TERMS & CONDITIONS FOR SHMART SERVICES
These Terms and Conditions (these "Terms & Conditions") form the terms and conditions for the use of our Shmart Services (as hereinafter defined). This Agreement is a legal document between the Customer (as defined below) and TranServ Private Limited ("TranServ", "we", "our" or "us") governing the Customer’s relationship with TranServ.
The words “you”, “your” or “yours” refer to the Customer using our Shmart Services.
This is an important document which you must consider carefully when choosing whether to use our Shmart Services at any time. Please read the terms contained herein carefully before agreeing to them. You are solely responsible for understanding and complying with any and all laws, rules and regulations of India that may be applicable to you in connection with your business and your use of our Shmart Services.
These Terms & Conditions supplement and are in addition to, and not in derogation of, the applicable Terms & Conditions relating to your usage of any other services offered by TranServ that you may be currently availing or may in future avail.
BY CLICKING THE “PAY” BUTTON OR ACCESSING, USING OR INSTALLING ANY PART OF THE SHMART SERVICES, THE CUSTOMER EXPRESSLY AGREES TO AND CONSENTS TO BEING IRREVOCABLY BOUND BY THIS AGREEMENT, ALL OF THE TERMS SET OUT HEREIN AND THE AGREEMENT WITH RBL BANK FOR USAGE OF THE SHMART PREPAID INSTRUMENT AND ALL OF THE TERMS SET OUT THEREIN. IF THE CUSTOMER DOES NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THE “PAY” BUTTON MUST NOT BE CLICKED. IN SUCH EVENT, TRANSERV WILL PROMPTLY CANCEL THE ASSOCIATION AND THE CUSTOMER MAY NOT ACCESS, USE OR INSTALL ANY PART OF THE SHMART SERVICES.
In relation to these Terms & Conditions;
All references to singular shall include plural and masculine gender shall include feminine gender;
The clause headings are only for convenience and do not affect the meaning of the relative clause; and
If any provision hereof is held to be illegal, void or unenforceable by any court of competent jurisdiction, such provision shall be deemed to be deleted here from and the remaining Terms and Conditions shall continue in full force and effect.
In this document, the following word and phrases shall have the following meanings:
The words “TranServ”, “We” and “Us” refers to TranServ Private Limited, a company incorporated under the laws of India and includes its successors and assignors.
“Customer” shall mean a registered user of the Shmart Wallet service provided by TranServ as well as a third party who is involved in an online transaction with the Partner;
“Fees” or “Charges” shall mean the fees charged by TranServ for the Shmart Services;
“Know Your Customer (KYC)” refers to the various norms, rules, laws and statutes issued by RBI, or any other regulatory body, from time to time under which TranServ or the Partner Bank may be required or wish to procure personal identification details from you before any Shmart Services can be delivered;
“Merchant” means any partnership firm, limited liability partnership firm, public limited company, private limited company, trust, society or any other legal entity as per the laws in force in India from time to time, which has an arrangement with TranServ to accept and honour payments made using the Shmart Wallet, for paying consideration for goods and services provided by the Merchant to the Customer. Merchants shall include among others, stores, shops, restaurants, transport organizations as advertised from time to time by TranServ;
“RBI” means the Reserve Bank of India;
“Partner Bank” shall mean The Ratnakar Bank Limited;
“Partner Bank Prepaid Instrument” shall mean any prepaid instrument issued by Partner Bank;
“Payment Service Provider” shall mean banks, financial institutions, online intermediaries, payment gateway providers, card network associations, and/or other entities with whom TranServ has entered into arrangements for facilitating the provision of Shmart Services by TranServ;
“Password” means the alphanumeric string required for authenticating the use of the Shmart Wallet on a mobile or web platform allocated by TranServ from time to time;
“Shmart Services” shall mean the services provided by TranServ to Customers through the Shmart Wallet, or otherwise, in order to enable Customers pay to the Merchants or other Customers through internet payment gateways and other modes as may be determined by TranServ;
“Shmart Wallet” shall mean the account set up by TranServ for the Customer upon the Customer entering into a transaction with the Merchant or other Customer or through any other modes as determined by TranServ from time to time; which would include the Partner Bank Prepaid Instrument and will give the Customer access to Shmart Services; This also includes Shmart Wallets marketed under the name of participating merchant and termed as “<Merchant Name> Wallet” or “<Merchant Name> Wallet Services”
“Transaction” means an instruction or an inquiry or communication as appearing in the records maintained by TranServ, given or made by the Customer using the Shmart Wallet directly or indirectly to effect a transaction with a Merchant;
“Transaction Confirmation” shall mean the intimation received by TranServ from either the Merchant or the Customer with regard to the receipt or delivery or supply of goods or services.
