Terms and Conditions

1. Introduction and Acceptance

1.1 Agreement

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User," "Customer," or "you") and AffluentPay Technologies Private Limited ("AffluentPay," "Company," "we," "us," or "our") regarding your use of our financial services platform.

1.2 Services Covered

These Terms govern the use of:

• Gift card and voucher services
• Related financial and technology services

1.3 Acceptance

By accessing, downloading, or using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

2. Definitions

3. Eligibility and Registration

3.1 Eligibility Criteria

To use our services, you must:

• Be a resident of India
• Be at least 18 years of age
• Have the legal capacity to enter into contracts
• Provide accurate and complete information
• Comply with all applicable laws and regulations

3.2 Registration Process

• Complete the registration form with accurate information
• Provide valid identity and address proof
• Complete KYC verification as required
• Accept these Terms and Privacy Policy
• Verify your mobile number and email address

3.3 Account Security

You are responsible for:

• Maintaining the confidentiality of login credentials
• All activities that occur under your account
• Immediately notifying us of any unauthorized access
• Using strong passwords and security measures

4. Services Description

4.1 Gift Card Services

• Brands: 500+ partner brands and retailers
• Delivery: Instant digital delivery via email/SMS
• Validity: As specified by the brand/retailer
• Usage: Subject to brand-specific terms and conditions
• Bulk Orders: Available for corporate customers

5. Financial Terms and Conditions

5.1 Pricing and Fees

• Service fees are displayed before transaction confirmation
• Convenience fees may apply for certain services
• Third-party charges (bank charges, operator fees) are separate
• Pricing may vary based on service type and transaction amount
• All fees are inclusive of applicable taxes

5.2 Payment Methods

5.3 Transaction Limits

• Daily transaction limits as per RBI guidelines
• Monthly limits based on KYC compliance level
• Limits may vary by service type and user category
• Enhanced limits available for verified business accounts

5.4 Refunds and Cancellations

Refund Policy:

• Refunds processed within 5-7 business days
• Refund amount may exclude convenience fees
• Failed transactions refunded within 24 hours
• Cancellation charges may apply as per service terms

Dispute Resolution:

• Report disputes within 30 days of transaction
• Investigation period: 7-15 business days
• Resolution based on evidence and partner policies
• Escalation to banking ombudsman if unresolved

6. Compliance and Regulatory Requirements

6.1 KYC Compliance

Mandatory Documents:

• Government-issued photo ID proof
• Address proof (not older than 3 months)
• PAN card for financial transactions
• Additional documents as required by regulations

Verification Process:

• Document verification through authorized agencies
• Biometric verification where applicable
• Periodic re-verification as required
• Enhanced KYC for higher transaction limits

6.2 AML and CFT Compliance

• Adherence to Anti-Money Laundering guidelines
• Compliance with Combating of Financing of Terrorism requirements
• Transaction monitoring for suspicious activities
• Reporting to Financial Intelligence Unit (FIU) as required
• Maintenance of transaction records as per regulations

6.3 RBI Guidelines

• Compliance with Payment and Settlement Systems Act, 2007
• Adherence to Master Directions on Payment Aggregators
• Implementation of data localization requirements
• Regular compliance reporting to RBI
• Maintenance of minimum net worth requirements

7. User Responsibilities and Prohibited Activities

7.1 User Responsibilities

• Provide accurate and truthful information
• Maintain account security and confidentiality
• Use services only for legitimate purposes
• Comply with all applicable laws and regulations
• Report suspicious activities immediately

7.2 Prohibited Activities

• Use services for illegal or unauthorized purposes
• Engage in fraudulent or deceptive practices
• Violate any applicable laws or regulations
• Interfere with system security or integrity
• Use services to harm others or damage our reputation
• Reverse engineer or attempt to access source code
• Create multiple accounts to circumvent limits

7.3 Consequences of Violations

• Immediate suspension or termination of account
• Forfeiture of outstanding balances
• Legal action and prosecution
• Reporting to law enforcement agencies
• Blacklisting from all services

8. Agent Terms

8.1 Agent Partnership

Authorization:

• Formal agreement execution
• Security deposit and guarantees
• Training and certification completion
• Compliance with operational guidelines
• Regular performance monitoring

Responsibilities:

• Customer service and support
• Transaction processing and reconciliation
• Compliance with regulatory requirements
• Commission and fee management
• Fraud prevention and reporting

9. Technology and Security

9.1 System Availability

• 24/7 service availability (99.9% uptime target)
• Scheduled maintenance notifications
• Emergency maintenance procedures
• Backup and disaster recovery systems
• Performance monitoring and optimization

9.2 Security Measures

Operational Security:

• Access controls and monitoring
• Employee background verification
• Regular security training
• Incident response procedures
• Third-party security audits

9.3 Data Protection

• Compliance with data protection regulations
• Secure data storage and transmission
• Regular data backups
• Data retention and deletion policies
• Privacy by design principles

10. Intellectual Property Rights

10.1 AffluentPay IP

All intellectual property rights in the platform, including:

• Software, applications, and technology
• Trademarks, logos, and brand names
• Content, designs, and user interfaces
• Proprietary algorithms and processes
• Documentation and training materials

10.2 User Content

• Users retain ownership of their content
• Grant AffluentPay license to use content for service provision
• Represent that content does not infringe third-party rights
• Assume responsibility for content accuracy and legality

10.3 Third-Party IP

• Respect for third-party intellectual property rights
• Proper licensing and attribution
• Compliance with usage terms and conditions
• Prompt response to infringement claims

11. Limitation of Liability

11.1 Service Limitations

AffluentPay shall not be liable for:

• Service interruptions or technical failures
• Third-party service provider failures
• Network or connectivity issues
• Force majeure events
• Indirect or consequential damages

11.2 Transaction Limitations

• Delays in transaction processing
• Bank or payment gateway failures
• Incorrect beneficiary details provided by users
• Currency fluctuations or rate changes

11.3 Maximum Liability

12. Indemnification

You agree to indemnify and hold AffluentPay harmless from any claims, damages, losses, or expenses arising from:

• Your use of our services
• Violation of these Terms
• Infringement of third-party rights
• Fraudulent or illegal activities
• Negligence or willful misconduct

13. Termination

13.1 Termination by User

• Account closure request through customer support
• Settlement of outstanding transactions
• Data deletion as per retention policies
• Refund of unused balances (if applicable)

13.2 Termination by AffluentPay

We may terminate your account for:

• Breach of these Terms
• Suspicious or fraudulent activities
• Non-compliance with KYC requirements
• Regulatory or legal requirements
• Business discontinuation

13.3 Effect of Termination

• Immediate cessation of service access
• Settlement of outstanding obligations
• Survival of applicable clauses
• Data retention as per legal requirements

14. Dispute Resolution

14.2 Escalation Process

1. Internal grievance resolution
2. Banking Ombudsman (for banking services)
3. Consumer Dispute Redressal Forums
4. Arbitration (if agreed upon)
5. Appropriate courts in Bengaluru

14.3 Arbitration

• Disputes above INR 20 lakhs subject to arbitration
• Single arbitrator appointed by mutual consent
• Arbitration conducted in Bengaluru
• Governed by Arbitration and Conciliation Act, 2015

15. Regulatory Compliance

15.1 Licenses and Registrations

• Certificate of Authorization from RBI (if applicable)
• GSTIN registration
• Corporate registration certificates
• Payment aggregator license (if applicable)
• Other regulatory approvals as required

15.2 Compliance Monitoring

• Regular compliance audits
• Regulatory reporting requirements
• Customer grievance reporting
• Transaction monitoring and reporting
• Audit trail maintenance

16. Miscellaneous Provisions

16.1 Governing Law

These Terms are governed by the laws of India and subject to the jurisdiction of courts in Bengaluru, Karnataka.

16.2 Modifications

• Right to modify Terms with reasonable notice
• Notification through email, SMS, or app notifications
• Continued use constitutes acceptance of modifications
• Material changes may require explicit consent

16.3 Severability

If any provision is found invalid or unenforceable, the remaining provisions shall continue in full force and effect.

16.4 Force Majeure

AffluentPay shall not be liable for delays or failures due to circumstances beyond reasonable control, including natural disasters, war, terrorism, government actions, or technical failures.

16.5 Assignment

AffluentPay may assign these Terms to any affiliate or successor entity. Users may not assign their rights without prior written consent.

17. Contact Information