Terms & Conditions - TurtlemintPro

MINT PAY – TERMS OF USE

INTRODUCTION

These terms and conditions (“Terms and Conditions“), read together with the privacy policy located at https://www.mintpro.in/mintpay-privacy-policy/ (“Privacy Policy”) constitute a legal and binding agreement between You (hereinafter referred to as “You”, or “Your”) and Invictus Insurance Broking Services Pvt Ltd. (“Invictus”) and accordingly the Terms and Conditions shall apply to You and shall regulate the provisions of prepaid payment instrument platform (mobile application) namely Mintpay accounts as provided by Invictus (“Mintpay”) for Your usage wherein in this context, “We”, “Us” or “Our” refers to Mintpay or Invictus.

These Terms and Conditions constitute an electronic record in accordance with the provisions of the Information Technology Act, 2000 and the Information Technology (Intermediaries guidelines) Rules, 2011 thereunder, as amended from time to time and accordingly the Mintpay account is maintained and regulated with Yes bank and the technological support is provided by Invictus.

Please read the Terms and Conditions and the Privacy Policy before registering and thereafter use of services as provided on Mintpay. Before completing the sign-up process, accessing, browsing for availing any of the services as offered on Mintpay, you are deemed to have expressly read, understood and accepted each and every Terms and Conditions mentioned herein. You agree to be bound by all the Terms and Conditions mentioned herein, as may be amended from time to time.

Usage of Mintpay and all related content, information, material, trademarks, services marks, trade names, and trade secrets including but not limited to the software, text, images, graphics, video(s), script and audio, contained in the Mintpay are proprietary information of Invictus.

