This terms and conditions (Agreement) is a contract between you and BOI EazyPay for the usage of BOI EazyPay services and applies to your use of the BOI EazyPay Services. BOI EazyPay is a platform designed and owned by Bank Of India (BOI).
By registering for the BOI EazyPay Services, you must read, agree with and accept all of the terms and conditions contained in this Agreement. You agree that any use by you of the Services shall constitute your acceptance of the Agreement.
TechProcess has developed a new service delivery provision platform titled “BOI EazyPayTM” (hereinafter referred to as “BOI EazyPay”/ “BOI EazyPay Service” or “BOI EazyPay Programme”) wherein it has applied for the Trade Mark in various classes with the Trade Mark Registry.
To begin with, BOI EazyPay will be offered by BOI and/or allied card networks and other payment schemes, that enables an individual to send money directly from his/her bank account through an authorised payment mode to another person's bank or card account/wallet quickly and securely. BOI EazyPay Service is offered by BOI and TechProcess is its technology and payment processing partner powering BOI EazyPay Service.
This allows enabling the following innovative service offering to individuals, namely:
- Bill Payments
- Personal Payments (Person-to-Person)
- Merchant Payments
“BOI EazyPay” in partnership with Banks and card network schemes shall enable an individual to send money directly from his bank account or card account/wallet through an authorised payment mode to another person's bank or card account/wallet.
"Agreement" means this agreement including all subsequent amendments.
"Business Days" means a day (as defined under the Negotiable Instruments Act, 1881) on which banks in India are open for business.
"Days" means calendar days.
"Eligible Transaction Account" is a transaction account from which your payments will be debited or to which payments and credits to you will be credited. An Eligible Transaction Account may include but not limited to a Bank account, Debit card, Credit card, Prepaid card, wallet, smart card etc. or any such instruments including online account as long as it complies with regulatory requirements.
"BOI EazyPay website(s) https://www.Paynimo.com/BOIEazyPay operated by TPSL
"Policy" or "Policies" means any Policy or other agreement between you and BOI EazyPay that you entered into on the BOI EazyPay’s website(s), or in connection with your use of the Services.
"Payment Instruction" is the information provided by the Sender for a payment to be made to a Recipient (such as, but not limited to, recipient name, mobile telephone number, email address, and bank account information).
“Payment Network” means a debit or credit network through which funds may be transferred.
“BOI EazyPay Request” means a request initiated by a Requestor to an individual to initiate a Payment Instruction through the BOI EazyPay Service.
“Sender” means a person who sends or wishes to send money to a Recipient’s valid bank, card account or wallet or any such recognized payment mode.
“Recipient” means a person to whom sender intends to pay and who has a valid bank, card account or wallet or any such recognized payment mode.
“Requestor” means a person who requests or initiates a request for money from the sender into this/her valid bank, card account or wallet or any such recognized payment mode.
“Beneficiary account” means an account provided by the recipient to whom the fund is to be remitted.
“Subscriber” means a person who has registered for BOI EazyPay services.
"Customer" means a sender, recipient, subscriber or a requestor.
"Services" means all payment transfer services and allied services available through the BOI EazyPay website(s).
"User," "you" or "your" means you and any other person or entity entering into this Agreement with us or using the Service.
Description of Service.
The Service allows individuals to transmit funds from or receive funds into Eligible Transaction Accounts. BOI EazyPay is an easy to use personal payment platform. Send, receive or request money by using the other person’s email ID or mobile number. With BOI EazyPay there is no need to send cash or cheques by courier or post.
BOI EazyPay facilitates sending money using your Debit card and recipient can receive money into any debit or credit card. The registration process allows you to create a secure login ID and password and registers your debit /credit cards using the 3D secure authentication mechanism which is mandatory for online card based transactions. When registered, one can send or request money to or from another person using their email ID or a mobile number.
An invitation code is generated by the system when you are transacting with someone for the first time. With the BOI EazyPay service platform, this system generated code helps to establish trust between you and the person who is to receive your money. You will receive this code and you will have to share it offline with the intended person.
Sending money - To send money to anyone, enter the recipient's e-mail address or mobile phone number, the payment amount, and a personal message you’ll send to the recipient, then follow the instructions to complete the payment. The recipient will receive an e-mail or text message with instructions explaining how they can accept the payment. The recipient then enters a confirmation number and/or e-mail address or mobile phone number, and bank account information to accept the payment. Funds will be automatically debited from your account and then credited to the recipient's account.
