PAYTM SERVICE TERMS AND CONDITIONS
Paytm Labs Inc. (“Paytm”, “our”, “we” or “us”), whose address is 220 Adelaide Street West, Toronto, Ontario, M5H 1W7, 647-360-8331, email@example.com, makes various services available through the Paytm Canada App (the “Services”, and each a “Service”).
This agreement sets out the terms and conditions that govern the Services (the “Terms”). Subject to the requirements of applicable law, Paytm may in its sole discretion add or remove Services or modify the Services that it makes available through the Paytm Canada App from time to time by amending these Terms.
By selecting a Service and pressing “Submit”, “Confirm” or otherwise expressing your intention to use a Service, it means that you have read and you are agreeing to the current version of these Terms, and these Terms will take effect on that date.
You will be responsible for paying any fees associated with accessing the Services as set out in the Fee Schedule. You will receive a copy of these Terms together with your confirmation of payment for the Services.
In these Terms, when words are capitalized and not otherwise defined, they will have the following meanings:
- “Fee Schedule” means the schedule of fees at the end of these Terms that set out all of the fees and Charges (as defined below) for using the Services, as may be revised from time to time.
- “Gift Card” means a digital or electronic certificate, voucher or code representing stored value, or any other digital or electronic format that may be used from time to time to represent stored value.
- “Payment Account” means the account that you select to pay for a Service using your Payment Method.
- “Payment Instruction” means the information provided by you under the Bill Payment Service to make a bill payment to a Biller (as defined below) (including name, account number and Payment Date).
- “Payment Method” means the payment method you select and that is permitted by Paytm to pay for a Service, which is currently Interac eTransfers only, but may include credit cards, debit cards and any other methods that Paytm may permit from time to time.
The Bill Payment Service
The Bill Payment Service allows you to make bill payments both domestically and internationally to participating billers in participating countries (each, a “Biller”) by either (a) issuing a Payment Instruction for an online debit/charge to a Payment Account; or (b) scheduling an automatic debit to a Payment Account (collectively, the “Bill Payment Service”). From time to time Paytm at its sole discretion may add or delete Billers and can add and delete Payment Methods that can be used to make payments to a Biller.
By providing Paytm with the names and account information of Billers to whom you wish to direct payments, you authorize Paytm to follow any Payment Instruction submitted by you for bill payments. That means that when you provide Paytm with a Payment Instruction, you are authorizing Paytm to debit your Payment Account and to remit funds to the relevant Biller on the date scheduled by you in the Payment Instruction (the “Payment Date”).
If permitted by the Bill Payment Service, you will be entitled to set up recurring bill payments. When a recurring bill payment is processed, it is automatically scheduled by the system based on your selected frequency setting for the bill payment, and a processing date is calculated for the next following occurrence. If such date is a not a business day, it shall be adjusted to the immediately following business day.
You understand that different Billers have different payment requirements and it is your responsibility to know what your Biller’s requirements are and to arrange your bill payments accordingly. You will ensure that all Payment Instructions provided to Paytm are received by us in sufficient time to permit Paytm a reasonable opportunity to deal with them. Paytm shall have no responsibility for:
- Delays in crediting payments which are as a result of the Biller’s procedures;
- Your failure to follow a Biller’s payment requirements; or
- Your failure to schedule a Payment Date sufficiently in advance of the date that a bill payment is due.
Your Use Of the Bill Payment Service
In respect of your use of the Bill Payment Service, it is your responsibility to ensure that the information that you provide to Paytm is accurate. This includes information about yourself (“Registration Data”), your Payment Method, your Payment Account and your Biller details (“Biller Data”). You are also required to keep your Registration Data, Payment Account and Biller Data up to date. Paytm will use its best efforts to make all payments promptly. However, Paytm will have no responsibility and incur no liability to you if it is unable to affect any Payment Instruction(s) on a Payment Date owing to any one or more of the following circumstances:
- if the Payment Instructions(s) issued by you to Paytm is/are incomplete, inaccurate, invalid or delayed;
- if the Payment Account has insufficient funds or insufficient credit availability to cover the amount in the Payment Instruction(s) (plus any applicable taxes and/or fees);
- you have not provided Paytm the correct Payment Account information, including but not limited to the correct name, address or account information for the Biller;
- circumstances beyond the control of Paytm (including, but not limited to, fire, flood, natural disasters, bank strikes, power failure, systems failure including computer or telephone failure due to unforeseen causes or interference from an outside force) (collectively, a “Force Majeure Event”); or
- any of the circumstances outlined in Section (b)(i) – (iii) above.
