This document prescribes the Terms and Conditions, which shall be applicable to all transactions initiated
by the User/Customers through any UPI PSP app and for using Unified Payments Interface (UPI) services for
the repayment of loan/credit facility obtained from Jana Small Finance Bank Limited (“JSFB”). The
repayment may be either in partial/EMI/full repayment of loan amount outstanding.
1. Definitions
- ‘Amount’ – The payment amount in question which is required to be transferred from
the Payer to the Receiver via scanning the QR code generated in the website as a part of the UPI
Transaction.
- ‘Authorisation / Authorised Transactions’ – The process by which Issuing Bank
approves a Transaction.
- ‘Beneficiary Bank’ – Beneficiary Bank means “Jana Small Finance Bank Limited (JSFB)
as the loan account will be held with JSFB.
- ‘Commission’ means the commission, fees, charges or levies payable to Bank, for
facilitating a Transaction.
- ‘NPCI’ The National Payments Corporation of India, a company incorporated in India
under Section 25 of the Companies Act, 1956 (now Section 8 of Companies Act 2013) NPCI acts as the
settlement, clearing house, regulating agency for UPI services with the core objective of consolidating
and integrating the multiple payment systems with varying service levels into nation-wide uniform and
standard business process for all retail payment systems.
- ‘Payer’ Customer of the Beneficiary Bank who is holding loan account with Beneficiary
Bank and who intends to use the UPI services for loan repayment.
- ‘Payment Service Provider’ (PSP) or “PSP App” The entities which are allowed to
issue virtual addresses to the Users and provide payment (credit / debit) services to individuals or
entities and regulated by the Reserve Bank of India, in accordance with the Payments and Settlement
Systems Act, 2007.
- ‘Remitter Bank’ – The account holding bank of the Payer where the Debit of the UPI
instruction is received from the Payer for execution on real time basis.
- ‘Service Providers’ The Banks, Financial Institutions and Software Providers who are
in the business of providing Information Technology Services, including but not limited to, Internet
Based Electronic Commerce, Internet Payment Gateway and Electronic Software Distribution Services and
who have an arrangement with bank or with NPCI to enable use of UPI Software developed by them to route
UPI Transactions.
- ‘Transaction’ – Every payment instruction that results in a debit (excluding
Non-Financial transactions) to the Payer’s Account and a corresponding credit to the Receiver’s Account.
- ‘Non-Financial Transactions’ – Any transactions which is initiated on the App but
does not result in debiting / crediting of User accounts.
- ‘UPI PIN’ The authentication credentials, password, etc., as provided by User Account
Holding Bank (‘Issuer Bank’), which shall be required by the User for completion of the transfer of
funds through UPI.
- ‘UPI Services’ The Unified Payment Interface, a multi-platform operable payment
network solution which is being provided by Jana for the purpose of Interbank Funds Transfer i.e., pay
someone (push) or collect from someone (pull) transaction, pursuant to the rules, regulations and
guidelines issued by NPCI, Reserve Bank of India and the JSFB, from time to time.
- ‘User’ or ‘Customer’ The term individually and collectively refer to Payer(s) using
UPI services on Master Merchant Platform for initiating and executing UPI transactions for repayment of
loan account held with Beneficiary Bank.
- ‘Virtual Payment Address’ – A unique Payment Identifier issued by a PSP to a Payer
or a Receiver that, among other things, can be used to identify the debit or credit to a bank account.
- ‘QR code’ – A unique readable code of an array of black and white squares which can
be used to scan for making payment.
2. Applicability of Terms
- These Terms and Conditions are applicable to the existing and eligible Users of the member Banks of
NPCI offering the UPI Services. JSFB is the member bank of NPCI.. These Terms shall be in addition to
and not in derogation of the Guidelines applicable to UPI Services of NPCI.
- It is agreed by the User that the obligations provided in these Terms and Conditions, shall be
binding on the User with regard to any transaction done by the User via any UPI PSP App. The User
understands and agrees that nothing herein or otherwise with respect to the usage of UPI PSP app or the
availing of the UPI Services via UPI PSP app shall be construed as creating any contractual or other
rights against NPCI.
3. Scope of Loan repayment through web based QR code
-
The Web based QR code loan repayment offers an instant, twenty four hours (24X7),
Interbank Electronic
Funds Transfer and / or Funds Collection Service to the Users of UPI member banks. The Services allows
Users to repay the loan / credit facility obtained from JSFB.