DEFINITIONS
In these Terms and Conditions, unless the contrary intention appears and/or the context otherwise requires, capitalized terms defined by: (i) inclusion in quotations and/ or parenthesis have the meanings so ascribed; and (ii) the following terms shall have the meanings assigned to them herein below:
1. “Account” refers to a prepaid account with an account balance equivalent to amount loaded in Mintpay, for the purpose of monitoring the limits available in such accounts.
2. “Business Day” shall mean any day other than Saturday, Sunday or any day on which banks in Mumbai are open for general banking business .
3. “Charges” means such levy, costs and charges levied by Invictus for usage of the Mintpay, as amended from time to time.
4. “Customer” or “You” shall mean any person in whose name Mintpay account is created and who is authorised to hold and use the same against the value stored on such Mintpay account.
5. “Customer Care Centre” refers to the contact centre which can be reached by the Customer through sending an e-mail to pospsupport@turtlemint.com for addressing all his/her queries, complaints or any details or information sought by the Customer in relation to the Mintpay account.
6. “Internet Payment Gateway” means the protocol stipulated/to be stipulated by us authorizing the payments made using Mintpay over the internet upon authentication of the Customer.
7. “Merchant Establishment” shall mean the insurance company offering insurance policies and related services.
8. “PIN” is a password used by the customer to login to Mintpay account.
9. “Mintpay account” shall mean a prepaid account which that facilitates purchases against the value stored on such account as defined in the Regulations.
10. “Regulations” shall mean the master directions, circulars, notifications, rules, guidelines, regulations, etc. issued by Reserve Bank of India or any other competent authority towards operations of Mintpay account, as may be amended from time to time.
11. “Transaction” means any transaction initiated by the Customer using Mintpay at any Merchant Establishment.
12. “Yes Bank” shall mean Yes Bank Limited, a banking company which is assisting Invictus in managing payment transactions as contemplated on the Mintpay accounts.
CREATION AND USAGE OF MINTPAY ACCOUNT
1. The Mintpay account shall be exclusively used by the Customer.
2. The Mintpay account shall be valid only within the territory of India and for transactions in Indian Rupees only. The Mintpay account cannot be used outside the territory of India or for any transactions denominated in foreign currency.
3. The Mintpay account shall not be transferable to other individual or third party under any circumstances.
4. We shall not be liable to pay any interest on any balance maintained in the Mintpay account at any point of time.
5. The Customer agrees and confirms that the PIN shall, under no circumstances be revealed by the Customer to any relatives or family members or third parties. The Customer shall be solely responsible and liable for the consequences arising out of such unauthorized disclosure of PIN and/or unauthorized usage of the Mintpay account. We disclaim all responsibility and liability arising out of or in connection with the unauthorized usage of the Mintpay account and/or any loss or damage, whether direct or indirect, incurred by the Customer as a result of such misuse. If the Customer forgets or misplaces the PIN, the Customer should visit the website or mobile application or any other mode as may be made available by us for re-generation of PIN.
6. Invictus shall intimate the Customer about the expiry of the Mintpay account 45 (forty five) days prior to such expiry . The Customer shall be required to utilize the entire credit balance as may be available in the Mintpay account prior to its expiry else the entire credit balance shall be transferred to a fund in compliance with the Regulations and the Customer shall not be able to utilise the credit balance for any purpose whatsoever. The Customer may approach Invictus for renewal of the Mintpay account prior to expiry of the Mintpay account in order to utilise the credit balance post expiry of the Mintpay account.
7. The Customer hereby agrees and acknowledges that the credit balance as may be available under the Mintpay account cannot be withdrawn and/or refunded once the same has been added to the Mintpay account during the validity of the Mintpay account. Only upon termination of the Mintpay account by the Customer, credit balance under the Minpay account shall be refunded to the Customer.
8. Any charges, fees, cost and/or penalties levied by the Merchant Establishment in relation to any Transaction shall be directly settled by the Customer with the Merchant Establishment. Invictus shall not be made party to and/or be held liable or responsible, either directly or indirectly, for any act or omission on the part of the Merchant Establishment or the charges or cost levied by the Merchant Establishment on the Customer in relation to the Transaction.
9. All refunds and adjustments due to any Merchant Establishments on account of device error or communication link will be processed manually and the Account will be credited after due verification by us pursuant to the applicable rules, regulation and our internal policy . The Customer agrees that any subsequent Transactions will be accepted or honored only based on the available credit balance in the Account without taking into account any disputed amount under consideration by Invictus. The Customer shall unconditionally and irrevocably keep Invictus and/or its directors, employees and related companies indemnified against any losses, costs, and/or damages which it may suffer on account of any dishonour arising from any deferred payments or as a result of insufficient funds in the account. The Customer agrees that Invictus shall be entitled to deduct such losses and/or damages (directly or indirectly) caused due to any action of the Customer to Invictus, from the Mintpay account. However, in case balance in such Mintpay account is insufficient to cover the losses, the Customer shall then be held personally liable and responsible to pay for any such remaining damages from its own personal account and/or its own funds to entirely cover Invictus from any outstanding losses not covered from the Mintpay account balance.
10. The Customer undertakes to act in good faith at all times in relation to all dealings of the Mintpay account. The Customer shall be held fully liable and responsible for any illegal or wrongful use of the Mintpay account in contravention to the Terms and Conditions contained herein.
11. The Customer hereby agrees not to use Mintpay account for any other purpose than as more specifically provided under these Terms and Conditions and making any payment(s) towards any goods and services, which is illegal under applicable laws. Mintpay Account cannot be used for making purchases of prohibited or contraband products or services like lottery tickets, banned or prohibited magazines, participation in sweepstakes, purchase of bitcoins, payment for call-back services, etc.
12. The Customer agrees that Invictus shall not be held liable and/or responsible for any loss, damage or injuries suffered or caused to the Customer in connection with the service(s), quality of services provided by the Merchant Establishment, non-acceptance of the Mintpay account by Merchant Establishment and/or inability (technical issues) to use the Mintpay account at Merchant Establishment.
13. The Customer hereby acknowledges and agrees that if there is no Transaction for a consecutive period of one (1) year on the Mintpay account, the same shall be made inactive by Invictus after sending a prior notice to the Customer. The Mintpay account can only be reactivated by Invictus after validations and requisite due diligence and payments (if any), as stipulated from time to time.
14. The Customer hereby agrees to receive SMS or email alerts from Invictus for all Transactions done using the Mintpay account. The SMS or email alerts from Invictus shall be regarding debit and credit Transactions, balance available or remaining in the Mintpay account or such other information or details as necessary for the Customer.
15. The Customer agrees that we may, at our sole discretion, utilize the services of external service provider(s) or agent(s) on such terms as required or necessary, for provisioning of the services in relation to the Mintpay account.
16. The Customer shall have access to Frequently Asked Questions (“FAQ”) as uploaded by us on our website, from time to time.
17. In addition to the above, You further acknowledge and agree that You will not:
  1. reproduce or attempt to reproduce Mintpay.
  2. modify, adapt, translate or create any derivative works of Mintpay or attempt to do the foregoing.
  3. attempt to circumvent or disable Mintpay or any technology, features or measures on the platform of Mintpay by any means or in any manner.
  4. attempt to decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for Mintpay.
  5. distribute, encumber, sell, rent, lease, sub-license Mintpay to any third party.
  6. access or use Mintpay in any manner that could damage, disable, overburden or impair any of the related servers.
  7. remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in or on Mintpay or used in connection with Mintpay.
  8. disrupt or interfere with the security of, or otherwise cause harm to, the Mintpay mobile application, materials, systems resources, or gain unauthorized access to user accounts, passwords, servers or networks connected to or accessible through the Mintpay mobile application.
  9. impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity.
  10. You shall at all times, while using Mintpay comply with all applicable laws and regulations necessarily required to procure the Services from Invictus and that the Invictus shall not be liable for any of Your unlawful acts while using Mintpay.
BREACH OF TERMS AND CONDITIONS
1. In the event of any breach of these Terms and conditions by the Customer, Invictus shall have the sole right to forthwith cancel or terminate the Mintpay account without having any liability, claim, demand or dispute against us.
2. The Customer undertakes and agrees to indemnify Invictus against any loss, damage, claim, penalty, cost, charges or expenses (including legal counsel fees) that Invictus may incur and/or suffer, whether directly or indirectly, as a result of the Customer committing any breach of the Terms and Conditions contained herein.
3. You understand that when using Mintpay, You may be exposed to content from a variety of sources, and that Invictus is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content, and You agree and assume all liability for Your use. You hereby do waive, any legal or equitable rights or remedies You have or may have against Invictus with respect thereto.
TERMINATION
1. Invictus may at its sole discretion terminate and/or suspend the Mintpay Account in the event:
2. the Customer is declared insolvent.
  1. of death of the Customer, provided that in the event of any such death, proceeds in the Mintpay account shall be passed to the first heir of the Customer as per provisions of applicable laws.
  2. The Customer committing breach of any of the terms, conditions, stipulations or its obligations under these Terms and Conditions.
  3. any restriction imposed on the Customer by an Order of a competent Court or Order issued by any regulatory or statutory authority in India or any investigating agency.
  4. Mintpay is declared as illegal under applicable laws and Regulations.
  5. the Mintpay platform is dissolved or discontinued by Invictus.
3. Invictus, at its sole discretion, reserves the right to, either temporarily or permanently, suspend the privileges on the Mintpay account and/or terminate the Mintpay account at any time with or without giving any notice or assigning any reason thereof. In case of a temporary withdrawal or suspension, the privileges attached to Mintpay account shall be reinstated by Invictus. In case of a permanent withdrawal, Invictus shall have the right to permanently cancel the Mintpay account. Upon temporary or permanent cancellation of the Mintpay account, all benefits, privileges and services attached to the Mintpay account shall also stand suspended till such further notice as may be provided by Invictus. The Customer agrees that in the event of temporary or permanent suspension of the Mintpay account, the Customer shall continue to be fully liable for all Charges incurred on the Mintpay account prior to such suspension, together with all other applicable Charges thereon, unless otherwise specified by Invictus .
4. Invictus shall not be held liable or responsible for any suspensions, delays or laches towards the Mintpay account.
5. Only upon termination of the Mintpay account by Invictus, the balance amount (if any) reflected under the Mintpay account as on such date of termination shall be refunded back to the Customer.
CHARGES
1. Charges shall include:
  1. Any such fees as may be charged by Invictus in respect of the Mintpay account, including renewal, handling and other fees, if any.
  2. Service Charges on specific types of Transactions. The method of computation of such Charges will be as notified by Invictus from time to time.
2. Charges shall be non-refundable, non-transferrable and non-assignable in nature.
3. All Charges, in the absence of manifest error, shall be final and binding on the Customer and shall be conclusive in nature.
4. All statutory taxes including goods and service tax, imposts, duties (of any description whatsoever) as may be levied from time to time by Government of India or other competent authority in respect of or in connection with the Mintpay account, shall be borne by the Customer.
5. All Charges related to the Mintpay account will be debited from the Mintpay account, as may be levied from time to time. The Customer shall be liable to pay such charge as may be incurred Invictus from use of the Mintpay account by the Customer.
EXCLUSION OF LIABILITY
1. The Invictus does not provide or make any representation, warranty or guarantee, express or implied about the Mintpay or the Service.
2. Invictus shall not be liable for any damages whatsoever, including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the inability to use or performance of Mintpay or the services. This shall extend to the loss suffered by You due to delay or inability to use or access the Mintpay or the services.
3. Invictus shall not be responsible or liable in any manner to You for any losses, damage, injuries or expenses incurred as a result of the use of Mintpay in any manner.
4. it is agreed and acknowledged by You that to the fullest extent permitted by law, in no event shall Invictus, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, losses or expenses or consequential damages whatsoever resulting from any (i) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of Mintpay, (ii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein and/or (iii) any interruption or cessation of transmission to or from Mintpay, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through Mintpay by any third party.
DISPUTED TRANSACTIONS
1. All disputed Transactions in relation to the Mintpay account shall be required to be raised with our Customer Care Centre, within fifteen (15) Business Days from the date of the disputed Transaction. The Customer acknowledges that any request, after fifteen (15) Business Days from the date of the disputed Transaction shall not be accepted by Invictus.
QUALITY OF GOODS AND SERVICES
Any dispute and/or complaint against any Merchant Establishment regarding any goods/policy purchased or services availed must be directly resolved by the Customer with the Merchant Establishment.

