UPI - Instant Mobile Money Transfer with Unified Payment Interface

HDFC BANK- UPI AND PSP BANK TERMS AND CONDITIONS

1. Applicability

1. The capitalised terms or expressions used herein shall have the meanings ascribed to them respectively in Clause 2 below.
   
   
2. The User and every other participant, intermediary, recipient in the UPI Framework and Merchants, shall be bound by these terms and conditions ("Terms"), whether the User is on-boarded and/or registered as the end-user or customer on UPI either through the Bank’s App or any TPAP’s app or any other bank’s app or otherwise, and/or whether the Bank is acting as any of the PSP Bank Payer PSP or Payee PSP, Remitter Bank, Beneficiary Bank or otherwise under the UPI Framework. The Terms shall be in addition to and not in derogation of any relationship or contract which the Bank separately has with any such person who is bound by these Terms in whatever capacity.
   
   
3. Further, these terms and conditions apply to and govern: (i) the provision of Services by the Bank, acting as any of the PSP Bank, Payer PSP or Payee PSP, Remitter Bank, Beneficiary Bank or otherwise under the UPI Framework (ii) usage, processing, storage, etc of the Personal Data and Transactional Data of the Users.

2. Definitions

1. In these Terms, the following words and phrases have the meanings set opposite them unless the context indicates otherwise:
   
   "Bank" means HDFC Bank Limited, a company incorporated under the Companies Act, 1956 and licensed as a bank under the Banking Regulation Act, 1949 and having its registered office at [●] (which expression shall, unless it be repugnant to the subject or context thereof, include its successors and assigns).
   
   "Bank’s App" shall mean any app(s) or software application(s) of the Bank on/through which on-boarding and/or registering of the Users as the end-users or customers or recipients or merchants on UPI can be done.
   
   "Business Associates" shall mean the service providers of the Bank or TPAP, or persons with whom the Bank or TPAP has any tie-up, arrangement or agreement: (i) for any business or related activities or aspects, in relation to the UPI Facility and/or (ii) in relation to any of the Purposes or activities therefor and/or (iii) in relation to the Interested Products including under referrals, agencies or broking.
   
   "Interested Products" shall have the meaning ascribed to the term in Clause 7.4 hereof.
   
   "Merchant/s" shall mean and include online, mobile-app based and offline merchants who provides goods and/or services in exchange for payment through UPI.
   
   "NPCI" shall mean National Payments Corporation of India.
   
   “NPCI UPI System” means the switch and related equipment and software owned by NPCI to provide the UPI based fund transfer and funds collection facility including the National Financial Switch;
   
   “Payment Order” means an unconditional instruction issued by the User in writing or transmitted electronically to the payee bank through UPI or unstructured supplementary service data (USSD) or Bank’s App or through Business Associate’s channel or through such other means as may be provided, to effect a fund transfer for a certain sum of money expressed in Indian rupees, to the designated account of a designated beneficiary by debiting Account(s) of the User, whether by using a QR Code or a UPI registered mobile number or VPA or such other factors of the recipient/ beneficiary/ Merchant as my be permissible under the UPI Framework from time to time.
   
   “Personal Data” shall mean any data, which either directly or indirectly, in combination with other data available or likely to be available with a body corporate or received from any third-party provider and is capable of identifying such person including but not limited to his/her name, age, gender, address, email address, telephone number etc.
   
   “PSP (Payment Service Provider)” refers to banks which are allowed to acquire Users either through its own app or TPAP’s app and provide payment (credit/debit) services to Users.
   
   “Purposes” shall have the meaning ascribed to the term in Clause 7.4 hereof.
   
   “RBI” shall mean the Reserve Bank of India.
   
   “Services” shall mean any services by the Bank or part thereof, under or in terms of the UPI Framework or during the course of the UPI Facility, whether provided directly or indirectly to any User, or which the User ends up receiving, whether the Bank is interfacing or interacting with such person directly or not, whether by the Bank itself or though the TPAP or any other intermediary, and whether the Bank is acting as any of the PSP Bank, Payer PSP or Payee PSP, Remitter Bank, Beneficiary Bank or otherwise under the UPI Framework.
   
