Policy

Terms and Conditions

Users of Bharuwa ‘s Powered PPI or this website www.bharuwasolutions.com are requested to read the Terms & Conditions carefully before registering, accessing, browsing, downloading, or using anything from the said website or its applications. By accessing or using Bharuwa Solutions, the said website, or its applications or by using the services listed in the said website or its applications, the user agrees to be bound by the Terms & Conditions including any additional guidelines and future modifications.

If at any time you do not agree to the Terms & Conditions or do not wish to be bound by the Terms & Conditions, you may not access or use this website and you may delete your identification details, if any, created on this website and immediately terminate your use of the Services or this website.

If you proceed to use this website or any services through this website, you are duly notified about and you agree to the following:

A. NOTIFICATION

  1. www.bharuwasolutions.com (hereinafter referred to as "Site ") is a website owned by Bharuwa Solutions Private Limited (hereinafter referred to as "BSPL") a company incorporated under the provisions of the (Indian) Companies Act.
  2. BSPL is in the business of technology-enabled payment services and has an authorized payment and settlement system under the Payment and Settlement Systems Act, 2007, inter alia a PPI service with the Brand name 'Bharuwa`s Different App' which enables retail payments (hereinafter referred to as "'Bharuwa`s Different App' ") which includes PPI, Gift PPI and reloadable PPI.
  3. 'Bharuwa`s Different App' is also the registered brand name of BSPL for the semi-closed e-PPI service/prepaid service offered by BSPL as per the applicable norms of the Reserve Bank of India.
  4. The Terms & Conditions are an electronic record in accordance with the (Indian) Information Technology Act, 2000.
  5. The Terms & Conditions are generated by a computer system and do not require any physical or digital signatures.
  6. The Terms & Conditions are published in compliance with, and are governed by the provisions of the applicable Indian laws, the rules, regulations, guidelines, and clarifications framed thereunder, including but not limited to: (a) The Indian Contract Act, 1872; (b) The Information Technology Act, 2000; (c) The Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011; and (d) The Information Technology (Intermediaries Guidelines) Rules, 2011.
  7. Acceptance of the Terms & Conditions shall constitute a valid and binding legal agreement between BSPL and yourself the User (hereinafter, where the context so requires, "you" or "User" are referred to interchangeably).
  8. BSPL reserves the right to modify the Terms & Conditions, disclaimers, privacy policies, and other policies applicable in general and/or to specific areas of this Site or a particular service, that is also considered as Terms & Conditions, at any time without giving you any prior notice, and such changes shall be binding on you.
  9. Your use of this Site post, any such modification shall be treated as your acceptance to follow the modified Terms & Conditions as applicable.
  10. All additional terms, disclaimers, privacy policies, and other policies applicable in general and/or to specific areas of this Site or a particular service are also considered as part of these Terms & Conditions unless specifically provided for.
  11. You acknowledge that you will be bound by these Terms & Conditions for availing of any of the services offered by us.
  12. Your access to the use of the Site will be solely at the discretion of BSPL which can be denied at any point of time without any intimation to you.
  13. The services offered by this Site are not available to persons under the age of 18 (Eighteen) or to anyone previously suspended or removed from the use of this Site by BSPL.
  14. You shall not impersonate any person or entity or falsely state or otherwise misrepresent age, identity, or affiliation with any person or entity.
  15. You shall re-visit the "Terms & Conditions" link from time to time to stay abreast of any changes that the Site may introduce. We shall be happy to answer your queries if you have any questions or concerns about these Terms & Conditions (contained hereinabove or hereafter), please write to us at the below mail id.

Email: www.bharuwasolutions.com

B. USER'S APPROVAL OF THE TERMS AND CONDITIONS

  1. You confirm to have carefully read, understood, and agree to be bound by these Terms & Conditions, as may be modified by BSPL from time to time.
  2. You confirm that these Terms & Conditions are deemed to be accepted if (a) you are using this Site or (b) if you are using any of the services offered through this Site. Further, you understand and agree that BSPL will treat your use of this Site as acceptance of the Terms & Conditions from that point onwards.
  3. Certain services on this Site may have additional terms (such as policies, guidelines, and rules) that will further govern your use of that particular service and supplement these Terms & Conditions. If you choose to register for or access any such services, you will be presented with the relevant additional terms and conditions at that time. By using those services, you agree to comply with such additional guidelines and rules.

