TERMS OF USE

These terms and conditions (“Terms of Use” or “Terms of Service” or “Terms”) are a computer-generated electronic record published under Rule 3 of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (as amended from time to time) read with Information Technology Act, 2000 (as amended from time to time) and does not require any physical or digital signatures.

These Terms are legally binding and govern your use of “Imps Wala Platform” created, owned and operated by Meeshi Holidays Pvt. Ltd, a limited company incorporated under the laws of India, having registered office at WZ-491,Basai Darapur, New Delhi - 110015 (“ Imps Wala ” or “ Company ”). Please read these Terms carefully before using the Platform and/or availing any of the Services (defined below) provided by Imps Wala through its Platform.

By accessing or using the Platform or Services, you agree to be bound by these Terms and Imps Wala’s Privacy Policy. If you do not agree to be bound by these Terms and the Privacy Policy, you shall not use the Platform and Services in any manner whatsoever.

These Terms are in addition to and not in derogation of any other terms stipulated by Imps Wala from time to time. In case of any conflict between these Terms and such other terms, these Terms shall prevail. Throughout these Terms, “ we ” and “ our ” shall refer to Imps Wala and “ you ” and “ your ” shall refer to you, i.e., the User (defined below) of the Platform. Both Imps Wala and the User are collectively referred to as “ Parties ” and individually referred to as “ Party ” hereof.

Notwithstanding anything contained elsewhere, Imps Wala reserves the right to modify, alter, amend, revise these Terms, update the Platform and Services at any time, without prior notice, to improve your experience on the Platform and on account of changes in Applicable Law. It is strongly recommended that you visit the Platform periodically to review the latest and updated version of the Terms. If you do not agree with any changes made by us, you may stop using the Platform and Services. Your continued access or use of the Platform or Services after such modifications/updation shall constitute your acceptance of the modifications/updation.

ACCEPTANCE

These Terms were last updated on 10 August 2023. By accessing, signing-up and/or accepting or using the Platform or the Services in any manner whatsoever, you acknowledge that you have read these Terms and agree to be bound by them. You also acknowledge that you have read our Privacy Policy and agree to be bound by it. By accessing or using the Platform or Services, you represent that you have provided us with valid credentials which may be used to verify your identity. We reserve the right to restrict, suspend, or terminate your access to the Platform or Services, at any time without prior notice, if we believe that you are in breach of these Terms. For the security of your account and to enhance your overall experience on the Platform, we may use certain technologies to monitor your activities on the Platform. Imps Wala reserves the right to make your details available to its affiliates and partner institutions and you may be contacted by them for information and sales enquiries through e-mail, telephone and/or SMS. You agree to receive promotional materials and/or special offers from Imps Wala its affiliates and partner institutions. These promotional materials and/or special offers will be consent based and you will have the option to unsubscribe.

ELIGIBILITY

You shall register or become a User of the Platform or Services only if you are 18 years or above, and can enter into legally binding contracts as per Applicable Law. To access/use the Platform or Services, you need a valid e-mail address and Indian mobile phone number. Users who have been previously suspended or removed from availing any of the Services shall not be eligible to access/use the Platform or Services at any time. Users shall not impersonate any person or entity, or falsely state or otherwise misrepresent identity, age or affiliation with any person or entity and you may not have more than one active Account (defined below).

DEFINITIONS

For the purpose of these Terms including General Terms and Conditions, Retail Partner Terms and Conditions and Prepaid Card Terms and Conditions, the following words and phrases shall have the meaning assigned to them hereinbelow.

“Account” shall have the same meaning as ascribed to it under Clause 1.2 of these Terms;

“Affiliate” shall mean and include any individual, entity, firm, body corporate, which directly or indirectly, controls, is controlled by, or is under common control with Imps Wala;

“Applicable Law” shall mean and include (i) any law, statute, rule, regulation, order, circular, decree, directive, judgment, decision or other similar mandate of any applicable central, national, state or local governmental/regulatory authority having competent jurisdiction and force of law over, or applicable to you, Imps Wala or the subject matter in question, as may be amended from time to time, and (ii) any notification, circular, directive or other similar instructions issued by a financial sector regulator including but not limited to the Reserve Bank of India (“ RBI ”) and/or rules, regulations, roles, responsibilities and processes laid down by National Payments Corporation of India (“ NPCI ”) and other law enforcement agencies or regulatory authorities from time to time;

“Chargeback” shall mean and include reversal of any transaction made by Service Provider’s User on account of, including but not limited to:

1. any alleged forgery of the User’s account, card or other details pertaining to the transaction;
2. any charge/debit made on Account or card that has been listed as a hot listed card or otherwise listed on the card association warning bulletins;
3. duplicate processing of the transaction;
4. any amount required to be refunded due to denial of a transaction by the User/valid card holder as wrongly charged payment/extra payment and/or due to fraudulent use/misuse of personal and financial information of the Service Provider’s User by any unauthorized person(s) and/or;
5. any other reason as required/approved by the concerned banks, as the case may be;

“Confidential Information” shall mean and include any and all business, technical and financial information of Imps Wala or of any of its Affiliates that is related to any of the arrangements contemplated in these Terms or any other document in which these Terms are incorporated by reference or otherwise disclosed by Imps Wala to the User; any information which relates to its financial and/or business operations, including but not limited to, specifications, models, merchant lists/information samples, reports, forecasts, current or historical data, computer programs or documentation and all other technical, financial or business data, information related to its internal management, customers, products, services, anticipated products/services, processes, financial condition, employees, merchants, Intellectual Property (defined below), marketing strategies, experimental work, trade secrets, business plans, business proposals, customer contract terms and conditions, compensation/commission/service charges payable to the User, and other valuable confidential information and materials that are customarily treated as confidential or proprietary, whether or not specifically identified as confidential or proprietary;

“Effective Date” or “Registration Date” shall mean the date of registration of Account of the User on Imps Wala’s platform.

“Imps Wala Platform or Platform” shall mean and include without limitation, Imps Wala’s websites or web applications including Impswala.com, with all its sub-domains and any other linked web pages, mobile applications (Android and iOS), mobile site services, API keys, features or content and other digital assets or properties developed, owned and operated by the Company, as the case may be, to facilitate the User to access and/or use the Services;

“Imps Wala Policies” “Imps Wala Policies” shall mean and include these Terms, Privacy Policy, Grievance Policy and any other terms and conditions/policies available and updated from time to time on the Platform;

“Intellectual Property” shall mean all intellectual property used for the purpose of or in association with or in relation to the performance of these Terms and applicable agreement, and includes without limitation, (a) software, operating manuals, software code, program, instructions, specifications, processes, input methods, data or information used in relation to, or in association with, or for the operation of the software installed by Imps Wala, (b) patents, copyrights, designs, trademarks, service marks, trade names, business names, logos, symbols, styles, colour combinations used by Imps Wala during the course of its business and all depictions, derivations and representations, graphics, images, content, and the “look and feel” of all of the above (whether registered or not), (d) all information, data or material in whatever form, whether tangible or not, provided by Imps Wala to the User on the Platform; and (e) all techniques, formulae, patterns, compilations, processes, inventions, practices, methodology, techniques, improvement, utility model, procedures, designs, skills, technical information, notes, experimental results, service techniques, samples, specifications of the products or Services, labelling specifications, rights on software, and any other knowledge or know-how of any nature whatsoever.

“KYC” or “Know Your Customer” shall mean the process prescribed under the Applicable Law to collect and authenticate a User’s personal or business identification details before offering Services to the User;

“Services” shall mean the services provided, either directly or indirectly, by Imps Wala and/or any Service Provider to the User including, but not limited to, access and use of the Platform, banking services, non-banking services and other such services;

“Service Provider” shall mean any banking and/or non-banking entity with which Imps Wala has, directly or indirectly, executed an agreement for facilitating transactions between such entity and its customers;

“Users” shall mean and include individuals, body corporate, partnership, limited liability partnership, Retail Partner, merchants, etc., who accessing the Platform and/or using the Services.