   “Transaction Data” shall mean all such information and data that gets generated or is received by the Bank or TPAP or any member or participant of the UPI Framework or the Business Associate or which the Bank or any of them, ends up receiving or collecting, from the User or TPAP or any member or participant of the UPI Framework or the Business Associate, relating to: (i) various payment transactions of the User or the transactions where the User is a recipient of funds or any other transactions or requests of the User or for the benefit of the User as may be permitted from to time under the UPI Framework as being part of the UPI Facility, all such transactions or requests taking place during the usage of the UPI Facility or pursuant to any direct or indirect usage of the UPI Facility whether as the payer or payee or otherwise; or (ii) any activities towards or under or pursuant to any of the Purposes or Interested Products.
   
   “TPAP” means any Third Party Application Providers under the UPI Framework.
   
   “TPAP’s App” shall mean any app(s) or software application(s) of the Bank on/through which on-boarding and/or registering of the Users as the end-users or customers or recipients or merchants on UPI can be done.
   
   “UPI” refers to the Unified Payments Interface Service offered by NPCI under the UPI Guidelines in collaboration with its member banks and involving various participants.
   
   “UPI Facility” means the facility provided by NPCI under the UPI Framework including UPI based electronic fund transfer and fund collection facility.
   
   “UPI Framework” shall mean the overall framework and ecosystem of UPI enabled by NPCI involving various participants and includes UPI Guidelines.
   
   “UPI Guidelines” shall collectively mean the notifications, guidelines, circulars, clarifications, framework and/or regulations issued by RBI and/or NPCI, from time to time, as may be amended, replaced, substituted from time to time.
   
   “User” shall mean any person who ends up using Bank’s Services or part thereof or any leg or step thereof, whether directly or indirectly, whether the Bank is interfacing or interacting with such person directly or not, whether such person is end customer, user on UPI or a Merchant or a payee or a payer, TPAP, other PSP bank, any other intermediary or participant in the UPI Framework, and whether the Bank is acting as any of the PSP Bank Payer PSP or Payee PSP, Remitter Bank, Beneficiary Bank or otherwise under the UPI Framework.
   
   “User Data” shall mean the User’s Personal Data and the Transaction Data.
   
   
2. Words or expressions used herein, but not specifically defined herein shall have the respective meanings assigned to them under any of the UPI Guidelines.
   
   
3. Words of any gender are deemed to include the other genders.

3. Users seeking registration on Bank’s App or TPAP’s App

1. Such Users who are desirous of availing the UPI Facility through the Bank’s App, shall by way of a one-time registration, in such form, manner and substance as Bank may prescribe, apply for UPI Facility and Bank shall be entitled, at its sole discretion, to accept or reject such applications.
   
   
2. The Users applying through TPAP’s App will be required to follow the steps on the TPAP’s App.
   
   
3. On the Bank’s App, the User will have an option to set a virtual payment address and initiate transaction via UPI.
   
   
4. User can link other bank accounts through a one-time registration process defined and standardized by NPCI and then start transacting on that.
   
   
5. By applying for and accessing the UPI Facility, the User accepts these Terms, which shall govern the provision of the Services by the Bank.
   
   
6. The Terms shall be in addition to and not in derogation of the Guidelines issued from time to time.

4. Acceptance

1. User’s act of directly or indirectly, accessing, using and/or taking benefit of the Services of the Bank or any part thereof under the UPI Framework, shall by itself (without any further act, deed or writing and without any signature required), amount to User’s irrevocable and unconditional acceptance of the Terms and such access, use or benefit shall by itself further act as the confirmation of the User having read and understood and irrevocably and unconditionally accepted the Terms.
   
   
2. The User has accordingly accepted the Terms as above.

5. Rights and Obligations of the User as a Payer

1. The User shall be entitled, subject to other terms and conditions of the Service, to issue Payment Orders.
   
   
2. The User shall be responsible for the accuracy of the particulars given in the Payment Order for UPI Facility and shall be liable to compensate Bank for any loss arising on account of any error in the Payment Order.
   
   
3. Bank disclaims all liability for execution of any Payment Order in good faith and in compliance with the instructions given by the User.
   
