Terms of Use

XPay.Life owns its proprietary technology, mobile app, customised version for devices and network, platform, website ‘collectively referred as XPay.Life’ and also solely owns the trademark and brand name of ‘XPay.Life’ within India. XPay.Life provides an application to manage your bank accounts and make payments to another person/ business or receive payments from another person/business. It is based on Unified Payment Interface (UPI) platform managed by National Payment Corporation of India (NPCI) an umbrella organization set up under guidance of Reserve Bank of India (RBI) and Indian Bank Association (IBA) XPay.Life, do not receive, transfer, or store any funds in connection with Payments, and are not responsible for UPI service interruptions or acts or omissions of PSPs, NPCI, or banks including the payment, settlement, and clearance of funds. You have a separate relationship with your bank regarding your bank account, and XPay.Life has no affiliation with your bank in this respect XPay.Life is a mobile Payment application which allows users to pay to merchants for goods or services purchased. Users can pay using XPay.Life payment mechanism to billers/merchants who are signed up on XPay Biller/Merchant Network. XPay.Life is a payment Service Provider only and does not sell goods or services. XPay.Life is not and cannot be a party to or control in any manner any transaction between the Users and merchants. XPay.Life system is security certified by CERT-In and adheres to UPI guidelines prescribed by NPCI. XPay allows the user to make Payment transactions In-store at merchant location using your mobile phone Bill & Utilities payments including mobile prepaid recharges, electricity bills online at certain merchants in above cases, users are allowed to make a payment using various payment instruments which includes Bank Accounts (using IMPS) and Credit and Debit Cards. The payment instruments and all data are securely stored in XPay.Life systems which are PCI-DSS compliant and certified. XPay.Life is completely compliant with Reserve Bank of India (RBI) Mobile Payment guidelines. On-boarding /Registering a User: As part of registration process you as XPay.Life user provide your mobile number. Mobile number verification is done by XPay.Life. On successful verification, user is asked to generate a 6 digit secure PIN. This PIN would be required to access the XPay.Life application every time.The user is supposed to keep this PIN secret and not share with anybody.


Storing Payment Instruments : User can configure his/her Bank accounts or Credit/Debit Card supported on XPay.Life. As part of the configuration, XPay.Life application sends SMS messages to the configured Bank or Credit/Debit Card Issuing Banks to authorize the account/cards. All the Payment instruments are stored securely in XPay.Life systems which are PCI-DSS compliant and certified.


How to Use XPay.Life? At the time of payment, user needs to provide 6 digit PIN to access the application. User chooses the Payment Instrument (Bank account or Card) and then requests for the One Time Password (OTP) for the transaction. On receiving the OTP, user takes the phone within 3 inches of the Merchants phone and clicks on “Initiate Payment” to initiate the payment. User gets the invoice on his/her phone which clearly displays the Merchant Name and the amount that the merchant is charging the customer. The customer needs to validate the amount and then click on “Pay Now” to complete the payment. The status of the transaction is then shown to the user.


Permissible Payment Transaction: The user may only use XPay.Life Payment System to process a payment for goods or service that is purchased from a seller through a legitimate, bona fide sale of the goods or service. You may not use the XPay.Life service to purchase any goods or services which are illegal as per the Terms of agreement or Applicable Law of the country. You understand that the registration process may include access to Your mobile network and sending a unique SMS using your phone to verify, validate, register and link Your Bank Account on UPI Platform and create a unique Virtual Account Number (“VPA”). XPay.Life does not store the Bank Account number linked to Your VPA. Further, VPA can be used to: (i) Pay at merchant locations using QR code through your XPay.Life App; (ii) Online through certain merchant websites. The details provided by You as part of the UPI registration process, which includes your banking information, shall be shared and maintained at PSP Bank’s and NPCI’s secure library and You consent to share and authorize PSP Bank and NPCI to maintain this data.


Product Usage Guide

While your register and transact on using XPay.Life’s UPI, you are required to ensure the following: You are solely responsible for linking your correct bank account.
Your mobile number is treated as the primary identifier, your mobile number needs to be updated with the bank linked to XPay.Life App in case of any changes.
If You change the mobile number registered with Your XPay.Life Account, you will have to re-register your new mobile number with XPay.Life. To re-enable the Service, you need to register your new mobile number with your bank as well.
You shall take full responsibility of the payment request that you make and authorize on XPay.Life UPI, including addition of beneficiary, typing and reviewing VPAs and validating intended recipients and We do not take correctness of information that you enter during payment processing, including authorization
You agree that if you provide any information that is untrue, inaccurate, not current or incomplete or we have reasonable grounds to suspect such information is untrue, inaccurate, not correct or incomplete or not in accordance with the Terms of Use, we can terminate, suspend or block access to the account.
We shall ensure that all your confidential data pertaining to your money transactions, bank account details, and all other sensitive personal information are protected and kept confidential by employing best available protection standards, which are more fully set out in our Privacy Policy.
You agree that XPay.Life UPI, PSP or any other system participant in UPI Payment System shall not be liable for any delay in completion of the fund transfer or any loss on account of error in execution or availability of fund transfer by you.
You are required to ensure availability of sufficient funds in XPay.Life UPI linked Bank Account(s) in order to avoid transaction declines and charges if any accessed by your issuer Bank
You are solely responsible to keep Your OTP, UPI PIN, login details, and bank account related details (“Credentials”) confidential. You will be responsible for activities that occur in or through your XPay.Life Account. Further XPay.Life shall not be liable for any loss/damage caused to the You, in any manner whatsoever, arising out of/in relation to, misuse of Your Credentials, with or without your knowledge. Sharing such information with others may lead to unauthorized usage, for which XPay.Life shall not be responsible.
To keep you informed registration data which is a part of your credential will include a valid and functional e-mail address ("Registered E-mail ID"); a valid and functional phone number registered in your name ("Registered Phone Number"); a password; Valid Bank / Card details (for example, Bank Account No, IFSC Code, Bank Account Number, Card Number, Card Expiry details etc.) and any additional information that RBI Regulations may prescribe to be necessary to satisfy Know Your Customer norms ("KYC Norms"), or as XPay.Life deem fit.
XPay.Life to protect the security of your account and XPay.Life app, XPay.Life will require you to (a) immediately inform us at our Hotline number and email us at support@xpay.life of any unauthorized use of account; (b) to ensure you log out of your account at the end of every session. Following RBI Regulations/NPCI/ Statutory Guidelines to prevent money laundering and the funding of terrorism in India, XPay.Life may suspend or terminate your Account with immediate effect if we have reason to believe that the Registration Data or any other data provided by you is incorrect, or that the security of your Account has been compromised in any way.
In the event that you have forgotten the password to your Account, you may click on Forgot Password to request a new password. Based on our sole discretion and if we are satisfied that the identity of the applicant for a new password matches your identity, we will send an e-mail to your Registered E-mail ID, with instructions to reset your password ("Password Instructions"). You will be solely responsible for any transactions which occur through your Account once we send the Password Instructions to your Registered E-mail ID.
In the event that you are unable to access to your Account for any reason other than forgetting your password, please inform us at our Hotline No. +91 88843 56000 & email us at support@xpay.life and make a request for blocking your Account. We will not be liable for any unauthorized transactions made through your Account prior to you making a request for blocking.