A person desirous of availing the Shmart Services should apply to TranServ using its online or mobile platform and accept these Terms & Conditions laid out for availing the Shmart Services, including the use of the Shmart Wallet.
TranServ shall have a right, not to consider or reject any application, without assigning any reason.
Eligibility and Shmart Wallet Registration
By registering to use, creating or using the Shmart Services, you represent and confirm, in addition to other representations that you may be required to make elsewhere in these Terms & Conditions, that you are:
- 18 (eighteen) years of age or older;
- an Indian citizen, a legal resident of India or a business entity registered in India and authorized to conduct business in India;
- not 'incompetent to contract' within the meaning of the Indian Contract Act, 1972; and
You further represent and confirm that you are not a person debarred from using and/or receiving the Shmart Services under the laws of India or other applicable laws.
The Shmart Services can only be used in India. You acknowledge that the Shmart Services may be subject to import and export restrictions imposed by the laws, rules, regulations, and guidelines in force in India.
In order to register, create and use the Shmart Services, TranServ may require that you submit certain personal information, including but not limited to your name, address, mobile phone number, e-mail address, date of birth, and permanent account number (PAN) to TranServ (“Personal Information”). During the registration process, or when you access the Shmart Services from a mobile phone, your mobile phone’s device ID may be stored. You agree that the Personal Information you provide upon registration and at all other times will be true, accurate, current and complete. You agree to maintain and update this Personal Information in case of any changes or inconsistencies. You understand and agree that you are solely responsible for receiving notices or any other information in relation to the Shmart Services including at the email address that has been provided by you, and that TranServ is not in any manner responsible for any delay or failure in this regard. By consenting, you agree that electronic notices and information have the same meaning and effect as if we provided you with paper notices or information. When TranServ sends you an e-mail or other electronic notification alerting you that such notices or information are available electronically, that shall have the same meaning and effect as if we provided you with a paper notification to such effect, whether or not you choose to view such notices or information electronically.
- entering into and performing this Agreement, as per applicable law.
· TranServ may share some or all information provided by you with Payment Service Providers, card associations or any other third parties as may be necessary for the efficient provision of Shmart Services by TranServ to the Customer. You hereby authorise TranServ to provide such information to such third parties, provided that, TranServ may, irrespective whether required under law or otherwise, seek additional information or documents from you on behalf of itself, the Partner Bank or the Payment Service Providers for verifying any information provided during the registration.
You hereby authorize TranServ, directly or through third parties, to make any inquiries we consider necessary to validate your identity and/or authenticate your identity and account information. This may include asking you for further information and/or documentation about your account usage or identity, or requiring you to confirm identification by furnishing KYC documentation, ownership of your email address, telephone number or financial instruments, among others. This process is for internal verification purposes.
Shmart Wallet Security
You shall be solely responsible for the security of the Shmart Wallet and other Shmart Services and shall ensure that you take all necessary steps towards safekeeping and authorized use of the Shmart Wallet and other Shmart Services. TranServ, towards this end, will initially ask you to generate a Password for the safety of your Shmart Wallet or set a password and communicate to you and which could be changed by you
The Password should only be entered where prompted by TranServ or third party platforms to authenticate a Transaction. You shall not disclose the password to anyone verbally, or in writing, or record it elsewhere.
The security of the Password is very important and breach of any of the above requirements shall amount to unauthorised use of the Shmart Wallet and other Shmart Services without any liability being attributable to TranServ for such breach or unauthorised use. You are responsible for maintaining the confidentiality of the Password, and are fully responsible for all activities that occur under your account, including, without limitation, all actions by sub-users registered under your account. You agree to (a) immediately notify TranServ of any unauthorized use of your Password or your account or any other breach of security, and (b) ensure that you securely exit from your account at the end of each session.
The usage of the Shmart Services, including the Shmart Wallet, is non-transferable by you and neither TranServ nor the Partner Bank assumes any liability for any Transaction authorised by any other person than the Customer. TranServ and the Partner Bank cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this clause or from any unauthorized access to or use of the Shmart Services.
Shmart Wallet Validity
The Shmart Wallet is issued and valid only in India and is available only for residents and citizens of India.
By using the Shmart Services, the Customer agrees to adhere to all such guidelines and rules prescribed from time to time by TranServ and RBI or any other regulatory body.
