For payments dial: 09387712345
Customer Care: 1800 2002 123
Email: xpay@uaeexchange.co.in

These Terms & Conditions form an agreement between you and UAE Exchange & Financial Services Ltd. (“UAE Exchange”), that governs your access to XPAY login and use of XPAY service to facilitate the purchase of goods/services or utility/essential service from merchants that has tied up with UAE Exchange. Please review these Terms & Conditions before you decide whether to accept it and continue with the registration process. Your registration for XPAY will mean, YOU AGREE TO BE BOUND BY THESE TERMS & CONDITIONS.

1. Terms: The following defined terms appear in these Terms & Conditions.

a). Issuer/We/Company: Issuer is UAE Exchange that operates payment systems by issuing prepaid payment instruments to individual/organizations, as per the authorization received from the Reserve Bank of India.

b). Holder/Customer/ You/Buyer : Individual/organization who has registered with UAE Exchange for availing the XPAY service of UAE Exchange for purchase of goods & services and utility/essential bill settlments.

c). Merchant : A person/retail establishment/ institution, who ties up/ registers via a separate registration process for providing XPAY service and is governed by the terms therein.

d). XPAY: XPAY is Pre-paid Payment Instrument that facilitates purchase of goods and services & other utility bills /essential services against the value stored in XPAY. The value stored on such instruments represents the value paid for by the holders by cash or bank mode after prescribed deductions.

e). Product : Facilitating purchase of Goods/ Services or Utility bills /essential Services

f). Pre-paid Payment Instrument : XPAY is a virtual card that can be accessed by allotted login id & transaction can be done by using secret “mpin” password that is issued to the customer by Issuer

g). Payment Transaction: The processing of a payment Service through mobile/ internet / IVRS that result in the debiting or charging of the XPAY balance of the customer and the crediting of Merchant’s account.

h). Login & MPIN: Login is used to access the XPAY & MPIN is secret .. digit password. Both are simultaneously issued to the customer by the Issuer immediately after XPAY registration for authenticating transaction at the time of making a payment to the Merchant.

i). Merchant Code: digit numerical code issued to the Merchant by the Issuer after the formal tie up for facilitating XPAY service to customers, that is prominently displayed at the Merchant counter to be used while making payment.

2. Registration Requirements & Process:.
For XPAY customer registration:
You can visit our any nearby branch or merchant location and fill the prescribe application form & submit along with a self attested valid photo ID proof. Valid ID has to be Election card or Pan Card or Passport only. The initial minimum loading amount for availing XPAY is fixed at Rs. 500/- only. Immediately after successful registration, the customer will receive login id for accessing your XPAY & a secret ‘mpin’ code, for making the payment transaction. Both may be later changed by you.

For Merchant registration: All interested shops and service establishments can tie-up with Issuer for XPAY. Merchant will have to fill up the application form, give the bank account details and requisite ID copy. Annual Subscription fees will be charged, which can be paid later and deducted from the first transaction. All the submitted documents will be checked and inputted in system by the branch and merchant name will be included in the official website. The Merchant list will be displayed in Merchant List Screen .

Issuer is very strict on the Customer identity proof and reserves all right to reject any registration request or reloading request to comply with Anti- Money laundering mesaures/ Combating Financing of Terrorism guidelines issued by the Reserve Bank of India with regard to Prepaid instruments.

Amount Limit:
• Account can be loaded/reloaded up to Rs. 5000/- against cash and up to Rs. 50,000/- by SB account cheque payment. Maximum balance allowed is Rs. 50,000/-. (Draft is not allowed)
• Maximum amount per transaction which can be paid through internet enabled mobile interface is limited to Rs. 5000/- .
• If cash is paid at a merchant location, the amount will be credited once we receive the credit from the merchant, in normal circumstances it will take 24 hours.
• Customer to customer cash transfer and cash withdrawal is strictly not permitted and is a violation.
• Customers can utilize the service for making payments of smaller denominations up to a minimum of Rs. 10/-.

3. Payment Transaction Processing:
For Customers:
XPAY facilitates the processing of Payment Transactions to complete a payment for a purchase between a Buyer and a Merchant. Said purchase includes goods & services and settlement of utility bills/ essential services viz. electricity bills, water bills, telephone/mobile phone bills, insurance premium, cooking gas payments, rental for internet/Broadband connections, Cable/DTH subscription and Citizen services by Government or Government bodies. All services are subjected to tie ups between Merchant and the Issuer

XPAY payment through mobile with GPRS facility- Customer needs to enter his login id, secret “mpin” password, amount to be transacted and Merchant code and just press enter. The instruction will be sent to the Issuer & after cross verifying the login id, “mpin” & balance availability the system will immediately send confirmation intimation to the Merchant. Merchant can view the credit in his GPRS enabled mobile application. Thereafter the customer can wake away with his purchase. The whole process will take not more than two minutes subject to correct entry of the details by the customer.