By registering with XPay.Life and accessing the XPay.Life Services, you are representing the following:
You are 18 years of age or older;
You are capable of entering into a legally binding agreement; and
You are not barred or otherwise legally prohibited from accessing or using the XPay.Life App and XPay.Life Services.
You are otherwise competent to agree to the present terms.
You have exercised security and parental control at the device or system where XPay.Life app is downloaded or XPay.Life services are accessed and used. You are Indian citizen, a legal resident of India or a business entity, authorized to conduct business in India.
You understand that to use XPay.Life, you will need to be physically located in India when registering or linking your account on XPay.Life, have an Indian bank account and Indian mobile number. XPay.Life should not be used outside of India.
Basic usage requirements - You will need a mobile, internet or any other supported device ("Device") that meets certain system and compatibility requirements, which may change from time to time to use XPay.Life. Your ability to use XPay.Life and the performance of XPay.Life App may be affected by these factors. You agree that you are responsible for such requirements, including any applicable changes, updates, fees and all other terms provided under your agreement with your mobile device and telecommunications provider. XPay.Life will not be responsible for any lapse of security or failed Transactions due to your internet or Device service provider.
You agree to seek your credit score from Credit Information Companies using XPay.Life app may use the said credit score to determine your eligibility for access to diversified services of XPay.Life Services.
XPay.Life may at its sole discretion prevent Users from accessing the XPay.Life App and the XPay.Life Platforms in part or in whole if there is a history of payment default, failures, low credit score of a User is lower than a minimum entry threshold set by XPay.Life. You grant XPay permission to retrieve your bill information from listed billers, agencies, entities.
If you allow anyone to use your account, including individuals under 18 years of age, you will still be responsible for ensuring that such individuals comply with these Terms of Use. You will be responsible for all actions these individuals take in and/or through your account. You also acknowledge that XPay.Life does not have the responsibility of ensuring that You meet the aforesaid eligibility requirements.
Any change in the XPay.Life Account status or change of registered address and/or registered mobile number and/or email address shall be immediately informed to XPay.Life and shall duly get the same changed in the records of XPay.Life, failing which you shall be responsible for any non-receipt of communication/deliverables/transactional messages or the same being delivered at the old address/mobile number so registered in the records of XPay.Life.
Please read the terms and conditions carefully before registering, accessing or using the XPay.Life Platform and Services or through applications or websites of XPay.Life Group Entities (defined below). These terms and conditions are a legal contract ("Terms of Use") between You and XPay Life Technologies Private Limited (“XPay.Life”) having its registered office at No. 126/127, 1st Floor , Hubtown Solaris N S Phadke Marg, Andheri (East ), Mumbai Mumbai City Maharashtra 400069 India. You agree and acknowledge that you have read the terms and conditions set forth below. If you do not agree to these Terms of Use or do not wish to be bound by these Terms of Use, you may not use the XPay.Life Platform and Services and/or immediately terminate the Services and/or uninstall the XPay.Life App.


GLOSSARY OF DEFINITIONS


“XPay.Life”, “XIPHIAS” “We”, “Us”, “Our” means XPay.Life and XPay.Life Group Entities.
"Applicable Law" means all applicable laws, rules, regulations, guidelines, statutory or government notifications including Reserve Bank of India regulations and Payment Participant Rules.
"BBPOU" means Bharat Bill Payment Operating Unit operating under the applicable Bharat Bill Payment System regulatory framework.
"Biller" means a biller, including Prepaid Service Providers supported by XPay.Life for Bill Payment Services either through a biller aggregator or a BBPOU, to whom a User can initiate bill payment on XPay.Life
"Bill Payment Services" means the facility provided to Users on XPay.Life to view bills or pre-paid plans and make payments to Billers and receive other ancillary services.
“Credit Card Services” means the XPay.Life Services for application and management of Credit Cards, and related offers and services offered by Credit Institutions to You.
"Credit Institutions" means banks, non-banking financial institutions and other credit providers that have the requisite permissions from the applicable regulatory authorities to provide advances and loans to users.
“Customer’s Bank” means the bank where the User maintains his/her Funding Account and has linked that Funding Account for the purpose of debiting/crediting the Payment Transactions through UPI.
"Funding Account" means a credit card, bank account (through debit card or netbanking), BHIM UPI account or pre-paid payment instrument (such as cash card or e-wallet) that is registered or used by the User to fund Payment Transactions.
"NPCI" means the National Payments Corporation of India, that is an authorized payments system operator by the Reserve Bank of India, which owns and operates UPI.
"P2P Service" means the XPay.Life Services for facilitating P2P payment transactions.
"P2P Payment" or "Peer to Peer Payment" means a payment initiated by a User using the P2P Service that debits (or charges) a Funding Account of the User (i.e. Sender) and makes the funds available in the Payment Instrument designated by the Recipient.
"Payment Instrument" means, including but not limited to, a credit card, debit card, bank account, or prepaid payment instrument, including e-wallets and gift cards issued under Applicable Law, that is eligible for use by a User to fund Payment Transactions or a Recipient to receive payments.
"Payments System" shall have the meaning ascribed to it under the provisions of Applicable Law.
"Payment Participants" shall mean all the parties involved in the payment system including but not limited to payment/bill aggregators, Payments System Providers, acquiring banks, partner banks, the issuer of the Sender’s Funding Account, the issuer bank of the Recipient bank account, the issuer of the Payment Instruments, card associations, NPCI, Reserve Bank of India, etc.
“Payment Service Provider” or “PSP” is a banking company that is a payment participant, authorized to act as a “Payment Service Provider” under the UPI framework, and engages the TPAP to provide UPI services to the users.
"Payments System Providers" means banks, financial institutions, card associations, and other payment system providers (as defined under the Payment and Settlement Systems Act, 2007), with whom XPay.Life entered into an arrangement to facilitate Payment Transactions (as defined below) using Payments System Provider Services.
"Payments System Provider Services" means payment gateway system/interface/services provided to route payment instructions to Payments Participants for (i) Card Transactions, (ii) BHIM UPI based Transactions; (iii) net banking, (iv) prepaid payment instrument; and provide authentication and authorization from issuers, card associations, NPCI and/or other third party clearinghouses; and/or (v) provide settlement facilities in respect of payment instructions initiated by the User.
"Recipient" means a User, Merchant, Biller or third party who receives a payment from the Sender
"Sender" means a User who uses the XPay.Life Services to send a payment to a Recipient.
“TPAPs” means Us, a Third-Party Application Provider (TPAP) who provides Google Pay, a UPI compliant application to Users to facilitate UPI based payment transactions.
"Transaction" or "Payment Transaction" means (i) the payment request made by the User for sending or receiving payments; and (ii) the payment instructions provided by the Sender for debit of his/her Funding Account.
"UPI" means the Unified Payment Interface.
"UPI Transaction Data" means the individual UPI transaction data i.e. data in clear text format.
“You”, “Yours”, “Yourself”, “User” means any prospective user, or registered user of XPay.Life and XPay.Life Group Entities, including but not limited to customers and Commercial Partners.
“XPay.Life App” means mobile application(s), hosted by XPay.Life and XPay.Life Group Entities for providing services to the Users, and Commercial Partners.
“XPay.Life Group Entities” means associate companies, subsidiaries and affiliates of XPay.
"XPay.Life Platform” means any platform owned/subscribed/used by XPay.Life or XPay.Life Group Entities including but not limited to the XPay.Life Website, the XPay.Life App, other mobile applications, devices, URLs/links, notifications, chatbots, XPay.Life’s social media channels or any other communication medium or mechanism used by XPay.Life or its Group Entities to provide services to the Users.
“XPay.Life Website” means https://xpay.live or any other website hosted or registered by XPay or XPay.Life Group Entities.
“XPay.Life Services” means and include all services offered / to be offered by XPay.Life, and XPay.Life Group Entities either directly or through its Commercial Partners including but not limited to XPay.Life Bill Payment Services, XPay.Life Cash Services, XPay.Life Services, Rewards and XPay.Life Store Services.
“Commercial Partner” means any individual or entity with whom XPay.Life or Group Entities have a contractual relationship and includes but is not limited to entities offering rewards on XPay.Life App, Sellers, Lenders, XPay.Life Merchants etc.
“Sellers” means entities offering goods for sale to the Users via Xpay.Life.
“Terms of use” / “Terms and Conditions” are interchangeably used and mean these Terms of Service including the Supplemental Te


