Terms and Conditions of Service for Merchants

By clicking on the "Terms and Conditions" checkbox and successfully completing the registration process for a Merchant Account, You are stating that You are Eligible to be a Merchant with Us and that You have read, understood and agreed to be bound by all of these Terms and Conditions of Service ("T&Cs"), which are not subject to negotiation.

Please note that these T&Cs will be incorporated into any Physical Contract We may execute with You in future and will be enforceable against You to the same extent as the terms of the Physical Contract. Therefore We request You to please read these T&Cs carefully before clicking on the "Terms and Conditions" checkbox.

1. Definitions.

   1. 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 limited company incorporated under the provisions of the Indian Companies Act, 1956, having its corporate office at One MobiKwik Systems Limited, Unit No. 102, 1st Floor, Block-B, Pegasus One, Golf Course Road, Sector-53, Gurugram, Haryana-122003, 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.

2. Interpretation.

   1. Any reference to the singular includes a reference to the plural and vice versa, unless explicitly provided for otherwise; and any reference to the masculine includes a reference to the feminine and vice versa.
   2. Headings and captions are used for convenience only and will not affect the interpretation of these T&Cs.
   3. Any reference to a natural person will, unless repugnant to the context, include his heirs, executors and permitted assignees. Similarly, any reference to a juristic person such as MobiKwik will, unless repugnant to the context, include its affiliates, successors and permitted assignees.

3. Eligibility.

   1. You will not be "Eligible" to be a Merchant unless:
      1. You are an entity registered in India;
      2. You do not provide any of the goods and services listed at here, which are banned under applicable laws and may be updated from time to time ("Banned Goods/Services");
      3. You provide goods and services within India;
      4. You receive payments in Indian Rupees; and
      5. Your authorized representative has attained more than 18 (eighteen) years of age and is competent to enter into a contract.
   2. You may apply or continue to be a Merchant only as long as You are Eligible. If You are not Eligible, please immediately abandon any and all attempts to register with Us.
   3. We reserve the right to terminate Your Merchant Account at any time if We have reason to believe that Your Merchant Account is being used by any person who is not Eligible.
   4. We rely completely on Your representation that You are Eligible and will bear no responsibility if You or anyone who uses Your Account or MobiKwik Wallet is found to not be Eligible.

4. Operational protocols for Merchant Applicants.

   1. a. Merchant account activation for organized and online merchants.
      1. To register for a Merchant Account, You must visit http://wallet.mobikwik.com, where You will be required to provide the following "Registration Data":
         1. The registered entity name;
         2. Your valid and functional e-mail address ("Registered E-mail ID"); and
         3. the valid and functional phone number registered in Your name or the name of Your authorized representative ("Registered Phone Number").
      2. The Registration Data provided by You must be true to the best of Your knowledge, information and belief. We will bear no liability for false or incorrect Registration Data provided by You. Please ensure that Your Registered E-mail ID and Registered Phone Number are in working order in order to receive communication from Us.
      3. Upon successfully filling in the Registration Data, We will send an automated e-mail to Your Registered E-mail ID containing a link, which You must click on for activation of Your Merchant Account.
      4. You hereby expressly consent to receive communications from Us through Your Registered E-mail ID and/or Registered Phone Number.
      b. Merchant account activation for small merchants
      1. To register for a small merchant account, you must install MobiKwik for Business from Google Playstore or reach to our onground agent who will onboard you using MobiKwik P2P agent app. You will be required to prove the following 'Registration Data':
         1. A valid and functional cell number ("Registered Phone Number"),
         2. Your basic details: Your Name (sole proprietor), Shop name, business category, shop address
         3. Your PAN number for identity verification
         4. Your bank account information for payout settlement
         5. Your photo ("Selfie")
      2. The registration data provided by you must be true to the best of your knowledge, information, and belief. We will bear no liability for the false or incorrect registration data provided by you. We will verify information provided you during the onboarding and later when found necessary and any action can be taken disable/terminate the account/relationship with us
      3. Upon successfully filling the registration data, we will send a notification on your registered cell number confirming the successful registration at our end. You will be assigned a QR code that can be used to receive payments from the customers.
      4. You here expressly consent to receive communications from us through your registered phone number or via the mobile app notification.
      5. By accepting the terms and conditions on MobiKwik for Business app, you agree to all the terms of MobiKwik and applicable laws from the regulator(s).
   2. Procedure for negotiation and execution of a Physical Contract.
      1. Please note that activation of Your Merchant Account does not guarantee that You will receive further communication from Us, or that We will certainly execute a Physical Contract with You.
      2. By registering for a Merchant Account, You agree to the following:
         1. to receive communication, queries and documents from Us for the purposes of negotiating and executing a Physical Contract;
         2. to provide information that We have a legal duty to request from all Merchant Applicants on account of the Know Your Customer norms ("KYC Norms") prescribed under RBI Regulations;
         3. You agree to undertake due diligence and update Yourself on RBI Regulations and other applicable laws that may have implications on Your liability as a Merchant;
      3. Upon execution of the Physical Contract, You will become a Merchant and will be entitled to Services subject to these T&Cs and the Physical Contract. Those customers of Your goods and/or services who are also Our Users will be entitled to purchase Your goods and/or services using their MobiKwik Wallet.
      4. In the event of any inconsistency or conflict between these T&Cs and the provisions of any Physical Contract, the provisions of the Physical Contract will prevail to the extent of the inconsistency or conflict.

