TERMS AND CONDITIONS
"ONUS PREPAID CARD"
The terms and conditions (hereinafter referred to as "Terms and Conditions"), including all agreements and policies referenced in these Terms and Conditions or otherwise applicable to the use of specific features of the "Onus Prepaid Card" which are required to be agreed to and accepted before the use of such specific features, specified below govern and constitutes the entire arrangement and/or conditions in relation to the "Onus Prepaid Card", that we may agree to provide to you from time to time.
By completing the sign-up process for availing the "Onus Prepaid Card", you are deemed to have expressly read, understood and accepted each and every term when you use the website: www.onuscards.com and related services. You agree to be bound by these Terms and Conditions and other specific rules and procedures as determined or as may be amended at the sole discretion of the Company.
1. DEFINITIONS AND INTERPRETATION
"Applicable Law" includes all applicable Indian statutes, enactments, acts of the state legislature or parliament, laws, ordinances, rules, bye-laws, regulations, notifications, guidelines, directions, directives and orders of any governmental authority, statutory authority, board, recognised stock exchange, as may be applicable including but not limited to Guidelines on Managing Risks and Code of Conduct in Outsourcing of Financial Services by Banks, Business Correspondent Guidelines issued by RBI from time to time, Payment & Settlement Systems Act, 2007, Payment & Settlement Systems Regulations, 2008, Policy Guidelines on Issuance and operation of Pre-paid Payment Instruments in India, and any other guideline in relation to pre-paid cards issued from time to time by Reserve Bank of India and in each case, any implementing regulation or interpretation issued there under including any successor Applicable Law;
"Applicant" shall mean any individual person above the age of 18 years, who is a student of the college or university which has a contractual arrangement with the Company;
"Bank" shall mean YES Bank Limited, a company incorporated and registered under the Companies Act 1956 and a banking company within the meaning of section 5(c) of the Banking Regulation Act, 1949 and having its registered office at Nehru Centre, 9th Floor, Discovery of India, Worli, Mumbai 400 018;
"Company" shall mean Onus Payment Systems India Pvt Ltd, a company incorporated under the Companies Act, 1956, having its Registered Office at #118, FF, The Arcade @ The Brigade Metropolis, Mahadevpura Main Road, Bangalore -560048 and engaged in the business of enabling payments using stored value cards;
"Customer" shall mean an Applicant who upon submission of the requisite details or documents, as mentioned herein, is found eligible by the Company to avail the Onus Prepaid Card from the Company pursuant to the Guidelines issued by RBI, from time to time;
"Governmental Authority" means any nation, state, sovereign, or government, any federal, regional, state, local or political subdivision and any entity exercising executive, legislative, judicial, regulatory or administrative functions of or pertaining to government, constitutionally established and having jurisdiction over any of the Parties (to the extent relevant to the transactions contemplated hereby) or the assets or operations of any of the foregoing or the transactions contemplated hereby;
"INR" or "RS" means Indian Rupees, the lawful currency of the Republic of India;
"Intellectual Property" shall mean all intellectual property used for the purpose of or in association with or in relation to Onus Prepaid Card being provided by the Company or the Bank and includes without limitation, (a) Software, operating manuals, software code, program, instructions, specifications, processes, input methods, data or information used in relation to, in association with or for the operation of the software installed by Company ; (b) the trademarks, service marks, trade names, business names, logos, symbols, styles, colour combinations used by Company or the Bank during the course of its business and all depictions, derivations and representations thereof; (c) all promotional material including without limitation, advertisements, literature, graphics, images, content and the 'look and feel' of all of the above; and (d) all techniques, formulae, patterns, compilations, processes, inventions, practices, methodology, techniques, improvement, utility model, procedures, designs, skills, technical information, notes, experimental results, service techniques, samples, specifications of the products or services, labelling specifications, rights on software, and any other knowledge or know-how of any nature whatsoever;
"KYC Guidelines" of "KYC" shall mean the Know Your Customer ("KYC") Guidelines, as set forth by Governmental Authority including RBI;
"Person" shall mean any individual (including personal representatives, executors or heirs of a deceased individual) or legal entity, including but not limited to, any partnership, joint venture, corporation, trust, unincorporated organisation, limited liability company, limited liability partnership or Governmental Authority;
"RBI" shall mean the Reserve Bank of India;
"POS" shall mean Point of Sale Machines, machines which are used for Onus Card acceptance;
"POS Outlet" shall mean any place with the college or university where the Customer can use or utilize the Onus Prepaid Card being provided by the Company;
"Software" shall include custom built software that is owned by Company, or software that has been licensed from third party suppliers by Company and in relation to which Company has obtained the right to sub license from such third party suppliers, as modified/ replaced from time to time, that enables Retail Partner to utilize Company Services on communication devices such as computers, mobile phones and other handheld wireless devices etc. as identified by Company from time to time;
"Tax" or "Taxes" shall mean any and all taxes, cess, levies, imposts, duties, charges, deposits, fees, deductions or withholdings that are, or that are to be, imposed, levied, collected, withheld or assessed, together with any and all interest, penalties, claims or other liabilities arising under or relating thereto;
"Transaction" shall mean those transactions that have been initiated by the Consumer vide their Onus Prepaid Card at the POS Outlets for availing various goods and services;
2. TERMS & CONDITIONS:
a) Any Applicant desirous to avail the Onus Prepaid Card from the Company/Bank may apply to the Company along with
(i) filled in application form or such other documents or details as may be prescribed by the Company/Bank, from time to time.
