Royal Datamatics Pvt. Ltd.
(+91) 888 278 0000
Royal Datamatics Pvt. Ltd.
(+91) 888 278 0000

TERMS & CONDITIONS

I. INTRODUCTION

1.1 This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 which require the publishing of the rules and regulations governing the use and access of BlueKaktus Suite, or any other service or mobile application as may be launched by Royal Datamatics Private Limited using the brand name BlueKaktus.

1.2 These terms and conditions (“T&C”), and all applicable policies which are herein incorporated by way of reference govern your rights and obligations as a user of BlueKaktus in accessing and using services provided by Royal Datamatics Private Limited, a company incorporated under the laws of India and having its registered office at D-104, Okhla Industrial Area Phase - I, New Delhi – 110020.

1.3 Your access to and use of the BlueKaktus Account services powered by BlueKaktus are conditional upon your acceptance of and continuous compliance with these T&C at all times. By accessing, browsing and/or using BlueKaktus and/or availing any of its services, you agree to be bound by these T&C, including all rules, guidelines, policies, terms and conditions applicable to BlueKaktus Account services being provided by BlueKaktus (“Policies”), as may be modified by BlueKaktus from time to time, which shall be deemed to be incorporated in these T&C by reference, unconditionally and at all times. BlueKaktus shall have the sole right to change, modify, add or remove these T&C or any of its Policies relating to the provisions of access to the software of BlueKaktus and/or BlueKaktus Account services, at any time without any prior written notice or intimation. It is hereby clarified that you shall be responsible for reviewing the T&C and Policies on the BlueKaktus software periodically and keep yourself updated with any change in the T&C and Policies and if at any time you do not agree with these T&C, you may not use the services provided by BlueKaktus and immediately terminate your use of such services of BlueKaktus. When you continue to access, browse and/or use BlueKaktus and/or avail any of its services, you are deemed to have consented to the then T&C.

II. REGISTRATION OF BLUEKAKTUS ACCOUNT

2.1 The access to the software, mobile application, and/or other services under the brand “BlueKaktus” by BlueKaktus is only available to persons who are competent to enter into legally binding contracts under the Indian Contract Act, 1872. Any person who shall be considered as incompetent to contract as per the provisions of the Indian Contract Act, 1872, including minors, un-discharged insolvents, etc., are not eligible to use the software of BlueKaktus and/or the services offered by BlueKaktus (“User”/ “you”/ “your”). Any person using the software of BlueKaktus and/or the services offered by BlueKaktus on behalf of a proprietor/ partnership/ firm/ company, represents and warrants that it is duly authorized to accept the T&C and the Policies by the User and that such person has the authority to bind the User to these T&C and the Policies.

2.2 You will be required to create an account with BlueKaktus (“BlueKaktus Account”) in relation to the services offered by BlueKaktus to you on its software, mobile application or on third party merchant (“Partner Merchant”) softwares, mobile applications or merchant stores, where BlueKaktus is providing the payment gateway facility and other related services.

2.3 In order to register, create and use a BlueKaktus Account, BlueKaktus may require that you submit to it or it may capture certain information, including but not limited to your name, mobile number, e-mail address, date of birth, and permanent account number (PAN), sms information, Aadhaar number or any other identity and address proof as may be deemed necessary (“Personal Information”).

2.4 As a part of the registration process, you may be required to create a unique user name and password in relation to your BlueKaktus Account (“Account Details”). You are responsible for maintaining confidentiality of your Account Details and you shall be fully responsible for all transactions undertaken from your BlueKaktus Account.

2.5 You agree to (a) immediately notify BlueKaktus of any unauthorized use of your password or the BlueKaktus Account or any other breach of security, and (b) ensure that you exit from your BlueKaktus Account at the end of each session. It is hereby clarified that BlueKaktus will not be liable for any loss, damage or other liability arising from your failure to comply these provisions or from any unauthorized access to or use of your BlueKaktus Account. In the event of any dispute between two or more parties as to ownership of a particular BlueKaktus Account, you agree that BlueKaktus will be the sole arbiter of such dispute, at its sole discretion and that BlueKaktus’ decision (which may include termination or suspension of any account subject to dispute) will be final and binding on all parties.

2.6 You agree that the Personal Information you provide to BlueKaktus upon registration and at all other times will be true, accurate, current and complete. You agree to maintain and update the Personal Information and to keep the Personal Information true, accurate, and complete.

2.7 If you provide any Personal Information that is untrue, inaccurate, not current or complete, BlueKaktus has the right to suspend or terminate your account created on the software of BlueKaktus and refuse any and/or all use, either present or future, of the services of BlueKaktus or any portion thereof. Further, if any liability arises on BlueKaktus due to untrue, inaccurate, incomplete or incorrect information, you hereby agree to compensate BlueKaktus for any such liability.

2.8 You hereby agree that the Personal Information provided by you to BlueKaktus at the time of registration on the software of BlueKaktus shall be collected, stored and used by BlueKaktus for the purpose of providing you an efficient access to the software, mobile application of BlueKaktus and/or the services of BlueKaktus.