5. Features and limits of use of MobiKwik Wallet.

   1. Any transaction attempted to be made by a User through his MobiKwik Wallet will be subject to the features and limits of MobiKwik Wallet, which are as follows:

      A.	Feature	Conditions
      1	Currency of issue.	Indian Rupees only.
      2	Re-loading funds.	MobiKwik Wallet is re-loadable, subject to the condition that maximum outstanding balance must not exceed INR 10,000/- (Indian Rupees Ten Thousand only) per month at any point in time.
      3	Cash withdrawal.	Cash withdrawal and redemption of balance from MobiKwik Wallet is prohibited under RBI Regulations.
      4	Transferability.	RBI Regulations prohibit transfers of Accounts and/or MobiKwik Wallets from a User to any third party.
      5	Validity period.	3 (three) years from the date of registration or unless notified.
      6	Maximum permissible period of non-use of a MobiKwik Wallet.	6 (six) months from the date of registration.

      B.	Limit	Conditions
      1	Payment acceptance by a small merchant	A small merchant registered via MobiKwik for Business app or MobiKwik P2P agent app with minimum details will be able to accept maximum, of INR 50,000/- (Indian Rupees Fifty Thousand only) in a month by any channel (Wallet, UPI, Debit Card or Credit Card), or any other limits as may be prescribed by MobiKwik from time to time to mitigate against fraud.
      2	Daily transaction limits	Maximum of the outstanding balance available in a User's MobiKwik Wallet at any time a transaction is attempted, or any other limits as may be prescribed by MobiKwik from time to time to mitigate against fraud.

6. Non-Working Days.

   1. We are reliant on third parties such as banks to deliver timely Services. Since We cannot control the actions of such third parties, We will not be responsible to render Services or process payments or refunds on the following days ("Non-Working Days"):
      1. Days which are declared as holidays here by the RBI, or any other day which is declared a holiday by the RBI on its official website and MobiKwik;
      2. Days including Saturdays and Sundays and declared as bandhs or festivals in any State or Union Territory in India. We will continue to render Services in relation to transactions which do not involve that particular State or Union Territory in which a bandh or festival has been declared on that day; and
      3. Days on which a "Force Majeure" event occurs, as defined under the Physical Contract.

7. Right to use logos.

   1. Nothing contained in these T&Cs or the Physical Contract constitutes a license in favor of either the Merchant or MobiKwik to use each other's trademarks, service marks or logos ("IP"). Any use by MobiKwik of the Merchant's IP will be only with the prior written permission of MobiKwik and any use by MobiKwik of the Merchant's IP will be only with the prior written permission of the Merchant.
   2. The Merchant may be permitted to prominently display, on its official website and in other online marketing materials if applicable, a statement/logo/trademark/image provided by MobiKwik. This statement/logo/image may be prominently displayed to all Users as notified by MobiKwik from time to time. You acknowledge that MobiKwik is the sole and exclusive owner of its trademarks, service marks, logos and/or any other marks, and agree that You will not contest the ownership of the said marks for any reason whatsoever. The Merchant agrees that MobiKwik may at any time, immediately and without advance notice prohibit the Merchant from using any of the marks for any reason.

8. Prohibition against offer of Banned Goods/Services.

   1. If We have any reason to believe that a Merchant is offering any Banned Goods/Services for sale to Users, We reserve the right to terminate with immediate effect the Physical Contract, without providing any reason.
   2. We rely on Your representation that You do not and will not offer Banned Goods/Services for sale. Therefore, We will bear no liability for the offer or sale of any Banned Goods/Services to any persons, including minors.