b) The issuance and use of the Onus Prepaid Card is subject to compliance by the Applicant of the KYC provisions prescribed by the Bank under the applicable laws including but not limited to, rules, regulations and directions as issued by the Reserve Bank of India and/or other appropriate authority under any law in force or any amendments thereto from time to time. All decisions of the Bank in this regard shall be final and binding upon the Customer.
c) Only a Customer will be able to use Onus Prepaid Card. The Onus Prepaid Card will be activated subject to the compliance of the following conditions:
(a) The Customer is registered with the Company/Bank for the Onus Prepaid Card;
(b) The Onus Prepaid Card is active and not blacklisted or suspended; and
(c) Since it is in physical form, once a physical card will be issued to the Customer.
d) The Onus Prepaid Card shall remain the sole property of the Bank at all times. The Customer agrees to be bound by these terms and conditions for purchasing, activating, using or attempting to use the Onus Prepaid Card or making transaction enquiry or exercising any right to redeem the value loaded on the Onus Prepaid Card.
e) The Customer shall ensure that Onus Prepaid Card is signed at the appropriate place provided on the reverse side of the Onus Prepaid Card before it is used for any transaction at the POS Outlets.
f) The Customer agrees and acknowledges that the Onus Prepaid Card is a prepaid card that can only be used (after activation by the Bank/Company) at the specific POS Outlets, for the purpose of purchasing goods and services.
g) The Customer agrees and acknowledges that the Onus Prepaid Card being a prepaid card cannot be used to make transactions that exceed the available credit balance maintained in the Onus Prepaid Card. The Customer agrees and acknowledges that if the transaction value exceeds the credit balance maintained in the Onus Prepaid Card, the Customer will be required to pay the differential amount by any another mode or manner or method, as may be accepted by the merchant operating or maintaining the POC Outlets.
h) The Onus Prepaid Card is reloadable in nature. The Customer may reload the Onus Prepaid Card, from time to time, subject to a maximum limit of Rs.10,000/- (Ten thousand only) or such other limits as may be prescribed by the Bank from time to time. The Customer agrees and acknowledges that the Onus Prepaid Card shall be valid until the expiry date prescribed on the Onus Prepaid Card. The Company shall provide prior thirty (30) days notice (vide electronic mode only) to the Customer before the expiry of the Onus Prepaid Card by way of SMS on the Customer's registered phone number or email, provided by the Customer at the time of activation of the Onus Prepaid Card. The Customer agrees and acknowledges that upon expiry of the Onus Prepaid Card, the remaining unused amounts in the Onus Prepaid Card shall be forfeited by the Bank/Company, without any claim, demand or demur whatsoever by the Customer.
i) The Customer agrees and acknowledges that the Onus Prepaid Card cannot be used to obtain or redeem cash and cannot be used for making direct debit, recurring, or for repayment of loan installment payments.
j) The Customer shall be responsible for all transactions initiated or failed or completed vide usage of the Onus Prepaid Card. If the Customer notices any error or problem relating to the Onus Prepaid Card, the Customer should immediately notify the Company at: 1800 3000 1113 or email at: email@example.com.
k) In the event of any problem with the purchase of goods and services at the POS Outlets through the Onus Prepaid Card, or any dispute with a merchant providing the POS machine or the quality or quantity of the good or services being offered at the POS Outlets, the Customer will directly deal with such merchant. The Customer agrees and acknowledges that neither the Company nor the Bank shall be responsible for any products and/or services availed by the Customer from any of the merchants providing the POS machine. In the event the Customer is unable to resolve the matter, the Customer may notify the Company at: 1800 3000 1113 or email at: firstname.lastname@example.org.
l) The Customer agrees and acknowledges that the Bank reserves the sole right and discretion to cancel or terminate the Onus Prepaid Card, on the happening of the following events, without any notice (express or implied) to the Customer:
(a) Upon receipt of any report of loss, damage or theft of the Onus Prepaid Card to the Bank;
(b) Usage of the Onus Prepaid Card is illegal or unlawful under the applicable laws or contrary to any law, rules, guidelines issued by any statutory or regulatory authorities;
(c) The Bank believes (or reasonably suspects) that the Onus Prepaid Card has been used (or will be used) contrary to any of these terms and conditions.