   
4. The User authorizes the Bank to act as a PSP, irrespective of whether the User is registered through the Bank or the TPAP, and initiate process for debiting relevant account(s) of the User as per instructions received by way of Payment Orders. The User understands that although multiple bank accounts can be linked with the UPI Facility, debit/credit transactions can be done from the default account. User may change the default account before initiating such debit/credit transactions.
   
   
5. Each Account that may be linked with the UPI facility can be opened with a separate username / Virtual Payment Address (“VPA”).
   
   
6. The User shall ensure availability of funds in his aforesaid account(s) towards the fulfillment of the Payment Order before/at the time of the execution of the Payment Order.
   
   
7. The User hereby irrevocably authorizes Bank to debit the account(s) of the User held with the Bank, for any liability incurred by the Bank on behalf of the User for execution of the instruction issued by the User. The User understands and agrees 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. The User understands and agrees that such amounts once credited to default account cannot be reversed by the User.
   
   
8. The User agrees that the Payment Order shall become irrevocable when it is issued.
   
   
9. The User agrees that he shall not be entitled to make any claim against RBI and/or NPCI in respect to the UPI Facility.
   
   
10. The User agrees that in the event of any delay or non- completion of the funds transfer or any resultant loss pursuant to a Payment Order, due to any down-times or technical glitches or errors, the Bank shall have no liability whatsoever with respect to the same.
    
    
11. The User shall provide correct beneficiary details to Bank at the time of availing the UPI Facility. The User shall be solely responsible for entering wrong or discrepant beneficiary details like incorrect Virtual Payment Address, incorrect Aadhar number or incorrect mobile number, due to which the fund are transferred to an incorrect beneficiary.
    
    
12. The User shall not hold Bank responsible for any damage, claim, issue arising out or in connection with any purchase of goods/services from Merchants through Payment Orders issued by UPI Facility. The User understands and agrees that all such losses, damages and issues shall constitute a claim against such Merchants.
    
    
13. The User agrees that the UPI Facility is offered in line with the RBI’s guidelines on mobile banking, UPI Guidelines and all other relevant guidelines / circulars issued by RBI / NPCI which are subject to change from time to time, and the User needs to keep himself updated.
    
    
14. User shall inform Bank 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 Bank, as well as expeditiously notify Bank of any show causes, seizure or similar action and provide copies of any notices, memos, correspondences received from such authority. User shall not unilaterally file any response / reply to such an authority without the prior approval and vetting by Bank.
    
    
15. The User shall be solely liable for ensuring availability of sufficient funds in the Account(s) at all times for the purpose of availing the Facility. The User agrees that in the event there are insufficient funds in the Account, Bank shall decline the transaction instruction.

6. Instructions

1. The User is responsible for the accuracy and authenticity of the instructions provided to Bank and the same, if is in the form and manner prescribed by Bank, shall be considered to be sufficient to operate the UPI Facility. Bank shall not be required to independently verify the instructions. Bank has no liability if it does not or is unable to stop or prevent the implementation of any Payment Order issued by the User.
   
   
2. Once a Payment Order is issued by the User the same cannot be subsequently revoked by the User.
   
   
3. Bank shall refuse to comply with the instructions without assigning any reason and shall not be under any duty to assess the prudence or otherwise of any instruction. Bank has the right to suspend the transactions with respect to the UPI Facility if it has reason to believe that the User’s instructions will lead to or expose to direct or indirect loss to Bank or may require an indemnity from the User before continuing to operate the UPI Facility.
   
   
4. All instructions, requests, directives, orders, directions, entered by the User, are based upon the User’s decisions and are the sole responsibility of the User.
   
   
5. The Bank shall have the right to not execute a Payment Order issued and duly authorised by the User: (a) if the funds available in the account(s) of the User are not adequate or funds are not properly applicable/available to comply with the Payment Order (b) the Payment Order is incomplete or it is not issued in the agreed form, (c) Bank has reason to believe that the Payment Order is issued to carry out an unlawful transaction or (d) the Payment Order cannot be executed under the NPCI UPI System.
   