Requesting money - To request a payment, enter sender's e-mail address or mobile phone number, the payment amount, and a personal message you’ll send to the sender, then follow the instructions to complete the payment. The sender will receive an e-mail or text message with instructions on how they can complete the payment. The sender then enters a confirmation number and/or e-mail or mobile phone number, and bank account information to make the payment. Funds will be automatically debited from the sender's account and credited to your account.
Payment Authorization and Payment transfer
(a) By providing us with names and telephone numbers, email addresses and/or bank account information of Recipients to whom you wish to direct payments, you authorize us to follow the Payment Instructions that we receive through the Service.
(b) When we receive a Payment Instruction from you, you authorize us to debit your Eligible Transaction Account and transfer funds on your behalf. You also authorize us to credit your Eligible Transaction Account for the receipt of payments, including but not limited to those payments returned to us from Recipients to whom you sent payment(s) or cancelled and returned to you because the processing of the Payment Instruction could not be completed.
(c) You acknowledge and agree that if your Payment Instructions identify an account by name and account number, the relevant financial institution may execute those Payment Instructions by reference to the account number only, even if such account number does not correspond to the account name. You further acknowledge and agree that financial institutions holding the account may choose to not investigate discrepancies between account names and account numbers and that we have no responsibility to investigate discrepancies between account names and account numbers.
(d) You agree that we will not be liable in any way for any payments that you may receive, regardless of whether you authorized the Sender to send them to you.
(e) We will use reasonable efforts to complete all your Payment Instructions properly. However, we shall incur no liability if we are unable to complete any transaction because of the existence of any one or more of the following circumstances:
i) If, through no fault of ours, the Eligible Transaction Account does not contain sufficient funds/credit to complete the Payment Instruction or the Payment Instruction would exceed the credit limit of your overdraft account;
ii) The Service is not working properly and you know or have been advised by us about the malfunction before you execute the Payment Instruction;
iii) The payment is refused by your bank/Issuer/card network schemes or any other service provider for whatever reasons;
iv) You have not provided us with the correct information, including but not limited to the correct Payment Instructions or Eligible Transaction Account information, or the correct name and address or mobile phone number or email address of the Recipient to whom you are initiating a Payment Instruction; and/or
v) Circumstances beyond our control (such as, but not limited to, fire, flood, network or system down time, issues with the bank and or financial institution or interference from an outside force) which prevent the proper execution of the Payment Instruction.
vi) It is the responsibility of the Sender and the Recipient to ensure the accuracy of any information that they enter into the Service (including but not limited to the Payment Instructions and name, address, telephone number and/or email address for the Recipient to whom you are attempting to send the Payment Instruction), and for informing us as soon as possible if they become aware that this information is inaccurate. We will make a reasonable effort to stop or recover a payment made to the wrong person or entity once informed, but we do not guarantee such stoppage or recovery and will bear no responsibility or liability for damages resulting from incorrect information entered by the Sender or Recipient.
Initiation of Payment transfer Instructions
You understand and agree that when you initiate a Payment Instruction from an Eligible Transaction Account using the Service, the processing of the Payment Instruction will begin and the debiting of your Eligible Transaction Account will occur as early as the day of such initiation. However, the payment funds will be endeavoured to be transferred into the Recipient's Eligible Transaction Account at the earliest or instantly but however not later than the next 3 Business Day after you initiated the Payment Instruction subject to receipt of proper funds into Nodal from the sender’s eligible account.
As a Recipient, you understand and agree that there may be a delay between the time you are notified of the pending Payment Instruction and the deposit of the Payment funds into your Eligible Transaction Account, and you may be required to take additional steps to facilitate the deposit of the Payment of funds into your Eligible Transaction Account. You authorize us to send emails to you in connection with the Sender's initiation of Payment Instructions to you. You acknowledge and agree that in the event that funds are transferred into your Eligible Transaction Account as a result of a Payment Instruction and it is determined that such transfer was improper because it was not authorized by the Sender, there were insufficient funds in the Sender's account, or for any other reason, then you hereby authorize us to withdraw from your Eligible Transaction Account an amount equal to the amount of funds improperly transferred to you.