9. Charges and Settlement of Accounts.

   1. The details of charges levied by Us, including the transaction discount rate ("TDR") on You will be disclosed in the Physical Contract.
   2. We may require You to provide a security deposit to Us in the manner specified under the terms of the Physical Contract. If any security deposit is charged by Us, We will have the right to forfeit the security deposit in the event of any material breach of these T&Cs or terms of the Physical Contract by You.
   3. Any payments made to You by Us will be governed by the following terms:
      1. The net payments will be made available by Us to You after making the following adjustments, deductions and any other deductions in terms of these T&Cs and the Physical Contract from the amount of the transaction (subject to the limits on the monthly withdrawal volumes/limits allowed to You):
         1. the consideration/fees, the TDR along with other dues, fees, charges, etc due to Us in terms of the Physical Contract or at any other rates and percentage as amended from time to time for all transactions processed;
         2. the sum of all customer charges denied, refused, or charged back by the customer/partner banks ;
         3. all costs, charges, expenses, etc. of whatsoever nature on account of, inquiries, disputes, cancellations and/or refunds processed on account of Your's customer charges and/or chargeback; and
         4. any taxes including, but not limited to, service tax, education cess as may be applicable, penalties, charges or other items reimbursable under any of these T&Cs and the provisions of the Physical Contract or otherwise occurring in any manner whatsoever.
      2. We will reconcile the accounts and thereafter make payment to You, subject to Our obligations to withhold payment of the amount arrived for any reason mandated under applicable laws, these T&Cs, terms of the Physical Contract and/or terms of any agreements entered into between Us and Our Users.
      3. You agree and acknowledge that any payment made by Us to You will be made without prejudice to any claims or rights that We may have against You and such payments will not constitute any admission by Us as to the performance by You of Your obligations under these T&Cs and the Physical Contract and the amount payable to You. We will be entitled to set off and/or deduct from any payment due to You, such payments that are subsequently determined to be not due and/or wrongly paid to You.
      4. You agree that subject to applicable laws, We are authorized and entitled to debit Your account for TDR, service tax, other applicable taxes, refund(s) to customer/cardholder and any other amounts due and payable by You to Us in terms of these T&Cs and Physical Contract or in any other manner whatsoever. Our authorization to do so will not be dependent upon or conditional upon You obtaining payment whether through Us or from customers in respect of Your product(s)/service(s) and/or irrespective of whether You comply with the order placed by the customer with You. You agree and undertake to execute all authorizations and writings as may be required by Us from time to time and will ensure that there is sufficient captured transactional amount in Your account at all times.
   4. Upon completion of a transaction and receipt of proof of delivery of the dispatch of the relevant product and/or service of the Merchant, We will deliver payment to the Merchant of the Merchant's share of the customer charge. This amount will always be subject to no potential claims having arisen against Us by third parties in relation to the proposed payment or due to other heads of claims permissible under applicable law.
   5. Subject to provisions of the Physical Contract, We will undertake reasonable efforts to make payments of the Your share of the customer charge to You within 2 (two) Working Days from the date of transaction(s) carried on by the customer ("Payment Period"). We expressly reserve the right to extend the Payment Period to the extent deemed necessary by Us. The Payment Period specified in the Physical Contract will prevail over the Payment Period specified in these T&Cs.

   6. Notwithstanding anything contained in these T&Cs and the Physical Contract, where We has reason to believe that any charges/debits have been fraudulently incurred ("Suspect Charge") We will be entitled to withhold payment (or security deposit) in respect of any such charge/debit until it is held not to be a Suspect Charge. If after due inquiry and investigation by Us, We determine that the charge/debit is a valid charge and not a Suspect Charge, We will release the withheld payment. Provided that if We determine after due inquiry and investigation that any Suspect Charge is not a valid charge at all, We will be entitled not to release the withheld payment so that it may be duly transferred back to the MobiKwik Wallet of the User in question.

      We will communicate to You if any penalty interest is payable by You to Us for the Suspect Charge or any other payments withheld under the provisions of these T&Cs and Physical Contract.

