Last
Updated: February 2, 2023
1.1.
These
BBPS Terms and Conditions
(hereinafter "BBPS TnCs" or "the Agreement") shall govern the provision of BBPOU Services by PayU
Payments Private Limited, a company incorporated under the Companies Act, 1956,
having its registered office at 801, 8th Floor, Empressa
Building, 2nd Road, Khar West, Mumbai 400052, Maharashtra and corporate office
at 9th Floor, Bestech Business Tower, Sector 48, Sohna Road, Gurgaon-122002,
Haryana ("the Company"/
"PayU")
to the user(s) of BBPOU Services ("User(s)"/ "You"/ "Your").
Whenever the context requires "User"/ "You"/
"Your" shall mean any natural
or legal person who is a resident of India, at least 18 (eighteen) years of age
who is eligible to contract within the meaning of the Indian Contract Act, 1872
and is not an undischarged insolvent.
1.2.
Reserve
Bank of India ("RBI")
has mandated the implementation of Bharat BillPay as an integrated bill payment
system in the country which offers interoperable and accessible bill payment
services with a single brand image through a network of agents as well as
digital and online channels, enabling multiple payment modes and providing
convenience of 'anytime anywhere' bill payment facility to customers and
general public. Customers can make various payments towards various categories
of bills including utility bill payments such as electricity, water, gas, DTH,
telecom services, school / university fees, municipal taxes/ payments, and
other bills as decided from time to time by the RBI.
1.3.
National
Payments Corporation of India ("NPCI")
has been authorized by RBI to act as the Bharat Bill Payment Central Unit ("BBPCU")
and is responsible for setting business standards, rules and procedures for
technical and business requirements for all participants. The BBPCU undertakes
clearing and settlement activities related to transactions routed through the
BBPS.
1.4.
Bharat
BillPay Operating Units ("BBPOUs")
are authorised by RBI to function as operational units under BBPS to function
in accordance with the procedural guidelines, standards, circulars and
notifications set by the BBPCU. BBPOUs are authorised to handle both ON-US
bills, that is, bills in respect of which the relative biller and payment
collecting agent or outlet or channel belong to the same BBPOU, and OFF-US
bills, that is, bills where the relative biller and payment collecting agent or
outlet or channel belong to separate BBPOUs. Clearing and settlement of OFF-US
transactions pertaining to bill payments involving more than one BBPOU is
carried out by the BBPCU in the settlement accounts of BBPOU maintained with
RBI.
1.5.
PayU
has been authorised by RBI to function as a BBPOU in accordance with extant
rules and procedures. The BBPOU Services are governed by the BBPS Procedural
Guidelines issued by NPCI, available at https://www.npci.org.in/PDF/npci/bbp/Bharat%20Bill%20Payment%20System-Procedural%20Guidelines%20Ver%201.1_0.pdf and all other rules and
procedures as applicable and in existence or in force from time to time and any
modification through any circular, order, direction, notice, instruction issued
from time to time by BBPCU or RBI.
1.6.
The
Company reserves the right at any time and from time to time, at its sole
discretion, to modify or discontinue, temporarily or permanently, in part or in
whole, the BBPOU Services. You agree that the Company shall not be liable to
You or to any third party for any modification, suspension or discontinuance of
the Service.
1.7.
By proceeding to avail the BBPOU
Services You signify Your consent to be bound by these BBPS TnCs in addition to
agreeing to the PayU Terms and Conditions ("PayU
TnCs") located at https://payu.in/tnc and PayU’s Privacy
Policy ("PayU Privacy Policy")
located at
https://payu.in/privacy-policy. The
Company reserves the right, at its sole discretion, to change, modify, add or
remove portions of the BBPS TnCs, at any time without any prior written notice
to You. It is Your responsibility to review the BBPS TnCs periodically for
updates / changes. Your continued use of BBPOU Services following the posting
of changes will mean that You accept and agree to the revisions including
additional Terms or removal of portions of these Terms, modifications etc.
