Terms and Conditions- Autopay

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Please read these terms and conditions- Autopay (“Autopay Terms”) carefully before accessing or using this functionality via PhonePe App. These Autopay Terms are a binding legal contract between You and PhonePe Private Limited (“PhonePe”) having its registered office at Office-2, Floor 5, Wing A, Block A, Salarpuria Softzone, Bellandur Village, Varthur Hobli, Outer Ring Road, Bangalore South, Bangalore, Karnataka, India, 560103. You agree and acknowledge that You have read the Autopay Terms set forth below. If You do not agree to these Autopay Terms or do not wish to be bound by these Autopay Terms, You may choose not to avail/use this functionality.

These Autopay Terms govern a functionality enabled by PhonePe wherein PhonePe User(s) can set-up Automated Payment(s) (as defined below) for Eligible Merchant(s) on PhonePe App, by pre-authorising PhonePe to make payment(s) on behalf of the PhonePe User(s) on such frequency set or opted by the PhonePe User, in accordance with these Autopay Terms.

1. Definitions
   1. “Actions” shall mean such actions as defined under section V of these Autopay Terms, which can be undertaken / requested by a PhonePe User in relation to and during the validity of a Mandate. 
   2. “Auto Top-up Mandate” shall mean a Mandate (as defined below) for UPI Lite Facility for an automatic top-up of the UPI-Lite Facility balance, up to a maximum permissible top-up limit prescribed by RBI, NPCI and/or other regulatory authorities, when the UPI Facility balance reaches a minimum balance threshold.  
   3. “Automated Payments” or “Automated Transaction(s)” shall mean such payment(s) enabled by PhonePe, based on a certain frequency set by PhonePe User under a Mandate, for Eligible Merchant(s).
   4. “Eligible Merchants” shall mean such eligible categories of merchants, service provider(s), biller(s) who are enabled with PhonePe for accepting Automated Payments from PhonePe User(s) in accordance with these Autopay Terms.
   5. “Mandate” shall mean a standing instruction / authorisation provided by a PhonePe User via PhonePe App for automatic payment(s) to Eligible Merchant(s) in accordance with these Autopay Terms.  
   6. “Mandate Execution” means successful deduction of the authorised amount in relation to a Mandate, by Your issuer bank as per Your selected payment mode enabled by PhonePe, for a particular Autopay Payment. 
   7. “Mandate Limit(s)” shall mean such limit(s) in relation to a Mandate which can either be (i) a pre-fixed value of an Automated Payment, or (ii) a variable value of the Automated Payment, subject to the maximum / overall permissible limit set by RBI / NPCI (as updated from time to time).
   8. “Mandate Registration” shall mean such details / inputs required to be provided by a PhonePe User in relation to a Mandate which shall include, (i) parameters in relation to a Mandate, (ii) start date and end date in relation to a Mandate, (iii) Mandate Limits, (iv) frequency of the Mandate.
2. Mandate set up
   A Mandate shall be set-up only after a successful validation / authentication by Your issuer bank via PhonePe App. In order to set up a Mandate, You shall be required to share details in relation to Mandate Registration with respect to a particular Automated Payment. Further, You can choose such payment mode(s) / payment instrument(s) enabled by PhonePe under this functionality to proceed with Mandate set-up.
   Post successful Mandate Registration, a Mandate Execution shall be undertaken based on the frequency of the Mandate set by You, and such authorised amount shall be deducted from your linked bank account / credit limit (as the case may be) and transferred to the designated payee / beneficiary  in relation to such Automated Payment.    
   PhonePe hereby disclaims any liability in relation to a rejection, failure, or a pending status of a Mandate, or a Mandate Execution, and shall have no role or liability in relation to such validation(s) / authentication undertaken by Your issuer bank in this regard.  
3. Auto-top Mandate for UPI-Lite
   If you have opted for UPI Lite Facility enabled via PhonePe App, You shall have an option of setting up an Auto-Top-up Mandate as per Mandate Limit(s) applicable for an Auto Top-up for UPI Lite Facility, in accordance with these Autopay Terms.
   Eg: a PhonePe User can set an Auto- Top-up Mandate to automatically add INR 300 into its UPI Lite Facility if the balance of the UPI Lite Facility goes below INR 200. Accordingly, the INR 300 shall be debited from such PhonePe User’s bank account every time the balance reaches below INR 200.
4. Mandate Execution
   Your Mandate(s) will be processed only if You maintain sufficient funds in Your bank account, and/or have available credit limit(s) (as the case may be) based on the chosen payment instrument / mode by You at the time of Mandate set-up. If you fail to do so, Your Mandate Execution be unsuccessful.  
   Please note that after processing of a Mandate via PhonePe, it may take up to 2 (two) to 10 (ten) days from the date of the Automated Payment for You to receive a confirmation about the final payment status in relation to an Automated  Payment by Your Eligible Merchant.
