Terms and Conditions

This document/agreement/understanding is a computer-generated electronic record published in terms of Rule 3 of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (amended from time to time) read with Information Technology Act, 2000 (amended from time to time) and does not require any physical or digital signatures.

Please read the terms and conditions carefully before registering, accessing or using the FiatPe Services (defined below).

These Terms and Conditions (“Terms”) are legal contract (“Agreement”) between You and Fiat Payments Private Limited, a company incorporated under the Companies Act, 1956 with its registered office at 1st Floor, Unit No. 101, Dev Heights, Kotwal Nagar, Nagpur 440022, and its affiliates including but not limited to “FiatPe” (collectively “FiatPe”). You agree and acknowledge that You have read the Terms set forth below. If You do not agree to these Terms or do not wish to be bound by these terms and conditions, You may not use the Services and/or immediately terminate the Services and/or uninstall the mobile application.

The Terms govern Your access to and use of FiatPe services, including payments, technology, software, analytics or any other services, tools or products offered or made available by FiatPe and/or its Affiliates, and/or their third party Service Providers (“Services”). The Services may be offered or made available to You via our website, mobile applications, software, APIs, social media, or other access channels (“Platform”). “You”, “Yours”, “Yourself” or “Merchant” refers to customers, who may be a non-registered individual or corporate body, who register for, use, or access the Platform or Services. The Services provided by FiatPe through the Platform are available and are appropriate only for use in India.

Please read these Terms carefully before accessing the Platform or using the Services. By accessing the Platform or using the Services, You agree to be bound by these Terms, including our Privacy Policy and any other policy applicable to the Services received via the Platform. If You do not agree to these Terms or do not wish to be bound by these Terms, You must immediately terminate the use of the Services. FiatPe reserves the right to amend or otherwise modify the Terms at any time by posting an updated version on the website. The updated Terms shall take effect immediately upon posting. It is Your responsibility to review these Terms periodically for updates/amendments. Your continued access of the Platform or use of the Services signifies Your assent/ratification of the updated or modified Terms. If You object to these Terms or any subsequent modifications to these Terms in any way, Your only recourse is to immediately terminate the use of the Services.

FiatPe will promptly update its policies, processes, and Terms to comply with latest applicable laws, regulatory guidelines of RBI, NPCI, and other relevant authorities. FiatPe reserves the right to implement changes without prior notice as necessary to remain compliant, with updates being notified to Users via the Platform.

“We”, “Us”, “Our” – shall refer to FiatPe and FiatPe Entities.

“You”, “Yours”, “Yourself”, “FiatPe User” – refers to any non-registered individual or corporate body, registered user of FiatPe and FiatPe Entities, including but not limited to FiatPe customers or Merchants.

“FiatPe App” – The mobile application(s), hosted by FiatPe and FiatPe Entities for providing FiatPe services to its users, including merchants and service providers and also includes any and all Services where it acts as an Intermediary.

“FiatPe Website” – Shall refer to www.FiatPe.com, which is registered by FiatPe and used as a medium to communicate and inform users of services provided by FiatPe and FiatPe Entities, not limiting to its features, Terms, Our contact details.

“FiatPe Entities” – shall mean group, affiliates, associates and subsidiaries of FiatPe.

“FiatPe Platform” – Refers to any platform owned/subscribed/used by FiatPe Private Limited or any other FiatPe Entities, not limited to websites, mobile applications, devices, URLs/links, notifications, chatbot, or any other communication medium used by FiatPe Entities to provide its services to its Users.

“FiatPe Services” – shall include all services extended / to be extended by FiatPe and FiatPe entity as a group including but not limited to Pre-Paid Instruments, Gift cards, payment gateway, Recharges and Bill Payments, Insurance, Mutual Funds, Gold sale & purchase, switch interface/access including others.

“Service Providers” – Refers to any individual, group of individuals defined under law whose services are used by FiatPe or FiatPe Entities in order to provide the intended Services to You through FiatPe Platform.

“Business Partners” – Shall refer to any individual, group of individuals defined under law with whom FiatPe or FiatPe Entities have a contractual relationship and not limited to Merchants, Advertisers, Deal partners, financial institutions, switch interface partners.