We reserve the right to refuse to pay any Recipient. We will notify the Sender as soon as possible if we decide to refuse to pay a Recipient designated by the Sender. This notification is not required if you attempt to make a prohibited Payment under this Agreement.
Payment Cancellation, Stop Payment Requests and Refused Payments
Sender may cancel the initiation of a Payment Instruction or stop a Payment Instruction at any time until the processing of the Payment Instruction into the Recipient’s Eligible Transaction Account has begun. Our ability to stop a Payment Instruction or recover funds associated with an unauthorized Payment Instruction will depend on the manner in which the Payment Instruction was initiated, and whether the Payment Instruction to the Recipient’s Eligible Transaction Account has begun processing. Although we will make a reasonable effort to accommodate a stop payment request and to recover funds associated with an unauthorized Payment Instruction, we will have no liability for failing to do so. We may also require you to present your stop payment request or request to recover funds in writing within three (3) days after contacting us. The charge for each stop payment or fund recovery request will be the current charge for such stop payment or funds recovery service as set out in the applicable fee schedule or as disclosed through the Site. Payments not claimed by a Recipient will be automatically cancelled three (3) days after the processing of the payment begins. When a Sender initiates a Payment Instruction, the Recipient is not required to accept the payment. You agree that you as a Sender will not hold us liable for any damages resulting from a Recipient’s decision to accept or not to accept a payment initiated or attempted through the Service. We will, to the extent permitted by law, make reasonable attempts to return any unclaimed, refused, refunded, prohibited, or denied payment to your Eligible Transaction Account or use other reasonable efforts to return such payment to you as permitted by law.
We reserve the right to refuse to pay any Recipient either on our judgement or at the behest of the bank/Issuer/financial institution/sender. We will attempt to notify the Sender as soon as possible if we decide to refuse to pay a Recipient designated by the Sender. This notification is not required if you attempt to make a prohibited payment under this Agreement.
In using the Service, you understand that Recipients may reject payments or otherwise return payment. In such event the funds, if received in the Nodal bank shall be remitted back to sender within 3 business days post clear receipt of funds and proper reconciliation. BOI EazyPay reserves the right to levy any additional fee or charge in case of such returned payments.
The Service is only available to individuals who are: (i) at least 18 years of age; resident of India and (ii) the primary cardholder or authorized user of one or more Eligible Cards issued by any of the Banks in India, and in good standing with respect to their Eligible Card accounts. BOI EazyPay, may at its sole discretion change the eligibility criteria from time to time.
Registration and Account Security
In order to enrol in Service, you are required to register for an Account. If you choose to register for an Account, you agree to provide us with true, accurate, current and complete information about yourself and update us if there are changes to the information. You acknowledge and agree that BOI EazyPay will have no liability associated with or arising from your failure to maintain accurate registration information, including your failure to receive important information and updates about the Service. If BOI EazyPay has reasonable grounds to suspect that any information you provided to us is untrue, inaccurate or incomplete, BOI EazyPay may suspend or terminate your Account and refuse any and all current or future use of the Service (or any portion thereof) by you.
As a part of your Account registration, you may be required to establish a username, password and responses to a selection of security questions or any other security features. These pieces of data are used to authenticate you when you use the Service. They act as your signature. For your protection, you should memorize your username, password and responses to your security questions and not keep notation of them on or with your personal computer, tablet, mobile device or other device used to access the Service. You are responsible for protecting the confidentiality of your username and password. It is important that you do so since we are not responsible for any losses you incur as a result of unauthorized use of your Account and, depending on the circumstances, your Issuer may hold you responsible for unauthorized use of your Eligible Card account. You agree to notify BOI EazyPay immediately of any unauthorized use of your user name or password, or any other actual or potential security breach relating to your Account.
You are responsible for all use of your Account and for ensuring that use of or access to your Account complies fully with these Terms. You acknowledge and agree that any use of the Service occurring through your current username and password shall be deemed to be your actions and that the service may rely upon such actions.
Limitations on Use.
You agree that you are independently responsible for complying with all applicable laws in all of your activities related to your use of the Service, regardless of the purpose of the use, and for all communications you send through the Service. We have the right, but not the obligation, to monitor and remove communications content that we find in our sole discretion to be objectionable in any way.