   
6. No Payment Order issued by the User shall be binding on Bank until Bank has accepted it.
   
   
7. Bank shall, for execution of every Payment Order, be entitled to debit the designated account(s) of the User, with the amount of the funds to be transferred together with charges payable thereon.
   
   
8. A duly authenticated record of the transaction after completion of the funds transfer or funds collection or response to a funds collect request will be recorded in the statement of account in the mobile application of Bank. The transaction will also be recorded in the statement of account of given to the User by the User’s bank. The User shall, within a period of ten days from the date of receipt of the monthly statement report to Bank any discrepancy in the execution of the Payment Order. The User agrees that he shall not be entitled to dispute the correctness of the execution of the Payment Order or the amount debited to his account(s) if he fails to report the discrepancy within the said period.
   
   
9. Bank for providing the UPI Facility to the User 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.
   
   
10. Bank may review your transactions for identifying high risk transactions and reserves the right to not process the transaction if it believes it to be suspicious, fraudulent or unusual and report the transaction and your account details to legal enforcement agencies or other regulatory authorities as applicable or notified by law.

7. Sharing and Processing of Information and User Data and Other Consents

1. This Clause shall override any terms and conditions, contracts, agreements which the User has entered into with any of the TPAPs or Business Associates, which are to the contrary or inconsistent with any part of this Clause or which restricts the rights of the Bank to process or use or share or store any data or information as per this Clause.
   
   
2. The User confirms having read, understood and accepted the Privacy Policy of the Bank as available on the Bank’s website www.hdfcbank.com and as may be amended or replaced from time to time.
   
   
3. User’s act of directly or indirectly, accessing, using and/or taking benefit of the Services of the Bank or any part thereof under the UPI Framework, shall by itself (without any further act, deed or writing and without any signature required), amount to User’s acceptance of the Privacy Policy of the Bank as available on the Bank’s website www.hdfcbank.com and the amendments/replacements thereto from time to time by the Bank.
   
   
4. Additionally, the User further:

1. authorises the Bank and the Business Associates, to access, receive or collect, the User Data from records, systems or logs, of or operated/held/maintained for the Bank or it’s Business Associates, as may be or become available with/to it/any of them from time to time, for or during or pursuant to the Services/UPI Facility or thereafter, and to use, share, store, profile or process, all such data either by itself or by mixing it with other data, for any of the Purposes,
   
   
2. authorises the Bank to access, receive or collect the User Data from any TPAPs or their Business Associates or any other participant in the UPI Framework, and to use, share, store, profile or process, all such data either by itself or by mixing it with other data, for any of the Purposes,
   
   
3. through the Bank, further authorises such TPAPs, the Business Associates or any other participants in the UPI Framework, to so share the User Data any other information related to users available with them, with the Bank and/or the Business Associates, for the Bank to use, share, store, profile or process, all such data or information either by itself or by mixing it with other data, for any of the Purposes,
   
   
4. hereby expresses interest in the Interested Products and requests the Bank to assess the User for the same including by obtaining credit information reports or other information from the credit information companies or persons engaged in generating scores or reports in relation to creditworthiness or fraud prevention or detection,
   
   
5. authorises the Bank and Business Associates to collect, obtain, receive, request for, seek, any Personal Data or other information or reports of or related to the User from any person or other sources, whether public or private, online or offline, including as required as the agent of the User, including from any credit information companies, and for this purpose, to share any User Data or other information related to the User with any such sources or persons, and to further process any of the aforesaid so obtained, for any of the Purposes,
   
   
6. authorises the Bank and Business Associates to undertake any such processing or sharing of data or information as mentioned in this Clause, by such means as the Bank may deem fit whether manual or automated or otherwise, whether by running or deploying analytics, algorithms or logics with artificial intelligence techniques or not,
   
   
7. authorises the Bank and Business Associates to store, preserve and retain any of the aforesaid data or information mentioned in (a) to (e) above including the User Data, or any part thereof, for such period of time as the Bank may need to do so for assessing or making offers or marketing the User for the Interest Products or as per Applicable Law, whichever is later.
   
