Terms and conditions

This document is an electronic record in terms of Information Technology Act, 2000, amendments thereof from time to time and the rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

 

Please read the terms and conditions carefully before registering, accessing or using the clubtyl Services

(defined below). The terms and conditions are legal contract (“Agreement”) between You and CLUBTYL  (“CLUBTYL”) having its registered office at CHATTISGARH, India. You agree and acknowledge that you have read the terms and conditions set forth below. If you do not agree to these terms and conditions or do not wish to be bound by these terms and conditions, you may not use the Services and/or immediately terminate the Services and/or uninstall the mobile application.

 

We may amend the terms and conditions at any time by posting an updated version at CLUBTYL website(s) and CLUBTYL App(s). The updated version of the Terms of Service shall take effect

immediately upon posting. It is Your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of CLUBTYL App following the posting of changes will mean that You accept and agree to the revisions including additional Terms or removal of portions of these Terms, modifications etc. As long as You comply with these Terms of Use, We grant You a personal, nonexclusive, non-transferable, limited privilege to enter and avail the Services.

 

USING CLUBTYL APP INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by CLUBTYL and CLUBTYL Entity Policies (including but not limited to Privacy Policy) available on the CLUBTYL website(s) and CLUBTYL App(s) as amended from time to time.

 

 

Definition

“We”, “Us”, “Our” – shall refer to CLUBTYL and CLUBTYL Entities.

 

“You”, “Yours”, “Yourself”, “CLUBTYL User” – refers to any non-registered individual or corporate body, registered user of CLUBTYL and CLUBTYL Entities, including but not limited to CLUBTYL customers or Merchants.

“CLUBTYL App” – The mobile application(s), hosted by CLUBTYL and CLUBTYL Entities for providing CLUBTYL services to its users, including merchants and service providers and also includes any and all Services where it acts as an Intermediary .

 

“CLUBTYL Website” – Shall refer to Clubtyl.com, which is registered by CLUBTYL and used as a medium to communicate and inform users of services provided by CLUBTYL and CLUBTYL Entities, not limiting to its features, terms and conditions, Our contact details.

 

“CLUBTYL Entities” – shall mean group, affiliates, associates and subsidiaries of CLUBTYL.

 

‘CLUBTYL Platform” – Refers to any platform owned/subscribed/used by CLUBTYL Private Limited or any other CLUBTYL Entities not limited to websites, mobile applications, devices, URLs/links, notifications, chatbot, or any other communication medium used by CLUBTYL Entities to provide its services to its Users.

 

“CLUBTYL Services” – shall include all services extended / to be extended by CLUBTYL and CLUBTYL entity as a group including but not limited to Pre-Paid Instruments, Gift cards, Payment Gateway, Recharges and Bill Payments, Insurance, Mutual Funds, Gold sale & purchase, switch interface/ access including others.

 

“Service Providers” – Refers to any individual, group of individuals defined under law whose services are used by CLUBTYL or CLUBTYL Entities in order to provide the intended Services to You through CLUBTYL Platform.

 

“Business Partners” – Shall refer to any individual, group of individuals defined under law with whom

CLUBTYL or CLUBTYL Entities have a contractual relationship and not limited to Merchants, Advertisers,

Deal partners, Financial institutions, switch interface partners

 

“Participating Platforms / Merchant Partners” – Websites and Platforms that accepts permitted CLUBTYL Services to make a payment against products or services offered by such platforms.

 

“Terms of use”/”Terms and Conditions” – are interchangeably used and shall have the same meaning.

 

Eligibility

By accessing CLUBTYL Service and CLUBTYL Platforms, You represent that:-

 

You are 18 years of age or older;

You are capable of entering into a contract /legally binding agreement;

You have the right, authority and capability to enter into this Agreement abiding by all the provisions of the “terms of use” of CLUBTYL Services.

You are not barred or otherwise legally prohibited from accessing or using services of CLUBTYL or CLUBTYL Entities under the laws of India.

You are not impersonating any person or entity, or falsely stating your age or affiliation with any person or entity. ClUBTYL and CLUBTYL Entities shall reserve the right to terminate your contract to use CLUBTYL Platform in case of any incorrect representation of the above-mentioned conditions.

The mandatory Information and Officially valid document(s) “OVD”/ document details mentioned by you are true & correct and belong to You.

 

Terms of Service

 

CLUBTYL is a payment solution which facilitates payments and acts as such by creating, hosting, maintaining and providing Services to you via the Internet. CLUBTYL provides its Services to customers through ‘CLUBTYL mobile payments application (“CLUBTYL App”), which acts as a container for various payment instruments including but not limited to Wallet. Debit/Credit card, Unified Payment Interface (“ UPI”)and External Wallets (hereinafter collectively referred to as “Services”). CLUBTYL provides its Services to businesses by enabling them to accept payments and services from its customers for the products and/or services on their platform via CLUBTYL App.

 

Clubtyl facilitates payments and services in connection with online transactions for products or services concluded on and through the clubtyl App and website, or any third party merchant app, website, physical store or any individual both within and outside the clubtyl network.

 

By using the Services, you acknowledge and agree that clubtyl is not a bank and the Services should in no way be construed as the provision of banking services.

 

CLUBTYL Services

Clubtyl and clubtyl Entities provide services via clubtyl Platform. You further agree and acknowledge the terms of use of clubtyl Services provided on clubtyl Platform.

 

Clubtyl Account (“PA”) – clubtyl Account is the account that you create when you sign-up/register with clubtyl.

This account allows you to access clubtyl Platform, browse through theCLUBTYL Service, make payment using debit card, credit cards or net banking collectively known as (‘Payment Gateway Services’) to permissible merchants on clubtyl Platform or on Participating Platforms.

You can also avail Recharge & Bill Payment facility made available to CLUBTYL  Users under the Terms of Use of such Service.

You would need to register by providing additional information in order to make payment via Unified Payment Interface (“UPI”) and Pre-Paid Instruments (“PPI”) services to make payments to merchants using these modes of payments.

.

Allows you to store your card details within our secure PCI-DSS zone for use of transactions.

Allows you to share and maintain the Know Your Customer “KYC” details and information for underwriting purposes for other financial and non-financial products available on clubtyl App as Services illustrated below:

Recharge & Bill Payments (“RBP”)

Merchant Payments on CLUBTYL Platform (“Switch Merchants”)

Any other financial product/feature that is provided on CLUBTYL  or CLUBTYL  entities platform, subject to regulatory provisions and permitted by CLUBTYL.

.

Recharge & Bill Payments (“RBP”) ; enables You to pay Your bills or recharge Your account with listed service providers on CLUBTYL Platform.

Merchant Payments on  CLUBTYL   Platform (“Switch Merchants”) ; Our in-app service that enables You to access merchant websites/application within CLUBTYL  mobile application and use  CLUBTYL  or any other Payment Instruments provided by such merchants.

Stores

CLUBTYL  Checkout ;Enables merchants to offer Faster and Effortless Checkout in a simple and secure manner for consumers to improve the customer shopping experience online.

You further agree to  CLUBTYL  Privacy Policy as applicable for CLUBTYL  and  CLUBTYL   Entities.

In order to avail CLUBTYL Services, you need a mobile, internet or any other supported device that meets the compatibility requirements of accessing CLUBTYL app and CLUBTYL  website, which may change from time to time. CLUBTYL  may further release updates to its application and You are required to update the  CLUBTYL  app as and when available for you, in order to continue availing CLUBTYL  Services.

 

You agree that your mobile device, mobile service provider or any other services that you may avail from anybody to access CLUBTYL  Platform, may incur charges and you are solely responsible for such charges, terms of use, fees as per your agreement with the third party.

 

You understand that in order to provide CLUBTYL Services via the CLUBTYL  Platform, CLUBTYL  incurs various costs (including, but not limited to, cost with respect to operation and maintenance of infrastructure, facilitation of transaction(s)/payments via various modes), You thereby agree that CLUBTYL  may charge You a fee(s) (such as platform fee, convenience fee) which will be displayed upfront to you and which shall be over and above the value/amount of the respective transaction/bill payment being made by You.

 

 

Sign-Up / Registration

In order to use the full spectrum of CLUBTYL  Services, You need to register on the CLUBTYL  App and provide Us with accurate and complete information. You are also required to keep your accounts, KYC details and contact information complete and updated at all times.

 

Once you sign-up on CLUBTYL, you are entitled to a CLUBTYL  Account. You can also register with CLUBTYL  from any third party merchant platform subject to certain conditions and limitations available on CLUBTYL  website & application. Once registered with  CLUBTYL, certain services may ask you for additional information in order or avail such service and may involve creation of sub-accounts for availing such services.