1. GENERAL TERMS AND CONDITIONS

These General Terms and Conditions govern the User’s access and use of the Services.

1. INFORMATION SUPPLIED TO IMPS WALA

Users agree that the information provided by the Users to Imps Wala on registration and at all other times, including payment, shall be true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not updated or incomplete (or becomes untrue, inaccurate or incomplete), or Imps Wala has reasonable grounds to suspect that such information is untrue, inaccurate, not updated or incomplete, Imps Wala shall have the right to suspend or terminate your Account and/or refuse any and all current/future access/use of the Platform or Services or any portion thereof.

2. SECURITY OF ACCOUNT

Users’ mobile number, Permanent Account Number (“PAN”) and e-mail shall be used to identify their Account with Imps Wala through which Services shall be dispensed (“Account”). The User is recommended to choose a strong password and Personal Identification Number (“PIN”) to protect their Account. The User shall not share their password and PIN with anyone. Neither Imps Wala nor its Service Providers, under any circumstances, will ever ask for a User's Account password, PIN or OTP or any other Confidential Information. If a User has any reason to believe that his/her Account is no longer secure, the User shall immediately change the Account password and PIN. In case the User is unable to secure his/her Account or has sufficient reason to believe that his/her Account might be compromised, the User shall inform Imps Wala promptly.

3. PRIVACY POLICY

All information collected from a User pursuant to provision of Services under these Terms is subject to Imps Wala’s Privacy Policy. By using our Platform and/or Services, you hereby consent to the use of your information as outlined in our Privacy Policy

4. RECLAIMING INACTIVE ACCOUNTS

Imps Wala reserves the right to reclaim an Account without any prior notice to the concerned User if the Account is found to be inactive. For the purpose of this clause, an Account is considered as inactive if the concerned User has not signed in and/or has not done any transaction(s) for more than six (6) consecutive months.

5. THIRD PARTY SITES, PRODUCTS AND SERVICES

Imps Wala’s Services and/or Platform may include links or references to third-party websites or services solely for User’s convenience (“ Reference Sites ”). Imps Wala has no control over the Reference Sites and does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through them. Correspondence or business dealings between Users and the concerned Reference Sites are solely between such User and the concerned Reference Site. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at the concerned User’s own risk. You acknowledge and agree that Imps Wala shall not be liable, directly, or indirectly, for any loss or damage caused or alleged to be caused by your use of or reliance on any materials, products, and services on or available through Reference Sites. It is also clarified that Imps Wala shall have no liability with respect to any acts, omissions, errors, representations, warranties, breaches, or negligence of the Reference Sites or for any personal injuries, death, property damage, or other damages or expenses resulting from your interactions with the Reference Sites.

6. COMMUNICATION POLICY

The User hereby accepts that:

1. Imps Wala may send transactional or non-transactional business communication in the form of SMS or email or push notifications as part of its efforts to fulfil your request or service your Account. A User may continue to receive transactional and critical communication from Imps Wala even after opting out of marketing communications. You expressly waive any registration or preference made under DND/NCPR list under applicable TRAI regulations.
2. Imps Wala will make the best efforts to provide notifications and it shall be deemed that the User shall have received the information sent from it during the course of, or in relation to, using the Platform or availing any Services. Imps Wala shall not be under any obligation to confirm the authenticity of the person(s) receiving the alert. The User shall not hold the Company liable for non-availability of any notification service in any manner whatsoever.
6. LIMITATION OF LIABILITY
1. In no event will Imps Wala or its directors, agents, officers, or employees be liable to a User for any special, indirect, incidental, consequential, punitive, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or loss of goodwill, or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) of any kind arising out of or relating to:
1. these Terms or any other agreement entered between the User and Imps Wala;
2. the Services, Platform, or Reference Sites;
3. User’s use or inability to use the Services, Platform, or any Reference Sites, even if Imps Wala or its authorized representative has advised of the possibility of such inaccessibility;
4. unauthorized access to or alterations or transmission of data, any material or data sent or received or not sent or received;
5. any transaction(s) entered into by any third person or conduct of any other third-party or any infringement of another’s intellectual property rights;
6. the use of counterfeit or stolen cards, or stolen devices, or;
7. fraudulent electronic transactions.
2. It shall be at the sole discretion of Imps Wala to reverse any transaction subject to approval of the concerned Service Provider. Notwithstanding the above, if any court of law finds that Imps Wala or its directors, officers, or employees, are liable to indemnify a concerned User despite the existence of this Clause 1.7, such liability shall not exceed the amount paid by the concerned User, if any, for using the portion of the Services or the Platform giving rise to such cause of action.
3. Users acknowledge and agree that Imps Wala has offered its products and Services, set its prices, and entered into these Terms and applicable agreement in reliance upon the warranty, disclaimers, and the limitations of liability set forth herein.
4. Users acknowledge that the warranty, disclaimers, and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between Users and Imps Wala, and that the warranty, disclaimers, and the limitations of liability set forth herein form an essential basis of the bargain between Users and Imps Wala. Imps Wala would not be able to provide the Services to Users on an economically reasonable basis without these limitations.
5. Users understand that Imps Wala or the Service Providers may reject authentication and/or authorization of transaction placed by Users for any reason including but not limited to insufficient funds, incorrect authentication details provided, expired card/bank account, risk management, suspicion of Fraudulent Transaction (defined below), selling of restricted or banned items, use of compromised cards or bank account numbers, use of banned/blacklisted cards or bank account numbers, use of suspicious API or in accordance with Applicable Law.
6. Users further acknowledges that as a security measure Imps Wala and/or the Service Providers may at their sole discretion, and in accordance with Applicable Law, permanently or temporarily, block any or all Services from any specific blocked or blacklisted group of IP addresses, devices, geographic locations and/or undertake any such risk mitigation measures as deemed necessary.
7. As a risk management tool, Imps Wala and/or the Service Providers reserve the right to limit or restrict the transaction size, amount and/or monthly volume at any time. Imps Wala considers various factors and such determination will be at its sole discretion.
7. FRAUDULENT TRANSACTIONS
1. If Imps Wala identifies any unauthorized transaction and/or use case (“ Fraudulent Transaction ”), the User shall be notified by Imps Wala. The User shall furnish documents and information pertaining to the transaction within one (1) day (or such other period specified by the bank).
2. The User agrees and acknowledges that:
1. if the User is unable to furnish relevant documents, or
2. the bank is not satisfied with the documents furnished by the User, then the bank shall be entitled to order Imps Wala to affect a reversal of the amount associated with the Fraudulent Transaction.
3. Imps Wala shall also be entitled to suspend the settlement of the amount under dispute or hold the value of transaction under dispute from following the settlement of the transaction during the pendency of inquiries, investigations, and resolution thereof by the Service Provider to the User.
4. If the amount in respect of the Fraudulent Transaction has already been settled to you pursuant to these Terms, any dispute arising in relation to the said Fraudulent Transaction, following settlement, shall be resolved in accordance with notifications, circulars and guidelines issued by the RBI in this regard from time to time.
5. The User also agrees and acknowledges that it shall be liable to pay fines, penalties and charges imposed by banks, card payment networks or any regulatory authority on account of transactions that are in violation of Applicable Law.
6. The User further agrees and acknowledges that following Imps Wala incurring the charge stipulated in clause 1.8 (ii), if the available transaction amounts are insufficient for deduction of the Amount associated with the transaction, then Imps Wala is entitled to issue a debit note seeking reimbursement of the amount from the User. The User shall reimburse the amount within three (3) working days of receipt of the debit note.
7. The Parties hereto agree that the User shall be solely liable for any payment instructions for transactions accepted by the User as per the Terms hereof which are subsequently disputed due to (a) authorization by the User of any Transaction with an amount exceeding the User’s account balance or credit limit, or (b) authorization by the User of a Fraudulent Transaction.
8. The User hereby acknowledges and agrees that Imps Wala is a facilitator for payment processing services which are requested by the User. Imps Wala shall not be responsible for any unauthorized transactions done by any person including a third-party which may cause infringement of such third-party’s rights or loss of any amounts claimed by the customers. Users shall be responsible to ensure due protection while transacting online or otherwise. Imps Wala will assist the Users in settling any queries related to the Services that arise between the Users, and their customers. However, Imps Wala shall bear no responsibility with respect to any dispute or query related to payment made to the Users by their customers.
9. You agree and acknowledge that Imps Wala shall not be liable for any liability arising in respect of a Fraudulent Transaction whether it is domestic or international.
8. SECURITY OF YOUR ACCOUNT
1. While accessing/using the Platform and Services, Users shall comply with these Terms and Applicable Law including without limitation pertaining to data security and management, data storage, sharing and data protection, and shall ensure the same level of compliance by all its employees, agents, and representatives.
2. User confirms and certifies that it shall not engage in any act that violates Applicable Law. It shall also ensure that financial data or any other information of the customers received by the User are stored in a system only in India. This data shall include full end to end transaction details/information collected/carried/processed as part of the message/payment instructions. The User also acknowledges and agrees that the Account balance maintained by the Users on the Platform shall be non-interest bearing and shall be forfeited by Imps Wala if found lying unused for more than three hundred and sixty-five (365) days.
3. User hereby grants and confirms the existence of the right of lien and set-off with Imps Wala, which Imps Wala may exercise at any time without prejudice to any of its specific rights under any other agreements with the User. Imps Wala may at its sole discretion and without notice to User, utilize and/or appropriate any monies belonging to such User which are lying/deposited with Imps Wala or due by Imps Wala to such User and/or any balance monies lying and/or any monies deposited and/or any future receivables by way of deposit of the monies in the Account/wallet in order to recover funds for transactions which are incorrectly or erroneously processed.
4. Imps Wala shall also be entitled to freeze operations of the Account of any User and/or exercise the right of lien and/or set-off with or without notice, if Imps Wala is of the view and/or suspects any omission and/or commission of any act including but not limited to any malafides/fraud/mischief/impersonation/phishing/hacking/unauthorized access etc., for such period as it may deem fit until it has received to its satisfaction necessary clarifications as sought from the User and/or until it is convinced that operations in that Account can recommence. The User shall forthwith furnish all clarifications/information sought by Imps Wala and Imps Wala shall not be held responsible or liable for any losses, expenses, costs etc. suffered or incurred by the User by reason of freezing of the Account and/or due to exercise of the right of lien and set-off by Imps Wala. Imps Wala shall also be entitled to defreeze the Account or remit the amount standing to the credit of such Account(s) whether jointly or singly, as the case may be, to the concerned authority without any notice to the User pursuant to the receipt of any notice or direction to that effect from any statutory/regulatory/legal/investigative authorities.
9. USER’S REPRESENTATIONS AND WARRANTIES