   
8. authorises the Bank, TPAP and/or the Business Associates, any credit information companies, to use, store, profile or process any of the aforesaid data or information mentioned in (a) to (e) above including the User Data, or any part thereof, and to share any of that with any of their service providers, for or towards any of the following purposes (collectively, “Purposes”), and to undertake any of the activities or steps or communications, either by themselves or through any service providers or Business Associates, towards or for fulfilling or performing any of the Purposes:
   
   1.  for assessing, examining, determining and/or conveying from time to time, the eligibility, suitability or credit worthiness of the User and/or for profiling the User for any of the products or services of the Bank or Business Associates including any credit facilities, credit cards, prepaid cards, loans, any other credit transactions or products or services, insurance products, investments, wealth products, credit assessment, financial products, advisory services, accounts, deposits, transfers, referrals etc (all such products and services, collectively, “Interested Products”).
   
   2.  for conveying to, displaying or communicating with, marketing to, cross-selling to, the User, through or on the Bank’s App, TPAP App, any other channel(s) of the Bank, TPAP or Business Associate, or otherwise through notifications, emails or other means of communications, whether online or offline or telecommunications, the availability or eligibility or offer, whether in principle or otherwise, of any of the Interested products or the facility for availability of facility to place request/applications for Interest Product(s), or for checking or enquiring from the Customer if the Customer wants to apply for or avail of any of the Interested Products or offers,
   
   3.  for detection or prevention of frauds or malpractices or discrepant documents or information,
   
   4.  for profiling the User for various Interested Products, generally or specifically,
   
   5.  for analysis, credit scoring and marketing or making offers of various financial or other products and/or services that provide an opportunity to the User to acquire, insure, invest, save or otherwise undertake a financial or other transactions,
   
   6.  for any incidental or connected purposes as mentioned above.

8. Disclaimer of Liability

1. Bank does not hold out any warranty and makes no representation about the quality of the UPI Facility. The User agrees and acknowledges that Bank shall not be liable and shall in no way be held responsible for any damages whatsoever whether such damages are direct, indirect, incidental or consequential and irrespective of whether any claim is based on loss of revenue, interruption of business, transaction carried out by the User and processed by Bank, information provided or disclosed by Bank regarding User’s account(s) or any loss of any character or nature whatsoever and whether sustained by the User or by any other person. While Bank shall endeavour to promptly execute and process the transactions as proposed to be made by the User, Bank shall not be responsible for any non-response or delay in responding due to any reason whatsoever, including due to failure of operational systems or any requirement of law. Bank shall not be liable for any loss, claim or damage suffered by the User and/or any other third party arising out of or resulting from failure of an UPI transaction on account of time out transaction i.e. where no response is received from NPCI or the beneficiary bank to the transaction request and/or where mobile number or account number of the beneficiary does not exist. Neither Bank nor its affiliates, directors, officers and/or agents shall be liable for any unauthorized persons accessing the UPI Facility or the apps therefor, or the records or account(s) or information through the use of UPI Facility and the User hereby fully indemnifies and holds Bank, its affiliates, directors and officers harmless against any action, suit, proceeding initiated against it or any loss, cost or damage incurred by it as a result thereof. Bank shall under, no circumstance, be held liable to the User if UPI Facility access is not available in the desired manner for reasons including but not limited to natural calamities, legal restraints, faults in the telecommunication network or network failure, or any other reason beyond the control of Bank. Illegal or improper use of the UPI Facility shall render the User liable for payment of financial charges (to be decided by Bank) or may result in suspension of the UPI Facility to the User. Bank states that it shall have no liability or obligation towards any erroneous transactions getting triggered due to a system bug on the app or system breakdown at TPAP’s end or for any other reasons solely attributable to the TPAP.
   
   
2. All the records of Bank generated by the transactions arising out of the use of the UPI Facility, including the time the transaction is recorded shall be conclusive proof of the genuineness and accuracy of the transaction. For the protection of both the parties, and as a tool to correct misunderstandings, the User understands, agrees and authorises Bank, at its discretion, and without further prior notice to the User, to monitor and record any or all telephone conversations between the User/users and Bank and any of its employees or agents. Bank expressly disclaims all warranties of any kind, whether express or implied or statutory, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, data accuracy and completeness, and any warranties relating to non-infringement in the UPI Facility.