We may block or reverse Payments in our sole discretion. In no event shall we or our independent contractors or other third parties to whom we assign or delegate rights or responsibilities be liable for any claims or damages resulting from your scheduling of prohibited Payments. We have no obligation to research or resolve any claim resulting from a prohibited Payment. All research and resolution for any misapplied, mis-posted or misdirected prohibited Payments will be your sole responsibility and not ours.
You may only create one account for use of the Service. All transactions are in Indian Rupees. You may not use the Service if you are not a resident of India.
BOI EazyPay relationship with You
BOI EazyPay helps you make payments to and accept payments from third parties and pay bills using your existing bank accounts. BOI EazyPay does not have control of, or liability for, the products or services that are paid for with this service. BOI EazyPay does not guarantee the identity of any recipient or ensure that a recipient will complete a transaction.
You may view your transaction history by logging into your BOI EazyPay login account and looking at your Account History. However, these transactions history are only for indicative purposes, for actual transactions please refer to your bank statements.
BOI EazyPay may refuse creating duplicate accounts for the same user due to security and client identification requirements. BOI EazyPay reserves the right to refuse the creation of duplicate accounts for the same user due to security and client identification requirements. In a case where duplicate accounts are detected, BOI EazyPay reserves the right to close or merge these duplicate accounts without notification.
Certain Services may be subject to additional terms, conditions or policies specific to the Service ("Service Terms"). Applicable Service Terms will be provided to you prior to your use of the Service that requires such additional terms. Unless otherwise expressly noted, all Service Terms are incorporated by reference into these Terms and form part of these Terms. If there is a conflict between these Terms and any Service Terms, the Service Terms will control solely with respect to that Service.
Not all Services may be available to all Accounts or Eligible Cards. Furthermore, BOI EazyPay may, in its sole discretion, remove Eligible Cards from Accounts or prevent Eligible Cards from being enrolled in an Account, and BOI EazyPay may also revise at any time the eligibility of specific or general debit and prepaid cards and other cards or payment methods that constitute Eligible Cards.
BOI EazyPay grants to you a limited, revocable, non-exclusive, non-sub licensable and otherwise non-transferable license to use the Services and the Website for your own personal and non-commercial use strictly in accordance with these Terms, provided this does not prohibit you from using Eligible Cards stored in connection with the BOI EazyPay Service for business purposes. BOI EazyPay may in its sole discretion suspend, discontinue or terminate this license at any time, for any reason. All rights not expressly granted to you are reserved by BOI EazyPay.
You agree that you will comply with all applicable laws, rules and regulations and other legal requirements that relate to your use of service. In addition, you agree:
- not to use service in breach of these Terms;
- not to disrupt or interfere with the security or operation of, or otherwise abuse, or any part of service;
- not to attempt to obtain unauthorized access to the service or portions of service that are restricted from general access;
- not to use service in any manner that could be deemed false and/or defamatory, abusive, vulgar, hateful, harassing, obscene, profane, threatening, invasive of a person's privacy, or in violation of any third party rights;
- not to reproduce the service in any form, or store or incorporate any information retrieval system, electronic, mechanical or otherwise.
- not copy, emulate, clone, rent, lease, sell, commercially exploit, modify, decompile, disassemble, distribute, reverse engineer or transfer the service or any portion thereof;
- not use any device, software or routine to interfere or attempt to interfere with the proper working of service and or take any action that imposes an unreasonable or disproportionately large burden on the service System, as determined by BOI EazyPay in its sole discretion; and
to comply with any other requirements, restrictions or limitations imposed by BOI EazyPay or by your Issuer from time to time.
These Terms do not amend or otherwise modify the cardholder agreement or any other terms and conditions of your Issuer. In the event of any inconsistency between these Terms and your cardholder agreement with your Issuer, these Terms govern as to the relationship between you and BOI EazyPay solely with respect to the service and your cardholder agreement with your Issuer governs as to the relationship between you and your Issuer. You are responsible for ensuring that your use of the Services complies with your cardholder agreement with your Issuer.
Charges, Fees and Taxes
You are solely responsible for acquiring any hardware, devices, software, wireless and Internet access, other items required for you to use or access the service, and any associated fees, expenses or other charges. You are also solely responsible for any interest, fees, charges or expenses of the Issuer of any Eligible Cards you are using in connection with the Services and for any taxes or tax reporting obligations in connection with your use of the Services.
It is your responsibility to determine what, if any, taxes apply to the transactions you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. We are not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction.