C. USER ELIGIBILITY

  1. You are of legal age (at least 18 years) and have the right, authority, and capacity to form a binding contract with BSPL.
  2. You are not a person suspended, removed, or barred from using the Site or for receiving the services under the Indian laws or other countries including the country in which you are resident or from which you use the Site.
  3. Eligibility for use of the Site shall be subject to applicable enrolment formalities of BSPL and also subject to BSPL's KYC policy applicable from time to time.
  4. BSPL has the right to deny your application for enrolment for your use of this Site without assigning any reason whatsoever.
  5. Customers are required to disclose their Name, Mobile Number & Date of Birth while enrolling as PPI customers. However, those who wish to become full KYC customers to enjoy a higher transaction limit shall send or upload their clear copy of KYC documents on the web portal.
  6. Minimum KYC PPI customers can load up to Rs 10,000 (Rupees Ten thousand only) within any given month.
  7. Full KYC PPI customers can load up to Rs 2,00,000/ (Rupees Two Lakh only). However, the balance shall not exceed Rs 2,00,000/ at any point in time.
  8. The above limit for point no 6&7 is subject to change as per the RBI norms if any in the future.

D. SERVICES & VALIDITY

  1. BSPL through the Site offers a convenient and secure way to make payments towards identified Merchants (Billers, Service Providers, Sellers/ Providers of Goods and Services, or such other merchants). To use the Site for the services mentioned aforesaid, your PPI shall be valid and active, and in existence.
  2. Further, services mentioned in these Terms & Conditions means services aforementioned or such services enlisted by BSPL on its Site from time to time, including the services regarding semi-closed PPI or such other services, which may be added from time to time that provide for payment solutions (all such services are individually or collectively referred to as "Service" or "Services" as the case may be).
  3. Services through our Site can be used only by you subject to your adherence with the Terms & Conditions outlined in this Terms & Conditions and subject to guidelines issued by RBI/ statutory/ other authorities and their related policies from time to time.
  4. Service Fees: These fees are not refundable and are subject to change from time to time.
    a) Charges for other services will be levied to the PPI, at prevailing rates.
    b) Transaction fees & fees for PIN reset, PPI lost and new PPI in lieu, closure charges, etc wherever applicable, will be debited to the PPI at the time of posting debit entry of the transaction amount or at end of the day.
    c) The charges/fees applicable on the usage of the PPI may be revised/changed by BSPL from time to time without prior intimation to the Cardholder(s).
    d) Any charges/fees appearing in these terms and conditions do not include GST and or any other cess/taxes as applicable from time to time.
    e) As per the current organizational policy the un-used amount in the in-active “ PPIs or pre-paid payment instruments will not be forfeited till a certain period of time.

VALIDITY & CARDHOLDER’S OBLIGATION:

The PPI (reloadable & gift PPI) is valid for 3 to 7 years from the date of issuance.

