Terms and Conditions for Video KYC (V-KYC)

These terms and conditions for Video KYC process (“Terms”) apply to and regulate the operation of Video KYC process offered by One Mobikwik Systems Limited (“Mobikwik”) in India and govern the general relationship between the holder of the mobikwik wallet user (“User”) and Mobikwik, having its registered office at: Unit No. 102, Block – B, Pegasus One Building, Golf Course Road, Sector - 53, Gurugram, Haryana – 122003 , India. These terms shall be in addition to any other terms as stipulated by  Mobikwik from time to time on its website/app (“Platform”) whether pertaining to its product/Facility or in relation to other services or offers provided by Mobikwik.

1. Definitions:

In these Terms applicable to the Video based KYC process the following words and phrases shall have the meaning stated hereunder unless indicated otherwise:

1. “User” shall mean a Resident Indian individual applicant who applies for any product/facility with Mobikwik subject to such product/facility specific terms and conditions as may be specified by Mobikwik from time to time.
2. “KYC” shall mean the ‘Know Your Customer’ process to be completed by Mobikwik as per applicable regulations and guidelines.
3. “Product” / “Facility” shall mean any Mobikwik product or facility that the User has applied/requested for and in respect of which the User has consented to complete the  KYC through the Video KYC process.
4. “Video KYC process” / “V-KYC” shall mean the process of KYC verification conducted through a video call feature supported by Mobikwik in line with extant regulations and Mobikwik policy.
5. “Primary Terms and Conditions” shall mean the terms applicable to the Product/Facility being availed by the User.
6. “Platform” shall mean Mobikwik’s website_______ and Mobikwik App.

2. Applicability of the Terms:

These Terms and primary Terms and Conditions form the express contract between the  User and Mobikwik. The User shall apply to Mobikwik in the prescribed form for the Product/Facility. By applying, the User acknowledges that he has read, understood and accepted these Terms and the primary Terms and Conditions as applicable.

3. General Terms for V-KYC process:
   1. Requirements for availing of V-KYC feature:
      1. V-KYC process is available only for Users who are physically present in India and if the same can be confirmed through their live location through geo- tagging and shall be accessible only during the working hours defined by Mobikwik;
      2. V-KYC process shall not be available during National  holidays;
      3. V-KYC process shall work only in good network/internet conditions and
      4. User should possess requisite documents and materials as informed on the journey page at the time of the V-KYC process to avoid any inconvenience.
   2. On opting for V-KYC process, a two-way video call will be initiated between the User and Mobikwik official to start the V-KYC process.
   3. As a part of V-KYC process, the User shall be required to verify their identity by answering certain questions asked by Mobikwik officials through a video call. By proceeding with the video call, the User accepts the Terms herein.
   4. The User shall be required to co-operate with Mobikwik officials in every manner and provide all such relevant information/data/documents including but not limited to allowing Mobikwik officials to capture their photographs, photographs/screenshots of various documents (including but not limited to Officially Valid Documents (“OVD”), PAN, etc.), screenshot of the User’s signature on a plain paper as submitted by the  User during V-KYC process as and when requested by Mobikwik officials. The User agrees and consents to co-operate and provide all such relevant data/documents, etc. for the purpose of V-KYC process.
   5. The User herein agrees to adhere to the following during the course of the V-KYC process:-
   1. Be professional and respectful with the verification executive.
   2. No profanity, nudity, or illegal activity is allowed during the process.
   3. Cooperation is necessary for successful VKYC completion.

   Note:- non-compliance of any of the above by the Users may result in account suspension or process termination.

   6. The User authorises Mobikwik to collect/store/verify any and all information/details received through the V-KYC process including but not limited to the video call itself, information received from documents/information captured/shared through the video call.
   7. In case the documents shown and verified by Mobikwik officials over a video call do not comply with the Mobikwik policy and/or relevant guidelines due to any reason whatsoever, the application request shall be rejected, and it will be converted to the offline KYC mode. Users need to follow the offline KYC process to complete their KYC verification process in such case for completion of the Product/Facility application request.The User agrees and understands that the image of the signature crop provided by the User shall be updated in Mobikwik records as the User’s specimen signature.
   8. Users who have opted for V-KYC process for the Product/Facility application agree that their request is subject to verification and may be rejected by Mobikwik for various reasons including, but not limited to:
   1. Call drop due to network/internet issues at the User’s or Mobikwik’s end; or
   2. Documents matching criteria is not fulfilled or
   3. Mobikwik official is unable to capture the screenshot of User’s photo or any document or
   4. User is not ready to co-operate with the officials of Mobikwik or
   5. Signature process is incomplete or
   6. Location outside India, face mis-match, poor quality uploaded documents or
   7. For any other reason at the discretion of Mobikwik.

   In case of such rejection, Users need to follow the offline KYC process to complete their KYC verification process for completion of the Product/Facility application request.

   9. The User understands that the V-KYC process is subject to the availability of Mobikwik officials to conduct such V-KYC, and technical stipulations including but not limited to those arising due to any delay, interruption, suspension, resolution or error of Mobikwik in receiving and processing the request and in formulating and returning responses or any failure, delay, interruption, suspension, restriction, or error in transmission of any information or request to and from the telecommunication equipment of the User and the network of any internet service provider and Mobikwik's system or any breakdown, interruption, suspension or failure of the telecommunication equipment of the User, or Mobikwik's system or the network of any internet service provider and/or any third party who provides such services as is necessary to provide the V-KYC process.

