This agreement is between the applicant/customer
("you", "your",
"Customer") which term shall mean and include its
heirs, assigns and successors on one part; and, Beam Money
(P) Limited, having its registered office at Enterprise,
D-128-129, 402, Terrace Floor, Okhla Industrial Area, Phase 1, New
Delhi, 110020, India ("Beam") which term shall
mean and include successors, assigns and administrators on the
other part.
I. Becoming Customer/Subscriber, Beam
Customer, Beam Customer/Subscriber Account, Registered Mobile
Number/RMN, Secret Personal Identification Number/SPIN:
You confirm that you have signed the application-cum-agreement
after going through and having fully understood the terms and
conditions which have been explained in the language known to you
and accepting the terms of the agreement. By subscribing to the
Beam Money services, you acknowledge that you have read, understood
and agree to be bound by these terms and conditions.
II. On accepting the application-cum-agreement,
Beam shall allot a Beam Customer/Subscriber Account Number
("BSA") which is also referred as
Customer/Subscriber Identification Number ("SID")
identification whereafter you shall become and be referred as Beam
Customer. The Beam Customer shall also be issued a Secure Personal
Identification Number ("SPIN") by Beam that would
be required by you to authorize any transaction in the BSA. The
mobile number and Email ID mentioned by you in the
application-cum-agreement shall on registration, become your
Registered Mobile Number ("RMN") and Registered
Email ("REM"). Your username shall be the BSA or
the RMN; and password shall be the SPIN.
III. Terms of Usage - Beam Prepaid
Instruments: The Beam Prepaid Instruments
("BPI") are governed by the Payment and Settlement
Systems Act, 2007 ("PSSA") and regulations
thereunder as amended, as well as Reserve Bank of India
("RBI") directions / guidelines / approvals issued
from time to time ("RBI Guidelines") and also the
terms and conditions stipulated by Beam and RBI from time to time.
The BPI should be utilized by individuals who are above 18 years of
age only. Further, BPI may be used for availing various services
provided by Beam ("Beam Services"), which,
interalia, include but are not limited to, making payment of
utility bills, essential services etc. In case of non-utility bills
or non-essential services, the BPI may be used subject to
compliance of Know Your Customer ("KYC")
requirements as prescribed by RBI from time to time. KYC means Know
Your Customer information based on KYC documents furnished by the
customers as per the RBI Guidelines.
IV. Acceptance of Terms of
Use: Please read these terms and conditions carefully.
Availing the Beam Services as defined herein as also on Beam's
website www.beam.co.in / wapsite / IVR / app
("Beam Website/Wapsite/App"), expressly means that
you accept and agree to abide by these terms and conditions as well
as any other which might be stipulated by Beam from time to time
without prior notice. In case you do not agree to abide by these
terms and conditions as also the aforesaid, please do not avail
Beam Services.
1) Beam may in its sole
discretion alter, add or delete these terms and conditions as also
those mentioned on Beam Website from time to time, without any
prior notice, which shall come into effect automatically unless
otherwise specified by Beam. If you do not agree to any
modifications, you should discontinue availing the Beam Services
(other than those which have already been availed by you prior to
such modifications). In the event you continue to avail the Beam
Services, it will be conclusively deemed that you agree to abide by
the amended terms and conditions unconditionally.
2) The terms and conditions
of Beam shall be applicable for the use of BPI as well as the Beam
Prepaid Instrument Payment Gateway ("BPIPGI") as
may be amended from time to time. The use of BPI constitutes full
and unconditional acceptance of the terms and conditions mentioned
herein as also on Beam Website/Wapsite/App from time to time. These
terms and conditions shall be in addition to any other terms and
conditions as stipulated by Beam or RBI from time to time.
3) BPI may be used for
transactions as envisaged in/extant RBI Guidelines as amended from
time to time, which, interalia, stipulate that Pre paid Payment
Instruments ("PPI") up to Rs 1,000 may be issued
against any identity document furnished by you and for PPI up to Rs
5,000 can be issued by accepting any officially valid documents
defined under Rule2 (d) of Prevention of Money Laundering Act, as
amended, as proof of identity (as per para 6.4 of RBI Directions
dated April 27, 2009. As per RBI directions dated November 4, 2010,
the limit for utility bills/essential services/travel tickets for
issuance of PPIs has been increased to Rs 10,000 without any
separate KYC being taken from the customer. As per RBI's directions
dated May 4, 2011, the limit for semi closed PPIs has been
increased to Rs 50,000. RBI has permitted issuance of Prepaid Gift
Instruments ("PPGI") on November 4, 2010 and also
allowed the facility of Domestic Money Transfer
("DMT") from October 5, 2011.