2.1.
The term "Merchants"/ "Billers"
refers to any establishment and/or entity onboarded on the BBPS via one or more BBPOUs to enable such
Biller to receive payments via
third party channels for the services rendered to the customer. However, in the
context of BBPS TnCs, the term Biller may refer to Billers on-boarded by PayU.
2.2.
The term "Agent institutions" refers to the institutions on-boarded by a BBPOU
for the purposes of collection of bill payments.
i.
On-boarding of Billers and aggregators as per standards /
rules, appointment of agents; carrying out due diligence (as per processes and
rules set out for appointment of sub-agents); and ensuring that confidentiality
and privacy standards are in place;
ii.
Infrastructure development - Application development,
including creation of APIs where required, by respective BBPOUs – in adherence
to standards set by the BBPCU;
iii.
Transaction handling - Safety and security of transactions,
verification of Biller information, adherence to transaction flow standards /
rules set by the BBPCU;
iv.
Handling customer grievances and disputes as per set
procedures and standards for Billers / Agents / end-customers; and
v.
Value-added services – providing MIS and other relevant
reports to the Billers / aggregators / Agents.
3.1.
Users may note that PayU is only a facilitator of payments
and is not a party to any bill payment transactions.
3.2.
PayU facilitates the payment of bills in relation to services
rendered by the Billers, through the BBPS where the Merchant is registered with
the PayU for bill payments. The bill payments can be made through the
Agents/Agent Institutions on-boarded by any of the BBPOUs.
3.3.
The Company shall not be responsible for any delays/
reversals or failures of transactions.
4.1.
In order to make the recharge or bill payments, You will have
to provide the Agent/Agent Institution the unique customer identity/ subscription
identity number or bill number or registered mobile number, registered
telephone number or such other identifier(s) which are required to fetch the
payment/subscription due or bill value, subscription plan, due date,
outstanding amount due and such other information necessary to enable the
payment to Your account with the Biller.
4.2.
You need to authorize the Agent/Agent Institution to access,
fetch, share, use, store the information related to Your account with the
Biller of BBPOU on an ongoing basis on Your behalf for the said purposes.
4.3.
You understand that correctness of information is of utmost
importance for fetching the right bill and subscription value and You
accordingly confirm to ensure and be responsible for the correctness of the
identifier information.
4.4.
You understand that the amount to be paid, recharged or
subscription value is an agreement between You and the Biller and neither the
Company nor the Agents/Agent Institution will have any obligation to verify the
correctness of the same.
4.5.
You agree to keep Your account information up to date and
comply with BBPS TnCs at all times.
4.6.
You agree that for providing the BBPOU Services the User
identifier data, location/state and/or KYC information / any other personal
information would be required to be shared with the Biller.
4.7.
You agree and authorize the Company to communicate with the
Biller, third party service providers etc. with Your account information for
processing any Bill Payment transaction.
4.8.
You shall be responsible for any penalty/ interest levied by
the Biller on the Bill payments made.
4.9.
Settlement Timelines and Payment to Billers. For ON-US transactions
PayU shall complete the settlement of transactions with its Billers not later
than ‘T+1’ working day (‘T’ being the transaction date), irrespective of the
mode of payment used by the consumer for making a payment. For OFF-US
transactions, NPCI is to carry out the settlement of transactions on a ‘T+1’
(working) day basis (‘T’ being the transaction date), irrespective of the mode
of payment used by the consumer for making a payment to the customer BBPOU, and
PayU shall not have any liability with regard to timelines of settlement for
OFF-US transactions. On completion of the settlement, payments to the Billers
for all OFF-US transactions are expected to be made within one day i.e. ‘S+1’
(‘S’ being the settlement date). The Company shall not be liable for any delay
in settlements caused due to circumstances which are beyond the reasonable
control of the Company.
4.10.