4. Disclaimer of Warranty
The UPI Web QR based loan repayment solution is provided on an "as is" basis with no
representation,
guarantee or warranty of any kind, either express or implied, as to its functionality. Downloading the QR
code or using the website does not automatically entitle the User to receive any documentation, telephonic
/ technical support or version updates on their handheld devices/desktops from NPCI/JSFB.. User
Obligations
-
The User is aware of the loan details being held with JSFB and also understands that the loan amount
can be repaid through scanning the QR code in the website and the debit / credit transactions can be
done from the default account only as set in User’s PSP app. User may change the default account before
initiating such debit transactions per his/her convenience.
-
User agrees to assume and take over all consequences and risk of performing UPI transactions through
scanning the UPI QR code and shall be solely responsible for any liability incurred by Issuer Bank in
execution of any instruction issued by the JSFB. The User understands and agrees that once QR code is
scanned / sending request is accepted under UPI Services, the default’s loan account will automatically
be credited with such amounts as may be mentioned in the sending request. The User understands and
agrees that such amounts once credited to loan account cannot be reversed by the User.
-
The User shall provide correct loan details at the time of initiating transaction while using the web
based QR code solution. The User shall be solely responsible for entering wrong loan account number
details due to which the funds may be transferred to an incorrect Loan account number.
-
The User shall not hold JSFB responsible for any damage, claim, and issue arising out or in connection
with any irregularities occurred while scanning the QR code initiated via the PSP App. The User
understands and agrees that all such claims, losses, damages, liabilities and issues shall constitute a
claim only against such PSP apps installed by Payer and not against JSFB.
-
User agrees and accepts that the UPI Services is provided by JSFB in line with the NCPI and RBI’s
guidelines which are subject to change from time to time.
-
User shall inform his / her account holding bank/JSFB immediately of any inquiry, question or issue
raised by any authority including but not limited to any statutory authority. User shall not
unilaterally file any response / reply to such an authority without the prior approval and vetting by
JSFB in case it relates to the functions of JSFB.
-
The User shall be solely liable for ensuring availability of sufficient funds in the Account(s) at all
times for the purpose of availing the Services. Charges and taxes will be applicable per the existing
loan availed by the user with JSFB.
-
The User is solely responsible for the accuracy and authenticity of the payment instructions issued
via any PSP App. Once a payment instruction is issued, the same cannot be subsequently revoked by the
User. JSFB accepts no liability for any consequences arising from erroneous information provided by the
User in payment instructions.
JSFB or NPCI states that it has no liability or obligation to keep a record of the instructions to
provide information to the User or for verifying the instructions. All instructions, requests,
directives, orders, directions, carried out by the User via the UPI enabled PSP App, are based upon the
User’s decisions and are the sole responsibility of the User.
5. Disclaimer of Liability
-
The User agrees and acknowledges that NPCI shall not be liable and shall in no way be held
responsible for any damages whatsoever whether such damages are direct, indirect, incidental or
consequential and irrespective of whether any claim is based on loss of revenue, interruption of
business, transaction carried out by the User, information provided or disclosed by Issuer Bank
regarding User’s Account(s) or any loss of any character or nature whatsoever and whether sustained by
the User or by any other person. While JSFB shall endeavour to promptly execute and process the
transactions as instructed to be made by the User. JSFB shall not be responsible for any interruptions,
non-response or delay in responding due to any reason whatsoever, including due to failure of
operational systems or any requirement of law.
- JSFB shall not be liable for any loss, claim or damage suffered by the User and / or any other third
party arising out of or resulting from failure of any transaction initiated via user’s PSP App on
account of time out transaction i.e. where no response is received from NPCI/PSP to the transaction
request. JSFB shall also not be liable for any loss, damage and / or claim arising out of or resulting
from wrong Loan account details being provided by the User.
- JSFB shall not be responsible for any electronic or mechanical defect, data failure or corruption,
viruses and bugs or related problems that may be attributable to User telecommunication equipment and /
or the services provided by any Service Provider. For the protection of both the parties, and as a tool
to correct misunderstandings, the User understands, agrees and authorises JSFB, at its discretion, and
without further prior notice to the User, to monitor and record any or all telephone conversations or
electronic communications between the User and NPCI/PSP.
- JSFB expressly disclaims all warranties of any kind, whether express or implied or statutory,
including, but not limited to the implied warranties of merchantability, fitness for a particular
purpose, data accuracy and completeness, and any warranties relating to non-infringement in the UPI
Facility.
