Terms and Conditions governing unified payments interface(UPI) services

TERMS AND CONDITIONS GOVERNING UNIFIED PAYMENTS INTERFACE (UPI) SERVICES OF THE NATIONAL PAYMENT CORPORATION OF INDIA (NPCI).

These terms and conditions (“Terms”) apply to and regulate the provision of UPI fund transfer and fund collection facility provided by Standard Chartered Bank. Standard Chartered Bank shall endeavour to provide to the Customer, UPI Facility in accordance with the UPI guidelines, circulars and/or regulations issued by the Reserve Bank of India (“RBI”) and/or National Payments Corporation of India (“NPCI”) from time to time (“Guidelines”) and subject to the terms and conditions herein specified.

Definitions

In this document the following words and phrases have the meanings set opposite them unless the context indicates otherwise: "Account(s)" refers to the resident Indian savings and /or current bank account(s) held and maintained with Standard Chartered Bank or resident savings and/or current account held with any bank in India which is also a UPI member bank, to be used for operations through the UPI Facility. "Customer" shall mean an account holder of Standard Chartered Bank as well as any other person (not necessary having any account relationship with Standard Chartered Bank) who has downloaded the Standard Chartered UPI Application and who is eligible for availing fund transfer facility to send or receive money offered thereunder.

“Merchant/s” shall mean and include online, mobile-app based and offline merchants who provides goods and services in exchange for payment through UPI.

“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 Instruction" shall mean an electronic fund transfer service to send or receive money; offered under the UPI Facility on Standard Chartered UPI Application;

“PSP (Payment Service Provider)” refers to banks which are allowed to acquire Customers and provide payment (credit/debit) services to Customers.

“SCB UPI Application” shall mean a mobile based application which uses the NPCI UPI libraries facilitating Payment Instructions that can be downloaded by a Customer from Google Play or Apple App Store.

"Standard Chartered Bank" means a bank incorporated in England with limited liability by Royal Charter 1853 with Reference Number ZC18, having Principal Office in England at 1 Basinghall Avenue, London, EC2V 5DD, and having its corporate office in India at Standard Chartered Bank, Crescenzo, 5/F, Plot no. C-38 & 39, G-Block, Bandra Kurla, Mumbai-400 051(which expression shall, unless it be repugnant to the subject or context thereof, include its successors and assigns).

“UPI” refers to the Unified Payments Interface Service offered by NPCI in collaboration with its member banks.

"UPI Facility" means the Unified Payments Interface Service based electronic fund transfer and fund collection facility provided by Standard Chartered Bank to the Customers through the NPCI UPI System as per the Guidelines.

As a PSP, Standard Chartered Bank will provide a mobile application i.e. the SCB UPI Application to the Customers which will use the NPCI UPI libraries facilitating payments. The SCB UPI Application can be used by Customers who may be Standard Chartered Bank’s customers or customers of other bank to transact on their Accounts, after a one-time registration process.

Scope of the UPI Facility

UPI Facility offers an instant, 24X7, interbank electronic fund transfer or fund collection service to the customers of UPI member banks. A Customer can put in request for fund transfers or funds collection or respond to funds collection from SCB UPI Application in a secure manner for any of their linked bank Accounts.

Eligibility and Usage:

Each Customer desirous of availing the UPI Facility shall by way of a one-time registration, in such form, manner and substance as Standard Chartered Bank may prescribe, apply for UPI Facility and Standard Chartered Bank shall be entitled, at its sole discretion, to accept or reject such applications. The Customer may apply for UPI Facility by downloading SCB UPI Application from Google Play or Apple App Store. On SCB UPI Application, Customer will have an option to set a virtual payment address and start transaction via UPI. Customer can link Accounts through a one-time registration process defined and standardized by NPCI and then start transacting on that. By applying for and accessing the UPI Facility, the Customer accepts these Terms, which shall govern the provision of the UPI Facility by Standard Chartered Bank. The Terms shall be in addition to and not in derogation of the Guidelines issued from time to time.

The UPI Facility shall be available to the Customer in India, subject to the condition that the Customer downloads the Standard Chartered UPI Application, successfully installs it and thereafter authenticate itself with the applicable credentials and sets the MPIN.
The Customer should have his/her mobile phone number registered with his/her bank for SMS/mobile banking and should have existing savings or current account relationship with his/her bank.

The Customer understands and accepts that any other condition that is a pre-requisite to access and avail benefits under the UPI Facility on the SCB UPI Application, including, but not limited to a mobile phone, data connection, etc. will be the sole responsibility of the Customer.