In no event will Paytm be responsible for any late payment penalties, fee or interest imposed by your Biller under any circumstances.
Paytm reserves the right, in its sole discretion, to decline to act on any Payment Instruction, either in whole or part, when:
- such Payment Instruction is unclear or suspicious;
- such Payment Instruction would violate any applicable law, rule or Paytm’s policies or procedures; or
- Paytm has reason to believe that such Payment Instruction is not authorized by you.
Payment Cancellation Requests
In the event that you wish to reverse or cancel a payment, you must contact us at firstname.lastname@example.org before 5 PM (EST) on any business day. Paytm will use all reasonable efforts to cancel the payment at no cost provided that the instructions are received in sufficient time to permit Paytm a reasonable opportunity to reverse the instruction in compliance with applicable clearing rules. Once the Bill Payment Service has begun processing a payment it cannot be cancelled or edited.
However, there is no charge for reversing or canceling a payment prior to it being submitted for processing.
If Paytm is unable to complete a Payment Instruction for any reason associated with your Payment Account (for example, insufficient funds or insufficient credit), the transaction will not be completed and you will receive a return notice from the Bill Payment Service. If permitted by law, an NSF fee will also be assessed as set out in the Fee Schedule.
Gift Card Purchase
You may purchase a Gift Card through your Paytm Canada App. By purchasing a Gift Card, you are authorizing Paytm to debit or charge your Payment Account for the amount of the Gift Card as selected by you on the date that you purchase the Gift Card by clicking “Submit”, “Confirm” or otherwise indicating your intention to purchase the Gift Card. If you do not have sufficient funds in your Payment Account, your Gift Card purchase will not be completed. Your Gift Card may be stored in your Paytm Canada App, sent to an email address that you provide or otherwise provided to you in any other format that you choose that Paytm may make available from time to time.
Gift Card Terms and Conditions
The use of any Gift Card purchased through the Paytm Canada App is subject to terms and conditions of the Gift Card issuer (the “Issuer”). Paytm is not the Issuer of the Gift Cards and does not own or control the terms, conditions and other details regarding any Gift Cards that are offered for sale through the Paytm Canada App. Paytm makes no representations about, does not endorse, and is not responsible or liable for: (i) the terms, conditions and other details of the Gift Cards; or (ii) the goods or services offered by any Issuer. If you have questions or problems with a Gift Card, or anything you buy using a Gift Card, you agree to settle the problem directly with the Issuer. Paytm is not responsible for the failure of any Issuer to honour a Gift Card for any reason. The product descriptions, redemption information, and retailer terms are provided by Issuers at their discretion and questions should be directed to the Issuers.
Gift Card Activation
Gift Cards do not require activation by customers. Recipients of Gift Cards are responsible for keeping the Gift Card confidential, as anyone who has access to the Gift Card will be able to use the funds or other stored value on the Gift Card.
There are no refunds on Gift Cards and all sales are final.
In these Terms, “Send Money” refers to a facility to transfer funds from a Paytm Account (as defined below) to any other Paytm Account issued by Paytm. Send Money Services are not available to or from persons located in the Province of Quebec.
For the purposes of this Service provided by Paytm, when the following words are capitalized and not otherwise defined below, such words shall have the following meanings:
- “Basic Account” means a Paytm Account issued by Paytm upon accepting minimum Customer details including e-mail address and mobile number.
- “Charge(s)” or “Service Charge” shall mean the charges which Paytm may impose upon You in consideration for issuing You a Paytm Account or for providing Services requested by You in connection with the Paytm Account. The current Charges, which may be changed from time to time at our sole discretion and after giving due notice if required by law, are set out in Fee Schedule.