 

The device on which You download CLUBTYL  App and  during registration, shall become Your registered device and device details shall be stored by us. The moment You log into your CLUBTYL  account from a different device using the CLUBTYL  app, You will be asked to allow  CLUBTYL  to send an SMS from the new device, after which the new device becomes the registered device. You will not be able to access your CLUBTYL  account using your previous device until you re-login and re-authorize yourself on that device.

 

Your conduct on Website(s) and Application(s)

In order to access CLUBTYL  Services, you are required to provide information about yourself as part of the signup process, or as part of your ability to use services provided by Us. You agree that any information you provide will always be accurate, correct, and up to date and some services may require you to share additional information which might include your personal information, personal sensitive information. Your information management shall be as per CLUBTYL  Privacy Policy .

 

You shall promptly inform  CLUBTYL  of any unauthorized usage of your CLUBTYL  Wallet or loss of mobile device and any other circumstances which may lead to unauthorized usage of your CLUBTYL 

Account. The responsibility of any transaction prior to intimation, will solely be on the registered User;

 

You understand that while availing services offered by Merchants and your payment to merchants using any of  CLUBTYL   Services (Prepaid CLUBTYL   Wallets, , Unified Payment Interface, Payment Gateway), you understand that we are not a party to the contract between you and the Merchant and act only as an Intermediary ( IT Act 2000). CLUBTYL does not endorse any advertiser or Merchant linked to its website or app. Furthermore,  CLUBTYL  is under no obligation to monitor the Merchant's service used by you; the Merchant alone will be responsible for all obligations under the contract including (without limitation) warranties or guarantees. Any dispute with or complaint against any Merchant must be directly resolved by you with the Merchant. It is clarified that  CLUBTYL  shall not be responsible or liable for any deficiency in goods and/or services purchased using  CLUBTYL  Wallet balance. You are instructed to satisfy yourself regarding the quality, quantity and fitness of any good and/or service before purchasing the same.

 

You agree that in case any amount is transferred erroneously by You to any Merchant, Participating Platforms or any other person, CLUBTYL  shall not be liable to refund such amount to You under any circumstances.

 

You further agree that Any web-link on the website to a third-party site is not an endorsement of that web-link. By using or browsing any such other web-link, you shall be subject to the terms and conditions in each such web-link.

 

You agree that if You provide any information that is incorrect, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is incorrect, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access  CLUBTYL  Platform and/or take necessary steps in accordance with applicable Law without any further notice.

 

You are responsible for maintaining the confidentiality of any login information and secure access credentials associated with your CLUBTYL  account. Accordingly, you are responsible for all activities that occur under your account/is using your secure credentials and CLUBTYL  shall not be liable for any such change or action performed by using your secure credentials on CLUBTYL  Platform.

 

Attempting to access CLUBTYL  Platform using any other means apart from ones provided by Us is strictly prohibited and shall be deemed unauthorized access, whether attempted or accessed through any automated, unethical or unconventional means. Further you should not directly or indirectly engage in any activity using device, software or any routine process that disrupts or interferes with our ability to service you or any other user(s) on CLUBTYL  Platform, including the servers and/or networks to which our resources are located or connected. You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by You, as explained above, and may incur criminal or civil liability.

 

You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual or digital process, to access, acquire, copy or monitor any portion of the CLUBTYL Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the CLUBTYL  Platform or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the CLUBTYL Platform.

 

You shall not probe, scan or test the vulnerability of the  CLUBTYL  Platform or any network connected to the Us, You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to CLUBTYL  Platform, or any other customer, including any account on the CLUBTYL  Platform not owned by You, or exploit the CLUBTYL  Platform or any CLUBTYL  Service or information made available or offered by or through the CLUBTYL  Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the CLUBTYL  Platform.

 

You further agree that –

In the event of any dispute,  CLUBTYL  records shall be binding as the conclusive evidence of the transactions carried out through use of  CLUBTYL  Services.

CLUBTYL  shall send all customer communications by SMS and/or email and they shall be deemed to have been received by You after they have been submitted for delivery to the SMS/email service providers.

Agree to receive all commercial messages including transactional messages from  CLUBTYL/ Merchant.

To use the CLUBTYL  Services in good faith and in compliance with all applicable laws and regulations.

You would be solely responsible for payment of any taxes, duties or other governmental levies or any financial charges that may be imposed on any products or services purchased or supplied by a Merchant or otherwise arising from online transactions.

Ensure that the CLUBTYL  Services are not used for transactions in foreign currency, unless permitted for any CLUBTYL  Service.

 

Single Sign On (SSO)

By registering and signing into  CLUBTYL  Account, We create an username and secure access credentials for You to access  CLUBTYL  services on CLUBTYL  Platform and other participating platforms. For convenience, CLUBTYL  creates Single Sign On Service (P-SSO), which helps you access   CLUBTYL  Services available on CLUBTYL  Platform and other participating platforms.

 

You understand that P-SSO will be used to register and access  CLUBTYL  Services and the credentials you share as part of the registration process would be owned and managed by CLUBTYL  and will be shared with  CLUBTYL  Entities upon Your request or simply by accessing any CLUBTYL  Services provided by them.

 

P-SSO, with your authorization can be used to access or register on the switch interface with “Switch Merchants”, However, your secure credentials would not be shared with any “Switch Merchants”. You can use your P-SSO in order to access your CLUBTYL  Account or pay using permissible CLUBTYL  Services on participating platforms without logging into your CLUBTYL  App.

 

You further agree that CLUBTYL  shall share some limited information provided by you except your secure access credentials to participating platforms as necessary for P-SSO login at participating platforms.

 

You shall not share the P-SSO credentials with any third party website, portal, person over any communication medium and you understand that your CLUBTYL  account can be misused due to unauthorized disclosure of P-SSO.

 

You hereby agree and acknowledge that in the event of non- compliance of the Terms of Use for usage and access to Single-Sign-On Services, CLUBTYL  has the right to terminate Your access or access usage limits on CLUBTYL  account and services without further notice.

 

 

Third Party terms and conditions

CLUBTYL  and CLUBTYL  Entities, may provide third party services via  CLUBTYL Platform. You understand that We do not own those services and you may need to accept their respective terms and conditions,one  may require to share additional information in order to avail such products/services provided by third parties on CLUBTYL  Platform  CLUBTYL  does not hold any Liability on the information collected from You by third party website or application and We cannot indemnify You for any third party actions.

 

 

Offers

CLUBTYL  or CLUBTYL Entities may invite you to participate in any offer from time to time. You agree that participating in such an offer is subject to your agreement to the respective offer terms and conditions. You also understand that the offers might be provided by third parties on CLUBTYL  Platforms and you may require to agree to respective terms and conditions of third parties. You further agree that offers provided to any user may vary from user to user.

 

CLUBTYL  reserves the right to disqualify You from any offer in case you do not meet the eligibility criteria for such an offer or any other reasons thereof including but not limited to misuse of offer, misrepresentation, fraud or suspicious transactions/activities, including but not limited to PMLA directives or any at our sole discretion without further notice.

 

 

Communication

CLUBTYL  and  CLUBTYL  entities may communicate with you on the contact information that you may have provided to Us during the course of your engagement, including but not limited to signup, transacting or availing any third party products or services on CLUBTYL  Platform.

 

We will send you communication alerts via emails or SMS or push notifications or via other progressive technology. You also agree that there can be disruption in communications due to factors that are not under Our control, including but not limited to Your Phone being switched off, incorrect email address, network interruptions. You agree not to hold CLUBTYL  liable for non-delivery for any alert or any loss suffered by you due to delay, distortion or failure of communication.

 

You further acknowledge that you are responsible for the contact details shared with Us and shall update us on any change on your contact details. You authorize Us to contact you and communicate with you for any CLUBTYL  Service or Offer(s). We may use third party service providers to send alerts or communicate with you. You authorize CLUBTYL  and CLUBTYL  Entities to override the DND settings to reach out to you over calls, SMS, emails and any other mode of communication

 

 

Intellectual Property Rights

Intellectual Property Rights for the purpose of this Terms of Use shall always mean and include 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   CLUBTYL  or  CLUBTYL   entities as the owner of such domain name. The Parties hereto agree and confirm that no part of any Intellectual Property rights mentioned hereinabove is transferred in the name of User and any intellectual property rights arising as a result of these presents shall also be in the absolute ownership, possession and Our control or control of its licensors, as the case may be.

 

All material on this  CLUBTYL  website and mobile application, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights of  CLUBTYL ,  CLUBTYL Entities or Business Partners. Material on Website is solely for Your personal, noncommercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other platform or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited.

 

 

Use of Group Companies:

You understand and agree that CLUBTYL  and  CLUBTYL  Entities reserve the right to use the services of themselves to provide any of the mentioned  CLUBTYL  Services to you within  CLUBTYL  Platforms.