“Participating Platforms / Merchant Partners” – Websites and Platforms that accept permitted FiatPe Services to make a payment against products or services offered by such platforms.

By accessing FiatPe Service and FiatPe Platforms, You represent that:-

FiatPe and FiatPe Entities provide services via FiatPe Platform. You further agree and acknowledge the Terms of FiatPe Services provided on FiatPe Platform.

If You are presently a merchant/Merchant Partner of FiatPe or register to become a merchant/Merchant Partner, You hereby agree that “KYC” details provided by You with respect to the FiatPe Account as stated above may be used with respect to the KYC requirements for Your registration as a merchant/Merchant Partner.

If You are presently a merchant/Merchant Partner of FiatPe or register to become a merchant/Merchant Partner, You agree that You shall have the option of linking Your UPI linked bank account (on the FiatPe mobile application) as the account for receiving settlements as a Merchant/Merchant Partner of FiatPe. If You avail this option, You agree that requisite details related to such linked account shall be used/retrieved for the same. You agree that such linkage may be subject to additional verifications/procedures. It is hereby clarified that this option would only be available if the mobile number used for registration as a merchant/Merchant Partner of FiatPe and the mobile number used for registration on the FiatPe mobile application are the same.

You further agree to FiatPe Privacy Policy as applicable for FiatPe and FiatPe Entities.

In order to avail FiatPe Services, you need a mobile, internet or any other supported device that meets the compatibility requirements of accessing FiatPe app and FiatPe website, which may change from time to time. FiatPe may further release updates to its application, and You are required to update the FiatPe app as and when available for you, in order to continue availing FiatPe Services.

You agree that your mobile device, mobile service provider or any other services that you may avail from anybody to access FiatPe Platform, may incur charges and you are solely responsible for such charges, terms of use, fees as per your agreement with the third party.

You understand that in order to provide FiatPe Services via the FiatPe Platform, FiatPe incurs various costs (including, but not limited to, cost with respect to operation and maintenance of infrastructure, facilitation of transaction(s)/payments via various modes), You thereby agree that FiatPe may charge You a fee(s) (such as platform fee, convenience fee) which will be displayed upfront to you and which shall be over and above the value/amount of the respective transaction/bill payment being made by You. FiatPe shall have the right to revise such fee(s), from time to time.

FiatPe uses industry-standard data protection practices, including PCI-DSS compliant systems and encryption, to safeguard User data and payment information.

In the event of a data breach or unauthorized access that affects User information, FiatPe will notify impacted Users and relevant authorities within 72 hours of detection, implementing all necessary mitigation and remedial actions.

Users are advised to regularly update login credentials and adhere to recommended security protocols.

FiatPe is committed to periodic security audits and compliance with regulatory data protection requirements.

In order to use the full spectrum of Services provided by FiatPe, You need to register on the FiatPe Platform and provide Us with accurate, truthful and complete information.

You are also required to keep your accounts, KYC details and contact information complete and updated at all times.

Once you sign-up on FiatPe Platform, you are entitled to a Phone Account.

You can also register with FiatPe from any third party merchant platform subject to certain conditions and limitations available on FiatPe website & application.

Once registered with FiatPe, certain services may ask you for additional information in order to avail such service and may involve creation of sub-accounts for availing such services.

The device on which You download FiatPe App and use during registration, shall become Your registered device and device details shall be stored by Us.

The moment You log into Your FiatPe account from a different device using the FiatPe app, You will be asked to allow FiatPe to send an SMS from the new device, after which the new device becomes the registered device.

You will not be able to access Your FiatPe account using Your previous device until You re-login and re-authorize Yourself on that device.

In the event Your phone number using which You have registered on FiatPe is transferred, surrendered and/or deactivated, for any reason whatsoever, it shall be Your responsibility to inform FiatPe in this regard.

This will enable FiatPe to secure Your FiatPe account.

In case another individual/person intends to register using the phone number which has been transferred, surrendered and/or deactivated, FiatPe would require time to remove/delink the details of the previous FiatPe account holder and thereby, reset the account which may take up to two (2) years from the date of request.