Protecting your privacy is very important to BOI EazyPay. Your credentials are stored on BOI EazyPay servers in encrypted form. We do not disclose your account details, postal or email addresses to anyone except for meeting transaction requirements and/or when legally required to do so.
Sensitive information between your browser and BOI EazyPay website is transferred in encrypted form using Secure Socket Layer (SSL). TPSL is PCI-DSS certified and is compliant.
We may allow you to utilize one or more methods of communication to share and spread the message about service, which methods may include email and social networking platforms (collectively, "Social Media"). If you choose to use Social Media, you are solely responsible for ensuring that your use complies with all applicable laws, rules and regulations, these Terms, and any terms, conditions and restrictions of the particular Social Media.
All ownership rights in BOI EazyPay Service, including Content, is retained by BOI EazyPay and protected under applicable copyrights, trademarks and other proprietary (including, intellectual property) rights and international treaties. All rights not expressly granted to you through these Terms are retained by BOI EazyPay, its affiliates and their licensors. Nothing in these Terms grants to you any right to use any of BOI EazyPay, its affiliates' or any other third parties trademarks, service marks, logos etc.
Third Party Websites, Content and Resources
The service may permit you to link to or access direct connections to third party websites, content and resources, including, Social Media. You acknowledge that BOI EazyPay has no control over any such websites, content or resources, which are made available by companies or persons other than BOI EazyPay. You acknowledge and agree that BOI EazyPay is not responsible for the availability of any such websites, content or resources. You further acknowledge that BOI EazyPay is not liable to you for any loss or damage which may be incurred by you as a result of these third party websites, content or resources, including losses or damages suffered in connection with usage of the services.
BOI EazyPay may, from time to time, announce certain offers with intent to promote its Website and/or Services (Promotional Offers). The Promotional Offer(s) would always be governed by these Terms plus certain additional terms and conditions, if any prescribed. The said additional terms and conditions, if prescribed, would be specific to the corresponding Promotional Offer only and shall prevail over these Terms, to the extent they may be in conflict with these Terms. BOI EazyPay reserves the right to withdraw, discontinue, modify, extend and suspend the Promotional Offer(s) and the terms governing it, at its sole discretion.
Modification of These Terms; Termination
If you do not agree with any of these Terms, you must not use the service. BOI EazyPay reserves the right, in its sole discretion, to modify these Terms at any time with or without further notice to you. We will always post the most recent version of these Terms at the Website. BOI EazyPay may change these Terms by posting a new version at the Website, without specific notice to you, so please continue to review these Terms from time to time.
BOI EazyPay may suspend, discontinue or terminate your access to or use of service at any time, immediately and without prior notice or obligation to you, (i) if you violate any of these Terms, or (ii) for any other reason, in BOI EazyPay’s sole discretion. Upon any discontinuance or termination of your use of service, you must uninstall any service related software, if any, and promptly destroy all Content obtained through the service, as well as any copies of such Content. You agree that BOI EazyPay shall not be liable to you for any suspension, discontinuance, termination, change or modification of your use of or access to the Service. Upon termination, you remain liable for all payments and other obligations you have incurred under these Terms.
How to Notify Us of Unauthorized access
You agree to notify us immediately if you believe your user name, password, or any login credentials has become known or an unauthorized transaction has occurred involving your BOI EazyPay Account.
You must include the following information: Your name and Account number; a description of the error, loss and/or transaction that you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information; and, the transaction amount of the suspected error or unauthorized transaction. If you tell us orally, we may require that you send us your complaint or question in writing within three (3) Business Days.
If we do not complete a Transfer to or from your Account, on time or in the correct amount, according to our agreement with you when you have properly instructed us to do so, we will be liable to you to the extent of transaction amount provided the amount is received as a credit in the nodal account and not yet remitted. However, there are some exceptions. We will NOT be liable, for instance:
- If, through no fault of ours, you do not have enough money in your Account to make a transfer.
- If a legal order directs us to prohibit withdrawals from the Account.
- If your Account is closed, or if it has been frozen.
- If you, or anyone authorized by you, commits any fraud or violates any law or regulation.
- If any electronic terminal, telecommunication device, or any part of the electronic fund transfer system is not working properly and you knew about the problem when you started the Transfer.
- If you have not properly followed the on-screen instructions for using BOI EazyPay services.
- If circumstances beyond our control (such as fire, flood, interruption in telephone service or other communication lines) prevent the Transfer, despite reasonable precautions that we have taken.