YOUR USE OF XPAY PLATFORM AND SERVICES


I. You agree that
Unless otherwise permitted by XPay.Life in writing, You may only possess one account.
Your use of the App shall not violate any applicable law or regulation.
Your use of the XPay.Life App, and XPay.Life Platforms shall be only for personal purposes.
All registration information you submit is truthful, complete and accurate and you agree to maintain accurate, complete and up-to-date account information in your account.
You are responsible for all activity that occurs under your account.
You are responsible for maintaining the confidentiality of the access XPay.Life credentials of your account and are fully responsible for all activities that occur under your account. You agree to immediately notify XPay.Life of any unauthorized use of your passcode or account or any other breach of security.
You agree that You are aware and responsible for all transactions taking place through your Account. You shall continue to be responsible for the transactions in your account, if you knowingly or negligently (i) grant any other person access to your XPay.Life App, (ii) permit them to transact on Your account, or (iii) transact on any other person’s behalf or directions; whether by sharing one-time passwords or in any other manner.
You shall not indulge in decompiling, reverse engineering, disassembling content, removing any intellectual property right associated with the XPay.Life App, including our copyright, trademarks, trade secrets, designs, and patents, or other proprietary notices.
You shall not access or use the XPay.Life App in any manner that (i) may be harmful to the operation of the XPay App or its content; (ii) may be unlawful; (iii) maybe harmful to XPAY or to any other User; (iv) may hinder the other User’s enjoyment of the XPay.Life App; or (v) to defraud other Users, XPay.Life or the Commercial Partner
You shall not post, distribute, or otherwise transmit or make available any software or other computer files that contain a virus, other harmful component or malicious content, or otherwise impair or damage the XPay.Life App or any connected network, or otherwise interfere with any person or entity's use or enjoyment of the XPay.Life App.
You shall not delete or modify any content of the XPay.Life App.
Your use of the XPay.Life App shall indicate that you have provided consent to automatically receive updates such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, ‘Updates’), for the purpose of effective delivery of the XPAY Services. Please note that your continued use of the XPay.Life App following such Updates would mean deemed acceptance by you of the same.
You understand and accept that not all products, services and rewards offered on the XPAY App are available in all geographic areas and you may not be eligible for all the products, services and rewards offered by XPay.Life on the XPay.Life App or other XPAY Platforms. XPAY reserves the right to determine the availability and eligibility for any product, services and rewards offered on the XPay.Life App or any XPAY Platform.
You shall request .Li to block the Account and change the passcode immediately for the account, if your device has been lost or stolen. Specific obligations of yours
You shall be responsible to fill it complete, accurate particulars in the payment instructions for the UPI facility and will be liable to compensate XPay.Life for any loss arising on account of any error in instruction.
You will be bound by the payment instruction executed by XPay.Life, if XPay.Life has executed the payment instruction in good faith and in compliance with instructions given by the Customer.
You authorize XPay.Life to debit your Account (s) as per instruction received by way of payment instructions. The customer understands that although multiple bank accounts can be linked with UPI Facility, debit/credit transactions can be done from default account. Customers may change their default account before initiating such debit/credit transactions from a different Account.
You understand that funds must be available in your account towards fulfilment of Payment Instructions before/at the time of execution of payment instruction by XPay.Life You authorise XPay to debit the account for any liability incurred by XPay.Life on behalf of you for execution of the instruction issued by you. You understand and agree that once a fund collection request is accepted, the default account will automatically be credited with such amounts as may be mentioned in the fund collection request. You as a customer understand and agrees that such amounts once credited to default account cannot be reversed by the Customer.
You understand that payment will become irrevocable when executed by XPay.Life and you will not entitled to make any claim against Reserve Bank of India and/or NPCI in respect of UPI Facility.
You agree that XPay.Life shall not be liable for any delay in completion of fund transfer or any loss on account of error in execution of fund transfer
You should provide correct beneficiary details to XPay.Life at the time of availing the UPI Facility. You are solely responsible for entering wrong beneficiary details like incorrect Virtual Payment Address or incorrect mobile number or account number or IFSC Code, due to which the fund is transferred to an incorrect beneficiary. Not all XPay.Life users are ready or able to receive payments.
You may contact the beneficiary/recipient before sending payments to verify whether they are ready and able to receive payments.
You agree that the present UPI Facility are offered in line with the RBI’s guidelines on mobile banking which are subject to change from time to time. You will inform XPay.Life immediately of any inquiry, question or issue raised by any authority including but not limited to any statutory authority or official regarding and relating to XPay.Life, as well as expeditiously notify XPay.Life of any show causes, seizure or similar action and provide copies of any notices, memos, correspondences received from such authority. You will not unilaterally file any response / reply to such an authority without any prior approval from XPay.Life.

II. Offers & Rewards
XPay.Life would provide limited period offers from time to time and reserves the right to apply or revoke the offer. XPay.Life reserves the right to decide which payments qualify for the cash back offer. The current offer would be displayed clearly in the “Offers & Rewards” section of the XPay.Life Mobile application. While the payment transaction in XPay.Life doesn’t require internet facility on the customer mobile, having a mobile internet facility on the phone would aid in getting timely updates of the offers from time to time.
Rewards will only be only for Qualified Purchase for Rewards. XPay.Life will have final discretion in identifying a purchase as a Qualified Purchase for Rewards.
These transactions do not qualify, and will therefore NOT be eligible for Rewards:
Credit Card, loan, or repayment.
online gaming, betting, gambling, or lottery transactions.
Money transferred to financial or political institutions
payment made to court as statutory fees or settlement of decrees
Money transferred to digital wallets
Money transferred to restricted merchants who do not qualify as ‘purchase of genuine goods and services’
Rewards for Qualified Purchases made using Debit Card & UPI will be redeemable after a cool down period.
Rewards earned for Domestic Qualified Purchases may be converted to cash 15 days after they are credited
Rewards earned for International Qualified Purchases may be converted to cash 45 days after they’re credited.

III. Communication Policy
When You use XPay.Life or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.

IV. Refund Policy
You are responsible for the receipt of the goods or services from the Merchant in lieu of which the payment has been made. XPay.Life is not responsible for any purchase for which the said goods or services have not been received by you from the merchant. However, in case of issues in transactions, you may contact our customer support for resolution.