The User represents and warrants that:

1. it is eligible and has the legal capacity or authority to enter into, exercise rights under, and perform obligations under these Terms.
2. it has read and reviewed these Terms and had sufficient time to evaluate and investigate the provision of Services under the applicable agreement and the financial requirements and risks associated with the same.
3. it has duly accepted these Terms, which form a legal, valid, and binding obligation, and are enforceable in accordance with the clauses stipulated herein.
4. its use of the Services is solely for its own bona fide use and in compliance with Applicable Law as well as any directions issued by Imps Wala from time to time.
5. it shall immediately intimate Imps Wala of any violation or potential violation of these Terms or of other circumstances that may cause damage to Imps Wala’s goodwill and reputation.
6. it shall be responsible to obtain any and all consents and approvals that are required from regulatory or governmental authorities, including any consent from customers required to transfer personal data to the User and/or Imps Wala or its Affiliates required for the access/use of the Platform or Services, as the case may be, in accordance with Applicable Law.
7. it shall be solely responsible for and hereby undertakes to strictly comply with Imps Wala’s Privacy Policy, and Applicable Law including but not limited to data protection, security, piracy, and directions issued by the regulators relating to payment data, and shall obtain and maintain in full force and effect all registrations required under Applicable Law for the operation of the business in terms of the applicable agreement. It shall also not deal in any of the products or services as mentioned in list of Restricted Services of these Terms. Please note that this list of Restricted Services is subject to addition/change without prior intimation to you.
8. it shall not access (or attempt to access) the Platform and the Services by any means other than through the interface that is provided by Imps Wala. It shall not use any deep-link, page scrape, robot, spider or other automated device, program, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Platform, or in any way reproduce or circumvent the navigational infrastructure or presentation of the Platform.
9. it shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password mining or any other illegal means.
10. it shall inform the Company in case income tax return is not filed by the User for the previous financial years starting from FY 2020-2021 and undertake to indemnify and keep indemnified Imps Wala against any and all losses, claims, liabilities, costs, taxes, interest, penalties imposed by any government and regulatory authority for non-complying with Section 206AB or any other provisions of Income Tax Act, 1961. The User also agrees that in case of any non-compliance as per the above-mentioned section, Imps Wala shall recover TDS amount from the User along with interest and penalty.
11. it shall assist Imps Wala in furnishing to its auditors, Service Providers, governmental authorities, or law enforcement agencies, forthwith upon request from time to time, KYC Documents, relevant books, the original copy/copies of proof of transactions, invoices, or other records, and shall retain records relating to transactions for a period of 10 (ten) years from the relevant date of the order placed on the Platform.
10. INDEMNIFICATION

User agrees to indemnify, save, and hold Imps Wala, its Affiliates, contractors, employees, officers, directors, agents and its third-party suppliers, licensors, and partners harmless from any and all claims, demands, actions, suits which may be threatened or brought against Imps Wala, and also against all losses, damages, liabilities, costs, charges, and expenses, including without limitation, legal fees and expenses arising out of or related to:

1. Users’ use or misuse of Platform/Services;
2. User’s use or misuse of the Account;
3. any violation by the User of these Terms or applicable agreement;
4. any breach of representations, warranties and covenants made by the User in these Terms or applicable agreement;
5. any claim or legal notice or quasi-legal proceedings to which Imps Wala may be required to become party or to which Imps Wala may be subjected by any person including any governmental authority, by reason of breach of any Applicable Law;
6. due to failure of a User to obtain any required statutory or regulatory approval necessary for the performance of its obligations in the applicable agreement with Imps Wala;
7. all liability, claims, damages, costs, expenses suffered or incurred by Imps Wala as a result of any act or violation by User under Section 269ST of the Income Tax Act, 1961 while acting as collection agent of Imps Wala;
8. Imps Wala reserves the right, at User’s expense, to assume the exclusive defence and control of any matter, including rights to settle, for which concerned User is required to indemnify Imps Wala. The User agrees to cooperate with Imps Wala’s defence and settlement of these claims. Imps Wala will use reasonable efforts to notify the User of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it.
11. DISCLAIMER OF WARRANTY

To the fullest extent permissible under Applicable Law, Imps Wala and its Affiliates, officers, directors, employees, and agents disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by a User from Imps Wala or through Imps Wala’s Services or the Platform will create any warranty not expressly stated herein. Imps Wala does not authorize anyone to make any warranty on its behalf and Users should not rely on any such statement. Users acknowledge that Imps Wala is a reseller and is not liable for any third-party seller’s obligations. It is User’s responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, merchandise, and other information provided through the Platform or on the internet generally. Imps Wala does not warrant that the Services will be provided uninterrupted, or free of errors, viruses, or other harmful components, and that any of the foregoing defects will be corrected. Imps Wala’s Services and the Platform and any data, information, third-party software, Reference Sites, or software made available in conjunction with or through its Services and the Platform are provided on an “as is” and “as available” and “with all faults” basis and without warranties or representations of any kind either express or implied. Imps Wala and its third-party suppliers, licensors, and partners do not warrant or make any representations regarding the use or the results of the use of the Services, the Platform or any Reference Sites in terms of correctness, accuracy, reliability, or otherwise.