   You shall be notified  prior to the actual debit to Your linked bank account, credit limit (as the case may be) in relation to Your Automated  Payment, and post a successful Mandate Execution on your registered mobile number, along with other details in relation to the Mandate / Mandate Execution, in a manner as prescribed by the regulatory bodies under applicable law(s)/ notification(s)/ guidelines(s) (as amended from time to time).
5. Action(s) in relation to a Mandate:
   You may undertake following Action(s) in relation to managing Your Mandate (including Auto Top-up Mandate) via PhonePe App during the validity of a Mandate i.e. (i) modify the Mandate Limit(s) set by You at the time of Mandate Registration, (ii) pause and/or un-pause the Mandate, (iii) withdraw/ revoke a Mandate before a redemption trigger has been undertaken by Your issuer bank in relation to an Automated  Payment. 
   You agree that Your Action(s) in relation to a Mandate, may be subject to additional validation or authorisation by Your issuer bank. You further agree that Your Action(s) shall be in accordance with these Autopay Terms and in compliance with applicable law(s) and You shall adhere to such timelimit(s) associated to Action(s) as prescribed by RBI / NPCI or Your issuer bank (as the case may be). 
6. Charge(s)
   There may be charges / fee(s) levied in relation to a Mandate.  Such applicable charges / fee(s) shall be displayed by PhonePe and You agree to honour such charges/ fee(s) in relation to the same.  
7. Liabilities
   You agree and acknowledge to the following: 
   1. PhonePe is only a facilitator of payments for Mandate(s) triggered by Your issuer bank for Automated Payment(s) and not a party to the payment transaction to be paid to the designated payee / beneficiary.
   2. All Mandate Execution(s) shall happen via PhonePe App, based on the Mandate(s) set by the PhonePe User and details shared for the Mandate Registration via PhonePe App.  PhonePe shall not be responsible for any verification of amount(s) deducted from Your linked bank account/ credit limit (as the case may be) and/or for any double payment for a particular Automated Payment. It shall be Your responsibility to verify the details provided/ authorised for each Mandate under this functionality via PhonePe App.
   3. PhonePe shall not hold any responsibility for any issues, concerns or dispute(s) in relation to the good(s), service(s) undertaken by You in relation to an Automated Payment(s), from the designated payee / beneficiary. You can directly reach out to the Eligible Merchant(s) in relation to Your issue(s) arising out the good(s) / service(s) in this regard. 
   4. You agree and acknowledge to maintain sufficient balance in Your linked bank account/ credit limit (as the same may be) for a successful Mandate Execution. PhonePe shall not be responsible for any liabilities in relation to any failure or decline in the Mandate Execution due to non-availability of sufficient funds in your linked bank account / credit limit (as the case may be). 
   5. It shall be Your responsibility to regularly review Your Action(s), Mandate(s), Mandate Execution(s) enabled via PhonePe App under this functionality. PhonePe shall not be liable for any unauthorised charges, penalties, late fee(s) levied by Your issuer bank/ Eligible Merchant in relation to Automated Payment(s), or for any discrepancies in relation to the Mandate Registration / Mandate Limit set by You in relation to an Automated Payment.
   6. You agree to ensure compliance and adherence to the Mandate Limit(s) prescribed by RBI / NPCI under relevant guidelines / applicable law(s) for Automated Payment enabled under this feature. 
8. General
   1. You agree to indemnify and hold PhonePe, its affiliates, employees, directors, officers, agents and representatives, harmless, from any and all losses, damages, actions, claims and liabilities (including legal costs) which may arise in relation to these Autopay Terms.
   2. In no event will PhonePe 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 information provided, however caused and whether arising in contract, tort, negligence, warranty or otherwise, in relation to these Autopay Terms.
   3. These Autopay Terms shall be governed by the laws of India, without respect to its conflict of laws principles. Any claim or dispute between You and PhonePe that arises in whole or in part from in relation to these Autopay Terms shall be decided exclusively by a court of competent jurisdiction located in Bangalore.
   4. PhonePe disclaims all warranties, express or implied, regarding the accuracy and genuineness of this functionality made available pursuant to these Autopay Terms.
   5. The PhonePe Terms of Use and PhonePe Privacy Policy shall be deemed to be incorporated into these Autopay Terms by reference. In case of any conflict between these terms and the PhonePe Terms of Use, these Autopay Terms shall prevail with respect to this functionality enabled via these Autopay Terms.