 

 

Termination

You agree that CLUBTYL  at its sole discretion may terminate your contract without prior notice and restrict your access to CLUBTYL  application if We determine that You have violated the terms of use and You consent that in case CLUBTYL  suffers losses, not limited to monetary losses, due to Your actions, We can take injunctive relief or any other legal action as deemed necessary within the said circumstances and CLUBTYL  is not liable for any loss to You due to termination.

 

 

Limitation of Liability

Financial and non-financial transactions performed by You on CLUBTYL  Platform is always processed by You or under Your exclusive authorization.

 

 

Indemnification

You shall indemnify and hold harmless  CLUBTYL, CLUBTYL  Entities, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

 

 

Force Majeure

A Force Majeure Event shall mean any event that is beyond the reasonable control of the  CLUBTYL  and

shall include but not limited to war, riots, fire, flood, acts of God, explosion, strikes, lockouts, slowdowns, prolonged shortage of energy supplies, Pandemic, computer hacking, unauthorized access to computer data and storage devices, computer crashes ,acts of state, governmental, legal or regulatory actions prohibiting or impeding  CLUBTYL  Entities from performing its respective obligations under the contract.

 

 

Dispute, Governing Law & Jurisdiction

This Agreement and the rights and obligations thereunder and the relations of the parties and all matters arising under or in connection with this Terms of Use, including the construction, validity, performance or termination thereunder, shall be governed by and construed in accordance with the laws of the Republic of India. Subject to and without prejudice to the amicable settlement, the courts in RAIPUR ,CHATTISHGARH  shall have exclusive jurisdiction to try and adjudicate all matters arising in connection with your use of the CLUBTYL  Services  , APPS ,  or other matters covered herein.

 

Disputes or differences or concerns if any should be raised within 30 days of happening or nonhappening of an event related to CLUBTYL  Services, except in case of unauthorised transactions on Your CLUBTYL  Wallet/, which shall be reported by You as soon as You identify the issue and investigation for such disputes is subject to terms of use of  CLUBTYL APP   (“CLUBTYL  Wallet”/”)

 

 

Disclaimers

As part of this continual innovation and improvement, we sometimes may add or remove features and functionalities, increase, or decrease limits to our CLUBTYL Services, start offering new services or stop offering old ones on CLUBTYL  Platforms. Such offering can also be due to discontinuation of any service or offering on  CLUBTYL  Platform by third party service providers or business partners.

 

We may record or monitor Our conventions with You for records and monitoring quality of our conversations.

 

Any content downloaded or otherwise obtained through the use of our Platform is done at your own discretion and risk, and We cannot confirm that such documents or contents are error or virus free and You understand and acknowledge that you are solely responsible for any damage to your devices, for any loss of data that may result from the download of such contents.

 

CLUBTYL   and third-party partners make no warranty, express or implied regarding the quality of Services including but not limited to:

 

The Services will meet your requirements;

The Services will be uninterrupted, timely or error free; or

Any products, information or material obtained by You in connection with the services will meet Your requirements.

Except as expressly provided herein and to the full extent permitted by law, the CLUBTYL  Services are provided “as is”, “as available” and “with all faults”. All such warranties, representations, conditions, undertakings and terms, whether express or implied, are hereby excluded. It is Your responsibility to evaluate the accuracy, completeness and usefulness of the CLUBTYL  Services and other information provided by CLUBTYL  or generally available. We do not authorize anyone to make any warranty on our behalf and You should not rely on any such statement.

 

If you have a dispute with other parties, you release CLUBTYL  (and our affiliates and officers, directors, agents, and employees thereof) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

 

CLUBTYL  Prepaid Payment Instrument (“PPI”) Terms of Use

This document is an electronic record in terms of Information Technology Act, 2000, amendments thereof from time to time and the rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

 

Please read the terms and conditions carefully before registering, accessing, or using the CLUBTYL  PrePaid Payment Instrument, herein referred as “CLUBTYL  Wallet”. These terms and conditions, (herein referred as “Wallet T&Cs”) are a legal contract (“Agreement”) between You and CLUBTYL   ( “CLUBTYL”)  India. You agree and acknowledge that you have read the terms and conditions set forth below. If you do not agree to these terms and conditions or do not wish to be bound by these terms and conditions, you may not use the Services and/or immediately terminate the Services.

 

We may amend the terms and conditions at any time by posting an updated version at CLUBTYL  website(s) and CLUBTYL  App(s). The updated version of the Terms of Service shall take effect immediately upon posting. It is Your responsibility to review these Terms of Use periodically for updates / changes or while using CLUBTYL  Wallet. Your continued use of CLUBTYL Wallet following the posting of changes will mean that You accept and agree to the revisions including additional Terms or removal of portions of these Terms, modifications etc. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and avail the Services.

 

 

Introduction

These terms and conditions regulate the use of Semi Closed Prepaid Payment Instrument or such other services which may be added from time to time under the brand name “CLUBTYL  Wallet” offered by CLUBTYL .CLUBTYL  has been authorised in this regard by the Reserve Bank of India (RBI) in accordance with the provisions of the Payment and Settlements Act, 2007 and the regulations and directions issued by RBI from time to time.

 

By proceeding to use the CLUBTYL  Wallet, you (“User”/ “you”/ “your”) signify your consent to be bound by these “Wallet T&Cs” in addition to agreeing to the General  CLUBTYL  Terms and Conditions (“General ToU”) and CLUBTYL  “Privacy Policy”. By use of CLUBTYL  Wallet, you shall be contracting with CLUBTYL  and these Wallet T&Cs referenced herein will constitute Your binding obligations with CLUBTYL.

 

 

Eligibility

By registering for CLUBTYL  Wallet, You represent that you are –

 

An Indian Resident having a valid CLUBTYL  account.

A natural or legal person above 18 years of age or older within the meaning of Indian Contract Act 1872. You can enter into a legally binding agreement.

You have the right, authority, and capability to enter into this agreement abiding by all the provisions of the CLUBTYL  General ToU” and “Privacy Policy”.

You are not barred or otherwise legally prohibited from accessing or using services of CLUBTYL  or CLUBTYL  Entities under the laws of India.

You represent that you are currently not a Politically Exposed Person (“PEP”) as defined by RBI.

You shall not impersonate any person or entity, or falsely state your age or affiliation with any person or entity. CLUBTYL  shall reserve the right to terminate your contract to use CLUBTYL Wallet in case of any incorrect representation of the conditions mentioned herein.

 

You agree and undertake to immediately notify   CLUBTYL  in circumstances where your PEP status changes, or you become related to a PEP. You should promptly notify CLUBTYL  in writing to ensure that appropriate steps are taken in accordance with applicable laws and CLUBTYL  policy . You further understand that as a PEP you will be subject to additional customer due diligence requirements as determined by the regulators. As a PEP you hereby agree to fully comply with all the aforesaid additional customer due diligence requirements as well as cooperate with CLUBTYL  to complete all continuing compliance requirements applicable to a PEP as will be notified to you by  CLUBTYL  to ensure uninterrupted use of your CLUBTYL  Wallet.

 

To declare your PEP status, kindly download, print and fill this form and upload it on the Help section here .

 

Issuance of CLUBTYL  Wallet might be subject to additional due diligence, which may include but not limited to reviewing and validating the credential provided by You as part of the CLUBTYL  Wallet application, internally or using other Business Partners / Service Providers, Sanctions Check as notified by regulators, Our risk management process and  CLUBTYL  shall have discretion and sole right to issue CLUBTYL  Wallet to You. Hence, by merely sharing the required data may not entitle creation of Your CLUBTYL  Wallet.

 

 

Definitions

“CLUBTYL  Wallet”; A semi-closed prepaid instrument issued by CLUBTYL  as per the rules and procedures defined by Reserve Bank of India (“RBI”) and shall refer to Minimum details Prepaid Instrument and KYC Compliance Prepaid Instrument, unless specified.

 

 

“RBI” means Reserve Bank of India

 

“Politically Exposed Persons” (PEPs); are individuals who are or have been entrusted with prominent public functions in a foreign country, e.g., Heads of States/Governments, senior politicians, senior government/judicial/military officers, senior executives of state-owned corporations, important political party officials, etc.

 

“Merchant” shall mean any establishment and/or entity who accepts the CLUBTYL  wallet as a payment method for online or offline purchase of goods and/or services. Similarly, the term “Buyer” shall refer to the person who purchases any of the goods or services provided online or offline by the Merchants and pays for such goods/ services through the CLUBTYL  Wallet.

 

“CLUBTYL  – Single Sign On (P-SSO)”; Is the login service of CLUBTYL  provided to You, which is used to access all services provided in CLUBTYL  application and participating platforms using your secure and unique credentials.

terms of use or terms and conditions” are interchangeably used in this document and shall have the same meaning.

 

 

Application and Issuance of CLUBTYL  Wallet

We may collect documents and information pertaining to You as part of Your application to avail

CLUBTYL  Wallet as a service as part of CLUBTYL  offering shall be subject to CLUBTYL  Privacy Policy.