13. INTELLECTUAL PROPERTY
1. Imps Wala’s Services and the Platform are owned and operated by Imps Wala and/or third-party licensors. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of the Services and the Platform provided by Imps Wala (the “Materials”) are protected by Applicable Law.
2. As between User and Imps Wala, all Materials and Imps Wala’s Intellectual Property are the property of Imps Wala and/or third-party licensors or suppliers as applicable. User agrees not to remove, obscure, or alter Imps Wala or any third-party’s copyright, patent, trademark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Services.
3. Either Party does not accrue any rights or interest in the other Party’s Intellectual Property and use of any Intellectual Property by either Party shall be strictly for the fulfilment of and in compliance with the terms of the agreement between the Parties.
4. The Parties undertake that they shall not, nor will they allow others to, reverse engineer or disassemble any parts of the other’s Intellectual Property.
5. If Users’ have comments regarding the Services and the Platform or ideas on how to improve it, please write to our 24x7 Helpdesk at support@impswala.com. Please note that by doing so, concerned User hereby irrevocably assign to Imps Wala, and shall assign to Imps Wala, all right, title and interest in and to all ideas and suggestions and any and all worldwide intellectual property rights associated therewith. The concerned User agrees to perform such acts and execute such documents as may be reasonably necessary to perfect the foregoing rights.
6. User acknowledges that Imps Wala has granted the User a personal, non-exclusive, non-transferable, limited privilege to avail the Services and make personal use of the Platform and/or the Services. Therefore, the User undertakes that:
1. they shall use the Intellectual Property solely for discharge of their duties under the applicable agreement;
2. they shall use Intellectual Property of other party only in the form and manner stipulated by such party;
3. they shall not sell, license, distribute, copy, modify, publicly perform, or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials or Imps Wala’s Intellectual Property;
4. they shall seek prior written consent from other party for use of such party’s Intellectual Property which is not previously provided for by such Party;
5. they shall bring to other party’s notice all cases concerning such party’s Intellectual Property’s (a) infringement, (b) passing off, (c) registration, or (d) attempted registration;
6. they shall render to other party all assistance in connection with any matter pertaining to the protection of such party’s Intellectual Property whether in courts, before administrative agencies, or otherwise;
7. they shall refrain from taking any action which shall or may impair other party’s right, title, or interest in the Intellectual Property, or create any right, title, or interest therein or thereto, adverse to that of the other party;
8. they shall not use or permit to be used the Intellectual Property by any unauthorized person;
9. they shall not misuse the Intellectual Property or use it together with any other mark(s);
10. they shall not use any of Imps Wala’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features;
11. they shall not remove, obscure, or alter any proprietary rights notices (including trademark and copyright notices), which may be affixed to or contained within the Services; and
12. they shall not copy or transmit any of the Services.
14. AMENDMENT

Imps Wala has the right to change, modify, add, delete, discontinue, remove, or impose conditions on any feature of these Terms, either in its entirety or a part thereof at any time by posting a notification on the Platform or otherwise communicating the notification to Users. The changes will become effective, and shall be deemed accepted by Users, twenty-four (24) hours after the initial posting and shall apply immediately on a going-forward basis with respect to payment transactions initiated after the posting date. If a User does not agree with any such modification, the User’s sole and exclusive remedy is to terminate their use of the Platform/Services.

15. CONFIDENTIALITY
1. The User shall keep Confidential Information as confidential. The User confirms that it shall protect Confidential Information with such security, confidentiality, and degree of utmost care as it would prudently apply to its own confidential information and use it solely in connection with the transaction to which the Confidential Information relates. The User acknowledges and agrees that it is aware of the sensitivity & secrecy involved in keeping the customer data/information and transaction records and shall ensure that neither the User nor their employees, directors etc. will do any act to violate the same.
2. Notwithstanding anything contained in this Clause 1.16 (i), Confidential Information shall exclude any information: (a) which is already in the possession of the receiving Party and not subject to any other duty of confidentiality; (b) that is at the date hereof, or subsequently becomes, public otherwise than by reason of a breach by the receiving Party of these Terms; (c) information that becomes legally available to the receiving Party and/or its Affiliates or professional advisors on a non-confidential basis from any third-party, the disclosure of which does not, to the knowledge of that Party, violate any contractual or legal obligation which such third-party has to the other Party with respect to such information; and (d) information that is independently acquired or developed by the receiving Party and/or its Affiliates or professional advisors.
3. The User hereby agrees that it shall not disclose any Confidential Information received by it without the prior written consent of Imps Wala to any third-party at any time. Provided however, that either Party may make the following disclosures for which no consent shall be required from the other Party:
1. Disclosures to its directors, officers, employees, Affiliates/subsidiaries/group/holding companies, third party service providers and any employees thereof that it reasonable determines need to receive the Confidential Information;
2. Disclosures to its legal and other professional advisers, instructed by it that it reasonably determines need to receive the Confidential Information; or
3. Disclosures to any person to whom it is required under Applicable Law or any applicable regulatory, supervisory, judicial, or governmental order, to disclose such information, or at the request of any regulatory or supervisory or judicial or government authority.
16. TERMINATION

Imps Wala reserves the right to terminate/suspend these Terms or User’s access to the Platform and Services without prior notice and without any liability to the User or any third-party. In the event the User wants to terminate the Terms, it can email at support@impswala.com with a prior notice of thirty (30) days to stop the Services. Any suspension/termination of the User’s access to the Platform and Services shall be without prejudice to Imps Wala’s right to exercise any other remedy available to it under the Applicable Law.

17. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions and the exclusive jurisdiction of competent courts in New Delhi, India.

18. FORCE MAJEURE

Imps Wala shall not be liable for failure to perform its obligations under these Terms to the extent such failure is due to causes beyond its reasonable control. In the event of a force majeure event, Imps Wala if unable to perform shall notify the User in writing of the force majeure event and the performance obligations of the Company will be extended by a period of time equal to the length of the delay caused by such force majeure event; provided that if any such delay exceeds ninety (90) days, then following such ninety-day period, either Party hereto may terminate the unperformed portions of these Terms with a ten (10) days prior written notice to the other Party. For the purposes of these Terms, force majeure events shall include, but not be limited to, acts of God, failures or disruptions, orders or restrictions, war or warlike conditions, hostilities, sanctions, mobilizations, blockades, embargoes, detentions, revolutions, riots, looting, strikes, stoppages of labour, lockouts or other labour troubles, earthquakes, fires or accidents and epidemics and/or pandemics.