9. Indemnity

1. The User agree/s, at its own expense, to indemnify, defend and hold harmless Bank, its directors and employees, representatives, agents, and its affiliates against any claim, suit, action or other proceeding brought against Bank, Business Associates, its affiliates, directors and employees, representatives or agents by a third party, to the extent that such claim, suit, action of other proceeding brought against Bank, its affiliates, directors and employees, representatives or agents is based on or arises in connection with the use of the UPI Facility with reference to:
   
   (1.a)  violation of the Terms by the User;
   
   (1.b)  any deletions, additions, insertions or alterations to, or any unauthorized use of, the UPI Facility by the User;
   
   (1.c)  any misrepresentation or breach of representation or warranty made by the User contained herein;
   
   (1.d)  any breach of any covenant or obligation to be performed by the User hereunder;
   
   (1.e)  Fraud, error, inadequate financial capacity to fulfill obligations and/or provide remedies;
   
   (1.f)  Legal risks including but not limited to exposure to fines, penalties, or punitive damages resulting from supervisory actions, as well as private settlements due to omissions and commissions of User;
   
   (1.g)  against any losses which may be suffered or incurred by the NPCI and that the NPCI compels Bank to pay, and which must arise out of or in connection with the following events, solely to the extent that such events are directly caused by the acts or omissions of the Business Associates.
   
   (1.h)  false and misleading statements and/or disclosures by other participants in the UPI Framework,
   
   (1.i)   any third-party claim or action against NPCI in connection with the use of UPI Services/platform by Business Associates (and in such an event, besides the obligation to indemnify, Business Associates shall defend and /or NPCI in defending, at the option of Bank and at Business Associates’ sole cost, such claims or actions); or
   
   (1.j)  any infringement of intellectual property rights pertaining to the use of the UPI services / platform, irrespective of whether or not NPCI incurs any liability in this regard by virtue of any judgment of a court of competent jurisdiction.
   
   (1.k)Reliance being placed by Bank on communication received from TPAP’s system, if such communication was occasioned by any error or malfunction of TPAP’s application.
   
   
   
2. The User agrees to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys’ fees and costs awarded against it or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim. The User hereby agrees that under no circumstances, Bank’s aggregate liability for claims relating to the UPI Facility, whether for breach or in tort including but not limited to negligence shall be limited to the transaction charges/fees or consideration paid by the User within the previous twelve (12) months for the UPI Facility, excluding any amount paid towards transactions.

10. Assignment

1. The User hereby gives consent to the Bank to assign, securitise or transfer Bank’s right and obligations under these Terms to any person in future. The User, its successors, legal heirs, administrators, as the case may be, shall be bound by these Terms. However, the User shall not be entitled to transfer or assign any of its rights and obligations under these Terms.

11. Termination

1. The User may request for termination of the UPI Facility any time by giving a prior written notice of at least 30 days to Bank. The User will remain responsible for all the transactions made through the UPI Facility until the time of such termination. Bank may withdraw or terminate the UPI Facility anytime either entirely or with reference to a specific UPI Facility without assigning any reasons whatsoever. Bank may suspend or terminate the UPI Facility without prior notice if the User has breached any of these Terms. However, these Terms shall continue to survive and bind the User any termination of the UPI Facility.