The Customer shall accept full responsibility for wrongful use of the Shmart Services and which is in contravention of these Terms & Conditions. The Customer shall indemnify TranServ to make good any loss, damage, interest or any other financial charges that TranServ may incur and or suffer, whether directly or indirectly, as a result of the Customer committing violations of these Terms & Conditions.
TranServ reserves the absolute discretion and liberty to decline or honour the authorization request on the Shmart Wallet without assigning any reason thereof.
The Customer agrees that he will not use the Shmart Wallet for payment for any (a) narcotics, banned steroids, certain controlled substances or other products that present a risk to consumer safety, (b) drug paraphernalia, (c) items that encourage, promote, facilitate or instruct others to engage in illegal activity, (d) stolen goods including digital and virtual goods, (e) items that promote hate, violence, racial intolerance, or the financial exploitation of a crime, (f) items that are considered obscene, (g) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (h) certain sexually oriented materials or services, (i) ammunition, firearms, or certain firearm parts or accessories, or (j) certain weapons or knives regulated under applicable law;.
TranServ may at its sole discretion, utilize the services of external service providers/or agents and on such terms as required or necessary, in relation to its Shmart Services.
The Customer can choose to transfer Amounts to other individuals who are citizens of India, using an email address or mobile number. The recipient of the transfer may or may not be a Shmart Wallet holder.
The amount that can be transferred using the Shmart Services is governed by policies laid down by RBI. These involve monthly limits & transaction limits. In addition to RBI guidelines, TranServ at its discretion could impose further limits on the amount of money you can transfer from your account. Please see our FAQs for more details on limits. These limits may change from time to time at the sole discretion of TranServ.
If the transfer is made to another Shmart Wallet holder, then amounts in your Partner Bank Prepaid Instrument will be moved immediately from your account to the recipient’s account, as specified by you. However, if the recipient has already exhausted any RBI or TranServ imposed limit then the transfer will not be executed and amounts in your Partner Bank Prepaid Instrument retained in your account.
If the transfer is made to a non-Shmart Wallet holder, then amounts in your Partner Bank Prepaid Instrument will be moved immediately from your account to the recipient’s account, as specified by you. However, the recipient will need to come to a TranServ platform to verify their identity before being allowed to operate their newly created Shmart Wallet. If the non Shmart Wallet holder doesn’t verify themselves within a stipulated period (see FAQs for details), the amounts in your Partner Bank Prepaid Instrument will be reversed back to your account.
Payment using your Shmart Wallet
A Customer can choose to pay Merchants in exchange of some goods or services provided by the Merchant. The Merchants who accept the Shmart Wallet as payment will be approved by TranServ and the list of Merchants will be conveyed to Customers from time-to-time. The list of Merchants could be amended from time-to-time and TranServ does not undertake to intimate Customers for any such change to the list of Merchants.
Before accepting shipment of any product, the Customer has to ensure that the product's packaging is not damaged or tampered. If the Customer observes that the package is damaged or tampered, the Customer is advised to refuse to accept delivery and inform Vendor at the earliest
If the Customer is unsatisfied with the service provided by the Merchant or hasn’t received goods promised by the Merchant, the Customer can raise a dispute with TranServ after first raising their grievance with the concerned Merchant and failing to have their grievance redressed. Any such dispute should be raised within a period of 30 days from the date of the payment.
If the dispute is found valid, the amount charged for the payment will be refunded from the Merchant and credited back to your Partner Bank Prepaid Instrument. However, if the dispute is ruled in the favour of the Merchant, the amount charged for the payment will not be refunded to your Partner Bank Prepaid Instrument. If you have a dispute with participating Merchants relating to payment, TranServ is not responsible for any such dispute and you hereby release us (and our officers, directors, agents, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes. All risks associated with delivery will be solely that of the Merchant and not TranServ. All disputes regarding quality, merchantability, non-delivery, delay in delivery or otherwise will be directly between the Customer and the Merchant without making TranServ a party to such disputes.
In order to return any products sold through the Website, you are required to comply with the below mentioned conditions, viz:
· Notify vendor of receipt of a damaged/ defective product/service within 48-hours of delivery to you;
· Products should be returned in their original packaging along with the original price tags, labels, barcodes, user manual, warranty card and invoices etc.;
· It is advised that the return packets should be strongly and adequately packaged so that there is no further damage of products during transit;
· The returned products are subject to verification and checks by vendor in order to determine the legitimacy of the complaint/ return.