4. Fees 

Mobikwik reserves the right to charge fees in relation to the use and/or termination of the Product / Facility including, without limitation, to revise such fees. Mobikwik shall determine and give reasonable notice to the User of the rate of any fee from time to time before they become effective, which shall be binding on the User if the User continues to maintain or use the services on or after the effective date. Fees may be collected from the User in such manner and at such intervals as Mobikwik may specify.

5. Acceptance of Terms and Conditions:

By accepting these terms and conditions in the digital journey of the V-KYC process, the User shall be deemed to have accorded his approval/consent to (i) complete the KYC verification for the Product/Facility application through V-KYC process (ii) the consents, authorisations, declarations, and undertakings, etc. mentioned therein.

6. Miscellaneous:
1. User agrees that all costs incurred at the User’s end (technical/data plan related or otherwise) for completing the V-KYC process shall be borne by the User solely.
2. The User agrees that Mobikwik shall not be liable for any connectivity/signal/data related issues leading to incomplete information/application being provided by the User.
3. In case the Video based KYC process is not completed/submitted for any reason whatsoever, Mobikwik may contact the User for completing offline KYC.
4. User hereby agrees to indemnify, defend and hold harmless Mobikwik from and against any and all liability, loss that may occur, arise from reliance by Mobikwik on the information, declarations, documents, images and undertakings, etc. provided by the User (on account of them being fake/incorrect/erroneous), the usage of online/offline mode for the Product/Facility application including the details provided basis this V-KYC process or breach, non-performance or inadequate performance by the User of any of these Terms, Primary Terms and Conditions or the acts, errors, representations, misrepresentations, misconduct or negligence of the User in performance of its obligations.
5. In case of any inconsistency/inaccuracy/non-completion of any formalities in the V-KYC process or for any other reason whatsoever, Mobikwik may contact the User for offline completion of KYC. The User agrees and confirms that Mobikwik shall at its sole discretion reject the Product/Facility application for any reason whatsoever including but not limited reasons attributable to erroneous, incomplete, misleading information or non-adherence with the relevant norms/non submission of KYC documents to Mobikwik or upon any notice/directions received from any other regulatory body.
6. Mobikwik reserves the right, at any time and from time to time, with or without notice, to cancel, withdraw, suspend, vary, change, add to or supplement the V-KYC process and facilities offered to Users hereunder.

7. Change of Terms:

Mobikwik shall have the absolute discretion to amend or supplement any of these Terms at any time. Mobikwik may communicate the amended Terms by hosting the same on the Website or in any other manner as decided by Mobikwik.

8. Limitation of Liability
1. Neither Mobikwik nor its employees shall be responsible or liable in any way for any direct or consequential loss suffered by the User or any third party or towards any claims that may arise due to the rejections of the Product/Facility application due to the V-KYC process availed by the User.
2. Mobikwik shall not be liable for any failure to perform any obligation contained in these Terms or for any loss or damage whatsoever suffered or incurred by the User or a third party howsoever caused and whether such loss or damage is attributable (directly or indirectly) to any dispute or any other matter or circumstances whatsoever.
3. Under no circumstances shall Mobikwik be liable to the User or a third party for any indirect, incidental, consequential, special or exemplary loss or damages in connection with the V-KYC process.

9. Force Majeure:

Mobikwik shall not be liable for any losses caused by its inability or delay in providing the V-KYC process or fulfilling any of Mobikwik’s obligations hereunder, either wholly or in part, caused by or in connection with any force majeure events including, but not limited to, restrictions on convertibility, transferability, requisitions, hacking, involuntary transfers, riot, disturbance, strikes, lock-outs, bandhs, war, civil strife, burglary, theft, dacoit, accident, hacking, technical fault including problems related to computers, accessories, software, printers, fax machines, internet, telephone system and such related hardware and software beyond the control of Mobikwik, breach of trust by any authorised persons, flood, epidemic/pandemic, fire, earthquake, act of God, act of any Government, change in regulation or law and other allied acts of regulatory or statutory nature or if the performance of such obligation or provision of such service would result in the breach of any law, regulation or other requirement of any governmental or other authority or on account of any other restriction or requisition or other circumstances or events whatsoever beyond the control of Mobikwik and Mobikwik shall not be obliged to provide any service or facility or perform any of its obligations hereunder during the period while Mobikwik’s performance is affected by force majeure conditions. Mobikwik shall not be responsible for any loss or damage caused to the User by reason of any failure to comply with the User instructions, when such failure is caused due to reasons beyond the control of Mobikwik, the opinion of Mobikwik being final in this regard.

10. Governing Law:

The laws of India shall govern these Terms. The User hereby agrees that any legal action or proceeding arising out of the Terms shall be brought in the courts or tribunals at Gurugram in India and irrevocably submit themselves to the jurisdiction of such courts and tribunals. Mobikwik may, however, in its absolute discretion, commence any legal action or proceedings arising out of the Terms in any other court, tribunal or other appropriate forum, and the User hereby consents to that jurisdiction.

Note:- Further, in case of inconsistency between the Terms and any specific term and condition pertaining to a specific Product/Facility, the specific term and condition of that particular Product/Facility shall prevail.