Such information collected might also be subject to CLUBTYL  internal policies, regulatory directives and notifications, including but not limited to procedures defined by such organisations.

As part of application, onboarding, or update of Your  CLUBTYL  Wallet, you might also be required to agree to the terms and conditions of third party, whose services are used as part of your application, for example, You might be required to accept UIDAI’s terms and conditions or terms and conditions of DigiLocker operated by Ministry if Electronics and IT or any other authority whom You authorise to share your data/information with Us.

You shall be responsible for the documents/information and declarations provided to CLUBTYL  about Yourself, Your residency and tax status, information about PEP and other material information including but not limited to Your KYC documents. CLUBTYL  shall not be liable for incorrect documents/information and declarations and retains the right to refuse activation and right to deactivate of Your CLUBTYL  Wallet and report such incident to Legal Enforcement Agencies (LEAs) and the regulator(s) as per extant directives.

We may review the data/information provided by you and undertake appropriate due-diligence, including risk management before issuing  CLUBTYL  Wallet as per the extant regulatory directives issued by RBI or any other regulator, such as RBI’s Know Your Customer (“KYC”), Prevention of Money Laundering Act (“PMLA”), RBI’s directives on PPI issuance and operation and other directives that are notified by the regulator from time to time and applicable to CLUBTYL  Wallet. We may also fetch data from other sources available in public or through our business partners or service providers which may pertain to You as part of due diligence and risk management.

We may appoint associates or agents to collect Your KYC information/data as part of CLUBTYL  Wallet application, upgrade or risk assessment.

 

1. Rewards Program

 

CLUBTYL  reserves the right to provide rewards to its users as per internal policies as decided by CLUBTYL  from time to time.

For CLUBTYL  rewards, CLUBTYL  terms and conditions applicable to CLUBTYL   Account and usage will continue to apply.

CLUBTYL reserves the right to pull back rewards from a user’s account (pre or post redemption) in case of suspicious or fraudulent activities as detected by CLUBTYL   from time to time without any notice/intimation.

Scratch cards standing unclaimed will be forfeited post 1 year of granting of the scratch card to the user or by any other period specified by CLUBTYL  at the time of issuance.

The reward Is not guaranteed in any manner whatsoever.

If You are rewarded, the reward amount shall be credited to your CLUBTYL   Wallet or may be provided to You as per the specific terms of such offer.

This offer is not available in the state of Tamil Nadu (owing to the Tamil Nadu Prize Scheme (Prohibition) Act 1979) and other states wherever prohibited by law.

Your participation in any offer constitutes Your understanding and agreement to the complete terms and conditions associated with each offer.

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General Terms and Conditions

Your login credentials are personal to you and You should ensure keeping Your login credentials are safe and secure. You are responsible for security of your CLUBTYL  Wallet and CLUBTYL   eGV and shall take all steps to keep the details secure including the devices that You may use to access Your CLUBTYL  Account. Further, You shall not disclose Your account access credential to anyone in any form whether verbally, writing or record it in any other form. In case You divulge such details in error or due to negligence, You shall immediately report the activity to CLUBTYL  . However, CLUBTYL  shall not be liable for any unauthorized transaction performed by any third party with Your secure account access credentials.

We may monitor Your transaction(s) for probable high-risk/fraud transactions. Basis our continuous transaction monitoring, We may place a hold on the Transaction, block or reject transaction and may also temporarily block you CLUBTYL   Wallet or eGV or Account and ask You for more information on You and Your funding source before releasing / reinstating Your account/transaction. You shall also note that, Your account could also be temporarily or permanently blocked basis abuse against any employee, company, or incorrect declaration by any customer or merchant and We shall not be liable for any loss caused to You due to this while we investigate Your account.

You agree and understand that the CLUBTYL  based on its internal policies, regulatory and statutory guidelines may report transactions to appropriate authorities in case such transaction is classified as suspicious or fraudulent and We shall not be made liable for any loss caused to You for such obligatory reporting by Us, even if any such transaction is found to be regular and lawful at a later stage.

While executing any transaction, You must ensure the availability of sufficient funds On Your  CLUBTYL   Wallet / eGV or other sources of funds that You use to execute any transaction.

You understand that the services offered by   CLUBTYL  on CLUBTYL  application use internet connection, service providers apart from CLUBTYL  application to successfully execute Your transactions and We shall not be take any responsible on any liability arising from including but not limited to any loss or interruption of the Services or the unavailability of Services due to a mobile or internet not supporting, non-responsiveness Merchant websites or applications.

You understand that the information that You share for availing services might be shared with third parties inter alia, to facilitate the provision of the Services and in such case, data policies of service providers shall also apply to such transactions and You are required to update Yourself of their policies and You acknowledge that You understand that CLUBTYL   would not have any control on data sharing and use in such case.

You further agree and acknowledge that Your bank/financial institution may access fee(s) or charge(s) against such transactions and  CLUBTYL shall not be liable to acknowledge or refund such fee(s) charges and shall be borne You in all circumstances.

Funds loaded into Your CLUBTYL   Wallet or eGV and spent on  CLUBTYL application or partner merchants for services offered by them are conducted over the internet and involve multiple stakeholders not limited to You Bank, Service Providers, Internet services, telecom operator etc. You understand that transaction confirmations and acknowledgements may not always reflect service delivery due to the possibility of failures at multiple points. In such cases, CLUBTYL   is not liable for any loss caused due to inefficiencies / process failures at other such stakeholders and  CLUBTYL  shall credit the funds or recover the funds from You in such cases and shall apply appropriate limits/orders on Your CLUBTYL   Wallet / eGV or Account accordingly at its own discretion and can take appropriate legal actions to collect the amount due, to the extent allowed by Applicable Law.

You can view Your CLUBTYL  Wallet and eGV transaction in Your CLUBTYL  app and can also review transactions for at least 6 (six) months.

All categories of  CLUBTYL   Wallets and eGVs are non-transferable in nature, except the ones that are unclaimed and No interest is payable on the outstanding Wallet balances.

You’re account is secured and any transaction that is processed on Your  CLUBTYL  Wallet / eGV shall be authorized by You explicitly or processed via RBI notified debit mandates authorised by You on Your  CLUBTYL  Wallet and permitted by CLUBTYL l.

While You can purchase multiple eGVs as permitted by  CLUBTYL   from time to time. Any suspected violation of this condition shall constitute grounds for suspension of Your access to Your CLUBTYL  Wallet / eGVs or CLUBTYL   account.

While, the continued availability of the CLUBTYL  Wallet shall be subject to the requirements under law, regulations or directions connected to Semi-closed prepaid payment instruments, CLUBTYL  reserves the right to suspend/discontinue the Wallet at any time, for any cause, including, but not limited, to the following-

For any suspected violation of the rules, regulations, orders, directions, notifications issued by RBI from time to time or for any violation of any  CLUBTYL  Terms;

Any suspected discrepancy in Your particular(s), KYC documentation or information provided by the You; or

To combat potential fraud, sabotage, willful destruction, threat to national security or for any other force majeure event; or

CLUBTYL   in its sole opinion and discretion believes that cessation/ suspension of Your CLUBTYL l Wallet is necessary for any other legitimate purpose.

You agree that, upon any closure or winding up of the Prepaid Payment Instrument as notified by the regulator or due to any other circumstances provided under law, You may redeem the outstanding balance in Your CLUBTYL  Wallet/eGV or transfer the same to any prepaid payment instrument or bank account held/maintained by you with any third party with in such time as may be determined by CLUBTYL , failing which, CLUBTYL  may transfer the balance in Your Prepaid Payment Account to Your another prepaid payment instrument issued by such entity having authorisation from RBI and with which  CLUBTYL   has made appropriate arrangements.

 

Refund and cancellation

All payments made through CLUBTYL  Wallet/eGV for mobile/ DTH recharge, bill pay, P2P transfers or any other payment processed by You on CLUBTYL   Platform or Merchant partners accepting  CLUBTYL Wallet (including eGVs) as a payment option shall be final and CLUBTYL  shall not be responsible for any error and omission by You or Merchant partners. Such transactions cannot be refunded, returned or cancelled once initiated.

If you erroneously processed a payment to the unintended merchant or processed a payment for the wrong amount (for instance a typographical error at your end) Your only recourse will be to contact the merchant directly to whom you have made the payment and ask them to refund the amount.CLUBTYL   shall not be able to handle such disputes, not can We reimburse you or reverse a payment that you have erroneously made.

In case We receive a refund for a transaction which You have processed earlier, we would refund the funds back to the source, including  CLUBTYL  Wallet/eGV unless specified or directed by your otherwise.

In case of any cancellations, the cashback (in form of eGV) given on the transaction will continue to remain as eGV and is non-withdrawable to your bank account. This can continue to be used on CLUBTYL   Platforms for eligible transactions.