V. Mobile Recharges
We are a Reseller Only. XPay.Life does not provide mobile service and is only a reseller of prepaid mobile services by telecommunications service providers or the providers of such prepaid recharge or other distributors. Recharge sold by us to you is sold without recourse against us for any breach of contract by the telecommunication provider.

VI. Bill Payments From time to time
XPay.Life at its sole discretion, can add to or delete from such list of Billers that can be used in respect of making payments to a Biller. XPay.Life assumes no responsibility and shall incur no liability if it is unable to affect any Payment Instruction(s) on the Payment Date owing to any one or more of the following circumstances: If the Payment Account has insufficient funds/limits to cover for the amount as mentioned in the Payment Instruction(s) If payment is not processed by biller upon receipt. Circumstances beyond the control of XPay.Life (including, but not limited to events of Force Majeure, fire, flood, natural disasters, bank strikes, power failure, systems failure like computer or telephone lines breakdown due to an unforeseeable cause or interference from an outside force). In case the bill payment is not affected for any reason, you will be intimated about the failed payment.


SPAMMING AND ADDITIONAL TERMS AND DELIVERY OF SERVICES through XPay.Life Group Entities


You may not use contact information provided by us or other users or harvest such information for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications such as spam. You may not allow others to use your account to violate the terms of this section. We may terminate your membership or access to the Website immediately and take other legal action if you or anyone using your credentials violates these provisions.You agree and acknowledge that several features including but not limited to XPay.Life, Card Bill Payments and Rewards, are subject to certain supplemental Terms of Use set out below. Your usage of any features that have a set of Supplemental Terms of Use is deemed to be acceptance of the said Supplemental Terms of Use. You further agree that any XPay.Life Services may be provided to You either directly by XPay.Life or by any XPay.Life Group Entity and in particular, any payment to you or made by you may be routed through XPay Life Private Limited.


VIOLATION OR DEVIATION OF TERMS OF USE/ SUSPICIOUS ACTIVITY


If we believe that you have violated any of the conditions as mentioned under these Terms of Use, our Privacy Policy, Supplemental Terms applicable to certain services or any agreements consented to via the XPay.Life App, we reserve the right to suspend your access to the XPay.Life App and/or delete your account without prior notice to You. If we have reason to believe that there is suspicious or unusual activity being carried out through your account, we may temporarily or permanently suspend your access to the XPay.Life Services. You may reach out to the XPay.Life support team to assist you with any query or question arising as a result of the aforementioned suspension/ deletion.


TERMINATION / DELETION OF ACCOUNT


You may end your legal agreement with XPay.Life at any time by deactivating your account and discontinuing the use of the XPay.Life Services. We provide all our Users an option through which a User may request archive of a specific card stored on his/her account or deletion/deactivation of the complete account through the support section on the XPay.Life App. Following a request for deletion, or termination of account by XPay.Life, We consider the agreement to be terminated and take appropriate steps. Provided however, XPay.Life may continue to maintain transaction records for record keeping purposes and/or regulatory reasons. Deletion of the account or Termination also does not terminate Your obligations undertaken prior to deletion or termination of the account including but not limited to the obligation to repay any loan or credit line availed by You. XPay.Life may continue to retain a record of your transactions made on the XPay.Life App for regulatory and archival purposes.XPay.Life reserves its rights to suspend or terminate your User Account in any of the following events:
you breach any provision of these Terms;
the Company is required to do so under law;
or the Company chooses to discontinue the Services being offered or discontinue to operate the Platform;
the license granted to use the App expires, if and where applicable;
on non-payment of Outstanding Amount(s), if applicable.
Any abuse or unfair use of your User Account;
Use of your User Account for immoral and/ or purposes which may or may not be actionable under the law;

Upon termination of your User Account, the rights and licenses granted to you under these Terms shall cease to exist, and you must forthwith stop using the Platform and the Services and repay all Outstanding Amount(s), where applicable.


FEES


You are responsible for any fees that may be applicable to certain transactions or use of the XPay.Life App; where you will be notified of such applicable fees, prior to the completion of any transaction. By clicking ‘Proceed’ / ‘Submit’ / ‘Continue’ or any other similar button on the XPay.Life App, You shall be deemed to have consented to the fees displayed on the said page.


LOYALTY POINTS


XPay.Life offers its users loyalty points in various forms for their regular and continuous use of the XPay App. These loyalty points are provided for performing various actions on the XPay.Life App. Each user who makes his/her payments through the XPay.Life App earns loyalty points. XPay.Life reserves the right, at its sole discretion, to change the mode of the accrual of one or any of these types of loyalty points, including the number of such loyalty points received in proportion to the User’s activities. Further, XPay.Life reserves the right to disqualify any User, who does not meet the offer requirements or for any other reason including but not limited to any misuse of the offer or fraud or suspicious transaction/activity or under any legal requirement or applicable rules and regulations,from receiving any loyalty points. XPay.Life also reserves the right to discontinue or change or issue any new form of loyalty points offered at any time, at its sole discretion. XPay.Life may also at its discretion specify an expiry period for specific products like scratch cards, reward points and such other schemes.


DISCOUNT COUPON


Instant discounts are not cash backs. Instant discounts are applied while making a payment itself and its instant saving. It is an AI Based system which filters location, biller, bill amount, adaptability and other multiple factors to calculate the instant discount amount which varies from 2% till 100%.


REFER AND EARN


Referral bonus is applied only after the 1st successful transaction done by the user who has been referred. No referral points are applicable if the 1st transaction is not done.


PRIVACY


We collect, hold, use and transfer your personal data in accordance with our Privacy Policy. By agreeing to the Terms of Use, you hereby agree to our Privacy Policy, which may be updated and/or modified by us from time to time. You understand and agree that, to the extent permitted by applicable law, any data provided by you in connection with the XPay.Life Services may be shared with our subsidiaries, affiliates or partners, and/ or used by us for enhancing the XPay.Life Services, including but not limited to creating new products. Please refer to the Privacy Policy for further clarity on the subject. The Terms, Privacy Policy, disclaimers and all other policies which may be published and amended on the Platform, from time to time, shall form an integral part of the legally binding agreement between you and the Company (the ‘Agreement’).