- “Customer”, “You”, “Your” or “Yourself” means a Canadian resident (except a resident in the Province of Quebec) who is at least the age of majority in the Canadian province of territory in which he or she resides and who has registered with Paytm for the purposes of opening a Paytm Account.
- “KYC” stands for Know Your Customer and refers to the various norms, rules, laws and statutes pursuant to which Paytm is required to procure personal identification details from You before an Account can be opened for You and any Services can be provided to You. Know Your Customer (KYC) documents may be required by Paytm from You at the time of registration and/or may be requested by Paytm from You at a later date in connection with, or for the purpose of, continuation of the Paytm Account.
- “Password” means the secret password used to secure Paytm Account applications, without knowledge of which Your Paytm Account will not be operable.
- “Paytm Account” or “Account” means either a Basic Account or a Verified Account opened for You by Paytm through Paytm.ca which may be used by You to make payments for bona fide Transactions in accordance with these Terms.
- “Person-to-bank transfer” refers to a facility to transfer funds from Your Paytm Account to Your own Canadian bank account and NOT to a third party bank account.
- “Transaction” means transfer of money between two unique Paytm Accounts or Person-to-bank transfer, which is currently limited to a transfer of money between Your Paytm Account and Your own Canadian bank account.
- “Verified Account” means a Paytm Account which is KYC compliant and classified as permitted to perform Send Money transfers.
You must be a Canadian resident (in any Canadian province or territory except Quebec) and at least the age of majority in the Canadian province or territory in which you reside at the time you register to open an Account. You agree to provide accurate, current and complete information about Yourself as prompted by our registration form (including Your e-mail address and mobile number) and to notify us of any changes to such information. We reserve the right to terminate Your Account or Your use of the Services if any information provided by You is false, fictitious, inaccurate, not current or incomplete, with or without notice to You. You must keep the Password to Your Account confidential and not share it with any other person. You are responsible for all activity on Your Account whether or not You authorized it. However, if You become aware of any unauthorized use of Your Account or Your user id and Password, please contact us immediately. You are permitted to maintain and operate only one Paytm Account. Any suspected non-conformity with this requirement shall constitute grounds for the suspension/discontinuation by Paytm of any or all Accounts associated with You.
- Except to the extent prohibited by applicable law, You will be issued a Paytm Account immediately after successful registration. Your Account will be upgraded to a Verified Account after You submit Your Profile details (Name, Date Of Birth, Address) at the time of registration itself or on a later date provided that we are able to verify such details in accordance with our KYC policies. Paytm Verified Account services shall ordinarily be activated within twenty one (21) working days of receipt and verification of the associated documentation.
- At this time, You may add money to Your Paytm Account through Interac eTransfers only but the methods for loading money to Your Paytm Account are subject to change from time to time at the discretion of Paytm without prior notice to You.
- Withdrawing money from Your Paytm Account is not allowed. Any outstanding credit in the Paytm Account will not expire but it can only be used to make payments for bona fide Transactions for bill payments and Send Money transfers or Person-to-bank transfers which are currently limited to transfers from Your Paytm Account and Your Canadian bank account and not third party accounts.
- A Send Money transfer is to be used for noncommercial purposes only. When You initiate a Send Money transfer, the recipient is not required to accept it. You agree that You will not hold Paytm liable for any damages resulting from a recipient’s decision not to accept a payment made through the Services or a delay in delivery of a Send Money transfer.
- All Transactions are completed instantly and are non-refundable.
- Paytm reserves the right to suspend/discontinue providing Services to You at any time, for any reason, including, but not limited, to the following:
- for any violation of these Terms;
- for any suspected discrepancy in the information or documentation provided by You in connection with Your registration for an Account;
- to prevent potential fraud and limit the risk of money laundering and terrorist financing;
- if the mobile connection with which Your Paytm Account is related ceases to be operational or in Your possession or control;
- if Paytm believes, in its reasonable opinion, that cessation/suspension is necessary for any other legitimate purpose.