- In addition, we will not be liable to you if you fail to correctly identify by name and e-mail address or mobile number of a recipient of the transfer. We may rely upon the e-mail address or mobile number to make payment, even if it identifies a financial institution, person or account other than the party named as the intended recipient.
You are responsible for ensuring the payment details you provide are accurate. Once payment instructions have been executed by BOI EazyPay service, transactions cannot be reversed and BOI EazyPay will not be liable in any way for any loss you suffer as a result of a transaction being carried out in accordance with your instructions.
In the unlikely event that you notice an error in either the payment sent or received as a result of using the Services, then you should immediately notify us using the “contact us” tab on the site. If you become aware that you have received a payment over and above what you were expecting, you must immediately notify us of this so that arrangements can be made for you to immediately return any overpayment.
You agree not to use the Services for any unlawful activity and BOI EazyPay reserves the right to investigate any suspicious activity or in response to any complaints or reported violations. When investigating any such activity, BOI EazyPay reserves the right to report suspected unlawful activity to any appropriate person or body and to provide them with any relevant information, including personal data.
Service Fees and Additional Charges
You understand and agree that you are responsible for paying all fees associated with your use of the Service. Applicable fees will be disclosed in the user interface for, or elsewhere within, the Service or Site. You further acknowledge and agree that any applicable fees will be charged regardless of whether the payment instruction is completed, unless the failure to complete the payment transfers is solely due to our fault, except for those fees that may specifically use-based. There may be a charge for additional transactions and other optional services. You agree to pay such charges and authorize us to deduct the calculated amount from your designated Eligible Transaction Account for these amounts and any additional charges that may be incurred by you. Any financial fees associated with your standard Bank/Issuer card accounts (or other Eligible Transaction Accounts) will continue to apply. You are responsible for any and all telephone access fees and/or Internet service fees that may be assessed by your telephone and/or Internet service provider.
The following types of payments are prohibited through the Service, and we have the right but not the obligation to monitor for, block, cancel and/or reverse such payments:
(a) Payments that violate any law, statute, ordinance or regulation; and
(b) Payments that violate the Acceptable Use terms as per this Agreement; and
(c) Payments related for use towards/to: (1) tobacco products, (2) prescription drugs and devices; (3) narcotics, steroids, controlled substances or other products that present a risk to consumer safety; (4) ammunition, firearms, or firearm parts or related accessories; (5) weapons or knives regulated under applicable law; (6) goods or services that encourage, promote, facilitate or instruct others to engage in illegal activity; (7) goods or services that are sexually oriented; (8) goods or services that promote hate, violence, racial intolerance, or the financial exploitation of a crime; (9) goods or services that defame, abuse, harass or threaten others; (10) goods or services that include any language or images that are hateful, racially offensive, vulgar, obscene, indecent; (11) goods or services that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction; and
(d) Payments related to gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to rummy, casino games, sports betting, horse racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined) and sweepstakes; and
(e) Payments relating to transactions that
(1) support pyramid, or ponzi schemes, matrix programs, other “get rich quick” schemes or multi-level marketing programs,
(2) are associated with off-shore banking or transactions to finance or refinance debts funded by a credit card,
(3) constitute money-laundering or terrorist financing;
(4) are associated with the following “money service business” activities: the sale of traveler’s checks or money orders, currency dealers or exchanges or check cashing, or
(5) provide credit repair or debt settlement services;
In no event shall BOI EazyPay or its independent contractors or other third parties to whom we assign or delegate rights or responsibilities be liable for any claims or damages resulting from your scheduling of prohibited payments. We have no obligation to research or resolve any claim resulting from a prohibited payment. All research and resolution for any misapplied, misposted or misdirected prohibited payments will be your sole responsibility and not ours. We encourage you to provide notice to us by the methods described herein of any violations of this section or the Agreement generally.
Text Messages, Calls and/or Emails to You
Your Liability For Unauthorized Transfer
Immediately following your discovery of an unauthorized Payment Instruction, you shall communicate with us in the manner set forth herein as per the Agreement. You acknowledge and agree that time is of the essence in such situations. You agree and acknowledge that you shall be liable for any such loss, damage to you and BOI EazyPay shall not be held liable in any event.