The Customer hereby acknowledges that the Customer has read and understood the Terms and agrees that the rights and obligations provided in these Terms in so far as it relates to the Customer shall be binding on the Customer with regard to every Payment instruction issued by the Customer for execution in the NPCI UPI System through the SCB UPI Application. If the Customer using the SCB UPI Application also holds a resident savings and/or current account with Standard Chartered Bank, then notwithstanding anything contained herein, all terms and conditions stipulated by Standard Chartered Bank in connection with such savings and current accounts shall continue to apply.

Authorization:

The authority to record the Customers details and transaction details is hereby expressly granted by the Customer to Standard Chartered Bank. All records generated by the transactions arising out of use of the UPI Facility through the SCB UPI Application, including the time of the transaction, beneficiary details, etc; recorded shall be conclusive proof of the genuineness and accuracy of the transactions.

The Customer authorizes Standard Chartered Bank to send any rejection message or to reject any Payment Instruction, if it finds that the request sent by the Customer is not as per the requirements stipulated by Standard Chartered Bank for availing the UPI Facility.

The Customer expressly authorizes Standard Chartered Bank to carry out all request(s) or transaction(s) for and/or at the request of the Customer as are available to the Customer through Standard Chartered UPI Application without Standard Chartered Bank having to verify the authenticity of any request or transaction purporting to have been received from the Customer through Standard Chartered UPI Application.

Standard Chartered Bank shall have the option to introduce new value added services in the SCB UPI Application at any time in future and the Customer shall be deemed to have expressly authorized Standard Chartered Bank to register the Customer for such new value added services.

Payments of Fees and Charges

Transaction fees may be levied by Standard Chartered Bank for usage of the UPI Facility through the SCB UPI Application. Please click here to know the applicable charges.

Rights and Obligations of the Customer

1. The Customer shall be entitled, subject to these Terms, to issue Payment Instruction for execution by Standard Chartered Bank.
   

2. The Payment instruction shall be issued by the Customer, in the form as prescribed by Standard Chartered Bank, which is complete in all particulars. The Customer shall be responsible for the accuracy of the particulars given in the Payment instruction for UPI Facility and shall be liable to compensate Standard Chartered Bank for any loss arising on account of any error in the Payment instruction.
   

3. The Customer shall be bound by any Payment instruction executed by Standard Chartered Bank if Standard Chartered Bank has executed the Payment instruction in good faith and in compliance with the instructions given by the Customer.
   

4. The Customer authorizes Standard Chartered Bank to process funds transfer and collection request as per the Payment Instructions received from the Customer. The Customer understands that although multiple bank accounts can be linked with the UPI Facility, debit/credit transactions can be done from the default account. Customer may change the default account anytime before initiating such debit/credit transactions.
   

5. The Customer agrees and confirms that, for the purpose of availing UPI Facility through the SCB UPI Application:
   

   a) Customer has to add the Account(s) to the SCB UPI Application. The Account details will be fetched by Standard Chartered Bank through Standard Chartered UPI Application via NPCI , basis the mobile number shared by the Customer . The Account details which will be fetched by Standard Chartered Bank will be displayed to the Customer on the SCB UPI Application. The Customer has to validate such Account details by entering the last six digits of the debit card and the expiry date of debit card, OTP which will be sent to the Customer by the bank with whom the bank Account is maintained, on the Customers registered mobile number. This will be followed by setting up a MPIN for the Account in the Standard Chartered UPI application, to complete the Account addition process by the Customer. All these details will be entered by the Customer on the NPCI library that would be fetched in the Standard Chartered UPI Application from NPCI library is in encrypted form.
   

   b) After the successful Account addition in the Standard Chartered UPI Application, the Customer has to only authorize the transaction by entering the MPIN set-up by the Customer. This MPIN will be set-up by the Customer directly on the NPCI library and Standard Chartered Bank would not be able to read or copy such MPIN, thus Standard Chartered Bank will not be responsible to maintain the confidentiality of such MPIN.
   

   c) The Customer should act in good faith, exercise reasonable care and diligence and shall be solely responsible for the confidentiality of the Account details, debit card details, OTP or MPIN and any personal information (“credentials”). The Customer acknowledges, represents and confirms that the credentials are personal to the Customer and the Customer shall ensure at all times to keep the same confidential and Standard Chartered Bank shall not be held liable or responsible if the Customer discloses the credentials to any third party in any manner whatsoever or authorizes any third party to operate Account or hands over the Standard Chartered UPI Application or if third party changes/modifies the credentials in the Standard Chartered UPI Application due to disclosure of such credentials by the Customer or misuse the SCB UPI Application permitted by the Customer to use by third party. Therefore, Standard Chartered Bank shall not be held liable or responsible in case of any details including MPIN are compromised by the Customer and/or any misuse of Standard Chartered UPI Application by third party, in such case the Customer shall be solely liable and responsible and shall keep Standard Chartered Bank indemnified, harmless and absolved from any liability in this regard including from any loss, cost, penalty, charges, including legal fees/charge, etc; which may cause to Standard Chartered Bank due to the Customer’s disclosure of the credentials to any third party/person or any misused thereof in any manner whatsoever including the misuse of Standard Chartered UPI Application by third party. The Customer shall be solely liable and responsible, in case if the said details are compromised by the Customer knowingly or unknowingly, in any manner whatsoever.
   