2.9 You further agree that such Personal Information shall be displayed, automatically or otherwise, upon logging into account and/or initiating any transaction on the Software. Please note that your information, including Personal Information, is readily available on the software of BlueKaktus and only viewable by you by logging on to the software

2.10 It may be noted that BlueKaktus handles all such information in accordance with the provisions of the applicable law as may be applicable from time to time and only for the duration lawfully required, thereunder.

2.11 You hereby acknowledge that BlueKaktus is sensitive towards your information, including your Personal Information and non-personal information provided at the time of registration on the software of BlueKaktus.

2.12 You hereby acknowledge that BlueKaktus does not sell or rent your information, including the Personal Information, to anyone. You further acknowledge and agree that in the interests of improving personalisation, offering new features in the existing services you are availing, offering new products/ services which may be relevant for you and Service efficiency, we may, under controlled and secure circumstances, share your Information with our affiliates or associates. BlueKaktus does not share, disclose or distribute your information, including Personal Information, with any third party outside of BlueKaktus’ organization, unless required under an arrangement between BlueKaktus and the third party for product enhancement, analysis, risk and security purposes, communication purpose, etc. It may be noted that BlueKaktus has strict guidelines with respect to unauthorized access to information, including Personal Information, provided by you. However, please note that BlueKaktus may pass your Personal Information to other third parties as detailed in the BlueKaktus Privacy Policy.
Please read the Privacy Policy carefully.

2.13 You, at all times, have the option not to provide any Personal Information or other information about you by not registering on the software of BlueKaktus and otherwise withdraw your consent by communicating the same to BlueKaktus in the manner stipulated in these T&C and the Policies of BlueKaktus. Upon withdrawal, BlueKaktus will have no obligations towards you nor will it be liable in relation to any services offered by BlueKaktus during the time you had consented to retain the information with BlueKaktus.

2.14 Please note that if you opt out from providing Personal Information or other information requested by BlueKaktus, you may not be able to access certain areas of the software of BlueKaktus and/or create a BlueKaktus Account.

2.15 You hereby authorize BlueKaktus to request for supplemental information/documentation, at any time, in order to verify that the information provided by you is accurate and complete. BlueKaktus may, also request for additional information to be in conformity with know your customer (KYC) requirements as per applicable laws.

III. SERVICES COVERED UNDER BLUEKAKTUS ACCOUNT

3.1 You are eligible to avail the following services offered by BlueKaktus on its software, mobile application or on Software, mobile applications or stores:

a.) Linking/Saving Payment instruments/accounts

b.) Holding a BlueKaktus Wallet balance

c.) Depositing Money & Withdrawing Money from BlueKaktus Wallet

IV. USER’S OBLIGATION AND COVENANTS

4.1 You accept full responsibility for wrongful use of your BlueKaktus Account which is in contravention of these T&C’s. It is hereby clarified that you shall indemnify BlueKaktus for any loss, damage, interest or any other financial charges that BlueKaktus may incur and/or suffer whether directly or indirectly as a result of violation of these T&C’s by you. To the extent permitted by law, our maximum aggregate liability to you for any causes whatsoever, and regardless of the form of action (whether liability arises due to negligence or other tort, breach of contract, violation of statute, misrepresentation or for any other reason) whatsoever will at all times be limited to the transaction amount under dispute.

4.2 You hereby agree and acknowledge that the mobile device on which the BlueKaktus Account Services is downloaded and used during the registration process shall become your registered device and the details of such device shall be stored by BlueKaktus. In the event you log in to your BlueKaktus Account from a different device, you will be asked to allow BlueKaktus to send a notification on the new device and thereafter such new device shall be treated as the registered device.

4.3 You agree that you will not use the BlueKaktus Account for payment in relation to any illegal purchases and/or unlawful purposes.

4.4 You hereby agree and acknowledge that these T&C’s are between you and BlueKaktus, not with any third party (including, but not limited to, Apple®, Google®, any mobile carrier, or any Merchant) and that BlueKaktus is solely responsible for the transaction processing services. Your use of the other services may be subject to separate agreements that you may enter into with your mobile device operating system provider (e.g., Apple, Google or Microsoft®), your mobile device manufacturer (e.g., Apple, Samsung®), your mobile service carrier (e.g., Airtel or Vodafone®), and other parties involved in providing your mobile device service. Other Merchants, third party operating system providers such as Apple, Google, and Microsoft, your phone or other mobile device manufacturer, your wireless carrier or other network provider, any other product or service provider related to your mobile device service are collectively referred to as “Covered Third Parties”. You agree to comply with all applicable third-party terms of agreement when using the third party services. It is hereby clarified that BlueKaktus is not a party to those agreements and has no responsibility for the products and services provided by third parties.

4.5 You hereby specifically agree that you shall, at all times, comply with the requirements of the Information Technology Act, 2000 as also rules, regulations, guidelines, byelaws and notifications made thereunder.

4.6 You hereby consent to and agree to comply with guidelines, instructions, requests etc. as maybe made by BlueKaktus or a payment system provider from time to time.