- Paytm may, at its discretion and for any reason, impose Transaction limits on Your Account. You can view Your sending limit, if any, by logging into Your Account profile. If You have a Verified Account, we may increase Your sending limits but are not required to do so.
- The value stored in Your Paytm Account shall NOT be refunded under ANY circumstances and may only be used to make payments for bona fide Transactions. No interest will be payable by Paytm on the available Account balance.
- Paytm reserves the right to set off any Account balance in order to recover funds for Transactions processed as per Your request, including for any related Service Charges.
- If Paytm does not complete a Transaction to or from Your Account on time or in the correct amount according to Your instructions when You have properly instructed us to do so, Paytm will NOT be liable, in cases such as, but not limited to, the following:
- if, through no fault of ours, You do not have enough money in Your Account to complete the Transaction;
- if as a result of a Force Majeure Event;
- if a legal order directs us to prohibit withdrawals from the Account;
- if Your Account is closed, suspended or has been frozen or blocked for any reason; or
- if You or anyone authorized by You commits fraud or violates any applicable law, rule or Paytm’s policies or procedures.
- Paytm Account availability is subject to the maintenance of an active mobile phone or internet connection with an associated telecom provider. Paytm cash availability is subject to the maintenance of a mobile phone handset and other application on which Services can be provided and the Customer is solely responsible for all liability arising from the unavailability of the Services due to a deficient or defective mobile handset or the internet service provider not being able to support any Paytm channel or application.
- You must ensure the availability of sufficient funds in Your Paytm Account before requesting that any Transaction be initiated from Your Paytm Account.
- You shall be solely responsible for the confidentiality, safety and security of the Password. You shall be the sole owner of the Password and shall be responsible for the consequences arising out of disclosure of the Password and/or the unauthorized use of the Paytm Account. In case the Password is lost or misplaced, You agree to promptly notify Paytm by calling the Paytm customer care number at [•] following which Your existing Password will be deactivated and You will be issued a new Password.
- You agree to promptly notify Paytm if Your mobile phone, SIM card or the mobile number associated with Your Paytm Account is lost, stolen, misplaced or no longer in Your control. Upon receipt of such information, Paytm will block the relevant Account.
- You shall not use Your Paytm Account for any illegal or improper purpose and must only initiate Transactions in accordance with these Terms.
- You acknowledge and understand that Your Paytm Account is linked to Your mobile phone number and You shall be solely responsible for any liability arising out of the loss, theft, misuse of the mobile phone number or deactivation of mobile connection by the applicable telecom service provider.
- In the event of any dispute regarding Transactions initiated through Your Paytm Account, Paytm records shall be binding as the conclusive evidence of the Transactions carried out through use of Your Paytm Account.
- Paytm shall send all Customer communications by SMS and/or e-mail and such SMS shall be deemed to have been received by You after they have been submitted for delivery to the mobile phone operator. Paytm shall not be liable for any errors or issues in the communication address or number as provided by You for which You acknowledge You are solely responsible and liable.
Charges & Validity
- You agree to pay the Service Charges prescribed by Paytm in the form and manner specified for such payment.
- Any value in Your Paytm Account that is utilized towards making payments for any Transaction shall be automatically debited from Your Paytm Account.
- Paytm reserves the right to levy charges or charge a commission upon any amounts loaded on Your Paytm Account or any amounts sent/utilized by You using Paytm Account.
GENERAL (Applies to all Services)
Paytm may change (i.e., add, delete, revise or update) these Terms, and may change, increase or reduce any Service Charges or other applicable fees set out in the Fee Schedule at any time and revised Terms may apply to Services that You select in the future. Paytm will ensure that the latest version of these Terms is published on the Paytm website at https://paytm.ca/terms-conditions. You are responsible for reviewing the Terms each time You select a Service. If You do not agree to any change, You must stop using the Services after the effective date of the change. Any use of the Service after the effective date of the amendment will constitute Your agreement to such change.
This paragraph is not applicable in Quebec if You qualify as a consumer under the Consumer Protection Act. If You have selected automatic recurring payments under the Bill Payment Service, You are responsible for regularly reviewing the Paytm website to obtain timely notice of any amendments. If You do not agree to the change, You must cancel any bill payments that You have previously scheduled to be processed after the effective date of the change.