19. MISCELLANEOUS
1. SEVERABILITY. If any provision of these Terms is held to be unlawful, void, invalid or otherwise unenforceable, then such provision shall be limited or eliminated from these Terms to the minimum extent required, and the remaining provisions shall remain valid and enforceable.
2. ASSIGNMENT. These Terms and any rights granted hereunder, shall not be assignable by the User, but may be assigned by Imps Wala without any restriction. Any assignment attempted to be made in violation of this clause 1.19 shall be void and of no effect.
3. HEADINGS The heading references herein are for convenience purposes only, and do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof.
4. NOTICE. Imps Wala may provide Users with notices and communications through registered e-mail, regular mail, or posts on the Imps Wala website(s) or Platform or by any other reasonable means. Except as otherwise set forth herein, notice to Imps Wala must be sent by courier or registered post to Meeshi Holidays Pvt. Ltd, WZ-491,Basai Darapur, New Delhi - 110015, India.
5. WAIVER. The failure of Imps Wala to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms, express or implied, shall be effective only if in writing and signed by Imps Wala.
6. RELATIONSHIP BETWEEN THE PARTIES. The Terms are not intended by the Parties to constitute or create a joint venture, pooling arrangement, partnership, agency, or formal business organization of any kind. Imps Wala and the User shall be independent contractors with each other for all purposes at all times and neither Party shall act as or hold itself out as an agent or representative of the other Party nor shall create or attempt to create liabilities for the other Party by acting or holding itself out as such.

Privacy Policy

Meeshi Holidays Pvt. Ltd (“Imps Wala”, “we”, “us”, “our”), respects every individual’s right to privacy and it is our endeavour to protect their personal and Sensitive personal data or information (defined below).

This Privacy Policy (“Policy”) applies to all visitors (i.e. those who do not have an Account with Imps Wala) and users (i.e. those who have an Account with Imps Wala) (collectively referred to as “User”) who share their personal and Sensitive personal data with us, while visiting, accessing, browsing and using our website and mobile application (collectively referred to as “Website”). The purpose of this Policy is to inform Users regarding collection, use, storage, transfer and disclosure of their data. Before submitting any information to us, please carefully read this Policy to understand how we shall treat your information.

The User acknowledges that this Policy is a part of Imps Wala's Terms & Conditions and all the terms defined there have the same meaning here in this Policy. Access, browsing and continuous use of the Website constitutes the User’s unconditional consent to this Policy read together with the Terms of Use. If the User does not agree with the terms of this Policy, please do not visit and use our Website. This Policy can be easily accessed at various places on our Website, including but not limited to when Users create an account with us on our Website.

Imps Wala reserves its right to modify, alter, and update this Policy at any time, with or without prior notice. Although, Users shall be notified of material changes through their registered email address or any other mode of communication available with us, it is advised that they consult this Policy regularly to be updated about the changes. If a User continues to use or avail the services of the Website after any modification, amendment, alteration or change of this Policy, irrespective of whether notice was sent to the User or published on the Website, such User is hereby deemed to provide consent to this Policy and Imps Wala's other Policies and practices existing at the time of visiting, accessing and/or using the Website.

This Policy is published in compliance of:

1. Section 43A of the Information Technology Act, 2000 (“Act”)
2. Regulation 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (“SPI Rules”)

DEFINITIONS

1. Personal Information

SPI Rules define “Personal Information” as any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available with a body corporate, is capable of identifying such person. Such information includes name, address, mobile number, etc.

2. Sensitive personal data or information

SPI Rules define “Sensitive personal data or information” of a person as personal information which consists of information relating to:

1. passwords;
2. financial information such as bank accounts or credit card or debit card or other payment instrument details;
3. physical, physiological and mental health condition;
4. sexual orientation;
5. medical records and history;
6. biometric information;
7. any of the information received under above clauses by body corpoli> for processing or storage under lawful contract or otherwise.

Information which is freely available in the public domain or furnished under the Right to Information Act, 2005 or any other law shall not be regarded as sensitive personal data or information.

3. Payment Data

“Payment Data” is defined as end-to-end transaction details and information pertaining to payment or settlement transaction that is gathered / transmitted / processed as part of a payment message / instruction. Payment Data includes - Customer data (Name, Mobile Number, email, Aadhaar Number, PAN number, etc. as applicable); Payment sensitive data (customer and beneficiary account details); Payment Credentials (OTP, PIN, Passwords, etc.); and, Transaction data (originating & destination system information, transaction reference, timestamp, amount, etc.).

Consent for collection of Personal Information

Users provide their consent to the use, disclosure, storage, possession, receiving, dealing or handling of their Personal Information by accessing, browsing, or availing services on the Website.

In accordance with Rule 5 of SPI Rules, Users provide their specific consent to the use, disclosure, storage, possession, receiving, dealing or handling of their Sensitive personal data or information for lawful purposes enumerated in this policy through checking the box affirming such consent appearing at the time of creation of their Account on the Website.

Imps Wala presumes adequate and lawful parental consent in case the Personal Information or Sensitive personal data or information is shared by a User under the age of 18 years.

Types of information we collect

The Users who access and use our Website are required to submit certain Personal Information and Sensitive personal data or information for creating an Account, entering into transactions with us and obtaining customer support services. Personal Information and Sensitive personal data or information which may be collected by us includes:

1. full name and age;
2. username and password;
3. PAN;
4. password of User’s account registered with us;
5. postal address;
6. E-mail address;
7. mobile number;
8. internet protocol (IP) addresses (through cookies);
9. URL of website accessed prior to and post Users’ accessing our Website;
10. credit/debit card number, credit/debit card expiration date and/or other payment instrument details;
11. User’s feedback, queries, e-mails, letters, suggestions provided to us;
12. third party information about concerned User’s activities or postings on the Website;
13. Information about the mobile/tab device the App is installed on or mobile device identifier.
14. any other information relevant for accessing and using our Website as maybe required by us.

Purpose of collection

We shall collect your Personal Information or Sensitive personal data or information only for specific, clear and lawful purposes. These include:

1. to give the User a safe, efficient, smooth and personalised experience while using our Website;
2. to improve our services and products;
3. to respond to your queries or complaints generally related to our services, etc;
4. to send promotional emails containing information about our existing and new products/services, newsletters, notify changes in this Policy or other policies etc;
5. to analyse the traffic on our Website and conduct market research regarding users’ demographics, interests, and behaviour;
6. to create new products and services;
7. to provide customer support services;
8. to detect, prevent and address error, fraud, criminal activity, abuse of our services and technical issues;
9. to enforce Terms of Conditions;
10. to provide co-branded services in affiliation with more than one corporate entity;
11. other such lawful purposes as described at the time of collection of Personal Information or Sensitive personal data or information.

How information is collected

We collect information which the Uservoluntarily provides us at the time of visiting, accessing, browsing and using our Website, our social media profiles, and customer support service. We also collect data automatically by analysing your online behaviour (through cookies).

The User has an option to not provide us with certain information or withdraw consent to provide certain information at any time, in accordance with the terms of this Policy. In case consent is withdrawn, we shall retain your Personal Information or Sensitive personal data or information for a period deemed appropriate by us or as mandated by law. On revoking of your consent, we reserve the right to limit access to the various features and services provided on the Website.

Disclosure of information

You expressly consent to and authorize us to share your Personal Information and Sensitive personal data or information with our trusted affiliates and any other third party, to the extent and for the lawful purposes as stated in this Policy. We shall not disclose any Personal Information or Sensitive personal data or information to any government institution or authority, except where such disclosure is (i) obligated by law, (ii) requested by a lawfully authorized government authority, (iii) pursuant to a judicial decree, (iv) for enforcing and protecting the legal rights of Imps Wala or others’, (v) for seeking any relief, (vi) for defending any charge, (vii) for opposing any claim, (viii) for enforcing this Policy or our Terms of Use, (ix) for obtaining any legal advice. We also reserve our right to disclose, share or transfer your Personal Information or Sensitive personal data or information to a third party due to any change in ownership, merger, restructuring or sale of our business assets.

Use of cookies and other technologies

To improve the effectiveness and usability of the Website for our Users, we use “cookies”, or similar technology to collect information and assign each visitor a unique random number called as a User Identification (User ID) in order to understand the User's individual interests. Our web servers automatically collect limited information about the User’s computer connection to the Internet, including User’s IP address, when the User visits the Website (User’s IP address is a number that lets computers connected to the internet know where to send data to the User such as the web pages viewed by the User).

