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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 www.citruspay.com, or any other service or mobile application as may be launched by PayU Payments Private Limited using the brand name Citrus.
1.3 Your access to and use of the website of PayU and/or the Citrus Account services powered by PayU are conditional upon your acceptance of and continuous compliance with these T&C at all times. By accessing, browsing and/or using the website of PayU 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 Citrus Account services being provided by PayU (“Policies”), as may be modified by PayU from time to time, which shall be deemed to be incorporated in these T&C by reference, unconditionally and at all times. PayU 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 website of PayU and/or Citrus 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 PayU website 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 PayU and immediately terminate your use of such services of PayU.
II. Registration of Citrus Account
2.1 The access to the website, mobile application, and/or other services under the brand “Citrus” by PayU 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 website of PayU and/or the services offered by PayU (“User”/ “you”/ “your”). Any person using the website of PayU and/or the services offered by PayU on behalf of a proprietor/ partnership/ firm/ company, represents and warrants that it is duly authorised 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 PayU (“Citrus Account”) in relation to the services offered by PayU to you on its website, mobile application or on third party merchant (“Partner Merchant”) websites, mobile applications or merchant stores, where PayU is providing the payment gateway facility and other related services.
2.3 In order to register, create and use a Citrus Account, PayU may require that you submit to it certain personal information, including but not limited to your name, mobile number, e-mail address, date of birth, and permanent account number (PAN), 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 Citrus 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 Citrus Account.
2.5 You agree to (a) immediately notify PayU of any unauthorized use of your password or the Citrus Account or any other breach of security, and (b) ensure that you exit from your Citrus Account at the end of each session. It is hereby clarified that PayU 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 Citrus Account. In the event of any dispute between two or more parties as to ownership of a particular Citrus Account, you agree that PayU will be the sole arbiter of such dispute, at its sole discretion and that PayU’s 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 PayU 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, PayU has the right to suspend or terminate your account created on the website of PayU and refuse any and/or all use, either present or future, of the services of PayU or any portion thereof.
2.8 You hereby agree that the Personal Information provided by you to PayU at the time of registration on the website of PayU shall be collected, stored and used by PayU for the purpose of providing you an efficient access to the website, mobile application of PayU and/or the services of PayU.
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 Partner Merchant website. Please note that your information, including Personal Information, is readily available on the website of PayU and only viewable by you by logging on to the website.
2.10 It may be noted that PayU 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 PayU is sensitive towards your information, including your Personal Information and non-personal information provided at the time of registration on the website of PayU.
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 website of PayU and otherwise withdraw your consent by communicating the same to PayU in the manner stipulated in the these T&C and the Policies of PayU. Upon withdrawal, PayU will have no obligations towards you nor will it be liable in relation to any services offered by PayU during the time you had consented to retain the information with PayU.
2.14 Please note that if you opt out from providing Personal Information or other information requested by PayU, you may not be able to access certain areas of the website of PayU and/or create a Citrus Account.
2.15 You hereby authorise PayU to request for supplemental information/documentation, at any time, in order to verify that the information provided by you is accurate and complete. Citrus may, also request for additional information to be in conformity with know your customer (KYC) requirements as per applicable laws.
III. Services covered under Citrus Account
3.1 You are eligible to avail the following services offered by PayU on its website, mobile application or on Partner Merchant websites, mobile applications or stores:
a.) Linking/Saving Payment instruments/accounts
b.)Holding a Citrus Wallet balance
d.)Transfer & Requesting Money
3.2 The fees & charges are as provided below:
IV. User’s obligation and covenants
4.1 You accept full responsibility for wrongful use of your Citrus Account which is in contravention of these T&C’s. It is hereby clarified that you shall indemnify PayU for any loss, damage, interest or any other financial charges that PayU 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 Citrus 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 PayU. In the event you log in to your Citrus Account from a different device, you will be asked to allow PayU 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 Citrus 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 PayU, not with any third party (including, but not limited to, Apple®, Google®, any mobile carrier, or any Partner Merchant) and that PayU 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. Partner 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 PayU 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 PayU or a Partner Merchant or a payment system provider from time to time.