4.7 You hereby authorize BlueKaktus to hold, receive, disburse and settle funds on your behalf for transactions initiated by you. Your authorization permits us to generate an electronic funds transfer between you and your BlueKaktus Account, to process each payment transaction that you authorize. Your authorization will remain in full force and effect until your BlueKaktus Account is closed or terminated.

4.8 You hereby agree and acknowledge that BlueKaktus has agreed to provide you the services at your risk and request and that you will be liable for all transactions made through your BlueKaktus Account and for all related charges.

4.9 If you have a dispute with one or more BlueKaktus Account users or Partner Merchants relating to payment, BlueKaktus is not responsible for any such dispute and you hereby release BlueKaktus, its officers, directors, agents, joint ventures and employees from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.

4.10 You shall be liable to ensure that at all times, sufficient funds are available in your bank account before initiating any transaction from your BlueKaktus Account, using the UPI services or any other BlueKaktus Account Service and you hereby authorize BlueKaktus to forward to your bank, your request to debit your linked bank account when you undertake a payment/transfer through the BlueKaktus Account. You are solely responsible for complying with any terms set by your bank or with respect to your bank account, including any fee terms.

4.11 You hereby confirm that you have no objection to receive promotional offers, deals, marketing material, promotional material and any other form of communications from BlueKaktus.

4.12 In no event shall the Company or its affiliates, subsidiaries, officers, directors, employees or any related party be liable for any special, incidental, indirect or consequential damages or any loss of revenue or profits arising under or relating to these T&C

4.13 The User hereby acknowledges, represents and warrants that the 4-6 digit Mobile Personal Identification Number (“MPIN”) for your bank account, generated by you, at any time, that is either before and/or at the time of linking your bank account with the BlueKaktus Application or regenerated anytime thereafter, provides access to the fund transfer through your linked bank account and that you are the sole and exclusive owner and the only authorized user of such MPIN generated as well as for the services availed through the use of the MPIN.

V. BLUEKAKTUS’ RIGHTS

5.1 BlueKaktus reserves the absolute discretion and liberty to decline or honor the authorization request on the BlueKaktus Account without assigning any reason thereof.

5.2 BlueKaktus may at its sole discretion, utilize the services of external service providers/or agents and on such terms as required or necessary, in relation to services being offered by BlueKaktus.

5.3 BlueKaktus has opened its application programming interface (“API”), so you may be subject to agreements with third parties when using a service that was not created by BlueKaktus. BlueKaktus has no liability or responsibility for your use of these third-party services.

5.4 BlueKaktus will employ its best efforts in carrying out the transactions through your BlueKaktus Account but will not incur any liability either to you or any other person for any reason whatsoever including for its delay or inability to carry out a transaction or an instruction.

5.5 In case of any errors arising due to the functionality of the BlueKaktus Account/ software of BlueKaktus, BlueKaktus shall use its best endeavors to rectify such errors and if any such error results in receipt of an amount less than the correct amount, which you are entitled to, BlueKaktus will credit such your BlueKaktus Account with the difference. In the event, such error results in you receiving amount in excess of the amount you are entitled to, then you hereby authorize BlueKaktus to debit such extra funds from your BlueKaktus Account.

VI. CLOSURE OF BLUEKAKTUS ACCOUNT

6.1 Your BlueKaktus Account will automatically expire if no transactions have been executed in your BlueKaktus Account for last 12 months.

6.2 30 days prior to the expiration of your account, BlueKaktus will intimate you through your registered e-mail and / or SMS to your registered mobile number regarding the expiry of your BlueKaktus Account.

6.3 If no response is received within next 15 days, second reminder will be sent to you intimating you of the same of the expiry of your BlueKaktus Account.

6.4 If your BlueKaktus Account is not under suspension – you may choose to transfer the Available Amount to an individual or make payments at a Partner Merchant or withdraw it to your linked bank account. If your BlueKaktus Account is under suspension and is the subject of an investigation by BlueKaktus – you will not be able to use the Available Amount in your account till the account is removed from suspension. If you are unable to provide proof to remove the suspension and the validity expires, the Available Amount in your account will be forfeited as deemed by RBI.

VII. INTELLECTUAL PROPERTY

The User acknowledges that BlueKaktus is the sole and rightful owner of the Intellectual Property and the User agrees not to register, use or file in its own name or in the name of any other person or company any trademarks same or similar or resembling in any manner the Intellectual Property and not to associate the Intellectual Property with its own business, except for the purpose as specified in these T&C. “Intellectual Property Rights” for the purpose of these T&C shall always mean and include the BlueKaktus Account Services, software, 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 BlueKaktus as the owner of such domain name.

VIII. DISCLAIMER

It is hereby clarified that the Services to a User through the BlueKaktus Account Services are provided on an ‘as is’ and ‘as available’ basis, without any representations and warranties, express or implied by BlueKaktus. BlueKaktus does not make any representations pertaining to the information, content, products or services included on or otherwise made available to a User through BlueKaktus Account Services. BlueKaktus disclaims any warranty, implied or otherwise, regarding the service, including warranty of merchantability, fitness for a particular purpose or non-infringement.