Address or Banking Changes
It is your sole responsibility and you agree to ensure that the contact information in your user profile is current and accurate. This includes, but is not limited to, name, physical address, phone numbers and email addresses. Changes can be made within the user interface of the Service. We are not responsible for any payment processing errors or fees incurred if you do not provide accurate Eligible Transaction Account, Payment Instructions or contact information.
Telecommunication/internet device Users
Your phone service provider is not the provider of the Service. Users of the Service will receive text messages related to your Payment Instructions and other notices from time to time if a mobile phone number is provided. Data and messaging charges from your telecommunications provider may apply, and you are responsible for any such charges. In the event your enrolled mobile device is lost or stolen, you agree to update your enrolment information and make the appropriate changes to disable the use of such device. You understand that there are risks associated with using a mobile device, and that in the event of theft or loss, your confidential information could be compromised. You can’t claim all such calls or text messages as unsolicited calls and we shall not be liable if you don’t receive any such messages or calls on your communication device for reasons such which may be due to your registration under “do not disturb” facility etc.
Service Termination or Suspension
You agree that we may terminate or suspend your use of the Service at any time and for any reason or no reason. Neither termination nor suspension shall affect your liability or obligations under this Agreement.
Errors, Questions, and Complaints
In case of errors or questions about your transactions, you should as soon as possible contact us using the “contact us” tab as set forth in the site.
BOI EazyPayTM is a trademark owned by BOI EazyPay for which it has made an application. Other marks and logos used with the Service may be trademarks and/or service marks of us or our licensors or Affiliates. In addition, all page headers, custom graphics, button icons, and scripts may be our service marks, trademarks, and/or trade dress of us or those of our Affiliates or licensors. You should not copy, imitate, or use any of the above without our prior written consent, which we may withhold in our sole discretion, and you may not use them in a manner that is disparaging to us or the Service or display them in any manner that implies our sponsorship or endorsement. All right, title and interest in and to the Service, the portion of the Site through which the Service is offered, the technology related to the Site and Service, and any and all technology and any content created or derived from any of the foregoing, is our exclusive property. Moreover, any suggestions, ideas, notes, drawings, concepts, or other information you may send to us through or regarding the Site or Service shall be considered an uncompensated contribution of intellectual property to us, shall also be deemed our exclusive intellectual property, and shall not be subject to any obligation of confidentiality on our part. By submitting any such materials to us, you automatically grant (or warrant that the owner of such materials has expressly granted) to us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed, and you warrant that all so-called "moral rights" in those materials have been waived, and you warrant that you have the right to make these warranties and transfers of rights.
Links to other sites may be provided on the portion of the Site through which the Service is offered for your convenience. By providing these links, we are not endorsing, sponsoring or recommending such sites or the materials disseminated by or services provided by them, and are not responsible for the materials, services or other situations at or related to or from any other site, and make no representations concerning the content of sites listed in any of the Service web pages. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in sites listed in any search results or otherwise linked to the Site. For example, if you "click" on a banner advertisement or a search result, your "click" may take you off the Site. This may include links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding agreement. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers on the Site may send cookies to users that we do not control. You may link to the home page of our Site. However, you may not link to other pages of our Site without our express written permission.
Password and Security
If you are issued or create any password or other credentials either at Paynimo site to access the Service or the portion of the Site through which the Service is offered, you agree not to give or make available your password or credentials to any unauthorized individuals, and you agree to be responsible for all actions taken by anyone to whom you have provided such credentials. If you believe that your credentials have been lost or stolen or that someone may attempt to use them to access the Site or Service without your consent, you must inform us at once at the telephone number provided in the “contact us” tab on the site. Any liability occurred shall be purely at your own risk and BOI EazyPay shall in no way be liable or held responsible.
If we have reason to believe that you have engaged in any of the prohibited or unauthorized activities described in this Agreement or have otherwise breached your obligations under this Agreement, we may: terminate, suspend or limit your access to or use of the Site or the Service; notify law enforcement, regulatory authorities, impacted third parties, and others as we deem appropriate; refuse to provide our services to you in the future; and/or take legal action against you. In addition, we, in our sole discretion, reserve the right to terminate this Agreement, access to the Site and/or use of the Service for any reason or no reason and at any time. The remedies contained in this Section are cumulative and are in addition to the other rights and remedies available to us under this Agreement, by law or otherwise.