12. Other Conditions

1. These Terms shall be governed by the laws of India. Any legal action or proceedings arising out of these Terms shall be brought in the courts or tribunals at Mumbai in India. Bank may, however, in its absolute discretion commence any legal action or proceedings arising out of these Terms in any other court, tribunal or other appropriate forum, and the Customer hereby consents to that jurisdiction. The clause headings in this Terms are only for convenience and do not affect the meaning of the relative clause. Bank may sub-contract and employ agents to carry out any of its obligations hereunder. Bank may transfer or assign its rights and obligations under this contract to any other entity. Bank has the absolute discretion to amend or supplement any of the Terms as stated herein at any time and will endeavour to give prior notice of fifteen days for such changes wherever feasible. By using or continuing to receive the Services, the User shall be deemed to have accepted the changed terms and conditions. Notices under these Terms may be given in writing by delivering them by hand or on Bank’s website www.hdfcbank.com or by sending them by post to the last address given by the User and in the case of Bank to its corporate office address. In addition, Bank may also publish or host new or amended Terms, which are applicable to all Users in a newspaper or on its website at www.hdfcbank.com. Such notices will have the same effect as a notice served individually to each User. Notice and instructions will be deemed served 3 days after posting or upon receipt in the case of hand delivery, cable, telex or facsimile. Any provision of these Terms, which is prohibited or unenforceable in any jurisdiction, shall, as to such jurisdiction, be ineffective to the extent of prohibition or unenforceability but shall not invalidate the remaining provisions of these Terms or affect such provision in any other jurisdiction. Bank shall have the right of set-off and lien, irrespective of any other lien or charge, present as well as future on any monies with or receivables by the Bank, the deposits held in the account(s) to the extent of all outstanding dues, whatsoever, arising as a result of the UPI Facility extended to and/or used by the User.

13. Roles and Responsibilities of NPCI

1. NPCI owns and operates the Unified Payments Interface (UPI) platform.
   
   
2. 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.
   
   
3. NPCI approves the participation of Issuer Banks, PSP Banks, Third Party Application Providers (TPAP) and Prepaid Payment Instrument issuers (PPIs) in UPI.
   
   
4. NPCI provides a safe, secure and efficient UPI system and network.
   
   
5. NPCI provides online transaction routing, processing and settlement services to members participating in UPI.
   
   
6. 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.
   
   
7. NPCI provides the banks participating in UPI access to system where they can download reports, raise chargebacks, update the status of UPI transactions etc.

14. Key Roles and Responsibilities of PSP Bank

1. PSP Bank is a member of UPI and connects to the UPI platform for availing UPI payment facility and providing the same to the TPAP which in turn enables the end-user customers / merchants to make and accept UPI payments.
   
   
2. 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.
   
   
3. 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.
   
   
4. PSP Bank engages and on-boards the TPAPs to make the TPAP’s UPI app available to the end-user customers.
   
   
5. PSP Bank has to ensure that TPAP and its systems are adequately secure to function on UPI platform.
   
   
6. 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.
   
   
7. PSP Bank has to store all the payments data including UPI Transaction Data collected for the purpose of facilitating UPI transactions, only in India.
   
   
8. 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.
   
   
9. PSP Bank is responsible to put in place a grievance redressal mechanism for resolving complaints and disputes raised by the end-user customer.

15. Roles and Responsibilities of TPAP

1. 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.
   
   
2. TPAP is responsible to ensure that its systems are adequately secure to function on the UPI platform.
   
   
3. TPAP is responsible to comply with all 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.
   
   
4. 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.
   
   
5. TPAP is responsible to facilitate RBI, NPCI and other agencies nominated by RBI/ NPCI, to access the data, information, systems of TPAP related to UPI and carry out audits of TPAP, as and when required by RBI and NPCI.
   
   
6. TPAP shall facilitate the end-user User with an option to raise grievance through the TPAP’s grievance redressal facility made available through TPAP’s UPI app or website and such other channels as may be deemed appropriate by the TPAP like email, messaging platform, IVR etc.

16. Dispute Redressal Mechanism

1. UPI app customers being the end-Users ("End-Users”) can raise a complaint with respect to a UPI transaction, on the PSP app / TPAP app.
   
   
2. End-User can select the relevant UPI 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-Users on-boarded by the PSP Bank / TPAP (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 maintains its account) and NPCI, in the same order. After exercising these options, the end-User 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 shall be kept communicated by the PSP / TPAP by means of updating the status of such End-User’s complaint on the relevant app itself.

17. Miscellaneous

1. The User understands that UPI Facility may become unavailable due support or technical upgradation, maintenance work, in order to update the content or for any other reason.

18. Change of Terms

1. The User understands that these Terms may be amended or supplemented at any time by hosting the same on its website i.e. www.hdfcbank.com (“Website”) or in any other manner as decided by Bank. The User shall be responsible for regularly reviewing these Terms and the amendments thereto as may be posted on the Website.