Further, in case of cancellation of a transaction, refunded amount less of cashback (credited in form of eGV) will be credited back to the source of funds used while making payment.

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Operational Validity & Forfeiture

Your CLUBTYL   Wallet shall be valid as per the regulatory directives issued by RBI from time to time and permitted by  CLUBTYL . Currently Your  CLUBTYL  Wallet is valid unless surrendered or cancelled or forfeited. However, eGVs (including unused eGV balances) issued shall have a minimum validity period of 12 (twelve) months from the date of last loading/reloading of the Wallet and CLUBTYL  may extend the validity period for such tenures as CLUBTYL   may in its discretion determine. CLUBTYL  may also terminate the Wallet at its discretion or on account of Your breach of these Terms or on account of a directive received from the RB or from any other legal enforcement agencies.

You may also note that CLUBTYL  reserves the right to terminate Your CLUBTYL   Wallet Account in case of violation of any policy or Terms of Use or any rule/policy issued by the RBI or Government of India or any other concerned body and in such event, any balance in your CLUBTYL  wallet Account shall be credited back to your bank account linked to the CLUBTYL   Application. In such an event, clubtyl might report the Your account and transaction details to the concerned enforcement authority or any other agency notified by regulators or law and may freeze your CLUBTYL  wallet until given a clearance by the concerned body.

In the event that Your CLUBTYL  Wallet / eGV is due for expiry on the grounds as set out herein CLUBTYL   shall caution You of such impending expiry at least 45 (forty-five) days prior to the date of expiry by sending a communication in this regard via e-mail/Phone/notification or any other method of

communication which is permissible. In the event that there is an outstanding balance in Your  CLUBTYL  Wallet subsequent to the expiry, you may at any time subsequent to the expiry of the Wallet make a request to CLUBTYL   to initiate a refund of the outstanding Wallet Account balance and the aforesaid balance will be transferred to a bank account that you had either linked to Your   CLUBTYL  Wallet Account previously or the bank account details you have provided to CLUBTYL  at the time of raising the request for refund. However, eGVs cannot be refunded to bank account and shall be reinstated for further use at the sole discretion of  CLUBTYL . CLUBTYL   further reserves the right to move your CLUBTYL  Wallet to Debit Only Mode if You are involved in any suspicious transaction and/or any transaction in gross violation of the rules and regulations issued by the Reserve Bank of India (“RBI”), governing the use of Pre Paid Payment Instruments including but not limited to rules and regulations under Prevention of Money Laundering Act, 2002 and any amendments thereto. In such an event, Clubtyl may report the matter to RBI and may also freeze your CLUBTYL   Wallet until the receipt of findings, and clear report from RBI in this regard.

In case Your clubtyl Wallet or has no transaction within the last 12 months, Your CLUBTYL  Wallet shall be flagged as inactive wallet and You can operate Your wallet only after completing appropriate duediligence process defined by  CLUBTYL   from time to time. Your  CLUBTYL Wallet balance shall be maintained securely with us and any pending refunds will still be credited to Your Clubtyl  Wallet and shall continue to receive all communications from us, including promotional communications. However, You would not be able to use Your wallet for any transactions including loading of Your clubtyl Wallet without undergoing such due-diligence.

 

Suspension/Discontinuation of services

In case You want to close Your Clubtyl  Wallet, as a one time option, Your funds would be allowed to be refunded back to the clubtyl Wallet load source for minimum details Clubtyl  Wallet. However, for clubtyl KYC Wallet, You can transfer the funds back to Your Pre-designated own bank account.

You agree and acknowledge that there can be certain risk-based scenarios when Your Clubtyl  Wallet may not be immediately closed but suspended and then eventually closed.

You further understand that once Your clubtyl Wallet is closed, We would not be able to reinstate Your Clubtyl  Wallet and may sometimes not allow You to create a new wallet as per regulatory directives or based on our internal policies.

You also understand that we are also obligated to retain Your data and information even after discontinuation of Your clubtyl Wallet for record retention.

 

Unauthorized transactions and Grievance Redressal

Clubtyl shares transaction alerts in the form of SMS or email against debit to Your Clubtyl  Wallet/eGV. In case You observe any transaction on Your account which is not processed with Your consent/ authorization, You should immediately report such transaction to Us via the emergency 24x7 contact number/email/ forms as made available to You by clubtyl.

Once You report a transaction as unauthorized, We may also temporarily suspend Your Clubtyl  Wallet/eGV while we review Your claim. As We investigate the claim, we shall keep funds claimed under dispute and shall credit the same to Your clubtyl Wallet/eGV in case the investigation outcome is in Your favour.

In case the unauthorized transaction is processed due to any contributory fraud / negligence / deficiency on the part of clubtyl  , We would refund the funds to Your CLUBTYL Wallet / eGV.

In cases where the loss is due to Your negligence, such as where You might have shared the payment credentials, You shall bear the entire loss until You report such unauthorised transaction US. You shall not be made liable for any further loss on Your Clubtyl  Wallet / eGV after You have reported the unauthorised transaction to Us.

You shall note that in case of any third party breach which is not caused due to the deficiency at Your end, neither at Our end, buy a third party, You shall report such unauthorized transaction within 3 (three) days, failing which Your liability on such transaction would be (a) Transaction value or ₹ 10,000/- per transaction, whichever is lower, in case You report such transaction within four to seven days or (b) liability as defined by our Board approved policy.

In case We are not able to complete our investigation within 90 (ninety) days, We shall refund the funds to Your clubtyl Wallet or eGV as per the RBI directives and Our policies.

Clubtyl communicates all terms and conditions governing Your Clubtyl Wallet / eGVs through

SMS/links/notification/any other mode of communication, details of charges and fees, expiry period of Your Clubtyl  Wallet/PPI, and nodal officer retails at the time of issuing Your clubtyl Wallet/eGV and is available for Your review at all times on Our website and mobile application.

In case Your report any complaint / grievance, We would review Your concern and will try to resolve Your complaint / grievance within 48 (forty eight) hours, but not later than 30 (thirty) days from the date of receipt of Your complaint / grievance. You may refer to our Grievance Policy for further details.

 

 

Governing law / Jurisdictions

This Agreement and the rights and obligations thereunder and the relations of the parties and all matters arising under or in connection with this Terms of Use, including the construction, validity, performance or termination thereunder, shall be governed by and construed in accordance with the laws of the Republic of India.

If any dispute or difference of any kind whatsoever shall arise between the parties in connection with or arising out of or in connection with your use of the clubtyl Wallet, you and Clubtyl  designated employee or representative shall promptly and in good faith negotiate with a view to arriving at an amicable resolution and settlement of the dispute or difference.

The existence of any dispute or difference or the initiation shall not postpone or delay the performance by the parties of their respective obligations under this Agreement.Notwithstanding anything contained herein, the parties shall have a right to institute legal proceedings to prevent any continuing breach and to seek an injunctive or any other specific relief.

Subject to and without prejudice to the amicable settlement , the courts in Bengaluru, Karnataka shall have exclusive jurisdiction to try and adjudicate all matters arising in connection with your use of the Wallet or other matters covered herein.

 

General Provisions

Clubtyl shall have the right to assign this Agreement (including all of our rights, titles, benefits, interests, and obligations and duties in this Agreement) to any of our affiliates and to any successor in interest. Clubtyl  may delegate certain clubtyl rights and responsibilities under this Agreement to independent contractors or other third parties. You may not assign, in whole or part, this Agreement to any person or entity without our prior written consent which may be withheld at our sole discretion.

A Force Majeure Event shall mean any event that is beyond the reasonable control of the Clubtyl  and shall include but not limited to war, riots, fire, flood, acts of God, explosion, strikes, lockouts, slowdowns, prolonged shortage of energy supplies, Pandemic, computer hacking, unauthorized access to computer data and storage devices, computer crashes ,acts of state or governmental action prohibiting or impeding clubtyl Entities from performing its respective obligations under the contract.

 

 

General Terms

External wallet(s) are third party pre-paid payment instruments which are enabled inside clubtyl Application.

Clubtyl  is only facilitating:

The usage of External wallet balance within or outside clubtyl mobile application where Clubtyl  is accepted as a Payment mode.

Loading of External wallet balance by using instruments saved on clubtyl.

In either case(s), Clubtyl  provides only online platform where you can link your listed External Wallet to your clubtyl Accounts and use the balance of the said External Wallet for payments allowed by Clubtyl  from time to time and in no way is responsible for creation or regulatory adherence of External wallet(s).

By agreeing to link your ‘External Wallet’ on clubtyl, you are confirming that you have read and agreed to all terms and conditions as set-out by the Your respective Prepaid instrument issuers on their websites/Applications or may be provided in any other form.

