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This document is an electronic record in terms of Information Technology Act, 2000 including any amendments thereof, from time to time, the rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
These terms and conditions (“Terms”) govern the use of PhonePe Switch (“Switch”) on PhonePe’s mobile application (“PhonePe App”), offered by PhonePe Private Limited (“PhonePe”), a company incorporated under the Companies Act, 1956 with 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.
For the purposes of these Terms, You expressly acknowledge that PhonePe includes PhonePe’s officers, directors, representatives and employees. The logo(s)/trademark(s) of Hosted App(s) displayed on Switch are the properties of the respective Hosted App(s). Through Your usage of Switch, You are accessing m-sites, mobile applications, banners, promotions, offers etc., of various service providers (“Hosted App(s)”) in categories such as education, entertainment, food, grocery, shopping, travel etc and agree to be bound by these Terms.
We may amend these Terms at any time by posting an updated version on PhonePe website(s) and/or PhonePe App. The updated version of these Terms shall take effect immediately upon posting. It is Your responsibility to review these Terms periodically for updates / changes, if any. Your continued use of PhonePe App following the posting of changes shall mean that You accept and agree to the revision(s)/modification(s).
- You acknowledge that there are various Hosted Apps listed on Switch and upon clicking on the respective logo/trademark/banner/promotion/offer of a Hosted App, You are supposed to be redirected to the respective Hosted App’s m-site/application, as may have been made available by such Hosted App. Malfunctioning while being redirected under Switch or some other technical glitch/issue attributable to the Hosted App may also take place (demonstrating that the landing m-site/application post redirection is not the one as represented by the Hosted App) and in which case You are strongly advised to log-out of and close the PhonePe app immediately. While attempting to access any of the Hosted Apps, You might also see a prompt requesting Your consent to share Your personal details with a Hosted App, to enable one-click login for Your ease of use. Post Your consent, PhonePe may share Your details with the Hosted App. Once You consent to this, You would be registered as a customer/user of the respective Hosted App and accordingly shall be governed by the respective Hosted App’s applicable terms of use and privacy policy. PhonePe hereby disclaims all liability with respect to any such data (and the usage thereof) that is shared with Hosted Apps, post Your consent.
- When You opt to use Hosted Apps, You acknowledge that Your use of the Hosted Apps as well Your purchase of product(s)/service(s) on the Hosted Apps shall be governed by the respective Hosted App’s applicable terms, and usage of data collected by the Hosted Apps shall be governed by their respective privacy policies. You are strongly advised to carefully read the terms of use, privacy policy and/or any other internal policies of the Hosted Apps as may be made applicable to You. PhonePe hereby disclaims all liability with respect to any data (and its usage thereof) that is collected by the respective Hosted App during Your usage of the same.
- You acknowledge that PhonePe is providing You access to Switch for Your convenience only and that PhonePe shall have no role in terms of fulfilment of product(s) and/or availing of service(s) from the Hosted Apps. PhonePe is merely facilitating payment(s) for the product(s)/service(s) purchased/availed from the Hosted Apps. Accordingly, PhonePe’s responsibility in relation to Your use of Switch is limited to processing Your payments and settling to the respective Hosted Apps. PhonePe shall bear no responsibility or liability whatsoever in respect of any matter arising from or in connection with products and/or services provided by Hosted App.
- With respect to purchase/availing of product(s)/service(s) by You on Hosted Apps, You acknowledge that the respective Hosted App shall be Your sole point of contact and shall be responsible for providing related invoice(s), warranty card, usage instructions, post-sale support etc. PhonePe shall not be responsible for the same, in any case whatsoever. Any dispute/complaint/grievance/issue with respect to the product(s)/service(s) of the Hosted Apps (including delivery/non-fulfilment/defective goods/deficiency of services/post-sale support etc.) shall be dealt between You and the respective Hosted App and PhonePe shall not be made a party to the same. In such cases, You hereby agree to release PhonePe (including its affiliates and officers, directors, agents, and employees thereof) from all 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/complaints/grievances/issues.
- You agree to not use the Switch including the Hosted Apps for any illicit or illegal purposes (including accessing age-based restricted content unless 18 years above of age) or to conduct any fraudulent transaction or act in such a manner which could be seen as violation of the applicable law and/or the policies, rules, terms of use of PhonePe and/or of the Hosted Apps. While purchasing product(s) or availing service(s) from Hosted Apps, You shall be responsible to ensure that such product(s)/service(s) are not in violation of the applicable laws in jurisdiction in which they are being purchased/delivered/availed, as the case may be. You shall not also make any transaction through PhonePe which is barred under any applicable laws and shall hold PhonePe harmless in the event of any claims against PhonePe in such regard.
- Your usage of Switch shall not be construed as a right to access Switch, at all times. PhonePe, im its sole discretion, may suspend/discontinue, either temporarily or permanently, Your access to Switch, at any time without notice. Further, in case of suspicious/fraudulent transactions, Your transactions may be evaluated and investigated into by PhonePe and/or the Hosted Apps and upon intimation You shall be required to provide written clarification along submission of requested documents as may be relevant to the transaction(s) in question.
- You acknowledge that the Hosted Apps belong to/are offered/extended by third party(ies). Accordingly, You agree to exercise abundant caution and reasonable due diligence before (a) using the Hosted Apps or (b) purchasing/availing any product(s)/service(s) from/via the Hosted Apps.
- You acknowledge that the policies related to refund and return will be provided by the Hosted Apps. You are strongly advised to read the same before purchasing/availing any product(s)/service(s). PhonePe shall not be liable for any refund related complaints/claims and You shall only approach the respective Hosted App for the same.
- You acknowledge that any promotion/offer provided on Switch with respect to the Hosted Apps shall be governed by the applicable terms and conditions. You agree to read such applicable terms and conditions before availing any such promotion/offer.
- To the fullest extent permissible under applicable law, PhonePe disclaims all warranties or guarantees, whether statutory, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. It is Your responsibility to evaluate the accuracy, completeness and usefulness of all information provided through Switch, including the Hosted Apps. You agree that Your use, access or otherwise obtain information through PhonePe App and more particularly, Switch, shall be at Your own discretion and risk and that You will be solely responsible for any damage to Your property (including Your computer system and mobile device or any other equipment) or loss of data that results from the download or use of such information. PhonePe does not authorize anyone to make any warranty on its behalf and You should not rely on any such statement.
- PhonePe does not warrant that Switch will be uninterrupted, error-free or shall be without viruses or other harmful components. All data that is made available on Switch is on an “as is”, “as available” and “with all faults” basis and without warranties or representations of any kind either express or implied.
- 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, directly or indirectly, from breach of these Terms and/or usage of, interaction with or purchase/availing of product(s)/service(s) from/via the Hosted Apps, in any manner whatsoever.
- 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.
- These 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 Terms shall be decided exclusively by a court of competent jurisdiction located in Bangalore.
- The PhonePe Terms of Use and PhonePe Privacy Policy shall be deemed to be incorporated into these Terms by reference.