This User agreement (‘Agreement’ hereinafter) for providing of Services is made and executed on the date accepted by the User, by and between:
Ewire, a company validly organized and existing under the provisions of the Companies Act, 1956, and having its registered office at 64/3839, Ujjaini, Vyloppilly, Azad Road, Kaloor, Kochi 682 017, Kerala, which expression shall, unless the context requires otherwise, mean and include its successors and assigns;
And the User which expression shall, unless the context requires otherwise, mean and include its successors and assigns.
Ewire has been licensed to issue pre-paid cards and also has developed a digital application which acts as a virtual bank offering digital banking services of third-party payment processing to its Users including but not limited to recharges, transfer of money, withdrawal of money from ATM, online purchases, bill payments, shopping and many other Value Added Services
User has expressed their interest in availing the services of Ewire
Based on the said expression of interest, Ewire has agreed to grant the User the Services of Ewire as a non-exclusive right to provide Services as per the terms and conditions provided herein.
For the purposes of this Agreement the following words and phrases shall bear the meanings respectively thereunto described:
‘Agreement’ means this document entered into by and between Ewire and the User together with any and all Annexures hereto, signed by both the parties and shall be deemed to be read as an integral part of this Agreement.
‘Services’ means such services as detailed in Annexure-I.
The Agreement for provision of Services shall be governed solely as per the terms of this Agreement to the entire exclusion of any terms/conditions that the User may state/ mention in any quotation and/or any other correspondence sent by the User.
The service charges for the Services shall be as set out in Annexure-I.
Ewire shall reserve the right to temporarily block/suspend/discontinue the Account of any User if:
The User is violating the AML and PMLA guidelines.
The User does not furnish necessary KYC documents when required to do so based on the risk assessment made by Ewire.
The User fails to adhere to any of the terms & conditions of Ewire and/or any of the regulatory requirements.
Ewire account is being used for any unlawful or suspicious activity which is inconsistent with any of Ewire’s practice.
Directions to the effect is received from the law enforcement authorities, regulatory authorities, etc.
To combat potential fraud, sabotage, willful destruction, threat to national security or for any other force majeure reasons ;
For any suspected violation of the rules, regulations, orders, directions, notifications issued by RBI from time to time or for any violation of the Terms and Conditions mentioned herein.
Ewire does not sponsor any particular product or any business unrelated to Ewire and any payment for purchase of goods and services by using the Ewire’s services will be confined to payment arrangement with such entities or its subsidiaries/associates/principal.
The User shall be solely responsible for the confidentiality, safety and security of the mPIN. The User shall be the sole owner of the mPIN and shall be responsible for the consequences arising out of disclosure of the mPIN and/or the unauthorized use of its use and of Ewire services.
In case the mobile phone/SIM card associated with Ewire is lost/stolen/misplaced/ no longer in the User’s control or possession or is not operational, the User shall promptly inform Ewire.
The User shall intimate Ewire about change in any information, including but not limited to change in address etc. within one week along with such proof of change as per the KYC documents prescribed by Ewire and further provide any information and document that Ewire may request from time to time
The User shall not use Ewire services for any purpose that might be construed as contrary or repugnant to any applicable law, regulation, guideline, judicial dicta, Ewire policy or public policy or for any purpose that might negatively prejudice the goodwill of Ewire.
Ewire reserves the right and the User hereby authorizes the Ewire to reverse any entries erroneously/extraneously passed, with or without notice to/from the User and to debit/credit the Account to the extent required to correct any erroneously/extraneous entries that may have been inadvertently made by Ewire.
Ewire shall not be responsible for any acts or omissions of any third party with regard to services which are not expressly authorized by the Ewire.
Ewire shall not be liable to any person for any delays, loss of business, profit, revenue or goodwill, anticipated gains (included opportunity loss), damages, fees costs, expense, etc. or for any indirect or consequential loss, howsoever arising, on Ewire Account being unavailable/usage of Ewire services or otherwise.
The Terms and Conditions herein shall be subject to the notifications/ guidelines issued by RBI, from time to time.
The Ewire will on best effort basis ensure that User transactions and information remain secure and confidential.