DISCLOSURES
1. The Customer acknowledges and consents to sharing of information pertaining to the Customer and the usage of the Mintpay account with any other banks or financial or statutory or regulatory authorities and further agree that such information may be only disclosed in case of any financial misuse, fraud, legal proceedings where Reserve Bank of India, any regulatory authority, Government of India or any Court has directed Invictus to disclose such information.
2. The Customer acknowledges and agrees that Invictus may report to other banks or financial or statutory or regulatory authorities such Customer delinquencies related with usage of the Mintpay account in case of any financial misuse, fraud, legal proceedings where RBI, any regulatory authority, Government of India or Court has directed Invictus to disclose such information. Invictus shall not be obliged to the Customer to disclose the details of such banks or financial or statutory or regulatory authorities, including the extent of such disclosure unless RBI, any regulatory authority, Government of India or Court expressly permits us to disclose the name of the said financial entity.
3. The Customer hereby authorizes us and our agents to exchange, share or part with all the information relating to the Customer’s details and payment history with our group companies or Affiliates as may be required towards better functionality of Mintpay.
INTELLECTUAL PROPERTY RIGHTS
All the intellectual property used on Mintpay by Invictus, service providers or any third party as the case may be shall remain the property of Invictus, service provider or any other third party (as applicable). You agree not to circumvent, disable or otherwise interfere with security related features of Mintpay or features that prevent or restrict use or copying of any materials or enforce limitations on use of Mintpay or the materials therein. The Service is protected to the maximum extent permitted by copyright laws, other laws, and international treaties. Content displayed on or through the services is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws. The materials on Mintpay may not be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means