In order to access FiatPe Services, you are required to provide information about Yourself as part of the signup process, or as part of your ability to use services provided by Us. You agree that any information You provide will always be accurate, correct, and up to date and some services may require You to share additional information which might include Your personal information, personal sensitive information. You further agree that FiatPe (including its Group Companies/service providers/business partners), in relation to providing services to You, may collect/share Your Personal Information from/with third parties including but not limited to vehicle-related information. Your information management shall be as per FiatPe Privacy Policy.

You shall promptly inform FiatPe of any unauthorized usage of Your FiatPe Wallet or loss of mobile device and any other circumstances which may lead to unauthorized usage of Your FiatPe Account. The responsibility of any transaction prior to intimation, will solely be on the registered User.

You understand that while availing services offered by Merchants and your payment to merchants using any of FiatPe Services (Prepaid FiatPe Wallets, eGVs, Unified Payment Interface, Payment Gateway), we are not a party to the contract between You and the Merchant and act only as an Intermediary (IT Act 2000). FiatPe does not endorse any advertiser or Merchant linked to its website or app. The Merchant alone will be responsible for all obligations under the contract including warranties or guarantees. Any dispute with or complaint against any Merchant must be directly resolved by You with the Merchant. FiatPe shall not be responsible or liable for any deficiency in goods and/or services purchased using FiatPe Wallet balance.

You agree that in case any amount is transferred erroneously by You to any Merchant, Participating Platforms or any other person, FiatPe shall not be liable to refund such amount to You under any circumstances.

You further agree that any web-link on the website to a third-party site is not an endorsement of that web-link. By using or browsing any such other web-link, You shall be subject to the terms and conditions in each such web-link.

You agree that if You provide any information that is incorrect, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is incorrect, inaccurate, not current or incomplete, or not in accordance with the this Terms, We shall have the right to indefinitely suspend or terminate or block access FiatPe Platform and/or take necessary steps in accordance with applicable Law without any further notice.

You are responsible for maintaining the confidentiality of any login information and secure access credentials associated with Your FiatPe account. Accordingly, You are responsible for all activities that occur under Your account and FiatPe shall not be liable for any such change or action performed by using Your secure credentials on FiatPe Platform.

Attempting to access FiatPe Platform using any other means apart from ones provided by Us is strictly prohibited and shall be deemed unauthorized access, whether attempted or accessed through any automated, unethical or unconventional means. You should not directly or indirectly engage in any activity using device, software or any routine process that disrupts or interferes with Our ability to service You or any other user(s) on FiatPe Platform. You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by You, and may incur criminal or civil liability.

You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual or digital process, to access, acquire, copy or monitor any portion of the FiatPe Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the FiatPe Platform or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the FiatPe Platform.

You shall not probe, scan or test the vulnerability of the FiatPe Platform or any network connected to Us, You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to FiatPe Platform, or any other customer, including any account on the FiatPe Platform not owned by You, or exploit the FiatPe Platform or any FiatPe Service or information made available or offered by or through the FiatPe Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the FiatPe Platform.

In the event of any erroneous transaction, disputed payment, or dissatisfaction with a product or service purchased via the FiatPe Platform, Users may raise a request for refund or chargeback as per guidelines provided by FiatPe and/or applicable law. FiatPe will facilitate communications between Users and Merchants regarding such requests but is not responsible for Merchant’s decision.

Refunds initiated by FiatPe will be credited to the User’s source account or FiatPe Wallet within a maximum of ten (10) business days, subject to completion of necessary verification and applicable policies. Where applicable, chargebacks will be processed as per the guidelines of relevant payment networks and regulatory authorities.

FiatPe reserves the right to reject refund or chargeback requests deemed non-compliant with its policies or as per RBI/NPCI rules.

By registering and signing into FiatPe Account, We create a username and secure access credentials for You to access FiatPe services on FiatPe Platform and other participating platforms. For convenience, FiatPe creates Single Sign On Service (P-SSO), which helps you access FiatPe Services available on FiatPe Platform and other participating platforms.

You understand that P-SSO will be used to register and access FiatPe Services and the credentials you share as part of the registration process would be owned and managed by FiatPe and will be shared with FiatPe Entities upon Your request or simply by accessing any FiatPe Services provided by them.