COMPLIANCE WITH NPCI


National Payments Corporation of India (‘NPCI’) is an authorized payment system operator by the Reserve Bank of India (‘RBI’).
NPCI owns and operates UPI payment system. A Payment Service Provider (‘PSP’) is the banking company authorized to act as a Payment Service Provider under the UPI framework.
PSP engages the Third-Party Application Provider (‘TPAP’) to provide UPI services to You/User.
A TPAP is an entity that provides the UPI compliant app(s) to the end-user customers to facilitate UPI based payment transactions.
The bank where the end-user customer maintains his/her account and has linked the account for the purpose of debiting/crediting the payment transactions made through UPI is the Customers Bank. The end user customer is the individual who uses UPI payment facility to send and receive payments.
We, XPay.Life Life Private Limited, are a TPAP authorized by NPCI to facilitate payments through Yes Bank. We are a service provider, and we participate in UPI through PSP bank.
We are bound by the tripartite agreement entered with the sponsor PSP (YES Bank) and NPCI. We are responsible for facilitating grievances / complaints resolution of the customers on-boarded on our UPI application.
We shall be the first point of contact for all UPI related grievances/complaints for customers on-boarded by us. In case the complaint/grievance remains unresolved, the next level for escalation will be the PSP Bank, followed by the bank (where you maintain the account) and NPCI in the same order. After exercising these options, you can approach the Banking Ombudsman and/or the Ombudsman for Digital Complaints, as the case may be.
If you have any questions, complaints, or claims with respect to the Services, you may contact us at support@xpay.life.life.
UPI Payments – Stay Informed
What is NPCI? - NPCI is an authorized payment system operator by RBI. NPCI owns and operates UPI payment system.
What is PSP bank? PSP is the banking company authorized to act as a Payment Service Provider (PSP) under the UPI framework. PSP engages the TPAP to provide UPI services to the end-user customers.
What is TPAPs? Third Party Application Provider (TPAP) is an entity that provides the UPI compliant app(s) to the end-user customers to facilitate UPI based payment transactions.
What is Customer’s Bank? The Bank where the end-user customer maintains his/ her account and has linked the account for the purpose of debiting/crediting the payment transactions made through UPI.
Who is End User Customer? The end-user customer is the individual who uses UPI payment facility to send and receive payments. We hereby confirm that:
We, Xiphias XPay.Life Life Private Limited, are a TPAP authorized by NPCI to facilitate payments through Yes Bank (PSP). We are a service provider and we participate in UPI through PSP bank.
We are bound by the tripartite agreement entered with the sponsor PSP (Yes Bank Limited) and NPCI. We are responsible for facilitating grievances / complaints resolution of the customers on-boarded on our UPI application.
We shall be the first point of contact for all UPI related grievances/complaints for customers on-boarded by us. In case the complaint/grievance remains unresolved, the next level for escalation will be the PSP Bank, followed by the bank (where you maintain the account) and NPCI in the same order. After exercising these options, you can approach the Banking Ombudsman and / or the Ombudsman for Digital Complaints, as the case may be.
Roles & Responsibilities of NPCI:
NPCI owns and operates the Unified Payments Interface (UPI) platform;
NPCI prescribes rules, regulations, guidelines, and the respective roles, responsibilities and liabilities of the participants, with respect to UPI. This also includes transaction processing and settlement, dispute management and clearing cut-offs for settlement;
NPCI approves the participation of Issuer Banks, PSP Banks, Third Party Application Providers (TPAP) and Prepaid Payment Instrument issuers (PPIs) in UPI;
NPCI to provide a safe, secure and efficient UPI system and network;
NPCI provides online transaction routing, processing and settlement services to members participating in UPI;
NPCI can, either directly or through a third party, conduct audit on UPI participants and call for data, information and records, in relation to their participation in UPI;
NPCI provides the banks participating in UPI access to system where they can download reports, raise chargebacks, update the status of UPI transactions etc.
Roles & responsibilities of PSP Bank:
PSP Bank is a member of UPI and connects to the UPI platform for providing UPI payment facility to the PSP Bank and TPAP which in turn enables the end-user customers / merchants;
PSP Bank, either through its own app or TPAP’s app, on-boards and registers the end-user customers on UPI and links their bank accounts to their respective UPI ID;
PSP Bank is responsible for authentication of the end-user customer at the time of registration of such customer, either through its own app or TPAP’s app;
PSP Bank engages and on-boards the TPAPs to make the TPAP’s UPI app available to the end-user customers;
PSP Bank has to ensure that TPAP and its systems are adequately secured to function on UPI platform;
PSP Bank is responsible to ensure that UPI app and systems of TPAP are audited to safeguard security and integrity of the data and information of the end-user customer including UPI transaction data as well as UPI app security;
PSP Bank has to store all the payments data including UPI Transaction Data collected for the purpose of facilitating UPI transactions, only in India;
PSP Bank is responsible to give all UPI customers an option to choose any bank account from the list of Banks available on UPI platform for linking with the customer’s UPI ID;
PSP Bank is responsible to put in place a grievance redressal mechanism for resolving complaints and disputes raised by the end-user customer.
Roles & Responsibilities of TPAP (‘XPay.Life’):
TPAP is a service provider and participates in UPI through PSP Bank.
TPAP is responsible to comply with all the requirements prescribed by PSP Bank and NPCI in relation to TPAP’s participation in UPI.
TPAP is responsible to ensure that its systems are adequately secured to function on the UPI platform.
TPAP is responsible to comply with all the applicable laws, rules, regulations and guidelines etc. prescribed by any statutory or regulatory authority in relation to UPI and TPAP’s participation on the UPI platform including all circulars and guidelines issued by NPCI in this regard.
TPAP has to store all the payments data including UPI Transaction Data collected by TPAP for the purpose of facilitating UPI transactions, only in India.
TPAP is responsible to facilitate RBI, NPCI and other agencies nominated by RBI/ NPCI, to access the data, information, systems of TPAP and carry out audits of TPAP, as and when required by RBI and NPCI.
TPAP shall facilitate the end-user customer with an option to raise grievance through the TPAP’s UPI app, e-mail, messaging platform, IVR etc. for redressal of customer grievances.


Dispute Redressal Mechanism


1. Every end-user customer can raise a complaint with respect to a UPI transaction, on the PSP app / TPAP app.
2. End-user customer can select the relevant transaction and raise a complaint in relation thereto.
3. A complaint shall be first raised with the relevant TPAP in respect to all UPI related grievances / complaints of the end-user customers on-boarded by the PSP Bank (if the UPI transaction is made through TPAP app). In case the complaint / grievance remains unresolved, the next level for escalation will be the PSP Bank, followed by the bank (where the end-user customer maintains its account) and NPCI, in the same order. After exercising these options, the end-user customer can approach the Banking Ombudsman and / or the Ombudsman for Digital Complaints, as the case may be.
4. The complaint can be raised for both the types of transactions i.e. fund transfer and merchant transactions.
5. The end-user customer shall be kept communicated by the PSP / TPAP by means of updating the status of such end-user customer’s complaint on the relevant app itself.
6. Eligibility: In addition to other eligibility conditions mentioned herein, UPI payment on the Platform is available to XPay.Life Pay registered users who have bank accounts in any of the UPI member banks;
7. have registered on the Platform with the mobile number which is linked with their respective bank account which they want to use for UPI payments.


Your Account and Registration Obligations:


You agree to adhere with the following:
You have to necessarily install XPay.Life app on your smartphone to be able to register and transact using UPI payments.
To enable UPI payments, you first need to become a registered user of XPay.Life app with the mobile number which is linked to your bank account which you want to use for UPI payments.
Thereafter, you will be able to register for UPI payments by:
Providing your details and documents as required including for KYC purposes;
Selecting your bank: You first need to select the bank from amongst the list of UPI member banks as shown in the App in which you have the registered mobile phone number linked bank account;
Pursuant to selecting a bank from the UPI-member list, your mobile number will be verified with the UPI-member bank. If Your mobile number is not registered, then you will not be able to avail the UPI payment services unless you first register your mobile number with the respective bank and link it with the bank account you want to use for UPI payments;
Once your mobile number is verified by your bank, please follow the process and instruction to setup UPI payments on the Platform.
Once the UPI payments are setup on the Platform, you will need to authorize every UPI payment transaction by providing the UPI PIN which has been set by you;
You unequivocally and irrevocably agree and acknowledge that you are solely responsible for linking your correct bank account and updating your mobile phone numbers with the bank in case of any change.
If You change the mobile number registered with Your XPay.Life UPI account, you will have to re-register your new mobile number with/ through XPay.Life;
You agree that if you provide any information that is untrue, inaccurate, not current or incomplete or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the Terms, we may have to indefinitely suspend or terminate or block access to your XPay.Life account, provided that the availability of the said right shall not cast any obligation on us, in any manner, whatsoever, and that you shall always remain solely and individually liable for any consequences which ensue therefrom;
We will adhere with NPCI regulations including with respect to keeping confidential and protecting the UPI transaction related details available with us;
You are solely responsible to keep Your OTP, UPI PIN, mobile phone and bank account related details confidential and secure. Sharing such information with others and/ or providing access to your mobile phone to others, whether directly or indirectly or knowingly or unknowingly, may lead to unauthorized usage, for which XPay.Life and its Partners shall not be responsible or liable in any manner, whatsoever;
The smartphone which you use for UPI registration on XPay.Life shall become your registered device and its details shall be stored by us. The moment You log into your UPI account from a different device using the App, You will be asked to allow XPay.Life to send a SMS from the new device after which the new device will become your registered device and the old device will be automatically de-registered.
UPI User Obligations: you agree that you shall be liable for the following:
You must ensure the availability of sufficient funds in the bank account, set as default, before executing any transaction from your Account.
You unequivocally and irrevocably acknowledge, understand, represent and warrant that the UPI PIN generated using your credentials and account provides access to your linked bank account for fund transfers and that you are the sole and exclusive owner and the sole authorized user of the UPI PIN.
You accept sole responsibility for all activities pertaining and/ or emanating from your UPI account including but not limited to use, confidentiality and protection of the UPI PIN as well as for the services availed using UPI payment platform and/ or the UPI PIN. The UPI PIN is issued and verified by the issuer bank and is neither stored nor accessed by XPay.Life. You grant your express authority and consent to XPay.Life for carrying out or facilitating the carrying out of instructions authenticated by such UPI PIN. The User unconditionally undertakes to have UPI PIN of such number of digits as may be notified by the issuer bank from time to time and to ensure that the same is kept confidential. If the User forgets the UPI PIN, then the User may regenerate the UPI PIN from his XPay.Life app
You unequivocally authorize XPay.Life and NPCI to forward to your bank, your request to debit your linked bank account when You link your account with XPay.Life app. You are solely responsible for complying with any terms set by your bank or with respect to your account, including any fee terms, such as non-sufficient fund or overdraft fee terms.
For more queries on UPI payment, we encourage you to access the FAQ section on the official website of NPCI. https://www.npci.org.in/upi-faq-s
Transactions through XPay.Life UPI:
XPay.Life app UPI payment service can be used for peer to peer (P2P) transactions which may include bill payments, offline merchant payment, online payment for products and services. You need to authorize each UPI payment using your UPI PIN. You need to ensure that You are connected to the internet at the time of making any transaction.
XPay.Life’s Commitment and Obligations:
XPay.Life will executed the payment instruction received from you unless
(i) funds available in the account(s) of yours are not adequate or funds are not properly available to comply with payment instructions considering the periodic notifications on minimum balance requirement of banks.
(ii) if Payment Instruction is incomplete, or it is not issued in the agreed form and manner prescribed by XPay.Life (in accordance with the Guidelines),
(iii) XPay.Life has reason to believe that Payment Instruction is issued to carry out an unlawful transaction, or
(iv) the Payment Instruction cannot be executed under the NPCI UPI System.
(v) No Payment Instruction issued by you shall be binding on XPay.Life unless XPay.Life expressly accepts the same.
(vi) shall, for execution of every Payment Instruction, be entitled to debit the designated Account(s) of the Customer, with the amount of the funds to be transferred together with charges payable, if any prescribed.
XPay.Life while providing the UPI Facility to you shall follow the process prescribed by NPCI in this regard including but not limited to process for settling of timed out transactions within the time limit prescribed by NPCI in accordance with the Guidelines.
XPay.Life shall on best effort basis endeavours to provide to you the UPI VPA handle of his/her choice, however the decision of XPay.Life to allocate or not to allocate a requested UPI VPA shall be final and binding.
XPay.Life also reserves the right to withdraw a UPI VPA at any time if it is found to be not as per the requirements prescribed by the Guidelines.
In addition, XPay.Life reserves the right to hold, stop, delete, reset any UPI VPA used for any fraudulent activity, wrong doings, mis-use, if it violates any third-party intellectual property rights or under any unforeseen circumstance that may so warrant.
XPay.Life or its associate entities may review all your transaction and identify high risk transactions.
XPay.Life may engage consultants, experts, third party providers to assist XPay.Life in these efforts.
In case, transactions processed by You or any other activity that We believe may be suspicious or unusual, we may temporarily or permanently suspend your access to XPay.Life UPI services.
Your transaction may be rejected due to reason not limited to risk management, suspicion of fraudulent, illegal transactions, selling of prohibited items, use of compromised or blacklisted cards or UPI accounts, chargebacks/complaints or for other reasons as prescribed in the Payment Participant Rules.
We may further investigate and may suspend or terminate your XPay.Life account, report the transaction and your account details to legal enforcement agencies or other regulatory authorities as applicable or notified by law.
STATEMENT OF ACCOUNTS

A duly authenticated record of the transaction after completion of the fund transfers or funds collection or response to a funds collection request will be recorded in the statement of account in the mobile application of XPay.Life. The transaction will also be recorded in the statement of account given to you by the bank in which Account is maintained. You shall, within a period of ten (10) days from the date of receipt of the monthly statement, report to XPay.Life any discrepancy in the execution of the Payment Instruction. You agree that you will not be entitled to dispute the correctness of the execution of the Payment Instruction or the amount debited to his Account(s) if you fail to report the discrepancy within the said stipulated period.


UPI Limits issued by NPCI

Nature of Transactions Transaction Limit
Daily Frequency Limit (P2P Transfers) 10
Per Transaction Amount Limit (P2P Transfers and Merchant) Rs.1 lakh
Daily Cumulative Amount Limit (P2P and Merchant) Rs.1 lakh
Limit for newly registered users Rs.5000


*Banks have the flexibility to set their own limits lesser than the above limits prescribed by NPCI.
The first transaction after new user registration at XPay.Life is capped to Rs.5000/

Charges: Presently, we do not charge our users any fee for registering and/ or linking their bank account with UPI payment platform using the XPay.Life app. However, we may, at our sole discretion, introduce new services and/ or modify some or all of the existing services offered on the Platform and charge a fee, if not restricted by the law or the regulations governing UPI. Changes to the fee policy shall be posted on the Platform and such changes shall automatically become effective immediately after they are posted. Unless otherwise stated, all fees shall be quoted in Indian Rupees. Your bank may charge you a nominal transaction fee for UPI for which we encourage you to please check for such charges with your bank. Some banks may charge you some Fee for UPI transactions made using other VPA on UPI Payment Platform. Please check for such charges with your Bank. In addition, you may incur access or data fee from third-party providers in connection with your use of XPay.Life UPI handle or third-party platform, you understand that you shall be responsible for payment of such fees.