Other modes of making XPAY payment - Through internet & IVRS. For both, customer need to follow the instructions as instructed in link & IVRS. For Merchants: May view their last five transactions in the web site or in their mobile interface in the balance report. Daily business collection will be credited to merchant’s bank account next day if the amount due is Rs. 1000/- or above, or else as per merchant request. For security reasons SMS will not be send for any transaction or for loading confirmation.

XPAY may delay payment processing of suspicious transactions/ transactions which may involve fraud, misconduct, or violate applicable law, or other applicable XPAY policies, as determined in XPAY’s sole and absolute discretion. Buyer authorizes the Issuer to charge or debit to Buyer’s Payment Instrument as necessary to complete processing of a Payment Transaction.

Holder acknowledge and agree that your purchases of Products/services or utility payments are transactions between you and the Merchant and not with XPAY. XPAY is not a party to your purchase of Products/Services and XPAY is not a buyer or a Merchant in connection with any Payment Transaction, unless expressly designated as such in the listing of the Product

4. Permissible Payment Transactions:
Customer may use XPAY to only process a Payment Transaction for purchase of goods /services and utility bills/essential services that is purchased from a Merchant through a legitimate, bona fide sale of the Product. XPAY shall not be used for cross boarder transactions, or money transfer or card to card transfer, that is unrelated to a purchase of a Product or purchase /reloading of XPAY against the value of airtime/talktime.

XPAY may not be used to receive cash advances from Merchants or to facilitate the purchase of cash equivalents (travelers cheques, prepaid cards, money orders, etc.). You may not use XPAY to process Payment Transactions in connection with the sale or exchange of any illegal goods or services or any other underlying illegal transaction. In particular, you shall not use XPAY or process Payment Transactions in connection with the sale/purchase of goods or services, or other remittances that are prohibited & against the law of the land. Issuer reserves the right to suspend or terminate your use of XPAY, in the event of non compliance of the above.

5. Limitations on the Use of Service:
Issuer may establish general practices and limits concerning use of XPAY, including without limitation individual or aggregate transaction limits on the rupee amount or number of Payment Transactions during any specified time period(s), in accordance with the guidelines of the Reserve Bank of India. We do not warrant that the functions contained in XPAY will be uninterrupted or error free and we shall not be responsible for any service interruptions (including, but not limited to, power outages, system failures, mobile errors or other interruptions that may affect the receipt, processing, acceptance, completion or settlement of Payment Transactions).

6. Privacy: You understand and agree that personal information provided to us in connection with the XPAY Service is subject to the XPAY’s Privacy Policy.

7. Use of Electronic Communications:
Issuer may communicate with you regarding XPAY or other Services of the Issuer by means of electronic communications, including (a) sending electronic mail/text message to the email address/Mobile Number you provided during registration, or (b) posting notices or communications on XPAY Web Site and such communications will be deemed to be received by you. You will keep yourself updated with such communications hosted in www.xpayindia.com site and call toll free no 1800 2002 123. for any clarification/information.

8. Disputes:

XPAY may provide various tools to assist Customers in communicating with each other to resolve a dispute that may arise between Buyers and Merchants with respect to XPAY transaction. Holder agree that you will not involve XPAY in any litigation or other dispute arising out of or related to any transaction or arrangement purely between you and the Merchant, advertiser or other third party. If you attempt to do so, (i) you shall pay all costs and attorneys’ fees of Issuer and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth below.

Any dispute/ controversy arising out or in connection with XPAY shall be referred to an arbitrator appointed by the Issuer & will be subjected to the jurisdiction of courts at Kochi, Kerala, India.

9. Validity, Refunds & redemptions:

Instrument is valid for one year from date of issuance and renewalable every year by payment of prescribed subscription fees. The outstanding balance against any payment instrument will not be forfeited unless the holder is cautioned with at least 15 days in advance as regards the expiry of the validity of the payment instrument.
All Payment Transactions processed through the XPAY are non-refundable to Buyer/Holder by XPAY and are non-reversible by Buyer through the XPAY.
The loaded amount is interest free & redeemable only if the scheme is wound up as per RBI guidelines.

10. Issuer Not A Banking Institution:

Issuer processes Payment Transactions on behalf of Merchants. Issuer is not a bank. Funds held by the Issuer in connection with the processing of XPAY Payment Transactions are not deposit obligations of the Buyer and are not insured for the benefit of Buyer by any governmental agency. Such funds are interest free and are maintained only for making payments to the participating merchants. No loan is permissible against such deposits.