   d) Account details of the Customer would be stored at Standard Chartered Bank server database to the extant details provided by NPCI as per NPCI guidelines.
   

   e) The Customer irrevocably and unconditionally authorise Standard Chartered Bank to access all the necessary information for effecting transactions executed by the Customer under the UPI Facility and to share the necessary information with any third parties for the purpose of accepting/ executing such requests.
   

   f) The Customer confirms that, any Payment Instructions given by the Customer shall be effected only after validation of authentic MPIN// OTP/passcode/password used by the Customer for availing UPI Facility on the SCB UPI Application.
   

   a) The Customer agrees that, the Customer is not entitled to consolidate amounts available in the different Accounts maintained with bank(s) for making payments using the SCB UPI Application. Therefore, at one given point of time the Customer is entitled to use funds available in a particular bank account which has been linked for making payment using the SCB UPI Application.
   

   h) The Customer shall adhere to the transaction limits set by Standard Chartered Bank from time to time, for making any fund transfer under said UPI Facility through the SCB UPI Application.
   

   i) The Customer shall ensure availability of funds in the Account towards fulfilment of any Payment Instruction.
   

   j) The Customer 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 Customer understands and agrees that such amounts once credited to default Account cannot be reversed by the Customer.
   

6. The Customer agrees that since the UPI Facility offers an instant, 24X7 funds transfer facility, the Payment instruction shall become irrevocable when it is executed by Standard Chartered Bank.
   

7. The Customer agrees that the Customer shall not be entitled to make any claim against RBI and/or NPCI in respect to the UPI Facility.
   

8. The Customer agrees that in the event of any delay in the completion of the funds transfer or any loss on account of error in the execution of the funds transfer pursuant to a Payment instruction (only if the same is attributed to any delay, loss or error on the part of Standard Chartered Bank) or on account of error, negligence or fraud on the part of any employee of Standard Chartered Bank, Standard Chartered Bank's liability shall be limited to the refund of the amount together with interest at the Bank Rate upto the date of refund.
   

9. The Customer shall provide correct beneficiary details to Standard Chartered Bank at the time of availing the UPI Facility. The Customer shall be solely responsible for entering wrong 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.
   

10. The Customer shall not hold Standard Chartered Bank responsible for any damage, claim, and issue arising out or in connection with any purchase of goods/services from Merchants through Payment Instructions issued through the SCB UPI Application. The Customer understands and agrees that all such losses, damages and issues shall constitute a claim against such Merchants.
    

11. The Customer agrees that the UPI Facilities are offered in line with the RBI’s guidelines on mobile banking which are subject to change from time to time.
    

12. The Customer shall be solely liable for ensuring availability of sufficient funds in the Account(s) at all times for the purpose of availing the UPI Facility. The Customer agrees that in the event there are insufficient funds in the Account, then transaction shall be declined by the respective banks with whom the Accounts are maintained.
    

Rights and obligations of Standard Chartered Bank

1. Standard Chartered Bank shall execute a Payment instruction issued and duly authorised by the Customer, unless:
   

   (a) the funds available in the Account(s) of the Customer are not adequate or funds are not properly applicable/available to comply with the Payment instruction.
   

   (b) the Payment instruction is incomplete or it is not issued in the agreed form,
   

   (c) Standard Chartered Bank has reason to believe that the Payment instruction is issued to carry out an unlawful transaction or (e) the Payment instruction cannot be executed under the NPCI UPI System.
   

2. No Payment instruction issued by the Customer shall be binding on Standard Chartered Bank until Standard Chartered Bank has accepted it.
   

3. Standard Chartered Bank shall, for execution of every Payment instruction, be entitled to process the debit instructions on the designated Account(s) of the Customer, with the amount of the funds to be transferred together with charges payable thereon.
   

4. 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 SCB UPI Application of Standard Chartered Bank. The transaction will also be recorded in the statement of account given to the Customer by the Customer’s bank (which could be Standard Chartered Bank or any other bank with whom the Customer maintains a resident savings and/or current account). The Customer shall, within a period of ten days from the date of receipt of the monthly statement report to Standard Chartered Bank any discrepancy in the execution of the Payment instruction. The Customer agrees that the Customer shall not be entitled to dispute the correctness of the execution of the Payment instruction or the amount debited to his Account(s) if the Customer fails to report the discrepancy within the said period.
   