IX. DISPUTE RESOLUTION

9.1 Any dispute or claim relating to it, its enforceability or its termination under these T&C and the Policies shall be governed by the Arbitration and Conciliation Act, 1996 by a sole arbitrator appointed by BlueKaktus. The arbitration proceedings shall be held in English language at Delhi. The courts at Delhi shall have exclusive jurisdiction over any disputes relating to the subject matter herein.

9.2 All notices, requests, demands, waivers and other communications required or permitted to be given hereunder shall be Royal Datamatics Private Limited, D-104, Okhla Industrial Area Phase – I, New Delhi - 122002, India, if to BlueKaktus, if to User, it shall be to the address registered with BlueKaktus.

TERMS & CONDITIONS

I. INTRODUCTION

1.1 This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 which require the publishing of the rules and regulations governing the use and access of BlueKaktus Suite, or any other service or mobile application as may be launched by Royal Datamatics Private Limited using the brand name BlueKaktus.

1.2 These terms and conditions (“T&C”), and all applicable policies which are herein incorporated by way of reference govern your rights and obligations as a user of BlueKaktus in accessing and using services provided by Royal Datamatics Private Limited, a company incorporated under the laws of India and having its registered office at D-104, Okhla Industrial Area Phase - I, New Delhi – 110020.

1.3 Your access to and use of the BlueKaktus Account services powered by BlueKaktus are conditional upon your acceptance of and continuous compliance with these T&C at all times. By accessing, browsing and/or using BlueKaktus and/or availing any of its services, you agree to be bound by these T&C, including all rules, guidelines, policies, terms and conditions applicable to BlueKaktus Account services being provided by BlueKaktus (“Policies”), as may be modified by BlueKaktus from time to time, which shall be deemed to be incorporated in these T&C by reference, unconditionally and at all times. BlueKaktus shall have the sole right to change, modify, add or remove these T&C or any of its Policies relating to the provisions of access to the software of BlueKaktus and/or BlueKaktus Account services, at any time without any prior written notice or intimation. It is hereby clarified that you shall be responsible for reviewing the T&C and Policies on the BlueKaktus software periodically and keep yourself updated with any change in the T&C and Policies and if at any time you do not agree with these T&C, you may not use the services provided by BlueKaktus and immediately terminate your use of such services of BlueKaktus. When you continue to access, browse and/or use BlueKaktus and/or avail any of its services, you are deemed to have consented to the then T&C.

II. REGISTRATION OF BLUEKAKTUS ACCOUNT

2.1 The access to the software, mobile application, and/or other services under the brand “BlueKaktus” by BlueKaktus is only available to persons who are competent to enter into legally binding contracts under the Indian Contract Act, 1872. Any person who shall be considered as incompetent to contract as per the provisions of the Indian Contract Act, 1872, including minors, un-discharged insolvents, etc., are not eligible to use the software of BlueKaktus and/or the services offered by BlueKaktus (“User”/ “you”/ “your”). Any person using the software of BlueKaktus and/or the services offered by BlueKaktus on behalf of a proprietor/ partnership/ firm/ company, represents and warrants that it is duly authorized to accept the T&C and the Policies by the User and that such person has the authority to bind the User to these T&C and the Policies.

2.2 You will be required to create an account with BlueKaktus (“BlueKaktus Account”) in relation to the services offered by BlueKaktus to you on its software, mobile application or on third party merchant (“Partner Merchant”) softwares, mobile applications or merchant stores, where BlueKaktus is providing the payment gateway facility and other related services.

2.3 In order to register, create and use a BlueKaktus Account, BlueKaktus may require that you submit to it or it may capture certain information, including but not limited to your name, mobile number, e-mail address, date of birth, and permanent account number (PAN), sms information, Aadhaar number or any other identity and address proof as may be deemed necessary (“Personal Information”).

2.4 As a part of the registration process, you may be required to create a unique user name and password in relation to your BlueKaktus Account (“Account Details”). You are responsible for maintaining confidentiality of your Account Details and you shall be fully responsible for all transactions undertaken from your BlueKaktus Account.

2.5 You agree to (a) immediately notify BlueKaktus of any unauthorized use of your password or the BlueKaktus Account or any other breach of security, and (b) ensure that you exit from your BlueKaktus Account at the end of each session. It is hereby clarified that BlueKaktus will not be liable for any loss, damage or other liability arising from your failure to comply these provisions or from any unauthorized access to or use of your BlueKaktus Account. In the event of any dispute between two or more parties as to ownership of a particular BlueKaktus Account, you agree that BlueKaktus will be the sole arbiter of such dispute, at its sole discretion and that BlueKaktus’ decision (which may include termination or suspension of any account subject to dispute) will be final and binding on all parties.

2.6 You agree that the Personal Information you provide to BlueKaktus upon registration and at all other times will be true, accurate, current and complete. You agree to maintain and update the Personal Information and to keep the Personal Information true, accurate, and complete.