4.7 You hereby authorise PayU 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 the Partner Merchant and your Citrus Account, to process each payment transaction that you authorize. Your authorization will remain in full force and effect until your Citrus Account is closed or terminated.
4.8 You hereby agree and acknowledge that PayU has agreed to provide you the services at your risk and request and that you will be liable for all transactions made through your Citrus Account and for all related charges.
4.9 If you have a dispute with one or more Citrus Account users or Partner Merchants relating to payment, PayU is not responsible for any such dispute and you hereby release PayU, 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 Citrus Account, using the UPI services or any other Citrus Account Service and you hereby authorize PayU to forward to your bank, your request to debit your linked bank account when you undertake a payment/transfer through the Citrus 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 acknowledge and agree that PayU has no connection or interest of whatsoever nature in the business of the Partner Merchants and PayU does not in any manner take part in the business of the Partner Merchant, directly or indirectly and is not responsible for the products/services provided by the Partner Merchant and PayU is in no manner acting as an agent of either the Partner Merchant and the transaction between the User and the Partner Merchant will be governed under separate terms and conditions specified by the Partner Merchant.
4.12 You hereby confirm that you have no objection to receive promotional offers, deals, marketing material, promotional material and any other form of communications from PayU and the Partner Merchant.
4.13 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
4.14 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 Citrus 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. PayU’s rights
5.1 PayU reserves the absolute discretion and liberty to decline or honor the authorization request on the Citrus Account without assigning any reason thereof.
5.2 PayU 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 PayU.
5.3 PayU 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 PayU. PayU has no liability or responsibility for your use of these third party services.
5.4 PayU will employ its best efforts in carrying out the transactions through your Citrus 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 Citrus Account/ software of PayU, PayU shall use its best endeavours 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, PayU will credit such your Citrus 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 PayU to debit such extra funds from your Citrus Account.
5.6 In the event, you erroneously send a payment to a wrong party or sends a payment for a wrong amount, PayU 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. PayU will not refund or reverse a payment erroneously made by you.
5.7 PayU may at its sole discretion withdraw or suspend any services or amend any of its features without notice to you.
5.8 PayU 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 Citrus Account is not authorized or the transaction appears not genuine or unclear or such as to raise a doubt.
5.9 PayU, 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 PayU 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 PayU.
5.10 PayU 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 PayU website. Your sole right to terminate these T&C’s and the Policies is by deleting your Citrus Account.
VI. Closure of Citrus Account
6.1 Your Citrus Account will automatically expire if no transactions have been executed in your Citrus Account for last 12 months.
6.2 30 days prior to the expiration of your account, PayU will intimate you through your registered e-mail and / or SMS to your registered mobile number regarding the expiry of your Citrus 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 Citrus Account.
6.4 If no response is received within 30 days of the first reminder, any Amount Available (defined below) in your Citrus Account shall be forfeited to PayU. PayU reserves the right to recognize the forfeited amount as income in the books of account.
6.5 If your Citrus 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 Citrus Account is under suspension and is the subject of an investigation by PayU – 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 PayU 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 Citrus Account Services, softwares, 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 PayU as the owner of such domain name.
It is hereby clarified that the Services to a User through the Citrus Account Services are provided on an ‘as is’ and ‘as available’ basis, without any representations and warranties, express or implied by PayU. PayU does not make any representations pertaining to the information, content, products or services included on or otherwise made available to a User through Citrus Account Services. PayU 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 PayU. The arbitration proceedings shall be held in English language at Mumbai. The courts at Mumbai 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 PayU Payments Private Limited, 4th Floor, Pearl Tower, Plot No 51, Institutional Area, Sector 32, Gurgaon-122001, Haryana, India , if to PayU, if to User, it shall be to the address registered with PayU.