  1. BSPL shall intimate the customer or cardholder at reasonable intervals through email/SMS during the 45 days period prior to the expiry of the validity of the 'Bharuwa`s Different App' prepaid instrument.
  2. 'Bharuwa’ PPIs that are not accessed by the customer for 1 year or more will be classified as inactive post intimation to the customer through e-mail/SMS. Any unutilized amount lying in such inactive PPI accounts after 1 year of inactivity, will stand forfeited at the discretion of the 'Bharuwa`s Different App' issuer in accordance with the RBI guidelines. Inactive customers will be intimated at least one month in advance and repeated SMS will be sent till the final forfeiture of the amount.
  3. BSPL shall at its discretion transfer the unused balance in the PPI to its P&L account, 3 years after the expiry of the validity of that instrument.
  4. The issue and use of the PPI shall be subject to the rules and regulations in force from time to time as issued by Bharuwa Solutions & or by the Reserve Bank of India and other Regulators from time to time.
  5. The issue and use shall also be governed by the terms and conditions contained herein and as amended from time to time.
  6. PPI shall be valid only for transaction options, as permitted by the organization from time to time in India, at POS, Payment Gateway.
  7. PPI will be at all times the property of Bharuwa Solutions Pvt. Ltd and shall be returned to it unconditionally and immediately upon its request.
  8. The PPI is non-transferable and/or non-assignable by the Cardholder under any circumstances.
  9. A written record of the PIN should not be kept in any form, place, or manner that may facilitate its misuse by a third party.
  10. The PIN should not be disclosed to any third party, either to the staff of the bank or to Merchant Establishments under any circumstances or by any means whether voluntary or otherwise.
  11. The Cardholder’s PPI will be debited immediately with the amount of the /spent, transferred, and other transactions effected by the use of the PPI.
  12. Sometimes the transaction amount and/or tips, surcharge, or exceptional transaction amount would be debited to your account subsequently / at a later date.
  13. The Cardholder will ensure that he has sufficient balance on the PPI to meet any such transaction.
  14. The Cardholder shall not be entitled to withdraw funds by the use of the PPI in any way through ATMs or any other source available.
  15. Once the transaction (Add money or Load money) is initiated by the customer is successful, then neither the said transaction can be cancelled, nor the transaction amount can be reversed to the cardholder. However, a full KYC customer can separately initiate fund withdrawal (send money) in favour of a pre-registered beneficiary account registered for the same purpose as per the guidelines of RBI.
  16. In case of such pre-registered beneficiaries, the fund transfer limit shall not exceed Rs.2,00,000/- per month per beneficiary. PPI issuers shall have the right to set the limits within this ceiling taking into account the risk profile of the PPI holders, other operational risks, etc.
  17. The Cardholder will have an option to close the PPI at any time and the outstanding balance, at the time of closure, can be transferred at the request of the Cardholder to his/her ‘own bank account’ (duly verified by the BSPL), after complying with KYC requirements of the Cardholder. The Cardholder also will be allowed to transfer the funds ‘back to source’ (payment source from where the PPI was loaded) at the time of closure. This feature is not available for Gift PPI customers. A Gift cardholder cannot avail the feature of PPI balance transfer to any other beneficiary nor can claim for refund of the balance amount.
  18. The Cardholder will be responsible for transactions effected by the use of the PPI whether authorized by the Cardholder or not and shall indemnify BSPL against any loss or damage caused by any unauthorized use of any type of the PPI or PPI, including any penal action arising therefrom on account of any violation of RBI guidelines or any other law being in force in India and/or state continent/territory law being in force in India.
  19. You are requested to note that the PPI is valid till the last day of the month and year indicated on the front side of the PPI. You hereby undertake to destroy the PPI when it expires/is closed by cutting it into 4 pieces through the magnetic strip.
  20. BSPL reserves the sole right to renew your PPI account on expiry.
  21. The Cardholder will inform the BSPL helpdesk of any irregularities or discrepancies that exist in the transaction details at merchant establishment / online transactions within 7 days of the transaction being processed. If no such notice is received during this time, BSPL will assume the correctness of the transaction. EDC terminals are machines and errors could occur while in operation.
  22. You confirm that you shall exercise your discretion while using any Services with respect to its cost, utility, or quality/durability of services/products purchased by using the Services. Further, you understand that BSPL shall not be responsible for any of your activities unless specifically agreed by it in writing.
  23. All disputes are subject to the exclusive jurisdiction of the courts of Haridwar in India.

E. CARE TO BE TAKEN WHILE USING BHARUWA PPI/SERVICES

  1. BSPL, through the Site only provides a mechanism for payment and you are informed and agree to the following:
    a) BSPL does not assume any liability on behalf of the party to which you have made any payments.
    b) BSPL does not have any liability to return the amount paid/ payments made by you.
    c) BSPL does not assume any product liability risk or liability towards the quality of the goods purchased or services availed from the third party through the PPI or Prepaid Payment Instruments; and
    d) BSPL does not assume any liability in case of compromise of the password of the Site or the PPI or Prepaid Payment Instruments pin or the 'Bharuwa`s Different App' credentials by you.
  2. Hence due to the aforesaid reasons you are requested to take adequate care while using the Site or Services.
  3. You agree that you discharge BSPL from any liability towards any wrong or mistaken payments made by you or loss suffered due to negligence or lack of care while using the Site or Services.
  4. In order to use the Site/Service, you may need to obtain access to the World Wide Web, through devices that access web-based content and pay any.
  5. In addition you have all equipment necessary to make such connection to the world wide web including a computer and modem or other access devices and pay any service fees associated with such services.

F. EMAIL/MOBILE ALERTS

  1. Email/Mobile alerts shall be made as per BSPL’s policy on the same, which will be subject to the applicable norms.
  2. BSPL would make the aforesaid alerts to the email addresses or phone no given by you. BSPL shall not be responsible for any delay/failure of such emails or SMS.
  3. BSPL shall not be responsible for any failure of communication in case, you do not update your mobile no or email address with BSPL.