2.7 If you provide any Personal Information that is untrue, inaccurate, not current or complete, BlueKaktus has the right to suspend or terminate your account created on the software of BlueKaktus and refuse any and/or all use, either present or future, of the services of BlueKaktus or any portion thereof. Further, if any liability arises on BlueKaktus due to untrue, inaccurate, incomplete or incorrect information, you hereby agree to compensate BlueKaktus for any such liability.

2.8 You hereby agree that the Personal Information provided by you to BlueKaktus at the time of registration on the software of BlueKaktus shall be collected, stored and used by BlueKaktus for the purpose of providing you an efficient access to the software, mobile application of BlueKaktus and/or the services of BlueKaktus.

2.9 You further agree that such Personal Information shall be displayed, automatically or otherwise, upon logging into account and/or initiating any transaction on the Software. Please note that your information, including Personal Information, is readily available on the software of BlueKaktus and only viewable by you by logging on to the software

2.10 It may be noted that BlueKaktus handles all such information in accordance with the provisions of the applicable law as may be applicable from time to time and only for the duration lawfully required, thereunder.

2.11 You hereby acknowledge that BlueKaktus is sensitive towards your information, including your Personal Information and non-personal information provided at the time of registration on the software of BlueKaktus.

2.12 You hereby acknowledge that BlueKaktus does not sell or rent your information, including the Personal Information, to anyone. You further acknowledge and agree that in the interests of improving personalisation, offering new features in the existing services you are availing, offering new products/ services which may be relevant for you and Service efficiency, we may, under controlled and secure circumstances, share your Information with our affiliates or associates. BlueKaktus does not share, disclose or distribute your information, including Personal Information, with any third party outside of BlueKaktus’ organization, unless required under an arrangement between BlueKaktus and the third party for product enhancement, analysis, risk and security purposes, communication purpose, etc. It may be noted that BlueKaktus has strict guidelines with respect to unauthorized access to information, including Personal Information, provided by you. However, please note that BlueKaktus may pass your Personal Information to other third parties as detailed in the BlueKaktus Privacy Policy.
Please read the Privacy Policy carefully.

2.13 You, at all times, have the option not to provide any Personal Information or other information about you by not registering on the software of BlueKaktus and otherwise withdraw your consent by communicating the same to BlueKaktus in the manner stipulated in these T&C and the Policies of BlueKaktus. Upon withdrawal, BlueKaktus will have no obligations towards you nor will it be liable in relation to any services offered by BlueKaktus during the time you had consented to retain the information with BlueKaktus.

2.14 Please note that if you opt out from providing Personal Information or other information requested by BlueKaktus, you may not be able to access certain areas of the software of BlueKaktus and/or create a BlueKaktus Account.

2.15 You hereby authorize BlueKaktus to request for supplemental information/documentation, at any time, in order to verify that the information provided by you is accurate and complete. BlueKaktus may, also request for additional information to be in conformity with know your customer (KYC) requirements as per applicable laws.

III. SERVICES COVERED UNDER BLUEKAKTUS ACCOUNT

3.1 You are eligible to avail the following services offered by BlueKaktus on its software, mobile application or on Software, mobile applications or stores:

a.) Linking/Saving Payment instruments/accounts

  • You can use your BlueKaktus Account to save your net banking (no username/password is saved), debit/credit card details in order to facilitate faster transactions on Software.
  • If you have saved your net banking, debit/credit card details through your BlueKaktus Account, the same shall also be updated automatically on the Partner Merchant platform when you purchase a product/service from the Partner Merchant.
  • Wherever available and in conformance with guidelines of NPCI, you can also create a VPA (“Virtual Payment Address”) for availing UPI services. UPI (“Unified Payment Interface”) shall mean the payment service platform developed by the NPCI (“National Payments Corporation of India”), which acts as the settlement/clearing house/regulatory agency for UPI services. BlueKaktus connects with the UPI platform in partnership/association with various banks that allows transfer of money using a virtual address/ VPA, Mobile Number & MMID, Aadhaar Number, Account Number & IFS Code (“UPI services”). The UPI services are only available to User’s holding a bank account with UPI member banks, as registered with the National Payments Corporation of India.
  • You can also store details of your bank account (beneficiary name, account number, IFSC)
  • You can delete linked payment instruments by accessing the relevant software or mobile application
  • You can mark any payment instrument as default to be used for future payment transactions
  • Any payment instrument that is expired will be automatically removed from your account

