Terms and Conditions!
Hello and welcome to MSS Payment's Terms of Service!
Subject to these Terms and conditions, Msewa grants you a limited, revocable, non-exclusive, non-transferable license to download the Msewa mobile application to access and use product and services offered by the merchants though the application. Ownership and intellectual property rights in the Msewa mobile application software and related marks will remain with Msewa. You acknowledge such rights and will not take any action to jeopardize, limit or interfere with Msewa and/or its licensors rights to the Msewa mobile application software. You agree not to:
- Copy, translate, publish or create derivative works of the Msewa mobile application software.
- Resell, make any commercial use, modify, reverse engineer, decompile or disassemble the Msewa's mobile application( or any of its services), or
- Use the Msewa's mobile application software( or any of its services) for illegal or fraudulent purposes.
Eligibility for using our service
- To be eligible for using our Service you must be 18 years of age or older and capable of entering into a legally binding contract.( as per Section 11 of The Indian Contract Act,1872 which specifies ‘that every person is competent to contract)
- You should have the Msewa's mobile application downloaded( or logged into the web version ) on your mobile device and registered with Msewa to avail products and services and make payments through the Msewa mobile application.
- You should have registered with Msewa and submitted the required information during registration and as required from time to time, enabling Msewa to activate your mobile application.
Registration and Usage of Services offered in the mobile application
- You may download the free Msewa mobile application on to your mobile by clicking the "I Accept" button after you have read and accepted these Terms and conditions, provided that you have satisfied the eligibility criteria stated above. The Msewa mobile application can be downloaded only on your mobile device and cannot be transferred to any other mobile device users.
- In order to use the Msewa Mobile application, you must complete all required information on the registration process in the mobile application. You must have a registered user of Msewa's mobile application on your mobile device to avail products and services and make payment towards product/service fees and any other obligations arising from your use of the Msewa's mobile application. You must provide current, complete and accurate information and update the information immediately if there is any change so that it is always current and accurate. We may require You to provide additional information as a condition of continued use of the application, or to assist in determining whether to permit you to continue to use the application.
- We, in our sole and absolute discretion, may refuse to approve or may terminate existing application registrations with or without cause or notice, other than any notice required by any applicable law, and not waived herein.
- You shall not disclose the PIN (which protects access to application on mobile phone) to any person. If you fail to observe any of the security procedures, you may, at your sole risk as to the consequences, incur liability for unauthorized use.
- In the event of the mobile device being lost, misplaced or stolen you must immediately inform us in writing of the same and report it to our customer care service at the numbers provided in our website. Any transaction that has occurred on the application from your mobile device shall be the sole and absolute responsibility of you unless Msewa has received written notice of the theft, loss or misplacement of the mobile device together with instructions to freeze Msewa's mobile application account. For the period commencing from the loss of Phone until Msewa has been notified in writing by you, you will be liable for the actual amount lost on Msewa mobile application transactions carried out from your phone.
- You acknowledge that the Msewa's mobile application is valid for use in India only and is subjected to the terms and conditions specified under the Payment and Settlement Systems Act, 2007
The application facilitates the processing of payment transactions to complete the purchase of a product or for availing services by you. Msewa will, through the mobile application store relevant information such as your account number, amount to be debited from this account, and will process the payment for the transaction on your behalf to the Merchant. Msewa may delay payment processing of suspicious transactions or transactions which are unclear or may involve fraud, misconduct, or violate applicable law, as determined in Msewa's sole and absolute discretion. You authorize the process charge or debit to your account as necessary to complete processing of a payment transaction. You also authorize the reversal of accounting entries/credit of your account in connection with reversals, refunds, or adjustments through mobile application. Transactions, which you initiate, will be completed only if the amount of funds processed successful from your account through the payment options available and is sufficient to meet the transaction amount in full including any applicable convenience charges, fees etc. The amount of each completed transaction will be debited to your account without notice. Msewa reserves the right to limit the maximum/minimum amount which may be transacted each day on the mobile application and any such limits will also be subject to availability and applicable guidelines under the PSS Act 2007. You acknowledge and agree that the services availed or purchase of products by you from Merchants through the mobile application or otherwise are between you and the Merchant, and not between you and Msewa. Msewa is not a party to your purchase of products or the payment transaction which is strictly between you and the merchant, and Msewa cannot under any circumstances be construed as merchants as defined in the Terms and conditions. You accept full responsibility for all transactions processed by the use of Msewa mobile application on your mobile device. Any instructions given by you through the Msewa mobile application shall be irrevocable. You shall, in all circumstances, accept full responsibility for use of the Msewa mobile application whether or not processed with your knowledge or your authority, express or implied. In case of wrongful instructions received or keyed in on the mobile device, Msewa will not be responsible for any claim or loss or damage caused to you or any other person whatsoever, and you will indemnify Msewa against the same. In default of such indemnification, you shall allow the company to debit such loss to your mobile application. All transaction records for use of the Msewa mobile application by you shall be conclusive unless verified otherwise by the company. The verified amount shall always be binding on you.
Consent for Usage of Msewa Mobile Application
The use of the Msewa mobile application shall constitute your express consent to the following:
- To the collection, storage, communication and processing of accounts by any means necessary for maintaining proper transaction records;
- To the release and transmission to the system participants and processors forming part of the Msewa mobile application provided by Msewa, of details of your account and transaction information to enable you to use the application from your mobile device;
- To the retention of data and information by such system participants and processors;
- To the disclosure of information on account where necessary to comply with Service providers, government agency or court orders or legal proceedings and / or in order to satisfy our internal data processing requirements;
- The consumer expressly authorizes Msewa to disclose account related information to its branches, subsidiaries, associated or affiliated companies or entities wherever located, any agents or contractors who have agreed to provide services to the company and any other person, to whom disclosure is required to be made under any law or to whom the company deems fit to make any disclosure.