By linking your External Wallet to Clubtyl , by authorising transactions on clubtyl you are authorizing Clubtyl  to perform multiple operations on Your External Wallet which includes, but is not limited to, debiting amounts against payments due to merchants, checking balance, crediting refunds and loading your External Wallet Balance etc with Your express consent / authorisation.

You agree that all risks arising from online transactions using External Wallet will be borne by You.

Clubtyl reserves the right to disable the ‘External wallet’ option during payments by its sole discretion and without prior intimation.

Clubtyl reserves the right to de-link the ‘External Wallet’ from Clubtyl  at any point in time without prior intimation.

Loading of External wallet inside clubtyl App is subject to limits, rules and terms & conditions of respective External Wallet issuers and Clubtyl shall not have any control on such limits.

In case of failure of an External Wallet loading or if Clubtyl  receives the money and the transaction fails, the amount would be refunded back to the source.

If you do not have sufficient External Wallet balance to complete a merchant payment you can combine it with clubtyl Wallet, Debit/Credit Card, UPI or any other mode made available to You by Clubtyl based on the transaction type and Clubtyl  internal controls and limits.

 

Other Responsibilities

You shall promptly inform your External Wallet issuer for any unauthorized usage of your account, lost / stolen / misplaced / device or account details, and any other circumstances which may lead to unauthorized usage of your linked External Wallet .

You agree and understand that when you acquire goods or any other services from a Merchant platform through clubtyl Services, we are not a party to the contract between you and the Merchant. We do not endorse any advertiser or Merchant linked to its website or app. Furthermore, we are under no obligation to monitor the Merchant’s service used by you; the Merchant alone will be responsible for all obligations under the contract including (without limitation) warranties or guarantees. Any dispute with or complaint against any Merchant must be directly resolved between You and the Merchant. It is clarified that We shall not be responsible or liable for any deficiency in goods and/or services purchased using Clubtyl  Services related to External Wallet. You are instructed to satisfy yourself regarding the quality, quantity and fitness of any good and/or service before purchasing the same.

In case any amount is transferred erroneously by You to any Merchant or any other person, clubtyl shall not be liable to refund such amount to You under any circumstances.

Any web-link on the website to a third-party site is not an endorsement of that web-link. By using or browsing any such other web-link, you shall be subject to the terms and conditions in each such weblink.

In the event of any dispute, Clubtyl  records shall be binding as the conclusive evidence of the transactions carried out through use of External Wallets on clubtyl Platform.

In case Clubtyl sends customer communications by SMS and/or email and they shall be deemed to have been received by You after they have been submitted for delivery to the SMS/email service providers.

You agree to receive all commercial messages including transactional messages from Clubtyl /Merchant

You will use the Services related to External Wallet in good faith and in compliance with all applicable laws and regulations.

The information and material you provide in connection with the use of the Services related to External Wallet is true, lawful and accurate, and is not false, misleading or deceptive.

You should be solely responsible for payment of any taxes, duties or other governmental levies or any financial charges that may be imposed on any products or services purchased or supplied through the Services or otherwise arising from online transactions.

You shall not use clubtyl Services for any purpose that might be construed as contrary or repugnant to any applicable law, regulation, guideline, judicial dicta, “General ToU” or for any purpose that might negatively prejudice the goodwill of Clubtyl .

You shall ensure that the clubtyl Services are not used for Transactions in foreign currency. Clubtyl  services are issued & shall be valid only in India and shall be used at Merchants only in India.

 

Prohibitions

You shall not use the Services to defraud clubtyl, our affiliates or other members or users, or engage in other unlawful activities (including without limitation dealing in products or services prohibited by law).

You shall not impersonate any person or entity, falsely claim or otherwise misrepresent an affiliation with any person or entity, or access the accounts of others without permission, forge another person’s digital identity/signatures or perform any other fraudulent activity.

You shall not purchase anything (products or services) using fraudulent funds.

You shall not use the Services in a manner that may result in complaints, disputes, imposition of fines, penalties, chargebacks or any other liability to clubtyl.

You shall not use Clubtyl services for money laundering, tax evasion or any other illegal activities and Clubtyl  shall reserve the right to stop, reject, report any transactions or accounts contravenes our internal policies and guidelines.

 

General Provisions

Clubtyl and third party partners make no warranty, express or implied regarding the quality of Services including but not limited to: i) the Services will meet your requirements; II) the Services will be uninterrupted, timely or error free; or III) any products, information or material obtained by You in connection with the services will meet Your requirements.

Except as expressly provided herein and to the full extent permitted by law, the Services are provided “as is”, “as available” and “with all faults”. All such warranties, representations, conditions, undertakings and terms, whether express or implied, are hereby excluded. It is Your responsibility to evaluate the accuracy, completeness and usefulness of the Services related to the use of External Wallet and other information provided by Clubtyl or generally available. We do not authorise anyone to make any warranty on our behalf and You should not rely on any such statement.

In no event will Clubtyl  be liable for any indirect, consequential, incidental, special or punitive damages, including without limitation damages for loss of profits or revenues, business interruption, loss of business opportunities, loss of data or loss of other economic interests, whether in contract, negligence, tort or otherwise, arising from the use of or inability to use the Services, however caused and whether arising in contract, tort, negligence, warranty or otherwise, exceed the amount paid by You for using the Services giving rise to the cause of action or Rupees One Hundred (Rs. 100) whichever is less.

If you have a dispute with other parties, you release clubtyl (and our affiliates and officers, directors, agents, and employees thereof) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

If any provision of this Terms of use of External Wallet is held to be invalid or otherwise unenforceable, then that provision shall be deleted, and the remaining provisions shall remain valid and enforceable.

Headings are for convenience purposes only and in no way define, limit, construe or describe the scope or extent of such section.

Any failure by Clubtyl  to exercise any of our rights under this Agreement shall not constitute a waiver of such right or a waiver with respect to subsequent or similar breach. A waiver shall be effective only if made in writing.

Clubtyl shall have the right to assign this Terms of use of External Wallet (including all of our rights, titles, benefits, interests, and obligations and duties in this Agreement) to any of our affiliates and to any successor in interest. Clubtyl  may delegate certain clubtyl rights and responsibilities under this Terms of use of External Wallet to independent contractors or other third parties. You may not assign, in whole or part, this Agreement to any person or entity without our prior written consent which may be withheld at our sole discretion.

If there is any conflict between the English version and another language version of this Agreement, the English version shall prevail.

Terms and Conditions – Switch

This document is an electronic record in terms of Information Technology Act, 2000 including any amendments thereof, from time to time, the rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

 

 

For the purposes of these Terms, You expressly acknowledge that clubtyl includes Clubtyl  officers, directors, representatives and employees. The logo(s)/trademark(s) of Hosted App(s) displayed on Switch are the properties of the respective Hosted App(s). Through Your usage of Switch, You are accessing m-sites, mobile applications, banners, promotions, offers etc., of various service providers ( “Hosted App(s)”) in categories such as education, entertainment, food, grocery, shopping, travel etc and agree to be bound by these Terms.

 

We may amend these Terms at any time by posting an updated version on clubtyl website(s) and/or Clubtyl  App. The updated version of these Terms shall take effect immediately upon posting. It is Your responsibility to review these Terms periodically for updates / changes, if any. Your continued use of clubtyl App following the posting of changes shall mean that You accept and agree to the revision(s)/modification(s).

 

You acknowledge that there are various Hosted Apps listed on Switch and upon clicking on the respective logo/trademark/banner/promotion/offer of a Hosted App, You are supposed to be redirected to the respective Hosted App’s m-site/application, as may have been made available by such Hosted App. Malfunctioning while being redirected under Switch or some other technical glitch/issue attributable to the Hosted App may also take place (demonstrating that the landing m-site/application post redirection is not the one as represented by the Hosted App) and in which case You are strongly advised to log-out of and close the clubtyl app immediately. While attempting to access any of the Hosted Apps, You might also see a prompt requesting Your consent to share Your personal details with a Hosted App, to enable one-click login for Your ease of use. Post Your consent, Clubtyl may share Your details with the Hosted App. Once You consent to this, You would be registered as a customer/user of the respective Hosted App and accordingly shall be governed by the respective Hosted App’s applicable terms of use and privacy policy. Clubtyl  hereby disclaims all liability with respect to any such data (and the usage thereof) that is shared with Hosted Apps, post Your consent.

When You opt to use Hosted Apps, You acknowledge that Your use of the Hosted Apps as well Your purchase of product(s)/service(s) on the Hosted Apps shall be governed by the respective Hosted App’s applicable terms, and usage of data collected by the Hosted Apps shall be governed by their respective privacy policies. You are strongly advised to carefully read the terms of use, privacy policy and/or any other internal policies of the Hosted Apps as may be made applicable to You. Clubtyl hereby disclaims all liability with respect to any data (and its usage thereof) that is collected by the respective Hosted App during Your usage of the same.