   7. The making of payments by Us to You under these T&Cs and Physical Contract due to Us being unable to exercise set-offs against amounts due to Us will not constitute a waiver of Our rights to recover amounts payable by You to Us. We reserve the right to seek indemnities from You for losses suffered by Us under any heads of claims permissible under applicable laws or for any reason, such as:
      1. Any transaction is for any reason unlawful or unenforceable;
      2. Any information presented electronically to Us in respect of the transaction is not received in accordance with Our requirements as specified from time to time;
      3. Any transaction made outside the territory authorized for the use of such instrument;
      4. Any transaction that is posted more than once to cardholder's account;
      5. Any transaction that is doubtful or erroneously paid for, to You; or
      6. Where the transaction amount exceeds the limits prescribed by Us or RBI from time to time, for any legal or regulatory reasons.
      We reserve the right to discontinue the Service on any of these grounds and recover such amounts from You and to be indemnified in relation to any losses in connection thereto

10. Refunds and Chargebacks.

    1. The official website of MobiKwik (www.wallet.MobiKwik.com) will provide the Merchant with access to a feature titled as "Merchant Settlement Dashboard" that will list all the transactions that were undertaken, attempted or completed by any User using MobiKwik Wallet vis.-a'-vis. the Merchant. The Merchant will not be entitled to make refunds or cancellations to any User through any method other than through the Merchant Settlement Dashboard, and if the Merchant deals directly with the User or attempts to make a refund in any manner other than through the Merchant Settlement Dashboard in relation to these matters, it will constitute a breach of these T&Cs and the Physical Contract executed with the Merchant, entitling Us to terminate the same.
    2. If the Merchant receives a request from a User for refund or cancellation of payment in relation to any transactions involving use of MobiKwik Wallet, the Merchant will process the request and determine whether such refund or cancellation must be processed. If the said request must be processed, the Merchant will notify Us of the same and We will (subject to compliance with Paragraph 10.5 of these T&Cs) transfer back the amount refunded or cancelled to the User's MobiKwik Wallet.
    3. If We receive a request from a User for refund or cancellation of payment, We will forward the request to the Merchant. When the Merchant receives a forwarded request for refund or cancellation, the Merchant will determine whether a refund or cancellation request must be processed. If the said request must be processed, the provisions of Paragraph 10.1 will apply to the extent applicable.
    4. Whenever a refund is agreed to be made by the Merchant to a User, the Merchant will issue a credit slip to Us within 15 days after the refund has been agreed to be made by the Merchant to the User and We will:
       1. Debit the Merchant's bank account at the earliest;
       2. Deduct the outstanding amount from subsequent credits to the Merchant's bank account; and/ or
       3. If there is no credit amount with Us, or insufficient funds available therein, claim from the Merchant the amount credited to the account for the transaction in question, along with interest applicable as per standard bank rates in India.
    5. In the event of there being a shortfall in the account of the Merchant to provide for the amounts payable upon refund or cancellation, then the Merchant will make provisions at the earliest for the payable amount. If the Merchant fails to do so, it will be liable to pay interest at the rate then currently charged to Users in respect of their indebtedness from the due date until the date of payment (as well as after and before any demand made or judgment obtained).
    6. Please note that this Paragraph 10.6 is conditional and will apply only if deemed fit by Us and specified in the Physical Contract. We may require the Merchant to provide an Electronic Clearance Service ("ECS") mandate to Us in such form and manner as provided in the Physical Contract executed with the Merchant. In case of a dispute by a User or chargeback We will provide an opportunity to the Merchant to appeal or dispute the claim. However, Our decision in this regard will be final and binding on the Merchant. The Merchant agrees that if the amount is not paid by the Merchant, We will have the right to execute the ECS mandate to recover the same from the Merchant's bank account.
    7. We will not be liable to the Merchant or the User in connection with any matters pertaining to the validity of refund or cancellation requests, and will act in accordance with the directions of the Merchant subject to compliance with this Paragraph 10.

11. Revision of T&Cs.

    1. These T&Cs may be modified at any time and from time to time, discontinued temporarily or permanently ("Revised") by Us.
    2. Whenever the T&Cs are Revised, We will send an automated e-mail to Your Registered E-mail ID informing You of the changes made.
    3. Please ensure that You read the Revised T&Cs carefully because You will be bound by the Revised T&Cs from the date that the automated e-mail is sent by Us to Your Registered E-mail ID. We will not be liable if the automated e-mail is not received by You for any reason. Your continued use of the Service will be deemed to be an unconditional acceptance of the Revised T&Cs.

12. Notices and communication.

    1. Any notice or notification in connection with these T&Cs or Physical Contract executed with a Merchant will be communicated through the contact information specified in the said Physical Contract, unless otherwise specified.
    2. All Your communication with Us will be of a professional nature only. You will not contact Us to harass, intimidate or threaten any person, or to promote any cause which You may espouse.
    3. You will be subject to Our Terms of Use and Privacy Policy.

13. Severability.

    1. If any part of these T&Cs is determined to be invalid or unenforceable pursuant to applicable laws then the invalid or unenforceable provisions will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these T&Cs will continue in effect.