m) The Customer agrees and acknowledges that all fees and charges related to the Onus Prepaid Card will be recovered by a debiting the balance maintained by the Customer in his Onus Prepaid Card, from time to time.
n) The Bank may issue a duplicate Onus Prepaid Card to the Customer against any loss, damage or theft or misuse of the Onus Prepaid Card and requested by the Customer. The Customer agrees and acknowledges that all decisions regarding issuance of duplicate Onus Prepaid Card shall be at the sole discretion of the Bank. The Customer agrees and acknowledges that a fee of INR 75 plus taxes, or as amended by the Bank/Company, from time to time, shall be applicable on the issuance of every duplicate Onus Prepaid Card to the Customer.
o) Any refunds on transactions that are initiated or completed through the usage of the Onus Prepaid Card shall be subject to the policy of the specific merchant providing the POC machine and neither the Bank nor the Company shall be responsible for the same. Refunds may be in the form of a credit to the Onus Prepaid Card or as per the respective POS Outlet policy. If the Onus Prepaid Card expires or is revoked before the Customer has spent any funds resulting from a refund (whether or not the original transaction being refunded was made using the Onus Prepaid Card) then, the unused amounts in the Onus Prepaid Card shall stand forfeited and the Customer shall not have any claim, demand or demur whatsoever against the Bank or the Company.
p) The Customer shall be responsible for checking the transaction history online and the available balance on their Onus Prepaid Card. The Customer can check the balance on the Onus Prepaid Card at the website: www.onuscards.com or by writing an email to: email@example.com by using the details provided in the Onus Prepaid Card.
q) In the event of any query relating to the Onus Prepaid Card, the Customer should directly contact the Company at: 080 49535806 (Monday to Friday 10:00 AM to 06:00 PM) or visit us at our website: www.onuscards.com or email to: firstname.lastname@example.org
r) The Customer agrees, acknowledges and consents that information received by the Bank or the Company from the Customer or in relation to the Onus Prepaid Card held by such Customer or any transaction initiated or conducted vide such Onus Prepaid Card, may be disclosed to any third parties, as may be required under the Applicable Law, regulation or guidelines or Orders of any regulatory or statutory authorities.
s) Notwithstanding anything contained herein above, the Customer agrees, accepts and confirms that as a pre-condition to the use of the Onus Prepaid Card, the Customer agrees, confirms and gives consent to the disclosure by the Bank of all or any such:
(a) information and data relating to the Onus Prepaid Card or the Customer;
(b) terms and conditions or process of the Onus Prepaid Card; and
(c) default, committed by the Customer in discharge of the obligations contained herein; as the Bank and/or the Company may deem appropriate and necessary, to disclose and furnish to Credit Information Bureau (India) Ltd. and any other agency authorized in this behalf by Reserve Bank of India or any other regulatory authority.
t) The Customer agrees to indemnify the Company and/or the Bank and keep the Company and/or the Bank indemnified against any consequences, claims, proceedings, losses, damages or expenses (including all legal costs on an indemnity basis) whatsoever and howsoever caused that may arise or be incurred by Company and/or the Bank in connection with or in relation to the Onus Prepaid Card, including but not limited to the following:
(i) any improper or unauthorized use of the Onus Prepaid Card by the Customer;
(ii) any act or omission by the Customer, which prejudices the interest of the Company or the Bank;
(iii) breach of these Terms and Conditions;
(iv) any wrongful, incorrect, dishonest, criminal or fraudulent act by the Customer;
(v) any claim by any union, state or local government authority against the Bank or the Company with respect to the Customer.
u) Notwithstanding anything contained herein, the liability of the Company or the Bank to the Customer arising from or in respect of the Transaction, whether in contract, tort (including negligence or breach of statutory duty) or otherwise for any and all losses, damages or liabilities caused or arising from or in relation to the Onus Prepaid Card and/or under or relating to these Terms and Conditions, shall not exceed the value of the Transaction.
v) The Bank and the Company reserves the sole right and discretion to change, amend or modify these Terms and Conditions at anytime and without any notice to the Customer and the such change, modifications or amendments shall be updated on the website, mentioned hereinabove, including but to limited, to the fees and charges related to the Onus Prepaid Card. The Customer is requested to make a note of all such terms and conditions on the aforesaid Website.
w) These terms and conditions will be governed by and be construed in accordance with the laws of India. All disputes are subject to the exclusive jurisdiction of the Courts in Mumbai.
x) For disputes raised by customers for Prepaid Cards, the customer has recourse to the Banking Ombudsman Scheme for grievance redressal. Customers can find the latest list of ombudsman details on the website of the Reserve Bank of India (https://rbi.org.in/commonman/English/Scripts/AgainstBankABO.aspx).