You acknowledge that Clubtyl  is providing You access to Switch for Your convenience only and that clubtyl shall have no role in terms of fulfilment of product(s) and/or availing of service(s) from the Hosted Apps. Clubtyl is merely facilitating payment(s) for the product(s)/service(s) purchased/availed from the Hosted Apps. Accordingly, Clubtyl  responsibility in relation to Your use of Switch is limited to processing Your payments and settling to the respective Hosted Apps. Clubtyl shall bear no

responsibility or liability whatsoever in respect of any matter arising from or in connection with products and/or services provided by Hosted App.

With respect to purchase/availing of product(s)/service(s) by You on Hosted Apps, You acknowledge that the respective Hosted App shall be Your sole point of contact and shall be responsible for providing related invoice(s), warranty card, usage instructions, post-sale support etc. Clubtyl  shall not be responsible for the same, in any case whatsoever. Any dispute/complaint/grievance/issue with respect to the product(s)/service(s) of the Hosted Apps (including delivery/non-fulfilment/defective goods/deficiency of services/post-sale support etc.) shall be dealt between You and the respective Hosted App and clubtyl shall not be made a party to the same. In such cases, You hereby agree to release Clubtyl (including its affiliates and officers, directors, agents, and employees thereof) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes/complaints/grievances/issues.

You agree to not use the Switch including the Hosted Apps for any illicit or illegal purposes (including accessing age-based restricted content unless 18 years above of age) or to conduct any fraudulent transaction or act in such a manner which could be seen as violation of the applicable law and/or the policies, rules, terms of use of Clubtyl  and/or of the Hosted Apps. While purchasing product(s) or availing service(s) from Hosted Apps, You shall be responsible to ensure that such product(s)/service(s) are not in violation of the applicable laws in jurisdiction in which they are being

purchased/delivered/availed, as the case may be. You shall not also make any transaction through clubtyl which is barred under any applicable laws and shall hold Clubtyl  harmless in the event of any claims against clubtyl in such regard.

Your usage of Switch shall not be construed as a right to access Switch, at all times. Clubtyl, im its sole discretion, may suspend/discontinue, either temporarily or permanently, Your access to Switch, at any time without notice. Further, in case of suspicious/fraudulent transactions, Your transactions may be evaluated and investigated into by Clubtyl  and/or the Hosted Apps and upon intimation You shall be required to provide written clarification along submission of requested documents as may be relevant to the transaction(s) in question.

You acknowledge that the Hosted Apps belong to/are offered/extended by third party(ies). Accordingly, You agree to exercise abundant caution and reasonable due diligence before (a) using the Hosted Apps or (b) purchasing/availing any product(s)/service(s) from/via the Hosted Apps.

You acknowledge that the policies related to refund and return will be provided by the Hosted Apps. You are strongly advised to read the same before purchasing/availing any product(s)/service(s). Clubtyl shall not be liable for any refund related complaints/claims and You shall only approach the respective Hosted App for the same.

You acknowledge that any promotion/offer provided on Switch with respect to the Hosted Apps shall be governed by the applicable terms and conditions. You agree to read such applicable terms and conditions before availing any such promotion/offer.

To the fullest extent permissible under applicable law, Clubtyl disclaims all warranties or guarantees, whether statutory, express or implied, including but not limited to implied warranties of

merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. It is Your responsibility to evaluate the accuracy, completeness and usefulness of all information provided through Switch, including the Hosted Apps. You agree that Your use, access or otherwise obtain information through Clubtyl  App and more particularly, Switch, shall be at Your own discretion and risk and that You will be solely responsible for any damage to Your property (including Your computer system and mobile device or any other equipment) or loss of data that results from the download or use of such information. Clubtyl does not authorize anyone to make any warranty on its behalf and You should not rely on any such statement.

Clubtyl  does not warrant that Switch will be uninterrupted, error-free or shall be without viruses or other harmful components. All data that is made available on Switch is on an “as is”, “as available” and “with all faults” basis and without warranties or representations of any kind either express or implied.

You agree to indemnify and hold clubtyl, its affiliates, employees, directors, officers, agents and representatives, harmless, from any and all losses, damages, actions, claims and liabilities (including legal costs) which may arise, directly or indirectly, from breach of these Terms and/or usage of, interaction with or purchase/availing of product(s)/service(s) from/via the Hosted Apps, in any manner whatsoever.

In no event will Clubtyl  be liable for any indirect, consequential, incidental, special or punitive damages, including without limitation damages for loss of profits or revenues, business interruption, loss of business opportunities, loss of data or loss of other economic interests, whether in contract, negligence, tort or otherwise, arising from the use of or inability to use the information provided, however caused and whether arising in contract, tort, negligence, warranty or otherwise.

These Terms shall be governed by the laws of India, without respect to its conflict of laws principles. Any claim or dispute between You and clubtyl that arises in whole or in part from in relation to these Terms shall be decided exclusively by a court of competent jurisdiction located in Bangalore.

The Clubtyl  Terms of Use and clubtyl Privacy Policy shall be deemed to be incorporated into these Terms by reference.

Terms of Use of Clubtyl  Recharge & Pay Bills

These terms and conditions regulate the use of Recharge and Bill Pay services enabled by clubtyl Private Limited, a company incorporated under the Companies Act, 1956 with its registered office at chattisgadh India (hereinafter referred to as “clubtyl”/ “we”/”us”/” our”). Clubtyl has been authorized in this regard by the Reserve Bank of India (RBI) to issue semi closed PPI in accordance with the provisions of the Payment and Settlements Act, 2007 and the regulations and directions issued by RBI from time to time

 

By proceeding to use of Clubtyl  Recharge & Pay Bills, you (“User”/ “you”/ “your”) signify your consent to be bound by these Terms of Use (hereinafter “Bill Pay T&Cs”) in addition to agreeing to the General clubtyl Terms and Conditions ( “General Terms” ) 

 

By proceeding to use the clubtyl Services which includes Recharge & Pay Bills offerings of Clubtyl , you shall be contracting with clubtyl and these Bill Pay T & Cs including all policies referenced herein will constitute your binding obligations, with Clubtyl  in connection with this offering.

 

Further, the term “Merchants/ Billers’ shall include for the purpose of the Recharge & Pay Bills category any establishment and/or entity who is providing you utility services, payment services and accepts the clubtyl wallet, UPI, Debit Card/ Credit Card (‘ payment options’) as a payment method for online or offline purchase of utilities, payment services through an aggregator or a BBPO to whom you can make bill payment or recharge using Clubtyl  App.

 

When you transact using the clubtyl App ( with any payment options ) for availing the Recharge & Pay Bills Services through the Clubtyl  App or on any Merchant website/ Merchant platform/ Merchant store, these Bill Pay T & Cs will be applicable to you in addition to the T&Cs of the respective Merchants.

 

We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of clubtyl App following the posting of changes will mean that You accept and agree to the revisions including additional Terms or removal of portions of these Terms, modifications etc. As long as You comply with these Terms of Use, We grant You a limited privilege to utilize the Clubtyl App for Recharge & Bill Pay offering and other services that maybe offered through Clubtyl  App from time to time for payments, subscriptions, recharges, utility payments and any other recurring payments.

 

USING THE PHONEPE RECHARGE & BILL PAY FEATURE IN THE PHONEPE APP INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS. HENCE, PLEASE READ THESE TERMS CAREFULLY BEFORE PROCEEDING.

 

By impliedly or expressly accepting the Recharge & Pay Bills T&Cs, you also agree and consent to be bound by all clubtyl Policies including the Privacy Policy.

 

General Terms for Recharge & Pay Bills:

Users may note that Clubtyl  is only a facilitator of payments and is not a party to the payments.

Clubtyl facilitates Recharge and Pay Bills services by allowing you to pay for the Mobile Post-paid,

Prepaid Recharge and landline Phone Bill Payment, DTH and Subscription for Streaming Services

Payment, Other Utility Payments like Electricity, LPG etc. Credit Card Payment, Insurance Premium Payment, Donate online, Internet broadband and Data card Bill Payment, Municipal Tax & Water Tax payment, School Fees payment, Toll Tax recharge (FasTag), Loan repayment and other services provided by Clubtyl  from time to time which are available under “Recharge and Pay Bills” section of Mobile APP through a) aggregators with whom clubtyl has a contract or b) through the Bharat Bill Payment Operating Unit (BBPOU) infrastructure where the Merchant is registered with NPCI for Bill payments.

Setting up Recharge & Pay Bills:

In order to make the recharge or bill payments you will have to provide the unique customer identity/ subscription identity number or bill number or registered mobile number, registered telephone number or such other identifier(s) which are required to fetch the payment/subscription due or bill value, subscription plan, due date, outstanding amount due and such other information necessary to enable the payment to your account with the Merchant.

You authorize Clubtyl  to access, fetch, share, use, store the information related to your account with the Merchant for Recharge & Bill Pay Services on an ongoing basis on your behalf for the said purposes.