If You qualify as a consumer in Quebec under the Consumer Protection Act. If You have selected automatic recurring payments under the Bill Payment Service, the Terms that applied when You selected the original Bill Payment Service will continue to apply until You cancel the bill payments. However, Paytm may revise the Fees for the Bill Payment Service by providing You with a 30-day advance notice of the change in Fees and specifying the effective date of such change.
Address or Banking Changes
It is Your sole responsibility to ensure that Your Account information, including the contact information in Your user profile and Your Registration Data is current and accurate. This includes, but is not limited to, name, address, phone numbers and e-mail addresses. Changes to Your email address or mobile phone number can be made by writing into email@example.com. Any changes in Your Payment Method or Payment Account information should also be made in the Paytm Canada App. All changes made are effective immediately for scheduled and future payments paid from the updated Payment Account information. Paytm is not responsible for any payment processing errors, delays or fees incurred if You do not provide accurate Payment Account or contact information.
Errors and Questions
In case of any errors or if You have questions about the Services, You should contact us as soon as possible by sending an email to firstname.lastname@example.org.
Limitation of Liability
This paragraph is not applicable in Quebec if You qualify as a consumer under the Consumer Protection Act. Notwithstanding any other provision of these Terms or any document or agreement between You and Paytm, neither Paytm nor its service providers will have any liability to You (in tort, contract or otherwise) for any loss, claim, cost or expense (collectively, “Damages”) that You assert or sustain as a result of the use of the Service except for damages directly attributable to Paytm’s gross negligence or willful misconduct arising directly from the performance of Paytm of its obligations under these Terms. For greater certainty, this limitation of liability extends to any Damages that You may suffer as a result of Paytm or a service provider acting or refusing to act on any Payment Instruction, communication, order or entry received by You, and to any authorized or unauthorized use of a Gift Card or Your Paytm Account.
If You qualify as a consumer in Quebec under the Consumer Protection Act, these terms and conditions shall be governed by and construed in accordance with the laws of the province of Quebec and the laws of Canada applicable therein.
Otherwise, these terms and conditions shall be governed by and construed in accordance with the laws of the province of Ontario and the laws of Canada applicable therein, without regard to its conflicts of laws provisions.
There may be Charges for Transactions depending on the Payment Method and optional services (including reversal requests for bill payments). You agree to pay the fees and other amounts that are owing to Paytm for Services provided to You in response to You initiating Transactions, submitting Payment Instructions or other instructions (as set out in the Fee Schedule) and authorize Paytm to deduct such amounts from Your Payment Account or Your Paytm Account, as applicable.
The use of the Service can be terminated at any time by Paytm. You may also terminate the use of the Service by providing notice to Paytm. If You provide such notice, Paytm will not be responsible for any scheduled bill payment or any Send Money Transactions made before Paytm has a reasonable opportunity to act upon the termination notice.
The headings used in these Terms are for convenience only and shall not control or affect the meaning or construction of any of these Terms.
If any provision in these Terms is found to be illegal, invalid or unenforceable for any reason by a court of competent jurisdiction, the remaining terms shall remain in full force and effect.
Paytm’s failure or delay in exercising any rights with respect to a breach by You or others of any Terms herein does not waive any default or prevent Paytm from enforcing those rights later with respect to that breach or subsequent or similar breaches.
The parties have agreed and expressly requested that this agreement and all documents related to it be drawn up in English. Les parties conviennent et exigent expressément que ce contrat et tous documents émis en vertu de celui-ci soient rédigés en anglais.
SERVICES FEE SCHEDULE
|CHARGES (in CAD $)|
|Convenience charge on Credit Card Payments||$0|
|Convenience charge on Debit Card Payments||$0|
|Convenience charge on Pre-Authorized Debit or Bank account Payments||$0|
|Reversal requests for bill payments (if applicable)||$0|
|Account is NSF:
(Not applicable in Quebec)
|Loading money into Paytm Account||$0|
|Paytm to Paytm Account Transfer||$0|
|Paytm Person to Bank Transfer||$0|