P-SSO, with your authorization, can be used to access or register on the switch interface with “Switch Merchants”. However, your secure credentials would not be shared with any “Switch Merchants”. You can use your P-SSO in order to access your FiatPe Account or pay using permissible FiatPe Services on participating platforms without logging into your FiatPe App.

FiatPe shall share some limited information provided by you, except your secure access credentials, to participating platforms as necessary for P-SSO login at participating platforms.

You shall not share the P-SSO credentials with any third-party website, portal, or person over any communication medium. You understand that your FiatPe account can be misused due to unauthorized disclosure of P-SSO.

In the event of non-compliance with the Terms for usage and access to Single Sign-On Services, FiatPe has the right to terminate Your access or usage limits on your Phone account and services without further notice.

FiatPe and FiatPe Entities may provide third-party services via FiatPe Platform. You understand that We do not own those services and you may need to accept their respective terms and conditions, and may be required to share additional information in order to avail such products/services provided by third parties on FiatPe Platform.

FiatPe does not hold any liability on the information collected from You by third-party websites or applications and We cannot indemnify You for any third party actions.

FiatPe or FiatPe Entities may invite you to participate in any offer from time to time. You agree that participating in such an offer is subject to Your agreement to the respective offer terms and conditions. You also understand that the offers might be provided by third parties on FiatPe Platforms and You may require to agree to respective terms and conditions of third parties. You further agree that offers provided to any user may vary from user to user.

FiatPe reserves the right to disqualify You from any offer in case you do not meet the eligibility criteria for such an offer or any other reasons thereof including but not limited to misuse of offer, misrepresentation, fraud or suspicious transactions/activities, including but not limited to PMLA directives or any at our sole discretion without further notice.

FiatPe and FiatPe entities may communicate with You on the contact information that You may have provided to Us during the course of Your engagement, including but not limited to signup, transacting or availing any third party products or services on FiatPe Platform.

We will send You communication alerts via emails or SMS or push notifications or via other progressive technology. You also agree that there can be disruption in communications due to factors that are not under Our control, including but not limited to Your Phone being switched off, incorrect email address, network interruptions. You agree not to hold FiatPe liable for non-delivery for any alert or any loss suffered by You due to delay, distortion or failure of communication.

You further acknowledge that You are responsible for the contact details shared with Us and shall update us on any change on your contact details. You authorize Us to contact You and communicate with You for any FiatPe Service or Offer(s). We may use third party service providers to send alerts or communicate with You. You authorize FiatPe and FiatPe Entities to override the DND settings to reach out to You over calls, SMS, emails and any other mode of communication.

FiatPe may periodically perform scheduled maintenance, feature updates, or system upgrades which may result in temporary disruption of services. Users will be notified of planned downtime in advance through Platform notifications or email. FiatPe shall not be liable for service unavailability due to force majeure, unplanned outages, or technical issues beyond its control.

FiatPe appoints a Grievance Officer whose contact details are displayed on the FiatPe website. Users may lodge complaints or concerns by email or through the Platform’s customer support portal. FiatPe will acknowledge grievances within forty-eight (48) hours and strive to resolve them within seven (7) business days. Unresolved complaints may be escalated to regulatory authorities as per applicable law.

FiatPe offers customer support through email, chat, and phone. Support is available 24/7 for urgent transaction-related queries and during business hours for other concerns. All service requests, queries and complaints will receive an initial response within one (1) business day and resolution within seven (7) business days, unless a longer period is justified.

Any matters relating to the collection, use, storage, retention, or protection of personal data that are not expressly addressed in these Terms shall be governed by the FiatPe Privacy Policy, which is incorporated by reference herein.

Intellectual Property Rights for the purpose of these Terms shall always mean and include copyrights whether registered or not, patents including rights of filing patents, trademarks, trade names, trade dresses, house marks, collective marks, associate marks and the right to register them, designs both industrial and layout, geographical indicators, moral rights, broadcasting rights, displaying rights, distribution rights, selling rights, abridged rights, translating rights, reproducing rights, performing rights, communicating rights, adapting rights, circulating rights, protected rights, joint rights, reciprocating rights, infringement rights. All those Intellectual Property rights arising as a result of domain names, internet or any other right available under applicable law shall vest in the domain of FiatPe or FiatPe entities as the owner of such domain name. The Parties hereto agree and confirm that no part of any Intellectual Property rights mentioned hereinabove is transferred in the name of User and any intellectual property rights arising as a result of these presents shall also be in the absolute ownership, possession and Our control or control of its licensors, as the case may be.

