions in accordance with defined processes and industry standards. However, you acknowledge and agree that we shall not be held responsible for any non-responsiveness, delays, system failures, or other circumstances that may be beyond our control. Your use of our services is at your own risk.

 

The transaction records and other logs maintained by NtikPay shall be considered final and binding as proof of the use of our facilities and transactions conducted through our platform.