G. PROHIBITED CONDUCT

By using the services you agree that you shall not:

  1. Use the site or any other services for spamming or any other illegal purposes.
  2. Infringe BSPL’s or any third party’s intellectual property rights, rights of publicity, or privacy.
  3. Post or transmit any message which is libellous, defamatory, or which discloses private or personal matters concerning any person.
  4. Post or transmit any message, data, image, or program which violates the Law.
  5. Refuse to cooperate in any investigation or provide confirmation of your identity or any other information you provide to BSPL.
  6. Remove, circumvent, disable, damage, or otherwise interfere with security-related features of the Services and this Site or features that enforce limitations on the use of the Services.
  7. Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Services or any part thereof.
  8. Use the Services in any manner that could damage, disable, overburden, or impair it, including, without limitation, using the Services in an automated manner.
  9. Modify, adapt, translate or create derivative works based upon the Services and this Site or any part thereof.
  10. Intentionally interfere with or damage operation of the Services or any other user's enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code or file with contaminating or destructive features.
  11. Use any robot, spider, other automatic device, or manual process to monitor or copy this Site without prior written permission.
  12. Interfere or disrupt this Site or networks connected to this Site.
  13. Take any action that imposes an unreasonably or disproportionately large load on our infrastructure/ network.
  14. Use any device, software, or routine to bypass this Site's robot exclusion headers, or interfere or attempt to interfere, with the Services.
  15. Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our Site or to manipulate your presence on our Site.
  16. Sell/ sub-license the Services, information, or software associated with or derived from it.
  17. Use the facilities and capabilities of this Site to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others.
  18. Breach these Terms & Conditions or any other BSPL policy.
  19. Provide false, inaccurate, or misleading information.
  20. Use this Site to collect or obtain personal information, including without limitation, financial information about other users of this Site.

H. THIRD-PARTY LINKS & INFORMATION ON BSPL SITE

  1. Some information appearing on the Site is provided to BSPL by third parties. BSPL will have no liability in respect of any loss or damage arising from third-party information, including the manner in which the information is displayed or the way in which it is interpreted by you or any third parties.
  2. You have the option not to use any Third-Party services or links hence you shall be responsible for the choice which you have made while using such web links.
  3. Using third-party links to sites may make you agree to their site's Terms & Conditions.
  4. You shall not post links to third-party sites or use their logo, company name, etc. without their prior written permission.
  5. BSPL does not have any responsibility or obligation because of your use of third-party links. Such usage at all times shall be at your sole and exclusive discretion and responsibility.
  6. BSPL is not an agent for any of the Merchants listed on this Site and BSPL has no responsibility for and no liability whatsoever in respect of the conduct of a Merchant or for the quality of the services/products of the Merchant.

I. NO WARRANTIES

  1. BSPL and its officers, employees, agents, and contractors give or make no representation or warranty (either express or implied) as to the suitability of the Service or this Site or its contents for any purpose or the completeness, accuracy, reliability, security or availability of the Service or this Site or its contents; nor do they accept any responsibility arising in any way (including from negligence) for errors in, or omissions from, the Service or this Site.
  2. BSPL disclaims all warranties whether express or implied, including but not limited to:
    a) That this Site will always function without disruptions, delays, or errors. A number of factors may impact the quality of your communications and use of the Site and may result in the failure of your communications including but not limited to your local network, firewall, your internet service provider, the public internet, thepublic switched mobile network, private switched mobile networks, and your power supply. BSPL has no responsibility for any disruption, interruption, or delaycaused by any failure of or inadequacy in any of these items or any other items over which they have no control
    b) User ability to use the Service through the Site
    c) User satisfaction with the Service or the Site
    d) Security and privacy of User data
    e) That bugs or errors in the Service and/or the Site will be corrected
  3. That the Services will be compatible with all broadband services and modems and BSPL disclaims any express or implied warranties regarding the compatibility of the Service with any particular broadband service or modem.
  4. Makes no express or implied representations or warranties about the Services or the Site and disclaims any implied warranties, including, but not limited to, warranties or implied warranties of merchantability or fitness for a particular purpose or use or non-infringement. We do not authorize anyone to make a warranty on our behalf and you may not rely on any statement of warranty as a warranty by BSPL.
  5. That BSPL team furnishing Services to you in connection with this Terms & Conditions or the Service will not be liable for any act or omission in relation to the Site.
  6. You may receive messages that educate you and provide information to you on the 'Bharuwa`s Different App' services and related terms and conditions.
  7. You confirm that you allow 'Bharuwa`s Different App' to make available to you, relevant Deals and Offers, and you agree to receive SMS on your registered mobile number and in- App messages informing you of such Deals, Offers, and other notifications.