4) Beam shall not be liable/
responsible for any defect in the product/merchandise/goods or
services availed by you through BPI. Beam does not
guarantee/warranty against any damage or defect for the
transactions done through BPI. Any dispute or claim regarding the
product/merchandise/goods or services must be resolved directly
with the merchant/seller.
5) Beam may charge merchant
discount rate / transaction service fee, convenience
charges/service fee, payment gateway service fees etc. for use of
BPI for payments to the merchant/seller. The aforesaid fees, as
applicable and fixed by Beam from time to time, will be mentioned
in the BSA.
6) Beam is irrevocably
authorised by you to use the information submitted in the
application-cum-agreement, as well as KYC submitted by you for
business purposes. You hereby consent to (i) receive e-newsletter,
short message service ("SMS") messages,
promotional offers as well as other communications containing
offers/schemes/incentives etc. and (ii) Beam providing your
information to sponsor/s and/or companies associated with it for
the purpose of providing you with offers and information.
7) No redemption or cash
withdrawal will be done unless permitted by RBI.
8) Use of BPI in foreign
currency is strictly prohibited unless permitted otherwise by
RBI.
9) BPI is valid for twelve
(12) months from the date of first usage or twelve (12) months from
date of manufacture ("DOM"), whichever is
earlier.
10) Beam shall not be responsible for any fraud or
misuse of BPI and you agree to be personally solely responsible and
liable for any and all costs, taxes, charges, claims or liabilities
of any nature, arising due to any such fraud or misuse of BPI.
11) The property in BPI belongs to Beam, which it
must be returned upon demand by Beam at its registered office
address or any other address communicated by Beam.
12) You agree to pay the full amount of the value of
BPI purchased by you.
13) Any duplication of BPI in any manner will
subject the same to cancellation with nil value.
14) BPI once purchased will not be cancelled.
Similarly BPI once loaded in the BSA cannot be cancelled.
15) BPI is not transferable except to another Beam
Customer.
16) Beam reserves absolute and sole right, at
anytime, to refuse for any reason, whatsoever the use of BPI on
merchants/sellers/Beam Customers.
17) You agree to obtain appropriate advice and to
familiarize yourself with the risks associated and all the terms
and conditions pertaining to BPI prior to purchasing BPI loading
the BPI amount in your BSA and thereafter transacting.
18) You accept and acknowledge that Beam is absolved
of any liability to any person, in respect of anything done and/or
omitted to be done by you in any manner whatsoever.
19) Beam is not responsible in any manner whatsoever
in case you lose, misplace or damage/mutilate/misuse the BPI.
20) You hereby unconditionally agree to take all
steps as instructed by Beam on cancellation of BPI.
21) You shall promptly inform Beam of any change of
your name, address, RMN, REM or any other data provided while
becoming Beam Customer as also for the issuance of BPI.
22) This agreement can be terminated by either party
giving a written notice of thirty (30) days to this effect.
23) Neither party hereto shall be liable to the
other for its failure to comply with any of the covenants contained
herein provided where such a failure is the result of the force
majeure, interalia lockouts, strike, fire, floods, earthquakes,
storm, act of God, governmental action, or any other reason beyond
control of the parties ("Force Majeure").
24) This arrangement cancels and supersedes any and
all prior arrangements written or oral, expressed or implied
between you and Beam.
25) That any indulgence and or forbearance accorded
to you by Beam shall not deemed to have modified and or forgone
Beam's rights and remedies as contained in this agreement as
amended and absolve you from discharging your obligations and
duties contained in this agreement as amended.
26) All disputes pertaining to BSA, BPI and
transactions will be resolved by Beam and the decision of Beam in
this regard shall be final.
27) Beam reserves the its absolute right to modify,
add/delete the terms and conditions, as amended, at its sole
discretion without prior notice and any liability to any
person.
28) Any notice or intimation required to be given by
either party shall be deemed to have been duly served if sent by
electronic mail, registered post to the respective parties by their
name and styles and address contained herein/in the application
attached.
29) In case of any dispute arising out of this
agreement the same shall be settled through arbitration by a Sole
Arbitrator. The Sole Arbitrator shall act as per the provisions of
the Indian Arbitration and Conciliation Act 1996 as amended, and
his decision shall be binding upon the parties. It is understood
and agreed by both the parties that Chairman of Beam shall be the
Persona Designata nominated by both you and Beam to nominate the
Sole Arbitrator. The venue of arbitration shall be Delhi, India
only and each party shall equally share the cost of the Sole
Arbitrator unless awarded otherwise.
The arrangements under this Agreement are subject to the
exclusive jurisdiction of Delhi Courts only. Further all
transactions between the parties mentioned herein shall be deemed
to have been made exclusively in Delhi only. Laws of India will
only apply.