- The rights granted to a User are ‘limited, non-exclusive, non-transferable. The User should not –
- Indulge into any ‘modification, adaptation, improvement,
enhancement, translation or derivative work’ of the UPI Webs based QR code Loan repayment solution
as a
whole or part.
- 'Decompile, reverse engineer, copy, disassemble, and
attempt to derive the source code of, or decrypt the Website.’
- Remove or alter any propriety notices, legends,
symbols or
labels in the Website, including, but not limited to any trademark, logo or copyright.
- User agrees that all ownership of the Website including
all
relevant intellectual property rights shall remain with JSFB.
- Any breach of these stated Terms shall entitle JSFB to seek appropriate legal actions against the User
as it shall deem fit and appropriate, including and not restricting the right to disable the
Application.
- JSFB reserves the right to change / modify the Terms and Conditions at any time without prior notice.
In the event that any changes are made, the revised Terms and Conditions shall be updated on JSFB
website. User agrees to abide by the most recent version of this Terms each time the User uses UPI the
website for loan repayment only.
- JSFB has absolute right to grant access to the User to use the Application and user agrees and
consents that the user shall not engage in any activity that shall interfere with or disrupts the
Application. In the event of any misuse of the Application by user; JSFB shall have sole and absolute
discretion to take suitable action against the user, including and not restricting JSFB right to seek
appropriate legal remedies at the users cost and expenses. Further, nothing herein shall restrict JSFB’s
right to delete / block / blacklist / prohibit creation of such QR code which in JSFB’s sole and
absolute
discretion are misleading and/or likely to create confusion.
6. Indemnity
The User agrees, at its own expense, to indemnify, defend and hold harmless JSFB, in connection with
the use of the UPI Services with reference to –
-
A violation of the Terms by the User.
-
Any deletions, additions, insertions or alterations to, or any unauthorised use of, the UPI Services
by the User.
-
Any misrepresentation or breach of representation or warranty made by the User contained herein.
-
Any breach of any covenant or obligation to be performed by the User hereunder.
- The User agrees to pay any and all costs, damages and expenses, including, but not limited to,
reasonable attorneys’ fees and costs awarded against it or otherwise incurred by or in connection with
or arising from any such claim, suit, and action or proceeding attributable to any such claim.
This obligation shall survives termination of these Terms for any reason.
7. Termination
- UPI Services will automatically terminate if the User’s Loan account linked to JSFB is closed.
- Notwithstanding anything herein to the contrary, JSFB reserves the absolute discretion to suspend
or terminate the UPI Services and / or right of access to UPI the Web based QR Loan repayment services
for any reason and at any time with notifying the User and without any liability.
- Any termination by JSFB under these Terms and Conditions will not affect any of the obligations of
the User under this Agreement which have arisen before the effective date of such termination.
- Upon termination for any reason, all rights granted by JSFB with respect to the App shall
immediately cease and the User agrees to delete the App from any device on which the App has been
installed including all components of the App in the possession or control of the User.
8. General Conditions
- The laws of India shall govern these Terms and Conditions and the usage of UPI Services / UPI Website
based QR code Loan repayment services by the User and any legal action or proceeding pertaining to UPI
Services / UPI Website based QR code Loan repayment services or arising out of these Terms and
Conditions shall be brought in the competent courts, tribunals or any other appropriate forum in
Bengaluru, India. JSFB Bank accepts no liability whatsoever, direct or indirect for non-compliance with
the Laws of any country other than that of India.
- JSFB may, however, in its absolute discretion commence any legal action or proceedings arising out
of these Terms in any other court, tribunal or other appropriate forum, and the User hereby consents
to that jurisdiction.
- The headings in the clauses of these Terms and Conditions are only for convenience and do not affect
the meaning of the relative clause.
- User hereby agrees and consents that he / she shall not post, distribute, or reproduce in any way
any copyrighted material, trademarks, or other proprietary information belonging to JSFB.
- JSFB reserves the right to disclose any information as necessary to satisfy any law, regulation or
governmental request.
Disclaimer
The User is advised to carefully read and understand these Terms and Conditions before using the Website
based QR code Loan repayment services. By using the Website based QR code Loan repayment services, the
User will be deemed to have read, understood and accepted the Terms and Conditions, mentioned herein below
and will be bound by these Terms and Conditions, as amended from time to time, as displayed on JSFB /NPCI
website and the continued use of the Website based QR code Loan repayment services UPI constitutes
acceptance by the User of any such amendment. Usage of UPI services via Website based QR code Loan
repayment services by the User shall be further subject to UPI guidelines issued by JSFBNPCI and other
regulatory from time to time.