All of the defined and capitalized terms in these T&Cs will have the meaning assigned to them here below:
"Act" means the Payment and Settlement Systems Act, 2007 and any amendment, modification or re-enactment of the same, or any other succeeding enactment for the time being in force.
"Eligible" means satisfying the conditions of eligibility prescribed under Paragraph 3.1 of these T&Cs.
"Merchant" means any of the establishments listed on the webpage available at https://www.mobikwik.com/, which accept payment through MobiKwik Wallet for sale of their goods and services, which have agreed to these T&Cs and with whom We have executed Physical Contracts.
"Merchant Account" refers to the account created for a Merchant Applicant or Merchant as the case may be as soon as it successfully completes the registration process on Mobikwik.
"Merchant Applicant", "You", "Your" or "Yourself" includes a Merchant wherever the context requires and refers to an Eligible entity which successfully completes the process of registration for a Merchant Account and is desirous of becoming a Merchant.
"MobiKwik Wallet" means a semi-closed system payment instrument issued by MobiKwik, which enable payments to Merchants from their customers, who are Our Users ("Wallet to Merchant Transfer") in accordance with RBI Regulations.
"MobiKwik", "We", "Our" or "Us" refers to One MobiKwik Systems Limited, a private limited company incorporated under the provisions of the Indian Companies Act, 1956, having its corporate office at One MobiKwik Systems Limited, 5th Floor, Huda City Centre Metro Station, Sector 29, Gurugram, Haryana 122001, India. MobiKwik is an authorized payment and settlement systems operator under the provisions of the Act and has been granted approval to operate and issue semi closed prepaid payment instrument by the Reserve Bank of India (“RBI”).
"Pay By MobiKwik Wallet" means a widget embedded on the Merchant's official website in order to enable such Users of MobiKwik who want to purchase the products of a Merchant and/or avail the services provided by the Merchant using their MobiKwik Wallet.
"Physical Contract" refers to any and all written documentation that We may execute with You in which You are designated as a Merchant.
"RBI" means the Reserve Bank of India.
"RBI Regulations" means the Act and regulations made thereunder, the Issuance and Operation of Pre-paid Instruments in India (RBI) Directions, 2009 and any notifications, master circulars, instructions or guidelines issued and updated by the RBI from time to time, in relation to the same.
"Services" means the facilitation by MobiKwik of payments by Users to the Merchant for the products/services availed by such Users from the Merchant for transactions involving MobiKwik Wallet and Pay By MobiKwik Wallet and the enabling of receipt of such payments by the Merchant.
"Terms and Conditions of Service" or "T&Cs" refers to these terms and conditions which govern the rights and responsibilities of MobiKwik and Merchants vis-a-vis each other, which are available at T&Cs for Merchants and any future revisions of the same.
"User" refers to a registered holder of a MobiKwik Wallet.
"Working Days" means any day of the year other than those days declared to be Non-Working Days in accordance with Paragraph 6.1 of these T&Cs.