J. LIMITATION OF LIABILITY

  1. Your sole and exclusive remedy for any disputes with BSPL is the suspension of the User's account with BSPL.
  2. In no event shall BSPL's total cumulative liability to you for any and all claims relating to or arising out of your use of this Site, regardless of the form of action, exceed INR 100/- (Indian Rupees One Hundred only) or the actual loss whichever is less.
  3. All dealings and communication arising from BSPL's facilitation of interaction between any Merchant and User will be between the Merchant and User only and BSPL is not responsible in any manner for any communication between the User and the Merchant and has no liability in respect of such dealings whatsoever.

K. INDEMNIFICATION

  1. In no event shall BSPL be liable to you (or to any third party claiming under or through the User) for any indirect, special, incidental, consequential, or exemplary damages arising from the use of, or inability to use, the Site. These exclusions apply to any claims for lost profits, lost data, loss of goodwill, work stoppage, computer failure or malfunction, or any other commercial damages or losses, even if BSPL knew or should have known of the possibility of such damages.
  2. You agree to defend, indemnify and hold BSPL, and parties/persons acting under it harmless from and against (a) any claims, actions, demands, liabilities, judgments, and settlements, including without limitation, reasonable legal fees resulting from or alleged to result from your use of this Site, (b) any loss, costs, damages, expenses, and liability caused by the use of this Site, the User violation of these Terms & Conditions, or your violation of any rights of a third party through the use of this Site and (c) any indirect, special, incidental, remote, punitive, exemplary or consequential damages arising out of any of your act or omissions related to these Terms & Conditions.

K. PRIVACY

  1. BSPL treats and protects the personal data of the User when using the Services. By using the Services, the User agrees that BSPL can use such data in accordance with its policies.
  2. The User agrees and understands that the User is responsible for maintaining the confidentiality of passwords associated with any account and to access the Services and that the User shall be solely responsible to BSPL for all activities that occur under the user account.
  3. In case of any unauthorized use of the User password or the User account, on becoming aware, the User agrees to immediately notify BSPL at Help@bharuwasolutions.com

M. INTELLECTUAL PROPERTY PROTECTION

  1. BSPL owns all its trademarks, brands and service marks used in conjunction with the Services offered by BSPL, including the copyrights and database rights in the Services. Without the express consent of BSPL, the User may not publish, distribute, extract or reproduce any contents provided by the Service. For use of any third party's intellectual property, the User needs to get permission directly from the owner of the intellectual property for any use. Third-party trademarks may appear on this Site and all rights therein are reserved to the registered owners of those trademarks.
  2. The User acknowledges that any intellectual property, which is not specifically mentioned to be owned by BSPL, is owned by their respective owners and the owners have a right to take appropriate actions against the User for any violation, infringement, and passing off.
  3. At all times the User is governed by and subject to laws regarding copyright, trademark, patent, and trade secret ownership and use of the intellectual property. The User agrees not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any party's copyrights, trademarks, patents, trade secrets, or other intellectual property or proprietary rights. The User agrees to abide by laws regarding copyright, trademark, patent, and trade secret ownership and use of the intellectual property and shall be solely responsible for any violations of any laws and any infringements of any intellectual property rights caused by the use of the Site.

N. GOVERNING LAW AND DISPUTE RESOLUTION

  1. Except as otherwise described, all content availed by the use of this Site are made available only to facilitate the Users. BSPL makes no representation that the contents and Services are appropriate or available for use in other locations. If the User uses the Services from a location other than the location where this site and Services are controlled and operated, the User shall be responsible for compliance with applicable local laws.
  2. These Terms & Conditions shall be governed by and shall be construed in accordance with the laws of India. All disputes relating to the Terms & Conditions shall be settled in the Courts located in the city of Mumbai, India.
  3. You agree that any cause of action arising out of your use of the Service or Site must be commenced within 6 (Six) months after the cause of action accrues or you become aware of the facts giving rise to the cause of action, whichever is later. Otherwise, such cause of action is permanently barred.
  4. Where any legislation implies any term, condition, representation, or warranty into the Terms & Conditions or the privacy policy and that legislation prohibits exclusion of that term, condition, representation or warranty, then that term, condition, representation or warranty is included.
  5. Subject to the aforesaid, any disputes shall be resolved by Arbitration through a sole Arbitrator appointed by BSPL. The place of Arbitration shall be in Mumbai and the language of Arbitration shall be English.