GOVERNING LAW AND JURISDICTION
This Agreement and any contractual obligation between the Invictus and You will be governed by the laws of India, subject to the exclusive jurisdiction of courts at Mumbai. All disputes will be subject to arbitration at Mumbai in English by a single arbitrator appointed by You and Invictus under the Arbitration and Conciliation Act, 1996.

AMENDMENT OF THE TERMS AND CONDITIONS
1. Invictus reserves the sole right to amend these Terms and Conditions, features and benefits offered on the Mintpay account, including but not limited to the Charges.
2. We shall communicate the amended Terms and Conditions by hosting them on our Mintpay mobile application or in any other manner as decided by Invictus .
3. The Customer shall be responsible for regularly reviewing these Terms and Conditions, including amendments thereto as may be posted on Mintpay platform and shall be deemed to have accepted the amended Terms and Conditions by continuing to use the Mintpay account.
CUSTOMER GRIEVANCE REDRESSAL
1. In the event of any dispute or grievance in relation to the Mintpay account and/or these Terms and Conditions, the Customer may contact the Customer Care Centre on details available on the Mintpay mobile application. All complaints, disputes or grievance raised by the Customer shall be addressed and/or resolved in a time bound manner.
2. The Customer may at any time approach the Banking Ombudsman for the grievance redressal. The list of Banking Ombudsman is available on the website of Yes Bank at Yesbank.in
3. If the Customers are not satisfied with the resolution given by Ombudsman of Yes Bank then Customers shall reach out to Ombudsman of Reserve Bank of India at rbi.org.in.
4. All terms, conditions and policy shall be preferably in English language.
NOTICES
All notices and communications shall be in writing, in English and shall deemed given if delivered personally or by commercial messenger or courier service, or mailed by registered or certified mail (return receipt requested) or sent via email/ facsimile, with due acknowledgment of complete transmission to the following address:Office 303, Cosmos Mary Park, 116/B Kolbad, Thane West Thane, Mumbai – 400601.

DISCLAIMER
Mintpay is provided to You on “As Is” basis. Invictus hereby disclaims all representation(s) and/or warranty(ies), either express or implied, including without limitation, warranties of fitness for particular purpose, title, non-infringement. In addition, thereto Invictus makes no representations, warranties or guarantees that:
1. this Website shall be free from any error, loss, destruction, damage, corruption, attack, viruses, interference, hacking, other security intrusion; and
2. the use or results of the use of the Website (including all of its content) is or will be accurate, reliable, current, and/or uninterrupted.