Users may encounter “cookies” or other similar devices on certain pages of the Website that are placed by third parties. We do not control the use of cookies by third parties and disclaim any obligation or liability associated thereto.

Links to other websites

The Website provides links to other websites which may or may not collect information about the User. The User acknowledges that this Policy does not cover the collection and use of information by such sites and that we shall not be responsible for the privacy policies, practices or content of the linked websites.

Correction and updation of information

The User shall promptly notify us in case any Personal Information or Sensitive personal data or information supplied by such User as maintained in our records is inaccurate, misleading or incomplete. Further, the User may also review, update or modify the information by logging into their Account on the Website. We shall not be responsible for the authenticity of Personal Information or Sensitive personal data or information supplied by a User.

Retention of information

Your Personal Information and Sensitive personal data or information may be retained and used until: (i) the relevant purposes for the use of your information described in this Policy are no longer applicable; and (ii) we are no longer required by applicable law, regulations, contractual obligations or legitimate business purposes to retain your information; and (iii) the retention of your information is not required for the establishment, exercise or defense of any legal claim.

Mailers

Imps Wala may send direct mailers to the User at the email address given by the User. The User has the option to opt-out of this direct mailer by way of links provided at the bottom of each mailer or any other means as Imps Wala deems appropriate. Imps Wala respects every User’s privacy and in the event that User chooses to not receive such mailers, Imps Wala will take all steps to remove the User from the list. If a User wants to remove his/her/it’s contact information from all mailing lists and newsletters, the same can be done through “Profile” page of his/her/it’s account with Imps Wala.

Advertising

We use third-party advertising companies to serve ads when you visit our Website. These companies may use your anonymized information (i.e. information which does not include your name, address, email address or mobile number) in order to provide advertisements about goods and services of interest to you. Such anonymized information is usually in the form of aggregated statistics on traffic to various pages within our Website.

Data Localization

In compliance with Reserve Bank of India’s circular RBI/2017-18/153 DPSS.CO.ODNo.2785/06.08.005/2017-2018 dated April 6, 2018, all Users, including system participants, service providers, intermediaries, payment gateways, third party vendors and other entities in the payments ecosystem, who are retained or engaged by Imps Wala for providing payment services shall mandatorily store entire Payment Data in systems located only in India. Notwithstanding the above, for cross border transaction data, consisting of a foreign component and a domestic component, a copy of the domestic component may also be stored abroad, if required.

How we secure the information

The Website has put stringent security measures necessary to prevent misuse, unauthorised access, modification, disclosure or destruction of your Personal Information and Sensitive personal data or information in our control. All information collected by us is stored on servers secured behind a firewall; such servers are password-protected, and access is strictly limited based on need-to-know basis.

We may undertake periodic review of our security safeguards and this Policy to incorporate such future changes as may be appropriate to ensure that integrity of your Personal Information and Sensitive personal data or information is intact. In case of any security breach which is likely to cause harm to the User, we shall notify the User of such breach as soon as practicable and take necessary measures to remedy the breach or mitigate any immediate harm.

If you seek any clarifications regarding this Policy or wish to raise any issue or grievance with respect to illegal access, use or disclosure of Personal Information, please e-mail at support@impswala.com

We shall attempt to resolve any issues within a period of thirty (30) days from the date of receipt of the question, concern, grievance or report.

Grievance Policy

Imps Wala believes that excellence in customer service is an important imperative for sustained business growth. As a service organization, customer service and customer satisfaction are our prime focus. Our goal is to ensure that our customers receive exemplary service across all our touch points. This policy encompasses a structured grievance redressal mechanism and a framework for addressing customer grievances/complaints.

Imps Wala will treat the customers in a transparent and fair manner and will deal with customer complaints with courtesy and in a timely manner.

edressal Mechanism for grievances:

The customer can contact the below mentioned two levels for effective resolution of their complaints:

If customer’s issue is not resolved even after contacting the above complaint resolution channels, or in the timelines mentioned above or the customer is not satisfied with the response, the Complaint may be escalated to the Nodal officer at:

Restricted Services

List of restricted services:

1. Weapons which include firearms, ammunition, knives, brass knuckles, gun parts, and other armaments.
2. Adult goods and services which includes pornography and other sexually suggestive materials (including literature, imagery, and other media); escort or prostitution services; Website access and/or Website memberships of pornography or illegal sites.
3. Pyrotechnic devices, combustibles, corrosives, and hazardous materials which includes explosives and related goods; toxic, flammable, and radioactive materials and substances.
4. Alcohol which includes alcohol or alcoholic beverages such as beer, liquor, wine, or champagne;
5. Drugs and drug paraphernalia which includes illegal drugs and drug accessories, including herbal drugs like salvia and magic mushrooms;
6. Drug test circumvention aids which include drug cleansing shakes, urine test additives, and related items;
7. Drop-shipped merchandise;
8. Unlicensed pharmaceuticals or non-approved chemicals;
9. Body parts which include organs or other body parts;
10. Bulk marketing tools which include email lists, software, or other products enabling unsolicited email messages (spam);
11. Cable descramblers and black boxes which includes devices intended to obtain cable and satellite signals for free;
12. Child and animal pornography which includes pornographic materials involving minors;
13. Copyright unlocking devices which include Mod chips or other devices designed to circumvent copyright protection;
14. Copyrighted media which includes unauthorized copies of books, music, movies, and other licensed or protected materials;
15. Copyrighted software which includes unauthorized copies of software, video games and other licensed or protected materials, including OEM or bundled software;
16. Counterfeit and unauthorized goods which includes replicas or imitations of designer goods; items without a celebrity endorsement that would normally require such an association; fake autographs, counterfeit stamps, and other potentially unauthorized goods;
17. Endangered species which includes plants, animals, or other organisms (including product derivatives) in danger of extinction;
18. Gambling and Casinos Businesses;
19. Government IDs or documents which includes fake IDs, passports, diplomas, and noble titles;
20. Hacking and cracking materials which includes manuals, how-to guides, information, or equipment enabling illegal access to software, servers, website, or other protected property;
21. Illegal goods which include materials, products, or information promoting illegal goods or enabling illegal acts;
22. Miracle cures which include unsubstantiated cures, remedies or other items marketed as quick health fixes;
23. Precious metals, stones, and jewellery;
24. Offensive goods which include literature, products or other materials that:
1. Defame or slander any person or groups of people based on race, ethnicity, national origin, religion, sex, or other factors;
2. Encourage or incite violent acts; or
3. Promote intolerance or hatred;
25. Offensive goods, crime which includes crime scene photos or items, such as personal belongings, associated with criminals;
26. Offering work at home/work from home approach and/or information with an intent to deceive;
27. Regulated goods which include air bags; batteries containing mercury; Freon or similar substances/refrigerants; chemical/industrial solvents; government uniforms; car titles; license plates; police badges and law enforcement equipment; lock-picking devices; pesticides; postage meters; recalled items; slot machines; surveillance equipment; goods regulated by government or other agency specifications;
28. Businesses which conduct/deal in nuclear materials;
29. Securities which include government bonds or related financial products;
30. Unlicensed forex and international fund transfer businesses;
31. Tobacco and cigarettes which includes cigarettes, cigars, chewing tobacco, and related products;
32. Traffic devices which include radar detectors/jammers, license plate covers, traffic signal changers, and related products;
33. Live animals or hides/skins/teeth, nails and other parts etc. of animals;
34. Provision of services that have the potential of casting the Payment Gateway Facilitators in a poor light and/or that may be prone to Buy & Deny attitude of the cardholders when billed (e.g., adult material/ Mature content/Escort services/ friend finders) and thus leading to chargeback and fraud losses;
35. Businesses out rightly banned by law (e.g., Betting & Gambling/ publications or content that is likely to be interpreted by the authorities as leading to moral turpitude or decadence or incite caste/communal tensions, lotteries/sweepstakes & games of chance;)
36. Businesses or website that operate within the scope of laws which are not clear or unambiguous in nature (e.g., web-based telephony, website supplying medicines or controlled substances, website that promise online match-making);
37. Businesses where directors/beneficial owners are located in FATF high risk jurisdictions;
38. Clients/entities which are registered as NGO, trust or any such charitable institution;
39. Money laundering services;
40. Mailing lists;
41. Database providers (for tele-callers);
42. Bidding/Auction houses;
43. Virtual currency, cryptocurrency, and other crypto products (like non-fungible tokens), prohibited investments for commercial gain or credits that can be monetized, re-sold, or converted to physical or digital goods or services or otherwise exit the virtual world;
44. Activities prohibited by the Telecom Regulatory Authority of India;
45. Any other product, services or activities which are not in compliance with or prohibited by applicable law;
46. Entities operating as chit funds/Nidhi companies (except government or public sector entities); and
47. Unregulated/ unlicensed money service business or money and value transfer services like exchange houses, remittance agents or individuals running such businesses in jurisdictions that require license for such businesses;
48. Any other product or service which is in violation of Applicable Law.