- You hereby declare that your name does not at anytime appear in the consolidated list of Terrorist Individuals /Blacklisted individual/ organizations as circulated by RBI from time to time The Consumer agrees to provide Msewa information it would require under any law or regulation or any other information we may request from time to time in connection with the use of Msewa mobile application.
The Consumer agrees to provide Msewa information it would require under any law or regulation or any other information we may request from time to time in connection with the use of Msewa mobile application.
- You may only use the Msewa mobile application to make payments for goods and services that is purchased from a merchant through a legitimate, bonafide sale of , goods and services.
- The Msewa mobile application may not be used to process a payment transaction, or otherwise transfer money between a you and merchant other than as allowed under the PSS Act 2007.
- You may not use the Msewa mobile application to process payment transactions in connection with the sale or exchange of any illegal goods or services or any other underlying illegal transaction.
- You agree that you will not use the Msewa mobile application to process payment transactions for any goods or services that violate these terms and conditions, other policies or rules applicable to the Msewa mobile application, or applicable law. Failure to comply with these limitations may result in suspension or termination of your use of the Msewa mobile application.
- You will neither abate nor be a party to any illegal/criminal/money laundering/terrorist activities undertaken by using this Msewa mobile application.
We may establish general practices and limits concerning use of the Msewa mobile application, including without limitation individual or aggregate transaction limits on the rupee amount or number of payment transactions during any specified time period(s). We reserve the right to change, suspend or discontinue any aspect of the Msewa mobile application at any time, including hours of operation or availability of the Msewa mobile application or any Msewa mobile application feature, without notice and without liability. We also reserve the right to impose limits on certain Msewa mobile application features or restrict access to parts or all of the Msewa mobile application without notice and without liability. We may decline to process any payment transaction without prior notice to you or merchant.
We do not warrant that the functions contained in the Msewa mobile application will be uninterrupted or error free and we shall not be responsible for any service interruptions (including, but not limited to, power outages, system failures or other interruptions that may affect the receipt, processing, acceptance, completion or settlement of payment transactions through the Msewa mobile application).
We may limit or suspend your use of the Msewa mobile application at any time, in our sole and absolute discretion. If we suspend your use of the Msewa mobile application, we will attempt to notify you by electronic mail. Suspension of your use of the Msewa mobile application will not affect your rights and obligations pursuant to these Terms and conditions arising before or after such suspension.
Username and Password information
You are responsible for:
- maintaining the confidentiality of your username, password and PIN
- any and all transactions by persons that you give access to or that otherwise use such username or password or PIN, and
- any and all consequences of use or misuse of your username and password. You agree to notify us immediately of any unauthorized use of your username or password or any other breach of security regarding the Msewa mobile application of which you have knowledge, including loss of your mobile device.
You agree to:
- Use and safeguard the security features of the application,
- to be responsible for all uses of the Msewa Mobile application on your mobile device (whether by you or someone else, either with or without your knowledge), and
- In case you have any dispute in respect to the charges or transactions indicated in the statement you shall intimate to Msewa within 10 days failing which it will be to construed that all charges are acceptable. Msewa may at its sole discretion accept any disputes on charges older than 10 days. The consumer may redress any grievances including disputes as per the grievance redressal policy put up by the company in its website
Msewa may terminate your use of the Msewa Mobile application at any time and without notice. In the event you decide to terminate the use of the Msewa Mobile application, you shall give not less than 7 days notice in writing to Msewa to de-activate the Msewa Mobile application. We will in turn issue a confirmation in writing that the said customer Msewa Mobile application have been deactivated and terminated. Such termination shall also be deemed a termination of all related facilities provided by us to a consumer. This Agreement will be governed by the laws of India and the courts in Bangalore, State of Karnataka will have jurisdiction over any dispute in connection with these Terms and conditions.
Msewa reserves the right at any time, to charge you, for the issue or reissue of a Msewa Mobile application and/or any fees/charges for the transactions carried out by you on the mobile application. Any government charges, duty or debits, or tax payable as a result of the use of the Msewa Mobile application shall be your responsibility. Msewa Mobile application may levy service fees towards reloading of money/or processing through Msewa Mobile application. You authorize Msewa to recover all charges related to the Msewa Mobile application account by debiting the balance available or adding additional amount equivalent during processing of the payment transaction in your Msewa mobile application account.
Limitations of Liability
Msewa expressly disclaims all warranties, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Msewa makes no warranty that the software or the services will be uninterrupted, timely, secure, or error free. Msewa is not liable for any direct, indirect, incidental, exemplary, consequential, special or punitive damages or losses relating to or arising from the use of Msewa Mobile application, or this Terms and conditions.
Without prejudice to the foregoing, Msewa will not be under any liability in respect of any loss or damage arising directly or indirectly, to you due to:
- Any defect in goods purchased by you through your Msewa Mobile application;
- The refusal of any merchant/service providers to honour the purchase of any goods/services through your Msewa Mobile application;
- Our exercise of the right to terminate any Msewa Mobile application;
- Any mis-statement, mis-representation, error or omission in any details disclosed by Msewa to anyone or in the statement of accounts.
You will indemnify and hold harmless Msewa and its affiliates from and against any and all claims, costs, losses, damages, judgments, and other expenses arising out (i) Your breach of these terms and condition and use, or (ii) Your illegal, fraudulent, or improper use of the Msewa Mobile application. While advance notice of any substantial maintenance work likely to affect the availability of services shall be given wherever and whenever possible, Msewa reserves the right to suspend, without any notice, access to the Msewa Mobile application and services at any time, whether for routine maintenance or other purpose.
You hereby acknowledge that you have read this agreement, understand it and agree to be bound by its terms and conditions.