Bill Payment Services
XPay.Life through the Platform may facilitate bill payment services which may allow You to view Your bills and make payments to billers registered with NPCI. You understand, agree and acknowledge that the Bill Payment Services provided through the Platform are provided by Bharat Bill Payment Operating Unit ("BBPOU") under the Bharat Bill Payment System ("BBPS") infrastructure, where the Biller/ Merchant is registered with NPCI to participate within BBPS. You further agree, understand and acknowledge that the Platform only facilitates bill presentment and bill payment and is either through (i) an agent of the BBPOU in accordance with Applicable Law, where the Biller is registered with NPCI for BBPS; or (ii) a bill payment facilitator. Consequently, you agree that you shall be solely liable for all payments made through your account whether by you or on your behalf and that you shall keep XPay.Life completely absolved, harmless and indemnified from any claims, whether yours or of any third party in accordance with the Terms. You further agree that XPay.Life shall not be liable for any errors in bills, payment, faulty payments, incorrect payments including but not limited to double or multiple payments, chargebacks, fraudulent transactions, hacking activities and the likes.
When you transact using the XPay.Life (with any payment option) for availing the recharge and/ or bill payment services using XPay.Life or on any Merchant website/ Merchant platform/ Merchant store, these Terms will be applicable to you in addition to the terms and conditions and privacy policy of the respective Merchants.

Setting up Recharge & Bill Payments:
In order to make the recharge or bill payments you may have to provide the unique customer identity/ subscription identity number or bill number or registered mobile number, registered telephone number or such other identifier(s) which are required to fetch the payment/subscription due or bill value, subscription plan, due date, outstanding amount due and such other information necessary to enable the payment to your account maintained with the Merchant.
You authorize XPay.Life to access, fetch, share, use, store the information related to your account with the Merchant for recharge and bill pay services on an ongoing basis on your behalf for the said purposes.
You understand and acknowledge that correctness of information is of utmost importance for fetching the right bill and/ or subscription value, therefore, you hereby confirm to ensure and be solely responsible for the correctness and completeness of the identifier information provided for fetching correct bills and other related recharge and bill pay services.III. You understand and acknowledge that correctness of information is of utmost importance for fetching the right bill and/ or subscription value, therefore, you hereby confirm to ensure and be solely responsible for the correctness and completeness of the identifier information provided for fetching correct bills and other related recharge and bill pay services.
You understand that the amount to be paid, recharged or subscription value is an agreement between you and the Merchant and XPay.Life has no obligation to verify the correctness of the same.
You agree to keep your account information up to date and comply with the terms and conditions at all times otherwise XPay.Life has the right to suspend the account or deny any services.
You agree that for providing the recharge & bill pay services the User identifier data, location/state and/or KYC information / any other personal information would be required to be shared with the Merchant/ biller for tax /GST purposes.
You agree and authorize XPay.Life to communicate with the Merchant, third party service providers, aggregators with your account information for processing the transaction,
You also agree that XPay.Life may set up facilities like transaction history, reminder facility, etc. which you expressly consent to and understand that payment once made to the Merchant for recharge and bill payment is non - refundable.
You shall be responsible for any duplicate standing instructions for payment or delayed payments or any penalty/ interest levied by the Merchant on the payments made. It is re-iterated that XPay.Life only facilitates the payments to the Merchants on your behalf.

Your Responsibilities:
In connection with your use of the XPay.Life Recharge & Pay Bills, it shall be your responsibility to adhere to the following:
You should regularly verify the availability of registered Merchant on the Platform before bill payment due date, the transaction history and the notifications about the success or failure of the transaction after making the payment (even if standing instructions or other payment mandates have been enabled).
You shall be responsible for any charges levied by the Merchant/Biller in relation to the recharge & bill payment services that can be/ are to deducted from your account or that are added to your bill / subscription fees.
You shall be responsible for keeping a track of your periodic bills, subscription fee and recharge expiries and or due dates of any utilities/ services or recurring charge services that you have availed and XPay.Life shall not be responsible for any technical issue related to periodic retrieval of the bills from the Billers or any errors / discrepancies in the Bills.
You shall be responsible for scheduling your bill payment and you understand that the payment realization time shall vary from Merchant to Merchant and it is only based on your instructions that we will make the payment. We shall not be responsible for the delays/ reversals or failure of transaction.

Erroneous Transaction using UPI
Unauthorized Transactions: An unauthorized transaction occurs when a payment is made from your account which you did not authorize. For example, if someone makes a transaction from your account using a stolen password, an unauthorized transaction has occurred. If you, directly or indirectly or knowingly or unknowingly, provide access to your account to a third party including but not limited to by disclosing your login credentials, UPI PIN or any other information and they conduct transactions without your knowledge or permission, you are responsible for any resultant use/ misuse. The liability of any such use/ misuse is solely yours.

In the event of an unauthorized transaction through your account, you should immediately, without any delay, notify XPay.Life if you believe:
there has been an Unauthorized Transaction or unauthorized access through your account;
there is an error in your transaction history (you can access your transaction history statement by logging into your App and accessing the transaction history section);
your XPay.Life username and password and/or bank account UPI PIN has been compromised;
your device with XPay.Life app has been lost, stolen or deactivated;

For unauthorized transactions or errors in your Account, notify us by sending an email to support@xpay.Life. XPay.Life shall not under any circumstances be liable for refunding, reversing or reimbursing you for any fraudulent and/ or unauthorised transactions.

User Errors: If you erroneously send a payment to the wrong party or send a payment for the wrong amount (for instance a typographical error at your end) your sole recourse will be to contact the party to whom you have sent the payment and ask them to refund the amount or contact your bank for reversal of funds. XPay.Life will not reimburse, refund or reverse a payment that you have made erroneously.

No Refunds: All payments on or through XPay.Life including for mobile/ DTH recharge, Bill Pay, P2P transfers are final. Such transactions cannot be refunded, returned, reversed or cancelled once initiated. XPay.Life may revoke, suspend and/or terminate your Virtual Private Address (UPI ID) registered against your XPay.Life account anytime with or without prior notice at its sole discretion. In addition, your bank may suspend/ terminate UPI services at any time with or without prior notice. XPay.Life will not and shall not be responsible for service outages or changes, modifications and/ or cessation of services.


ANCILLARY SERVICES
If and where applicable, you may get access to chat rooms, blogs, feedbacks, reviews and other features ("Ancillary Services") that are/may be offered from time to time on the Platform and may be operated by us or by a third party on our behalf. You shall not (nor cause any third party to) use these Ancillary Services to perform any inciteful and/ or illegal activities (including without limitation defaming, abusing, harassing, stalking, threatening, promoting racism, or otherwise violating the legal rights, such as rights of privacy, of others) or immoral activities, falsely stating or otherwise misrepresenting your affiliation with a person or entity. Additionally, the Platform may contain advice/opinions and statements of various professionals/ experts/ analysts, etc. XPay.Life does not endorse the accuracy, reliability of any such advices/opinions/ and statements. You may rely on these, at your sole risk and cost. You shall be responsible for independently verifying and evaluating the accuracy, completeness, reliability and usefulness of any opinions, services, statements or other information provided on the Platform. All information or details provided on the Platform shall not be interpreted or relied upon as legal, accounting, tax, financial, investment or other professional advice, or as advice on specific facts or matters. XPay.Life may, at its discretion, update, edit, alter and/or remove any information in whole or in part that may be available on the Platform and shall not be responsible or liable for any subsequent action or claim, resulting in any loss, damage and or liability. Nothing contained herein is to be construed as a recommendation to use any services, products or processes and XPay.Life makes no representation or warranty, express or implied, in respect of each and every one of them.