The above list is illustrative and not exhaustive. It is subject to additions/changes by Imps Wala, without any prior intimation to you.

T&Cs - Retail Partner

1. RETAIL PARTNER TERMS AND CONDITIONS

Meeshi Holidays Pvt. Ltd (“Imps Wala”) is a neo-banking platform delivering full-stack banking services to individuals and businesses. Imps Wala is authorised by multiple banks to act as a Corporate Business Correspondent (“CBC”) and appoint Agent Business Correspondents (“ABC”) to deliver mainstream financial and citizen services to Customers under the guidelines issued by RBI vide RBI/2010-11/217 DBOD. No. BL.BC.43/22.01.009/2010-11 dated September 28, 2010, and the related constraints therein, with such further changes as may be initiated by the RBI respectively from time to time. “Retail Partner(s)” shall mean and include the Users registered on the Imps Wala Platform who are authorised by Imps Wala and the Bank to operate as ABC(s) under the above-mentioned guidelines for providing banking and citizen services envisaged in these Retail Partner Terms and Conditions. Retail Partner’s shall also be known as RSP’s (Retail Service Providers) if appointed by Imps Wala for booking eTickets through IRCTC website or through their own web services portal. These Retail Partner Terms and Conditions (“Retail Partner Terms and Conditions”) as set out below are in addition to the Terms and Conditions as set out above and are applicable to all the Retail Partner’s registered on the Imps Wala Platform.

1. RETAIL PARTNER OBLIGATIONS AND DUTIES
1. The Retail Partner shall only undertake the activities in accordance with all the applicable Terms, relevant regulations and standard operating procedures issued by the Bank or the Regulators from time to time.
2. The Retail Partner shall take an appropriate insurance policy to protect itself from any business impediments, financial and non-financial risks.
3. The Retail Partner shall operate at its own cost as may be required by the Company or the Bank to effectively deliver the services to the Customers.
4. The Retail Partner shall ensure that any additional resource(s) engaged by the Retail Partner, subject to prior written approval from the Company, are selected through a process found suitable by the Company for providing the services in a timely and efficient manner.
5. The Retail Partner shall be solely responsible for compliance with all applicable labour laws in relation to the personnel it employs along with the associated costs. Imps Wala will not have any right, obligation, or responsibility whatsoever to control, supervise or manage the Retail Partner’s employees, agents, or independent contractors.
6. The Retail Partner may utilize any third-party software other than the Software for providing the Services only after prior written permission of the Company. The Retail Partner shall ensure that such third-party Software is validly licensed, procured and installed. It shall ensure that the use of third-party Software shall not affect or damage Imps Wala's Software.
7. The Retail Partner shall act prudently in accordance with these Terms and Conditions and shall exercise all due diligence in carrying out its duties and obligations under these Terms and Conditions. The Retail Partner agrees that they will preserve the data in accordance with the legal/regulatory obligations of the Company and as required under various circulars, guidelines, notifications etc. issued by the Bank or other regulatory authorities.
8. The Retail Partner shall not exercise any lien or right to set-off or appropriation on any of the assets, properties, documents, instruments, or material belonging to the Company and/or the Customers and/or non-Customers in the custody of the Retail Partner for any amount due or claimed to be due by the Retail Partner from the Bank.
9. The Retail Partner shall promptly provide the details provided by the Company indicating the charges (if any) for the Services rendered to each and every Customer. The Retail Partner shall ensure that the charges for offering Services are clearly communicated to the Customer prior to rendering the services.
10. The Retail Partner shall not charge any fee from the Customer either directly or indirectly or on behalf of the Company over and above the fee specified by the Company from time to time.
11. The Retail Partner undertakes to perform the Services in accordance with the instructions provided by the Company from time to time.
12. The Retail Partner undertakes that any software or hardware used by the Retail Partner shall comply with the industry standards and will be updated regularly.
13. The Retail Partner shall immediately notify the Company of any breach of security and leakage of confidential information. In such eventualities, the Retail Partner shall be liable for all the damages and repercussions.
14. The Retail Partner shall familiarize itself with the Grievance Policy of the Company; the Retail Partner shall communicate this policy to each and every Customer and shall notify the Company within the specified time period of any claims/complaints/grievances made by the Customers.
15. The Retail Partner undertakes that any Customer information taken shall be strictly protected as per the Terms and Conditions and the Retail Partner would not source any other personal sensitive information from the Customers.
16. In no event shall the Retail Partner indulge or enter into any financial transaction with any of the Imps Wala employees, associates, agents and/or personnel. Imps Wala shall not be liable for any damages, losses (direct or indirect) whatsoever caused to the Retail Partner arising out of such transactions.
17. The Retail Partner shall treat all the Customers with dignity and respect and shall not resort to any kind of intimidation or harassment, either verbal or physical against any person.
18. If any legal proceeding is instituted by any Customer, the Retail Partner shall immediately intimate the same to the Company and provide all documents and information to enable the Company to take appropriate action. The Company shall not be liable for any dispute arising between the Retail Partner and any other entity / third party. The Retail Partner shall not make any representation to the Customers or otherwise give any warranties other than those contained in the standard terms and conditions laid down by the Company.
2. CASH MANAGEMENT

Imps Wala shall from time to time authorise certain Retail Partner’s for cash management activities and to further extend the reach of banking services to the Customers for greater financial inclusion. Such Retail Partner’s shall:

1. Collect and/or dispense cash at other Retail Partner outlets in the assigned territory to ensure uninterrupted delivery of banking and citizen services to the Customers as per the mutually agreed terms.
2. Confirms that it assumes all the risks associated with cash logistics and shall take an appropriate insurance policy in order to protect itself from any business impediments, financial and non-financial risks.
3. Be solely responsible for providing genuine currency to all the Retail Partner’s and hence to the Customers towards the Transactions performed and the Company shall not assume any responsibility in this regard.
4. Ensure that the credit or debit against the cash collected or dispensed to the other Retail Partner(s) happens on an immediate basis at the time of handing over the cash.
2. IRCTC OBLIGATIONS FOR RETAIL PARTNER’S
1. MANDATES FOR BOOKING
1. The Retail Partner must ensure that the transaction (Booking or cancellation) is done with the complete knowledge and acceptance of the customer.
2. It is mandatory for all Retail Partner’s to maintain the written/ electronic requests of the customer and also keep a copy of the ID proof from the customers for both booking & cancellation of the tickets at the Retail Partner outlet for a period of six months. These requests are to be preserved for a period of six months. The details of the customer should be provided to Imps Wala or IRCTC as and when required. In the absence of written request and/or ID proof, a penalty of Rs. 5,000/- + Taxes per case will be imposed.
3. The mobile number of the customer or one of the passengers(s) while booking the ticket is mandatory. Mobile number of the passenger(s) must be indicated correctly on the ERS. Retail Partner should ensure that mobile number of passengers has been correctly filled in. In case of violation of the same a penalty of Rs. 5,000/- + Taxes per case will be imposed.
4. The Invoice should contain details like Railway Fare, IRCTC’s service charges, agent's service charges, payment gateway charge.
2. MANDATES FOR FILING TDR/REFUND
1. In the absence of written request/soft copy of the customer for filing TDR Claim, a penalty of Rs. 5000/- + Taxes per case will be imposed.
2. If cash cards are used, it is pertinent to retain the exhausted cards for refunds, if any.
3. Retail Partner must refund the money as per cancellation rules to the customer immediately in all cases.
4. In case of refund of eTickets which could not be cancelled on website and TDR has been filled, the agent must inform the customer about the TDR refund process, take contact details & remit the refund to the customer as and when it is credited in the Retail Partner’s account.
5. TDR refund status can be checked by Retail Partner from Imps Wala Portal.
6. The Retail Partner should refund the TDR claim amount to the customer within 5 working days after the same is received from Imps Wala.
7. n.If the TDR claim amount is not refunded to the customer within the prescribed time limit and the same is not returned to IRCTC, it will be treated as non-refund to customer and penalty shall be imposed as per the provisions mentioned hereunder.
8. Along with the refund, the refund details must be provided to the customer during cancellation.
3. PROHIBITED ACTS
1. No advertisement in any form whether in print or press media is to be issued without prior permission from Imps Wala in writing.
2. Collection of extra charges in any form whether for cancellation of the ticket or checking the availability status from the customers forbidden.
3. Booking of I-tickets or counter tickets is prohibited & punishable with minimum punishment of immediate deactivation of the user id.
4. Sharing of access credentials to web services and engagement with any other third party in any manner whatsoever to sell e-tickets by any mode or manner including an e-commerce platform operating through a website or smartphone application or tablet application is strictly prohibited. Transfer/sharing of Retail Partner ID given to Retail Partner’s by IRCTC is prohibited and Imps Wala will initiate action against the agent group if found guilty in such matters.
5. Retail Partner’s should book tickets using only IRCTC provided agent ids. Retail Partner’s if found to be using wrong id/Personal User Ids for commercial gains, then their ids will be deactivated immediately as well as punitive/Legal action will be taken against them.
6. Transfer & re-sale of Tickets is punishable under Indian Railway Rules under Sec.142.
7. IRCTC’s logo should not be used in Visiting Cards, Letterheads, and Pamphlets or in any other forms unless approved by Imps Wala or IRCTC.
8. Booking of benami eTickets is strictly prohibited (anybody doing so will be prosecuted).
9. Blocking of accommodation by giving fictitious names in any train is strictly prohibited. As per the Indian Railways Act-1989 blocking of accommodation is a criminal offence and is punishable.
10. Modification/Alteration/Tampering the Electronic Reservation Slip (ERS) is strictly prohibited. Any such act will be considered as a criminal activity and is punishable u/s 420 of the Indian Penal code, if brought to the notice of Imps Wala.
11. aa. To not sell e-tickets booked through personal IDs for commercial purpose in any manner, whatsoever.
4. PENALTIES
1. ac. All fraudulent activities like Overcharging, booking tickets through personal user id’s, creating multiple Personal user id’s, sharing of access credentials/RSP ID, Booking/cancellation of e- tickets in connivance with middlemen/Third party, besides other irregularities, will be dealt strictly. Punitive action will be taken for any misconduct/Irregularities/Non-compliance of these terms and conditions.
2. ad. The penalties for Irregularities/Misconduct/Non-Compliance of RSPs will be as under:

4. SETTLEMENT

The payment mechanism for settlement of the fee payable by the Retail Partner or the Company as applicable shall be as follows:

1. The Company shall make available to the Retail Partner a report in electronic form setting forth the following information relating to each Transaction: The Transaction amount, date and time of the Transaction, Transaction serial number, Service Provider identification and response code ("MIS"). The MIS shall be made available to the Retail Partner via an online portal. The format and controls on the portal and process will be as provided by the Company and as updated from time to time.
2. The Retail Partner shall maintain sufficient credit/balance with the Company so as to enable each Transaction to be carried out smoothly. The Company reserves the right to decline any Transactions done over and above the balance of Retail Partner available with the Company.
3. The Retail Partner hereto agrees that any payment instructions for Transactions accepted by the Retail Partner as per the terms hereof which are subsequently disputed due to (a) the authorization by the Retail Partner of any Transaction with an amount exceeding the Retail Partner’s account balance or credit limit, or (b) the authorization by the Retail Partner of a fraudulent Transaction, shall always be the liability and responsibility of Retail Partner.
4. The Retail Partner hereby acknowledges and agrees that Imps Wala is a facilitator for payment processing services which are requested and authorized by Retail Partner and Imps Wala shall not be responsible for any unauthorized transaction done by any person including third party and amounting to infringement of another’s rights or any chargebacks claimed by the Customers. It will be the responsibility of Retail Partner to ensure due protection while transacting online or otherwise. Imps Wala will assist the Retail Partner in settling any queries related to the Services that arise between the Retail Partner and its Customers and any other Retail Partner. However, Imps Wala shall bear no responsibility with respect to the dispute or query related to the payment made by the Customers to the Retail Partner.
5. On the receipt of the Chargeback from the customer, Retail Partner shall be notified by the Company. The Retail Partner shall be entitled to furnish documents and information pertaining to the Transaction associated with the Chargeback within one (1) working day or such other period as specified by the bank whichever is higher. The Retail Partner agrees and acknowledges that (i) if the Retail Partner is unable to furnish Chargeback Documents (ii) the bank is not satisfied with the Chargeback documents furnished by the Retail Partner, then the bank shall be entitled to order the Imps Wala to affect a reversal of the debit of the Chargeback Amount associated with the Chargeback such that the said chargeback amount is credited to the Customer’s Payment Instrument.
4. DATA SECURITY AND STORAGE
1. The Retail Partner shall comply with the provisions contained in the Information Technology Act, 2000 and the statutory rules framed thereunder, from time to time, in so far as the same has applied to its operations in accordance with all these Terms and Conditions, and also with all other Laws, rules and regulations, whether already in force or which may be enacted from time to time, pertaining to data security and management, data storage, sharing and data protection, and various rules, regulation and provisions as may be applicable, as and when the same is enacted into law and comes into force, and shall ensure the same level of compliance by all its employees.
2. The Retail Partner confirms and certifies that it will never engage in any acts that violate any laws and regulations. It shall also ensure that the financial data or any other information of the Customers received by the Retail Partner are stored in a system only in India. This data shall include a full end to end transaction details/information collected/carried/processed as part of the message/payment instructions.
5. TERMINATION

The Retail Partner agrees that Imps Wala, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate the account (or any part thereof) or the use of the Imps Wala Platform. Imps Wala may also in its sole discretion and at any time discontinue providing access to the Imps Wala Services, or any part thereof, with or without notice. Retail Partner agrees that any termination of the access to the Imps Wala platform may be affected without prior notice, and Retail Partner agrees that Imps Wala shall not be liable to the Retail Partner or any third party for any such termination or interruption. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Imps Wala may have at law or in equity. Upon termination for any reason, Retail Partner agrees to immediately stop using the Imps Wala Services and Platform.