Reversals. For the Billers activated on real-time mode with a BBPOU,
it is expected that bill fetch will take place in real-time mode and payment
success confirmation will be given to the Biller in real-time. As per the BBPS
transaction message specifications, the recipient is required to send an
acknowledgement message to the sender of a message. Failure to receive an
acknowledgement from any participant in BBPS for a bill payment transaction
will result in a reversal where the entire transaction will be reversed and an
intimation will be sent to the origination point to return the amount to the
customer through the same payment mode.
4.11.
Upon successful completion of a bill payment, an instant
confirmation of bill payment would be provided to You.
4.12.
Refunds would be handled by the Billers directly with the
customer outside the BBPS. The same will be updated in the BBPS by Biller
BBPOU.
5.
Charges
5.1.
Neither PayU nor the Agents/Agent Institutions charge any fee
in relation to payment of bills. The bill amount is solely determined by the
concerned Biller and may include late fees etc. as per terms agreed between the
end customer and the Biller.
6.
Grievance/ Customer
Support
6.1.
You may register a complaint regarding any Bill payment
transaction through the relevant Agent Institution’s application/website or at
PayU’s complaint registration portal available at https://bbps.payu.in/#/main/complaintreg.
6.2.
The Agents shall assist You in relation to Your grievance and
other transactional complaints.
6.3.
The complaints are assigned for resolution by NPCI. PayU
shall act on a complaint if such complaint is assigned to PayU for resolution
by NPCI on the CMS dashboard.
6.4.
The complaints registered through PayU’s website will also be
handled by the PayU team. PayU team shall categorize the complaints and deal
with them appropriately and transparently as per its internal policies.
6.5.
The TAT for resolution of a complaint is ‘y’ business days
from the day of settlement of the transaction. The complaint once lodged would
be assigned to the customer BBPOU (i.e., the BBPOU which handled the bill
payment of the customer) immediately based on the transaction identifier. The
customer BBPOU is expected to resolve the complaint within ‘y’ business days or
assign the complaint to the Biller BBPOU (i.e., the BBPOU which onboarded the
relevant Biller) for action at their end within ‘y1’ business days. Biller
BBPOU will have to resolve the complaint within ‘y2’ business days of customer
BBPOU assigning the complaint. The assignee BBPOU may seek additional
information from the assignor BBPOU while the complaint is pending for
resolution. Request for additional information shall not in any way extend the
TAT for the respondent which is ‘y2’ business days. The value of ‘y’, ‘y1’ and
‘y2’ will be as published by NPCI and the sum of ‘y1’ and ‘y2’ will not exceed
‘y’. As on date of the publication of these BBPS TnCs, the TAT, that is ‘y’ is
5 business days.
6.6.
You may also reach out to us via–
i.
You should verify the transaction history and/or the
notifications about the success or failure of the transaction.
ii.
You shall be responsible for any charges levied by the Biller
in relation to Your bill.
iii.
You shall be responsible for keeping a track of Your periodic
bills, subscription fee and recharge expiries and or due dates of any
utilities/ services or recurring charge services that You have availed and the
Company shall not be responsible for any technical issue related to retrieval
of the bills from the Billers/BBPS or any errors / discrepancies in the Bills.
iv.
You are responsible for maintaining confidentiality of the
account details/ credentials for using the BBPOU Services and You shall be fully
responsible for all transactions undertaken through your account. You are
strongly advised to not disclose Your account details/ credentials to any
person (including any person purporting to be a representative or employee of
PayU).
8.1.
If You erroneously send a payment to the wrong party or wrong
Biller or make duplicate payments or send a payment for the wrong amount (for
instance a typographical error at Your end), Your only recourse will be to
contact the Biller /party to whom You have sent the payment and ask them to
refund the amount. PayU will not reimburse You or reverse a payment that You
have erroneously made.
9.1.
You agree that all risks arising from online transactions
will be borne by You.
10.1.
These BBPS TnCs, and any rights and licenses granted
hereunder, may not be transferred or assigned by You. We may assign, in whole
or in part, the benefits or obligations of this Agreement. We will provide an
intimation of such assignment to You, which will be binding on the parties to
these BBPS TnCs.