Disputes & Arbitration
In the event of a dispute regarding the Service, you and we agree to resolve the dispute by looking to this Agreement. In the event of non resolution, both the parties agree for arbitration to be settled by a sole arbitrator to be appointed by BOI EazyPay, in accordance with the provisions of the Arbitration and Conciliation Act, 1996, or amendment thereto. The venue for arbitration shall be Mumbai. The arbitral procedure shall be conducted in the English language and any award or awards shall be rendered in English.
Exclusions of Warranties
THE SITE AND SERVICE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT. IN PARTICULAR, WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ANY PART OF OUR SERVICE, AND OPERATION OF OUR SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL.
Limitation of Liability
IN NO EVENT SHALL WE OR OUR AFFILIATES OR LICENSORS OR CONTRACTORS OR THE EMPLOYEES, DIRECTORS, SHAREHOLDERS OR CONTRACTORS OF ANY OF THESE BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE OR THE PORTION OF THE SITE THROUGH WHICH THE SERVICE IS OFFERED. BOI EazyPay’S AGGREGATE LIABILITY AND THE AGGREGATE LIABILITY OF OUR AFFILIATES AND LICENSORS AND CONTRACTORS AND THE EMPLOYEES, DIRECTORS, SHAREHOLDERS AND CONTRACTORS OF EACH OF THESE, TO YOU AND ANY THIRD PARTY FOR ANY AND ALL CLAIMS OR OBLIGATIONS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE TRANSACTION AMOUNT OR A MAXIMUM OF INR 1,000/- (RUPEES ONE THOUSAND ONLY) WHICEVER IS LOWER.
You agree that BOI EazyPay may provide you with notices and other disclosures in connection with the service by email, postings on the Website or other forms of electronic communications. All electronic communications from us to you shall be deemed to be communications "in writing" and deemed delivered to you no later than the earlier of the date actually received or 3 days from the date of posting or dissemination.
Our failure or delay to exercise or enforce any provision or right contained in these Terms shall not be deemed a waiver of such provision or right.
You and BOI EazyPay agree that if any provision of these Terms are deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Headings and captions are for convenience only and shall not be considered included for purposes of interpretation. Words such as "hereof," "herein," and "hereunder" shall mean and refer to all these Terms, rather than any particular part of the same. The term"including" shall mean "including, without limitation". Whenever used herein, the singular shall include the plural, the plural shall include the singular, and the use of any gender shall be applicable to all genders.
Relationship of the Parties
Nothing in these Terms will be construed as creating a joint venture, partnership, employment or agency relationship between you and BOI EazyPay, and you do not have any authority to create any obligation or make any representation on BOI EazyPay behalf.
To the greatest extent permitted by applicable law, you agree to indemnify, defend and hold harmless BOI EazyPay, its Parties from any loss, liability, claim, or demand, including costs and reasonable attorneys' fees, due to, in connection with or arising out of your breach of these Terms.
To the fullest extent permitted by law, you and BOI EazyPay agree that: (i) any disputes, claims or causes of action arising out of or in connection with these Terms or by using BOI EazyPay Services will be governed by and construed under the laws of India and any disputes, claims or causes of action arising out of or in connection with these Terms or services shall be resolved exclusively within the courts of Mumbai.
You may not assign these Terms, by operation of law or otherwise, without BOI EazyPay prior written consent. BOI EazyPay reserves the right to assign these Terms, and the rights and obligations hereunder, to any third party without notice to or consent from you. Subject to the foregoing, these Terms will be binding on, inure to the benefit of, and be enforceable against you and your respective successors and assigns.
Events Outside Of Our Control
We will not be liable or responsible for any failure or delay in providing the Services that is caused by events outside of our control, including but not limited to failures or delays caused by a lack of, or slow access to the Internet, hacking, malware, flood, fire, War, Terrorist attack etc.
By accepting this Agreement and by using Services, you agree to all the terms, conditions and notices contained in this Agreement and accept responsibility for your use of Services. Please read this Agreement carefully before accepting. We may amend these terms, and modify or cancel services and features we offer, from time to time without notice, except as may be required by law.
Any Account accessed through this service may be subject to Know Your Customer guideline and Disclosure, which you should review carefully, as it may include transaction limitations and fees which might apply to your use of services.
This Agreement and any document expressly referred to in it constitutes the whole agreement between us and supersedes any previous discussions, correspondence, arrangements or understandings between us.