b.) Holding a BlueKaktus Wallet balance

  • BlueKaktus Wallet is a Prepaid Payment Instrument (“PPI”) of BlueKaktus under the certificate of authorization provided to BlueKaktus by RBI (“BlueKaktus Wallet”). For usage of the BlueKaktus Wallet, you represent to BlueKaktus that you are 18 years or above, are an Indian National having tax residency in India. You further represent and assure BlueKaktus that you are not a tax resident of USA or any other country.
  • You may hold a BlueKaktus Wallet balance if you have completed your registration process and (i) verified your mobile number by entering an OTP (“One Time Password”) sent to your registered mobile, providing requisite declaration and providing one valid address proof and id proof number, or any other such requirement levied by BlueKaktus or any regulatory authority; (ii) providing BlueKaktus your KYC through the 2 options provided by BlueKaktus- OTP verification flow and document upload flow or any other such requirement levied by BlueKaktus or any regulatory authority. If you have opted for the minimum detail wallet, you may further upgrade your account by undergoing KYC process as mandated by Reserve bank of India (“RBI”) to increase the limits for your BlueKaktus Wallet and as elaborated in point (ii) above.
  • BlueKaktus Account balances held by you are held by BlueKaktus in an escrow account. These funds are not used operating expenses or any other corporate purposes and are not made available to our creditors in the event of bankruptcy. While your funds are in our custody, BlueKaktus will combine your funds with the funds of other users and place those pooled accounts in the escrow account in Company’s name.
  • You can use the amount available in you BlueKaktus Wallet at a given point of time i.e. being a sum of amount(s) deposited in BlueKaktus Wallet as reduced by (a) the amount(s) utilized by using BlueKaktus Wallet for transaction(s) and (b) fees, costs and expenses as charged by BlueKaktus (“Available Amount”), at Softwares and/or BlueKaktus platforms for transfers, payments, balance inquiry, mini statement and withdrawals to own bank account within India.
  • You cannot, in accordance with the law, redeem the balance for cash through BlueKaktus software.
  • BlueKaktus Wallet is governed and will continue to be governed by regulations of RBI on prepaid payment instruments (PPI). The FAQ can be referred to for seeing the latest transaction and account limits imposed by RBI. By using BlueKaktus Wallet, you agree to adhere to all such guidelines and rules prescribed from time to time by BlueKaktus Payment Solutions Limited and RBI, NPCI wherever applicable or any other regulatory body.

c.) Depositing Money & Withdrawing Money from BlueKaktus Wallet

  • The amount that can be deposited in the BlueKaktus Wallet is governed by policies laid down by RBI. These involve monthly limits, transaction limits as well as balance limits on the account.
  • In addition to RBI guidelines, BlueKaktus at its discretion, could impose further limits on the amount of money you deposit in your account. Please see our FAQ for more details on limits. If we have authenticated your identity, we may increase your deposit limits. These limits may change from time to time on BlueKaktus sole discretion.
  • You can use multiple funding sources for depositing money in your account. These sources could be but not limited to Cash, Credit Cards, Debit Cards, Net Banking, UPI, Transfer from another BlueKaktus Wallet, etc.
  • In order to manage risk, BlueKaktus may limit the funding sources available for your use to fund any particular transaction. For example, we may limit your funding sources for a particular transaction to debit cards or your net banking account.
  • Each funding source will have a different dispute resolution mechanism and the relevant mechanism will be followed should your transaction turn out to be unsatisfactory.
  • BlueKaktus will monitor each deposit made into your BlueKaktus Wallet to monitor high-risk & fraudulent transactions. If your deposit is classified as a high-risk transaction or is suspected of fraud, BlueKaktus will place a hold on the deposit and may ask you for more information on you and your funding source. BlueKaktus will conduct a review and either clear or cancel the deposit. If the deposit is cleared, BlueKaktus will notify you and update your balance. Otherwise, BlueKaktus will cancel the deposit and the funds will be forfeited by BlueKaktus. The said funds will be refundable only to source account upon valid demand raised by holder of source account. BlueKaktus will notify you by email and/or in the account history tab of your BlueKaktus Wallet account if the deposit is cancelled.
  • When you make a deposit, you are liable to BlueKaktus for the full amount of the deposit plus any fees if the deposit is later invalidated for any reason. This means that, in addition to any other liability, you will be responsible for the amount of the deposit, plus applicable fees if you lose a claim or a chargeback, or if there is a reversal of the deposit. If the owner of the funding source of a deposit later disputes the deposit or files a claim for a chargeback, the debit or credit card issuer or the originating bank, not BlueKaktus, will determine whether the dispute is valid and to whom payment is due. You agree to allow BlueKaktus to recover any amounts due to BlueKaktus by debiting your wallet balance. If there are insufficient funds in your account to cover your liability, you agree to reimburse BlueKaktus through other means. If BlueKaktus is unable to recover the funds from your primary funding source, BlueKaktus may attempt to contact you, BlueKaktus may recover the funds from your alternate funding sources, or may take other legal actions to collect the amount due, to the extent allowed by applicable law.
  • You can choose to withdraw the Available Amount to your linked bank account.
  • BlueKaktus may provide the option of limited withdrawals for new accounts and levy a withdrawal fee, in accordance with the law. Please see our FAQ section for details on the fee.
  • BlueKaktus reserves the right to delay withdrawals while we screen for risk, or request you provide additional information to verify your identity and we may limit the amount you can withdraw until the information is verified.
  • Any withdrawal found to be suspicious will be held back and reversed into the wallet. Your account will also be suspended for operations and no transactions will be possible on this account pending an investigation. A notification will be given to you if you are the subject of an investigation. If you are able to provide a justification for the withdrawal to the satisfaction of BlueKaktus, your account will be removed from suspension and you would be free to transact using your Available Amount.
  • In the case of no information being provided by you for a suspended account – the account will continue to be suspended till its validity and the amount will be forfeited as required by RBI.