All material on this FiatPe website and mobile application, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights of FiatPe, FiatPe Entities or Business Partners. Material on Website is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other platform or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited.

You understand and agree that FiatPe and FiatPe Entities reserve the right to use the services of themselves to provide any of the mentioned FiatPe Services to you within FiatPe Platforms.

You agree that FiatPe at its sole discretion may terminate your contract without prior notice and restrict your access to FiatPe application if We determine that You have violated these Terms and You consent that in case FiatPe suffers losses, not limited to monetary losses, due to Your actions, We can take injunctive relief or any other legal action as deemed necessary within the said circumstances and FiatPe is not liable for any loss to You due to termination.

Financial and non-financial transactions performed by You on FiatPe Platform are always processed by You or under Your exclusive authorization. In no event will FiatPe be liable for any indirect, consequential, incidental, special or punitive damages, including without limitation damages for loss of profits or revenues, business interruption, loss of business opportunities, loss of data or loss of other economic interests, whether in contract, negligence, tort or otherwise, arising from the use of or inability to use the Services, however caused and whether arising in contract, tort, negligence, warranty or otherwise, exceed the amount paid by You for using the Services giving rise to the cause of action or Rupees One Hundred (Rs. 100) whichever is less.

You shall indemnify and hold harmless FiatPe, FiatPe Entities, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of Your breach of these Terms, Privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

A Force Majeure Event shall mean any event that is beyond the reasonable control of the FiatPe and shall include but not limited to war, riots, fire, flood, acts of God, explosion, strikes, lockouts, slowdowns, prolonged shortage of energy supplies, Pandemic, computer hacking, unauthorized access to computer data and storage devices, computer crashes ,acts of state, governmental, legal or regulatory actions prohibiting or impeding FiatPe Entities from performing its respective obligations under the contract.

This Agreement and the rights and obligations thereunder and the relations of the Parties and all matters arising under or in connection with these Terms, including the construction, validity, performance or termination thereunder, shall be governed by and construed in accordance with the laws of the Republic of India. Subject to and without prejudice to the amicable settlement, the courts in Bengaluru, Karnataka shall have exclusive jurisdiction to try and adjudicate all matters arising in connection with your use of the FiatPe Services /PA or other matters covered herein. Disputes or differences or concerns if any should be raised within 30 days of happening or non-happening of an event related to FiatPe Services, except in case of unauthorised transactions on Your FiatPe Wallet/eGV, which shall be reported by You as soon as You identify the issue and investigation for such disputes is subject to Terms of FiatPe PPI (“FiatPe Wallet”/”eGV”).

As part of this continual innovation and improvement, we sometimes may add or remove features and functionalities, increase, or decrease limits to our FiatPe Services, start offering new services or stop offering old ones on FiatPe Platforms. Such offering can also be due to discontinuation of any service or offering on FiatPe Platform by third party service providers or business partners.

We may record or monitor Our conventions with You for records and monitoring the quality of our conversations.

Any content downloaded or otherwise obtained through the use of our Platform is done at Your own discretion and risk, and We cannot confirm that such documents or contents are error or virus free and You understand and acknowledge that you are solely responsible for any damage to Your devices, for any loss of data that may result from the download of such contents.

Except as expressly provided herein and to the full extent permitted by law, the FiatPe Services are provided “as is”, “as available” and “with all faults”. All such warranties, representations, conditions, undertakings and terms, whether express or implied, are hereby excluded. It is Your responsibility to evaluate the accuracy, completeness and usefulness of the FiatPe Services and other information provided by FiatPe or generally available. We do not authorize anyone to make any warranty on our behalf and You should not rely on any such statement.

If You have a dispute with other parties, you release FiatPe (and our affiliates and officers, directors, agents, and employees thereof) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.