11.1.
We will not be liable for failure to perform under these BBPS
TnCs as a result of any event that is beyond the reasonable control of PayU
including, without limitation, events of
force majeure such as acts of god, fire, wars, sabotage, civil unrest, labour unrest, network disruptions or failures, action of
statutory authorities or local or state, central governments, change in laws,
rules and regulations, affecting our performance.
12.1.
Unless otherwise expressly stated in these BBPS TnCs, PayU’s
failure to exercise or delay in exercising a right or remedy under the BBPS
TnCs will not constitute a waiver of PayU’s right or remedy or a waiver of any
other rights or remedies of PayU, and no single or partial exercise of any
right or remedy of PayU under the BBPS TnCs will prevent any further exercise
of the right or remedy or the exercise of any other right or remedy.
13.1.
The terms and provisions of the BBPS TnCs that by their
nature and intent are intended to survive the termination hereof will so
survive the termination of this Agreement.
14.1.
If any provision of the BBPS TnCs is or becomes, in whole or
in part, invalid or unenforceable but would be valid or enforceable if some
part of that provision was deleted, that provision will be deemed to apply with
such deletions as may be necessary to make it valid. If any court/tribunal of
competent jurisdiction holds any of the provisions of the BBPS TnCs unlawful or
otherwise ineffective, the remainder of these BBPS TnCs will remain in full
force and the unlawful or otherwise ineffective provision will be substituted
by a new provision reflecting the intent of the provision so substituted.
15.1.
You agree to defend, indemnify and hold
harmless PayU, our independent contractors, and our directors, employees and
agents, from and against any claims, damages, costs, liabilities and expenses
(including, but not limited to, reasonable attorneys' fees) arising out of or
related to:
i. any actual or alleged breach of these BBPS TnCs or
any other terms, policies or guidelines provided by Us;
ii. any actual or alleged violation of applicable laws by You;
iii. Your wrongful or improper use of
the BBPOU Services; or
iv. Your violation of the rights of any
third party.
16.1.
In no event shall we, our directors, employees or agents, be
liable to You for any direct, indirect, incidental, consequential, punitive,
special or exemplary damages or for any damages of any kind, including but not
limited to loss of use, loss of profits or loss of data, whether in an action
in contract, tort (including but not limited to negligence) or otherwise,
arising out of or in any way connected with the use or inability to use the
BBPOU Services, including without limitation any damages caused by or resulting
from reliance by You on any information obtained from us or that result from
mistakes, omissions, interruptions, deletion of files, errors, defects,
viruses, delays in operation or transmission or any failure of performance,
whether or not resulting from acts of god, communications failure, theft,
destruction or unauthorized access to our records, programs or services.
16.2.
In no event shall our aggregate
liability, whether in contract, warranty, tort (including negligence, whether
active, passive or imputed), product liability, strict liability or other
theory, arising out of or relating to the use or inability to use the BBPOU
Services exceed any fee that You pay to us to access or use the BBPOU Services.
16.3.
Your liability: Except
as otherwise provided by law, You will be liable for any loss or damage
resulting from Your breach of this Agreement, Your negligence, or which
resulted from unauthorized, fraudulent, or dishonest acts by others (other than
Us).
16.4.
Some jurisdictions do
not allow limitations on implied warranties or the exclusion or limitation of
certain damages. If these laws apply, some or all of the above disclaimers,
exclusions or limitations may not apply. You agree that, if You are
dissatisfied with the BBPOU Services or any portion thereof, Your exclusive
remedy shall be to stop using the BBPOU Services.
17.1.
This Agreement will be governed by and construed in
accordance with the laws of India. You agree that any legal action or proceedings
arising out of this Agreement may be brought exclusively in the competent
courts/tribunals having jurisdiction in New Delhi in India and You irrevocably
submit to the jurisdiction of such courts / tribunals.