You understand that correctness of information is of utmost importance for fetching the right bill and subscription value and you accordingly confirm to ensure and be responsible for the correctness of the identifier information.

You understand that the amount to be paid, recharged or subscription value is an agreement between you and the Merchant and clubtyl has no obligation to verify the correctness of the same

You agree to keep your account information upto date and comply with the terms and conditions at all times otherwise Clubtyl has the right to suspend the account or deny any services.

You agree that for providing the Recharge & Bill Pay Services the User identifier data, location/state and/or kyc information / any other personal information would be required to be shared with the Merchant/ biller for tax /GST purposes.

You agree and authorize Clubtyl  to communicate with the Merchant, third party service providers, aggregators with your account information for processing the transaction,

You also agree that clubtyl may set up reminder facility or auto payment facility which you expressly consent to and understand that payment once made to the Merchant for Recharge and Bill Pay is non – refundable.

You shall be responsible for any duplicate standing instructions for payment or delayed payments or any penalty/ interest levied by the Merchant on the payments made. It is re-iterated that Clubtyl  only facilitates the payments to the Merchants on your behalf.

Charges:

There may be charges for access, third party payment or such other data fees from third party payment participants and/ or Billers which you expressly agree and shall not hold clubtyl liable for the same.

Your Responsibilities: In connection with your use of the Clubtyl Recharge & Pay Bills, it shall be your responsibility to adhere to the following:

You should verify from the transaction history and/or the notifications about the success or failure of the transaction.

You shall be responsible for any charges levied by the Merchant/Biller in relation to the Recharge & Pay Bills services that can deducted from your account or that are added to your bill / subscription fees.

You shall be responsible for keeping a track of your periodic bills, subscription fee and recharge expiries and or due dates of any utilities/ services or recurring charge services that you have availed and CLUBTYL   shall not be responsible for any technical issue related to periodic retrieval of the bills from the Billers or any errors / discrepancies in the Bills

You shall be responsible for scheduling your bill payment and you understand that the payment realization time shall vary from Merchant to Merchant and it is only based on your instructions that we will make the payment. We shall not be responsible for the delays/ reversals or failure of transaction User Errors:

If you erroneously send a payment to the wrong party or wrong biller or double pay or send a payment for the wrong amount (for instance a typographical error at your end) your only recourse will be to contact the Merchant /Party to whom you have sent the payment and ask them to refund the amount.

CLUBTYL  will not reimburse you or reverse a payment that you have erroneously made.

Disclaimers:

You agree that all risks arising from online transactions will be borne by You

CLUBTYL   and third-party partners make no warranty, express or implied regarding the quality of Services including but not limited to: i) the Services will meet your requirements; II) the Services will be uninterrupted, timely or error free; or III) any products, information or material obtained by You in connection with the services will meet Your requirements.

Except as expressly provided herein and to the full extent permitted by law, the Wallet feature is provided “as is”, “as available” and “with all faults”. All such warranties, representations, conditions, undertakings and terms, whether express or implied, are hereby excluded. It is Your responsibility to evaluate the accuracy, completeness and usefulness of the Services and other information provided by

CLUBTYL   or generally available. We do not authorize anyone to make any warranty on our behalf and You should not rely on any such statement

Other Terms:

All other terms including terms such as User Registration, Privacy, User Responsibilities, Indemnification, Governing Law, Liability, Intellectual Property, Confidentiality and General Provisions etc. are deemed to be incorporated into these Terms of Use by reference to the General Terms.

 

Terms of Use – Stores

This document is an electronic record in terms of Information Technology Act, 2000 including any amendments thereof, from time to time, the rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

 

These Terms of Use – Stores (“Terms”) govern the information provided on the ‘Stores’ tab on the CLUBTYL  mobile application (“ Information”). The CLUBTYL  mobile application (“ CLUBTYL   App”) is being offered by CLUBTYL  Private Limited, a company incorporated under the Companies Act, 1956 with its registered office at CHATTISGADH

 

By accessing the ‘Stores’ tab on the CLUBTYL  App (“Stores”), you agree to be bound by these Terms. We may amend these Terms at any time by posting an updated version on CLUBTYL  website(s) and/or CLUBTYL    App. The updated version of these Terms shall take effect immediately upon posting. It is Your responsibility to review these Terms periodically for updates / changes, if any. Your continued use of  CLUBTYL  App following the posting of changes shall mean that You accept and agree to the revision(s)/modification(s).

 

Information on Stores

Based on Your location (as may have been allowed by You while accessing the CLUBTYL App in general or as indicated by You while on Stores in particular), CLUBTYL  , on Stores, provides You Information about nearby service providers (which without limitation includes shops, outlets, establishments and individuals and are hereinafter collectively referred to as “ Service Entities”) across categories such as grocery, healthcare, wellness, food, beverages, retail, shopping, entertainment, hotels, lodgings etc.

 

Except as expressly provided herein and to the full extent permitted by law, the Information about the Service Entities (including their product/service offerings, open/closed status, contact information, address, directions, payee details, photographs etc.), as declared/submitted by the Service Entities to CLUBTYL , and reviews/average ratings for the respective Service Entities as submitted by user(s) of CLUBTYL   mobile application, are displayed by  CLUBTYL  on Stores on “as is”, “as available” and “with all faults” and are meant for Your reference only

 

While accessing/using such Information on Stores, You shall exercise abundant caution and reasonable due diligence before (a) interacting with or providing Your information to (whether independently or through the chat feature enabled within Stores) or (b) purchasing/availing any product(s)/service(s) (including CLUBTYL   ATM service) from such Service Entities.

 

Disclaimers

You agree that all risks arising from usage of Information on Stores shall be borne by You and that You shall not hold CLUBTYL  liable with respect to the same in any manner whatsoever. Further, all disputes regarding the quality, merchantability, deficiency, non-delivery, delay in the delivery of the product(s)/service(s) shall be resolved directly between You and the Service Entities and that CLUBTYL   shall not be made a party to any of such disputes.

 

CLUBTYL  disclaims all warranties, express or implied, regarding the accuracy and genuineness of Information made available on Stores. CLUBTYL  does not authorise anyone to make any warranty on its behalf and You should not rely on any such statement. It is Your responsibility to evaluate the accuracy, completeness and usefulness of the Information made available on Stores.

The Service Entities shall not be considered as representing CLUBTYL   and the product(s)/service(s) provided by such Service Entities shall not be construed as product(s)/service(s) belonging to/provided by/facilitated by  CLUBTYL  in any manner whatsoever.

With respect to the CLUBTYL   ATM service CLUBTYL   shall not be responsible for any dispute between You and the respective Service Entities due to reasons, including, but not limited to, non-payment of amount by Service Entity, difference in amount paid, denomination related issue(s), counterfeit currency. You shall avail the same solely at Your own risk.

Miscellaneous

You agree to indemnify and hold CLUBTYL  , its affiliates, employees, directors, officers, agents and representatives, harmless, from any and all losses, damages, actions, claims and liabilities (including legal costs) which may arise, directly or indirectly, from any interaction with or purchase/availing of product(s)/service(s) from the Service Entities in any manner whatsoever.

 

In no event will CLUBTYL  be liable for any indirect, consequential, incidental, special or punitive damages, including without limitation damages for loss of profits or revenues, business interruption, loss of business opportunities, loss of data or loss of other economic interests, whether in contract, negligence, tort or otherwise, arising from the use of or inability to use the information provided, however caused and whether arising in contract, tort, negligence, warranty or otherwise.

 

If You have a dispute with the Service Entities, You release CLUBTYL   (including its affiliates and officers,

directors, agents, and employees thereof) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

 

These Terms shall be governed by the laws of India, without respect to its conflict of laws principles. Any claim or dispute between You and CLUBTYL  that arises in whole or in part from in relation to these Terms shall be decided exclusively by a court of competent jurisdiction located in Bangalore.

The CLUBTYL  Terms of Use and CLUBTYL  Privacy Policy shall be deemed to be incorporated into these Terms by reference.

SPECIAL NOTE :-  CLUBTYL  Terms and conditions are to be changed time to time with conditions and requirements ,new terms and conditions are  to be agreed upon by all CLUBTYL members and if any members don't agree for such terms and conditions or changes they can sign out or Delete their CLUBTYL account anytime .

 

स्पेशल नो :- CLUBTYL  के नियम और शर्तें समय-समय पर बदली जा सकती है , यह सभी नियम और शर्तें जो बदली जाएंगी सभी CLUBTYL  मेंबर को मानना अनिवार्य होगा ! किसी भी CLUBTYL  ेंबर को अगर यह नियम और शर्तें अगर मंजूर ना हो तो  वह किसी भी वक्त CLUBTYL  एप्लीकेशन को UNINSTALL कर ले सकते हैं और अपना अकाउंट डिलीट कर सकते हैं