All transactions initiated by the User are instantaneous in nature and cannot be reversed/cancelled/stopped once initiated either through mobile or internet banking. Ewire shall not be held liable for not honoring such request to reverse/cancel/stop
Ewire will in no way be held responsible or liable for any delay, failure and/or untimely delivery/fulfillment of any services provided by any third party users including telecom users due to but not limited to network congestions, network failure, systems failure or any other reasons beyond the reasonable control of Ewire or its User(s) resulting into failure or delay of Ewire Services.
All the services to be delivered under this Agreement shall be strictly governed by the terms and conditions of this Agreement.
Ewire shall have the sole right to add and/or delete any Services provided to the User under this Agreement. However, it is agreed between the Parties that any such addition/deletion shall be done only after due intimation by Ewire to the User in writing.
If Ewire allows the User to use any pattern, tools, plans or other aids in providing of services (either supplied or owned by Ewire) then the following shall apply:
All such patterns, tools, plans and other aids shall be held and used at the sole risk of the User and the User shall fully indemnify Ewire in respect of any liability whatsoever that Ewire may incur, as a result of usage of such patterns, tools, plans or other aids having been made available to the User; and Such patterns, tools and other aids are to be used solely for using of the Services of Ewire
Ewire shall at all times retain absolute title to any materials, plans, pattern, and tools whatsoever supplied to the User hereunder.
The User agree to indemnify, defend and hold the Ewire and/or related parties harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including and without limitation legal fees and expenses, arising out of or related to the use or misuse of the Ewire services, any violation of these Terms and Conditions, or any breach of the representations, warranties, and covenants.
If any part of this Terms and Conditions is adjudged void or inoperable for any reason, the same shall be severed from the remainder of the Terms and Conditions and only that portion of this Terms and Conditions that is specifically adjudged void or inoperable shall cease to govern the relationship between Ewire and the User.
Except as provided for in this Agreement, neither party shall acquire a right to use, and shall not use without the other Party’s prior written permission in each instance, the names, characters, artwork, designs, trade names, trademarks, or service marks of the other Party in advertising, client list, publicity, public announcement, press release or promotion, or in any manner tending to imply an endorsement of the other party’s products or services and shall maintain all copyright, trademark, service mark or other proprietary notice on such party’s products or services and otherwise comply with such party’s reasonable quality control requirements.
The User accepts for all purposes that any trademarks, logos, Service marks, trade names or identifying slogans affixed or used by Ewire or any of Ewire’s affiliated companies in respect of the services of Ewire, whether registered or not, constitute the exclusive property of Ewire or its affiliated companies and cannot be used except in connection with the promotion of the services of Ewire and without the prior written consent of Ewire. The User shall not contest, at any time, the right of Ewire or its affiliated companies to any trademark or trade name or any other Intellectual Property used or claimed by Ewire or its affiliated companies.
Ewire reserves the right of prior review and approval of the User’s use of Ewire’s Intellectual Property including but not limited to any trademarks, logos and trade names as well as all relevant advertisement material. The User shall not publish, nor cause to be published, any advertisement, or make any representations oral or written, which might confuse, mislead or deceive the public or which are detrimental to the name, trademarks, goodwill or reputation of Ewire.
In the event of the breach of any terms of this Agreement by the User, Ewire shall be entitled to terminate the Agreement. The decision of Ewire as to any breach shall be final and binding on the User.
This Agreement shall be effective from when it is agreed and shall be valid till cancellation or termination earlier by either of the Parties as per the terms of herein.
This Agreement may be terminated by either party by giving Thirty days’ notice in writing to the other party.
Any and all disputes, controversies and conflicts ("Disputes") arising out of this Agreement between the Parties or arising out of or relating to or in connection with this Agreement or the performance or non-performance of the rights and obligations set forth herein or the breach, termination, invalidity or interpretation thereof shall be referred for arbitration in terms of the Arbitration and Conciliation Act, 1996 or any amendments thereof. The place of arbitration shall be at Ernakulam and the language used in the arbitral proceedings shall be English. Arbitration shall be conducted by a sole arbitrator.
This Agreement shall be governed by the laws in India and courts in Ernakulam shall have exclusive jurisdiction over matters relating to or arising from this Agreement.