You acknowledge and agree that TranServ is solely responsible for the transaction processing services. Your use of the other services may be subject to separate agreements you may enter into with your mobile device operating system provider (e.g., Apple, Google or Microsoft®), your mobile device manufacturer (e.g., Apple, Samsung®), your mobile service carrier (e.g., Airtel or Vodafone®), your internet service provider and other parties involved in providing you with data services. You agree to comply with all applicable third party terms of agreement when using the third party services. TranServ is not a party to those agreements and has no liability or responsibility for the products and services provided by such third parties or for your use of these third party services.
Fees & Charges
TranServ reserves the right at any time to charge the Customer any Fees / Charges for the Transactions carried out by you using the Shmart Wallet. Details of applicable fees and charges can be obtained from website of TranServ (www.shmart.in)
The Fees and Charges are subject to change at the sole discretion of TranServ. However, such changes in the charges may be made only with prospective effect giving prior notice to the Customer, it being clarified that TranServ will not be responsible for failure of delivery of such intimations or the Customer not having accepted such changes to the applicable charges.
Customer’s Obligations & Covenants
The Customer, by conveying their acceptance to these Terms & Conditions, acknowledges and agrees that:
Shmart Services made available on Shmart Wallet mobile applications are GPRS/EDGE/3G dependent and cannot be availed by you in the event of GPRS/EDGE/3G failure and/or download error. TranServ is not responsible in any manner whatsoever for non-provisioning of the Shmart Services due to GPRS/EDGE/3G failure/connectivity failure/download error. GPRS/EDGE provisioning on handsets are governed by terms of respective mobile operator.
Shmart Wallet account is linked to your registered mobile number. TranServ will not be held liable for unauthorized use of Shmart Wallet on account of loss/theft/misplacement of mobile number and/or sim, unless you have informed Shmart Wallet customer care about such loss/theft/misplacement and have blocked wallet temporarily till you reactivate the same using a new sim with same mobile number.
As the account id is connected to your mobile number, it is your responsibility to inform TranServ in case you terminate using the mobile number that corresponds to your account id. The account id corresponding to the mobile number you register with can be accessed by you only till the time you have access to the corresponding mobile number. It is your responsibility to transfer your account id to a new mobile number if and when you change your number. Not doing so may give access to your Shmart Wallet credit balance to the new user of the same mobile number, and TranServ will not be liable or responsible for the same. In case of loss of your mobile phone and/or Shmart Wallet password/pin, you should intimate TranServ immediately. TranServ shall make every attempt to block access to your Shmart Wallet account under such circumstances; however, TranServ shall not be liable for any losses a user may incur due to the above. The responsibility to safeguard the Shmart Wallet account balance rests entirely with you.
The Customer will be liable for all Transactions and for the related charges.
The Customer accepts that at their request and risk that TranServ has agreed to provide the Shmart Services to them and the Customer accepts full responsibility for all Transactions recorded by the use of their Shmart Wallet.
An instruction given by means of the Shmart Wallet shall be irrevocable.
The Customer shall, in all circumstances, accept full responsibility for the use of their Shmart Wallet, whether or not processed with his knowledge or his authority, expressed or implied.
The Customer irrevocably authorizes TranServ to debit the amounts utilized by using the Shmart Wallet for Transactions.
The Customer should hold TranServ indemnified and harmless for its actions in good faith and in the normal course of business based on the Transactions.
TranServ will employ its best efforts in carrying out the Transactions but will not incur any liability to the Customer, the Merchant or any other person for any reason whatsoever, including for its delay or inability to carry out a Transaction or an instruction.
You hereby agree that you will bear and be responsible for the payment of all relevant taxes (including any applicable withholding taxes), surcharge etc. arising from their use of the Shmart Services and in relation to the payments made under these Terms & Conditions. You are responsible for determining any and all taxes assessed, incurred, or required to be collected, paid or withheld for any reason. You are solely responsible for collecting, withholding, reporting and remitting correct taxes to the appropriate tax authority. We are not obligated to, nor will we determine whether taxes apply, or calculate, collect, report or remit any taxes to any tax authority arising from any transaction. In addition, you are responsible for compliance with any applicable central, state or local tax laws.
Amounts due and payable by the Customer, if not paid separately, shall be recovered by TranServ.
TranServ may at its sole discretion withdraw or suspend the Shmart Wallet or any Shmart Services, or amend any of their features without notice to the Customer.
TranServ shall have discretion for not to allow the Customer to carry out a Transaction where it has any reason to believe that the use of the Shmart Wallet is not authorized or the Transaction appears to not be genuine or unclear or raises such doubts.