IV. USER’S OBLIGATION AND COVENANTS

4.1 You accept full responsibility for wrongful use of your BlueKaktus Account which is in contravention of these T&C’s. It is hereby clarified that you shall indemnify BlueKaktus for any loss, damage, interest or any other financial charges that BlueKaktus may incur and/or suffer whether directly or indirectly as a result of violation of these T&C’s by you. To the extent permitted by law, our maximum aggregate liability to you for any causes whatsoever, and regardless of the form of action (whether liability arises due to negligence or other tort, breach of contract, violation of statute, misrepresentation or for any other reason) whatsoever will at all times be limited to the transaction amount under dispute.

4.2 You hereby agree and acknowledge that the mobile device on which the BlueKaktus Account Services is downloaded and used during the registration process shall become your registered device and the details of such device shall be stored by BlueKaktus. In the event you log in to your BlueKaktus Account from a different device, you will be asked to allow BlueKaktus to send a notification on the new device and thereafter such new device shall be treated as the registered device.

4.3 You agree that you will not use the BlueKaktus Account for payment in relation to any illegal purchases and/or unlawful purposes.

4.4 You hereby agree and acknowledge that these T&C’s are between you and BlueKaktus, not with any third party (including, but not limited to, Apple®, Google®, any mobile carrier, or any Merchant) and that BlueKaktus is solely responsible for the transaction processing services. Your use of the other services may be subject to separate agreements that you may enter into with your mobile device operating system provider (e.g., Apple, Google or Microsoft®), your mobile device manufacturer (e.g., Apple, Samsung®), your mobile service carrier (e.g., Airtel or Vodafone®), and other parties involved in providing your mobile device service. Other Merchants, third party operating system providers such as Apple, Google, and Microsoft, your phone or other mobile device manufacturer, your wireless carrier or other network provider, any other product or service provider related to your mobile device service are collectively referred to as “Covered Third Parties”. You agree to comply with all applicable third-party terms of agreement when using the third party services. It is hereby clarified that BlueKaktus is not a party to those agreements and has no responsibility for the products and services provided by third parties.

4.5 You hereby specifically agree that you shall, at all times, comply with the requirements of the Information Technology Act, 2000 as also rules, regulations, guidelines, byelaws and notifications made thereunder.

4.6 You hereby consent to and agree to comply with guidelines, instructions, requests etc. as maybe made by BlueKaktus or a payment system provider from time to time.

4.7 You hereby authorize BlueKaktus to hold, receive, disburse and settle funds on your behalf for transactions initiated by you. Your authorization permits us to generate an electronic funds transfer between you and your BlueKaktus Account, to process each payment transaction that you authorize. Your authorization will remain in full force and effect until your BlueKaktus Account is closed or terminated.

4.8 You hereby agree and acknowledge that BlueKaktus has agreed to provide you the services at your risk and request and that you will be liable for all transactions made through your BlueKaktus Account and for all related charges.

4.9 If you have a dispute with one or more BlueKaktus Account users or Partner Merchants relating to payment, BlueKaktus is not responsible for any such dispute and you hereby release BlueKaktus, its officers, directors, agents, joint ventures and employees from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.

4.10 You shall be liable to ensure that at all times, sufficient funds are available in your bank account before initiating any transaction from your BlueKaktus Account, using the UPI services or any other BlueKaktus Account Service and you hereby authorize BlueKaktus to forward to your bank, your request to debit your linked bank account when you undertake a payment/transfer through the BlueKaktus Account. You are solely responsible for complying with any terms set by your bank or with respect to your bank account, including any fee terms.

4.11 You hereby confirm that you have no objection to receive promotional offers, deals, marketing material, promotional material and any other form of communications from BlueKaktus.

4.12 In no event shall the Company or its affiliates, subsidiaries, officers, directors, employees or any related party be liable for any special, incidental, indirect or consequential damages or any loss of revenue or profits arising under or relating to these T&C

4.13 The User hereby acknowledges, represents and warrants that the 4-6 digit Mobile Personal Identification Number (“MPIN”) for your bank account, generated by you, at any time, that is either before and/or at the time of linking your bank account with the BlueKaktus Application or regenerated anytime thereafter, provides access to the fund transfer through your linked bank account and that you are the sole and exclusive owner and the only authorized user of such MPIN generated as well as for the services availed through the use of the MPIN.

V. BLUEKAKTUS’ RIGHTS

5.1 BlueKaktus reserves the absolute discretion and liberty to decline or honor the authorization request on the BlueKaktus Account without assigning any reason thereof.

5.2 BlueKaktus may at its sole discretion, utilize the services of external service providers/or agents and on such terms as required or necessary, in relation to services being offered by BlueKaktus.