LIMITATION OF LIABILITY


How to Use XPay.Life? In no event shall XPay.Life or its Group Entities, their officers, shareholders, subsidiaries, associate companies, directors, employees and agents, partners, co-branders, licensors, licensees, consultants, or contractors be liable to you or any third party for any special, incidental, indirect, consequential or punitive damages or losses whatsoever, or damages for loss of data or profits, goodwill, and/ or other intangible loss, whether or not foreseeable and regardless of whether XPay has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with your use of, or access to, the XPay.Life’s Platforms, XPay App or XPay Services. In no event shall XPay.Life or its Group Entities’ total cumulative liability to You in connection with the XPay.Life’s Services for all damages, losses and causes of action (whether arising under contract or otherwise), arising from or relating to Your use of the XPay’s Platforms or arising from these Terms of Use exceed INR 10,000 (Indian Rupees ten thousand).


INDEMNITY


You agree to defend, indemnify and hold harmless XPay.Life or its Group Entities, its officers, owners, directors, employees and agents, partners, co-branders, licensors, licensees, consultants, contractors and other applicable third parties (collectively ‘Indemnified Parties’) from and against any and all claims, demands, damages, obligations, losses, liabilities, cause of action, costs or debt, and expenses (including any legal fees) arising from:
your use of and access to the XPay.Life App and the XPay.Life Platforms;
your violation / breach of any of these Terms of Use;
your violation of any third party right, including any intellectual property right or privacy right;
the committing of any of the prohibited activities as stated herein;
your failure to be in compliance with applicable law, including tax laws and cyber security laws;
any claim that your use of the XPay.Life App caused damage to a third party.


GOVERNING LAW / DISPUTE AND ARBITRATION


The XPay.Life Platform, all your transactions with the XPay.Life App, and our relationship shall be governed by the laws of India, without regard to conflict of law principles. You agree that subject to the Disputes & Arbitration Clause above, all claims, differences and disputes which we may have shall be subject to the exclusive jurisdiction of the competent courts located in Bengaluru, Karnataka, India. In consideration for XPay.Life granting you access to and use of the XPay.Life App, Platforms and Services, you agree that in case of any dispute between You and any Commercial Partner or other User or recipient of the funds transferred by You, XPay.Life shall not be a party to the same. While XPay.Life is not obligated to mediate or resolve disputes, XPay.Life will assist Users in communicating with each other regarding a dispute and merely act as facilitators. Except as otherwise set forth in these Terms of Use, these Terms of Use shall be exclusively governed by and construed in accordance with the laws of India. Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Services or these Terms, including those relating to its validity, its construction or its enforceability, but excluding those provisions where it has been specified that XPay.Life’s decision shall be final, (any “Dispute”) shall be, if initiated by the User, first raised by the user to notices@xpay.life and grievanceofficer@xpay.Life
If such Dispute has not been settled within sixty (60) days after the User reaches out to the aforementioned email IDs, such Dispute can be referred to and shall be exclusively and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996 (“Act”). Provided however when XPay.Life raises any dispute, XPay.Life may directly initiate arbitration in accordance with this clause. The Dispute shall be resolved by one (1) arbitrator to be mutually appointed. The place the arbitration shall be Bangalore, India. The language of the arbitration shall be English. The existence and content of the arbitration proceedings, including documents and briefs submitted by the parties, and correspondence, orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.


USE AND PROTECTION OF GOODWILL, INTELLECTUAL PROPERTY AND TRADE SECRET


XPay.Life App, XPay.Life Website, XPay.Life logos, business formats, innovative features, and the XPay.Life Services are protected by copyright, trademarks, patents, trade secret and/or other intellectual property laws. No information, content or material from the XPay.Life’s App including, without limitation, all of the page headers, images, illustrations, graphics, audio clips, video clips or text, reports generated, trademarks, tradenames may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without Our express written permission. You are hereby given a limited licence to use the XPay.Life’s App and the XPay Platforms, subject to your agreement of these Terms of Use.
XPay.Life and Group Entities, and its licensors, if any, are the sole owners of the underlying software and source code associated with the XPay.Life’s App and XPay Platforms as well as any other intellectual property rights of any other nature associated with the XPay App, XPay Platforms and their content. When you upload, submit, store, send or receive content that may include feedback to or through the XPay.Life App, you give XPay.Life and its Group Entities a worldwide, perpetual licence to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute such content. This licence shall not expire even if it is not used by XPay.Life or its Group Entities. The rights you grant in this licence are for the limited purpose of operating, promoting, and improving the XPay.Life Services, and to develop new ones. This licence continues even if you stop using the XPay.Life Services.


TAX LIABILITY


You hereby agree to comply with any and all applicable tax laws in connection with your use of the XPay.Life Services, including without limitation, the reporting and payment of any taxes arising in connection with payments made through the XPay.Life App, or funds/income received through the XPay.Life Services.


FORCE MAJEURE


Without limiting the foregoing, under no circumstances shall the XPay.Life be held liable for any damage, loss, failure to provide Service or loss of services of Platform, inaccessibility of Platform, Partner Service, deficiency in provision of the Services, breach of any obligation of the Company and/ or its Partners, etc. resulting directly or indirectly from acts of God or nature, forces or causes beyond its reasonable control, including, without limitation, global or regional internet, server outage, uptime disruption, epidemic, pandemic, bio-hazards, diseases, outbreaks, war, terrorist attack, government orders or advisories, lock-downs, lock-outs, strikes, financial crisis, liquidity crisis, internet failures, cyber-attacks, computer equipment failures, telecommunication equipment failures, change in applicable laws and regulations including Reserve Bank of India regulations or any other government regulations, floods, storms, other natural calamities or disasters, electrical failure, civil disturbances, riots, etc.


ASSIGNMENT


You shall not transfer or assign any of Your rights and obligations arising from these Terms of Use. You agree and acknowledge that XPay.Life may assign or transfer its rights and obligations under these Terms of Use in whole or in part, to (i) any other XPay.Life Group Entity; (ii) an acquirer of XPay.Life or its Group Entity or their respective equity interest, business or assets; or (iii) a successor entity resulting from any corporate action including mergers or demergers.


GENERAL


No joint venture, partnership, employment or agency relationship exists between you, XPay.Life Group Entities or any Third Party as a result of the contract contained in these Terms of Use. If any provision of these Terms of Use is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms of Use but the legality, validity and enforceability of the other provisions in these Terms of Use shall not be affected. In that event, XPay.Life shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms of Use. These Terms of Use (together with any additional terms displayed in specific sections of the XPay.Life App or XPay.Life Website) constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter.
UPDATION AND CHANGES

We may amend these Terms of Use at any time by posting an updated version on the XPay.Life Platform and Website. The updated version of these Terms of Use shall supersede the previous version of the Terms of Use and take effect immediately upon posting. You have the right to opt-out of agreeing to these Terms of Use or any future updated version of the Terms of Use, by ceasing to use the XPay.Life App. However, please be aware that your continued use of the XPay.Life Services from the launch of any updated Terms of Use would mean deemed acceptance of such updated Terms of Use including any modification thereof.


Contact


If you have any concerns, complaints or grievances about the terms or other users or their manner of use of the application infringe or violate your rights or any complaints about how we handle your personal information, please feel free to contact customer support within the XPay.Life App, on XPay.Life’s official social media channels, or the Grievance Officer any time at:

Contact Us