TranServ, at its sole discretion, reserves the right to either temporarily or permanently withdraw the privileges of the Shmart Services, or the Shmart Wallet, and/or cancel the Shmart Services, or the Shmart Wallet, at any time without giving any notice or assigning any reason thereof, to any Customer or Merchant. In case of temporary withdrawal, the privileges may be reinstated by TranServ as deemed fit. However, it is made distinctly clear the withdrawal (temporarily or permanently) shall constitute automatic withdrawal of all attendant benefits, privileges and services attached to the Shmart Services, or the Shmart Wallet, as the case may be. However, the Customer shall continue to be fully liable for all the charges incurred for usage of the Shmart Services, or the Shmart Wallet, as the case may be, prior to such withdrawal together will all other applicable charges thereon, unless other specified by TranServ.
You acknowledge and agree that TranServ is not a bank.
You acknowledge and agree that TranServ does not provide or undertake any payment, disbursement, clearing or settlement services as understood under the Payment and Settlement Systems Act, 2007 (“PSS Act”); any banking services as understood under the Banking Regulation Act, 1949 (“Banking Regulation Act”); any activities undertaken by a financial institution as understood under the Reserve Bank of India Act, 1934. The Shmart Services provided by TranServ constitute a technology and aggregation platform that enables the Customer to avail the benefit of these services provided by Payment Service Providers and Partner Bank who are authorised to provide these services under the PSS Act and Banking Regulation Act, as the case may be. You acknowledge and agree that TranServ has no responsibility or liability to you related to any such services provided by Payment Service Provider or Partner Bank or any other third parties to you through the use of the Shmart Services other than as expressly set forth in these Terms & Conditions.
By accepting these Terms & Conditions, you authorize us to settle funds on your behalf. Your authorization will remain in full force and effect until your Shmart Wallet is closed or terminated.
Customer’s Representations & Warranties
You represent and warrant to us that:
you are at least 18 (eighteen) years of age;
you are eligible to register and use the Shmart Services and have the right, power, and ability to accept and perform your obligations under these Terms & Conditions;
your obligations hereunder constitute legal, valid, binding and enforceable obligations;
the acceptance of these Terms & Conditions do not breach any law, provisions of any contract or order of court applicable to you and do not require any applicable governmental approval;
you will not use the Shmart Services, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the delivery of the Shmart Services; and
your use of the Shmart Services will be in compliance with these Terms & Conditions.
Governing Law & Jurisdiction
These Terms & Conditions and/or the Transactions shall be governed by Indian law and all courts in Mumbai shall have the exclusive jurisdiction as regards any claims or matters arising out of the use of the Shmart Services, including the Shmart Wallet.
The Customer has the right to lodge complaint if they are not satisfied with the services rendered by TranServ. The complaint can be sent to email@example.com
By accepting the terms and conditions the customer accepts that TranServ may send them
alerts or information regarding what TranServ perceives to be of their interest. These could
be in the form of SMS, e-mail, message or calls on their mobile number or e-mail Id,
provided by the customer while registering for the service or to any such number replaced
and informed by the customer. This message may include offers, discounts and general
information. In case the customer does not want such information, they have to explicitly
ask to be excluded.
The customer acknowledges that the alerts will be received only if the mobile phone is in
‘On’ mode to receive the SMS. If the mobile phone is in ‘Off’ mode then the customer may
not get / get after delay any alerts sent during such period. The customer cannot hold
TranServ liable for non-availability of the service in any manner whatsoever.
The customer acknowledges that the SMS service provided by TranServ is an additional
facility provided for the customer’s convenience and that it may be susceptible to error,
omission and/ or inaccuracy. In the event the customer observes any error in the
information provided in the alert, TranServ shall be immediately informed about the same
by the customer and TranServ will make best possible efforts to rectify the error as early as
possible. The customer shall not hold TranServ liable for any loss, damages, claim,
expense including legal cost that may be incurred/ suffered by the customer on account of
the SMS facility. The customer acknowledges that the clarity, readability, accuracy, and
promptness of providing the service depend on many factors including the infrastructure,
connectivity of the service provider. TranServ shall not be responsible for any non-delivery,
delayed delivery or distortion of the alert in any way whatsoever.
By accepting the terms and conditions the customer acknowledges and agrees that
TranServ may call the mobile phone number or contact them on their e-mail id, provided by
the customer while registering for the service or to any such number replaced and informed
by the customer, for the purpose of collecting feedback.