11. Termination of Service:

Issuer may, in our sole and absolute discretion without liability to you or any third party, terminate your use of XPAY for any reason, including without limitation serious breach/violation of any Terms herein above. Upon termination, we have the right to prohibit your access to XPAY until the breach/ violation is sorted out to the satisfaction of Issuer and regulatory authorities.

12. Buyer Responsibility for Taxes:

Payment of any applicable taxes (if any) arising from the use of XPAY is holder’s responsibility. Holder hereby agrees to comply with any and all applicable tax laws, including the reporting and payment of any taxes arising in connection with Payment Transactions.

13. No Endorsement of Products:

UAE Exchange don’t endorse the quality/ merchantability of the goods/service, holder opt to thus purchase/avail using XPAY.

14. Unclaimed Property:

If issuer is holding funds due to Holder/merchant arising from a Payment Transaction processed through XPAY or otherwise, and we are unable to contact you and have no record of your use of XPAY for several years, applicable law may require us to report these funds as unclaimed property. If this occurs, we will try to locate you at the address shown in our records, but if we are unable to locate you, we may be required to deliver any such funds to the applicable state as unclaimed property. We reserve the right to deduct a dormancy fee or other administrative charges from such unclaimed funds, as permitted by applicable law.

15. Indemnification:

You agree to indemnify, defend and hold harmless Issuer and its affiliates, and its and their directors, managers, officers, owners, agents (collectively "Indemnified Parties") from and against any and all claims, demands, causes of action, debt or liability, including reasonable attorneys fees, including without limitation attorneys fees and costs incurred by the Indemnified Parties arising out of, related to, or which may arise from: (i) your use of the XPAY Service; (ii) any breach or non-compliance by you of any term of these Terms or any of XPAY"s policies; (iii) any dispute or litigation caused by your actions, commission or omissions; or (iv) your negligence/violation of any law or rights of a third party.

16. Disclaimer of Warranties:

THE XPAY SERVICE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON, PROVIDED IN CONNECTION WITH OR ACCESSIBLE THROUGH THE XPAY SERVICE, IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, ISSUER AND ITS AFFILIATES, MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER FOR THE SERVICE OR THE CONTENT, MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE XPAY SERVICE, OR FOR ANY BRE ACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE XPAY SERVICE. EACH XPAY PARTY DISCLAIMS WITHOUT LIMITATION, ANY WARRANTY OF ANY KIND WITH RESPECT TO THE SERVICE, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE XPAY PARTIES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. THE ISSUER SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, BUT NOT LIMITED TO, SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF PAYMENT TRANSACTIONS OR THE SERVICE.

17. Limitations of Liability; Force Majeure:

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT SHALL ISSUER BE RESPONSIBLE OR LIABLE TO BUYER OR ANY THIRD PARTY UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY, DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES WHICH MAY BE INCURRED IN CONNECTION WITH ANY XPAY SERVICE, OR ANY GOODS, SERVICES, OR INFORMATION PURCHASED, RECEIVED, SOLD, OR PAID FOR BY WAY OF THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF THE ISSUER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. IN NO EVENT SHALL THE ISSUERS’ TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATING TO XPAY EXCEED THE NET FEES XPAY HAS ACTUALLY RECEIVED AND RETAINED FROM THE BUYER'S VALID PAYMENT TRANSACTIONS DURING THE THREE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE CLAIM. Each party acknowledges that the other party has entered into these Terms of Service relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties. In addition to and without limiting any of the foregoing, Issuer shall not have any liability for any failure or delay resulting from any condition beyond the reasonable control of the Issuer, including but not limited to governmental action or acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures and Internet disturbances.

18. Intellectual property:

This Site & XPAY are the sole and exclusive property of UAE Exchange . UAE Exchange retains all right, title and interest (including all copyright, trademark, patent, trade secrets, and all other intellectual property rights) of the Site & XPAY. The Site & XPAY is protected by copyright, trademark, patent, trade secrets, unfair competition, and other laws of worldwide, through the application of local laws or international treaties. Any unauthorized use, reproduction or modification of this Site may violate such laws. Holder/Merchant shall immediately bring to the notice of the Issuer, all matters regarding infringement and/or misuse of the same, within their knowledge & information.

19. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of India

20. Assignment:

Holder/ Merchant shall not assign any rights or obligations hereunder, by operation of law or otherwise, to any third party without the express consent & approval of the Issuer and any such attempted assignment shall be void. Issuer reserves the right to freely assign its XPPAY rights and obligations hereunder, to any third party without any notice or consent.

21. Other Provisions:

The failure of XPAY to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of these Terms shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of XPAY shall otherwise remain in full force and effect and remain enforceable between the parties. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.