5.3 BlueKaktus has opened its application programming interface (“API”), so you may be subject to agreements with third parties when using a service that was not created by BlueKaktus. BlueKaktus has no liability or responsibility for your use of these third-party services.

5.4 BlueKaktus will employ its best efforts in carrying out the transactions through your BlueKaktus Account but will not incur any liability either to you or any other person for any reason whatsoever including for its delay or inability to carry out a transaction or an instruction.

5.5 In case of any errors arising due to the functionality of the BlueKaktus Account/ software of BlueKaktus, BlueKaktus shall use its best endeavors to rectify such errors and if any such error results in receipt of an amount less than the correct amount, which you are entitled to, BlueKaktus will credit such your BlueKaktus Account with the difference. In the event, such error results in you receiving amount in excess of the amount you are entitled to, then you hereby authorize BlueKaktus to debit such extra funds from your BlueKaktus Account.

  • 5.6 In the event, you erroneously send a payment to a wrong party or send a payment for a wrong amount, BlueKaktus shall have no liability in this regard and your only recourse will be to contact such third party to whom such payment was sent and seek a refund. BlueKaktus will not refund or reverse a payment erroneously made by you.
  • 5.7 BlueKaktus may at its sole discretion withdraw or suspend any services or amend any of its features without notice to you.
  • 5.8 BlueKaktus shall have the sole discretion to not allow the User to carry out a transaction where it has reason to believe that the use of BlueKaktus Account is not authorized, or the transaction appears not genuine or unclear or such as to raise a doubt.
  • 5.9 BlueKaktus, at its sole discretion, reserves the right to either temporarily or permanently withdraw the privileges on instruments and/or cancel the instruments at any time without giving any notice or assigning any reason thereof. In case of temporary withdrawal, the privileges may be reinstated by BlueKaktus as deemed fit. It is hereby clarified that the withdrawal (temporarily or permanently) shall constitute automatic withdrawal of all attendant benefits, privileges and services attached to any instrument. However, the User shall continue to be fully liable for all the charges incurred on the instrument prior to such withdrawal together will all other applicable charges thereon, unless other specified by BlueKaktus.
  • 5.10 BlueKaktus may terminate these T&C’s and the Policies and/or the services provided hereunder for any reason including for reasons of breach of these T&C’s or any of the Policies on the BlueKaktus software. Your sole right to terminate these T&C’s and the Policies is by deleting your BlueKaktus Account.

VI. CLOSURE OF BLUEKAKTUS ACCOUNT

6.1 Your BlueKaktus Account will automatically expire if no transactions have been executed in your BlueKaktus Account for last 12 months.

6.2 30 days prior to the expiration of your account, BlueKaktus will intimate you through your registered e-mail and / or SMS to your registered mobile number regarding the expiry of your BlueKaktus Account.

6.3 If no response is received within next 15 days, second reminder will be sent to you intimating you of the same of the expiry of your BlueKaktus Account.

6.4 If your BlueKaktus Account is not under suspension – you may choose to transfer the Available Amount to an individual or make payments at a Partner Merchant or withdraw it to your linked bank account. If your BlueKaktus Account is under suspension and is the subject of an investigation by BlueKaktus – you will not be able to use the Available Amount in your account till the account is removed from suspension. If you are unable to provide proof to remove the suspension and the validity expires, the Available Amount in your account will be forfeited as deemed by RBI.

VII. INTELLECTUAL PROPERTY

The User acknowledges that BlueKaktus is the sole and rightful owner of the Intellectual Property and the User agrees not to register, use or file in its own name or in the name of any other person or company any trademarks same or similar or resembling in any manner the Intellectual Property and not to associate the Intellectual Property with its own business, except for the purpose as specified in these T&C. “Intellectual Property Rights” for the purpose of these T&C shall always mean and include the BlueKaktus Account Services, software, 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 BlueKaktus as the owner of such domain name.

VIII. DISCLAIMER

It is hereby clarified that the Services to a User through the BlueKaktus Account Services are provided on an ‘as is’ and ‘as available’ basis, without any representations and warranties, express or implied by BlueKaktus. BlueKaktus does not make any representations pertaining to the information, content, products or services included on or otherwise made available to a User through BlueKaktus Account Services. BlueKaktus disclaims any warranty, implied or otherwise, regarding the service, including warranty of merchantability, fitness for a particular purpose or non-infringement.

IX. DISPUTE RESOLUTION

9.1 Any dispute or claim relating to it, its enforceability or its termination under these T&C and the Policies shall be governed by the Arbitration and Conciliation Act, 1996 by a sole arbitrator appointed by BlueKaktus. The arbitration proceedings shall be held in English language at Delhi. The courts at Delhi shall have exclusive jurisdiction over any disputes relating to the subject matter herein.

9.2 All notices, requests, demands, waivers and other communications required or permitted to be given hereunder shall be Royal Datamatics Private Limited, D-104, Okhla Industrial Area Phase – I, New Delhi - 122002, India, if to BlueKaktus, if to User, it shall be to the address registered with BlueKaktus.

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