Instructions

The Customer is responsible for the accuracy and authenticity of the instructions provided to Standard Chartered Bank and the same, if is in the form and manner prescribed by Standard Chartered Bank, shall be considered to be sufficient to operate the UPI Facility. Standard Chartered Bank shall not be required to independently verify the instructions. Standard Chartered Bank has no liability if it does not or is unable to stop or prevent the implementation of any Payment instruction issued by the Customer. Once a Payment instruction is issued by the Customer the same cannot be subsequently revoked by the Customer.

Standard Chartered Bank states that it has no liability or obligation to keep a record of the instructions to provide information to the Customer or for verifying the instructions. Standard Chartered 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. Standard Chartered Bank has the right to suspend the transactions with respect to the UPI Facility if it has reason to believe that the Customer’s instructions will lead to or expose to direct or indirect loss to Standard Chartered Bank or may require an indemnity from the Customer before continuing to operate the UPI Facility.

All instructions, requests, directives, orders, directions, entered by the Customer, are based upon the Customer’s decisions and are the sole responsibility of the Customer.

Sharing of Information

The Customer irrevocably and unconditionally authorises Standard Chartered Bank to access all the Customer’s Account(s) and records for the purpose of providing the UPI Facility. The Customer agrees that Standard Chartered Bank and its affiliates (or their contractors) may hold and process its personal information and all other information concerning its Account(s) on computer or otherwise in connection with the UPI Facility as well as for analysis, credit scoring and marketing.

The Customer consent to each of Standard Chartered PLC and its subsidiaries and affiliates (including each branch or representative office) (“Standard Chartered Group”) its officers, employees, agents and advisers disclosing information relating to the Customer (including details of the accounts, products or any security interest) to:

a. our head office and any other member of the Standard Chartered Group in any jurisdiction (“permitted parties”);

b. professional advisers, service providers or independent contractors to, or agents of, the permitted parties, such as debt collection agencies, data processing firms and correspondents who are under a duty of confidentiality to the permitted parties;

c. any actual or potential participant or sub-participant in relation to any of our obligations under our banking agreement between us, or assignee, novatee or transferee (or any officer, employee, agent or adviser of any of them);

d. any credit reference agency, rating agency, business alliance partner, insurer or insurance broker of, or direct or indirect provider of credit protection to, or any permitted parties;

e. any court, tribunal or authority (including an authority investigating an offence) with jurisdiction over the permitted parties;

f. a merchant or a member of a card association (for instance, Visa or MasterCard) where the disclosure is in connection with use of a card;

g. any authorized person or any security provider;

h. anyone we consider necessary in order to provide you with services in connection with an account;

Disclaimer of Liability

Standard Chartered Bank does not hold out any warranty and makes no representation about the quality of the UPI Facility. The Customer agrees and acknowledges that Standard Chartered 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 Customer and processed by Standard Chartered Bank, information provided or disclosed by Standard Chartered Bank regarding Customer’s Account(s) or any loss of any character or nature whatsoever and whether sustained by the Customer or by any other person. While Standard Chartered Bank shall endeavour to promptly execute and process the transactions as proposed to be made by the Customer, Standard Chartered 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. Standard Chartered Bank shall not be liable for any loss, claim or damage suffered by the Customer 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. Further, Standard Chartered Bank shall also not be liable for any loss, damage and/or claim arising out of or resulting from wrong beneficiary details, mobile number and/or account details being provided by the Customer. Neither Standard Chartered Bank nor its affiliates, directors, officers and/or agents shall be liable for any unauthorized persons accessing the records or Account(s) or information through the use of UPI Facility and the Customer hereby fully indemnifies and holds Standard Chartered 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. Standard Chartered Bank shall under, no circumstance, be held liable to the Customer 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 Standard Chartered Bank. Illegal or improper use of the UPI Facility shall render the Customer liable for payment of financial charges (to be decided by Standard Chartered Bank) or may result in suspension of the UPI Facility to the Customer. All the records of Standard Chartered 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 Customer understands, agrees and authorises Standard Chartered Bank, at its discretion, and without further prior notice to the Customer, to monitor and record any or all telephone conversations between the Customer and Standard Chartered Bank and any of its employees or agents. Standard Chartered 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.

Indemnity

The Customer agrees, at its own expense, to indemnify, defend and hold harmless Standard Chartered Bank, its directors and employees, representatives, agents, and its affiliates against any claim, suit, action or other proceeding brought against Standard Chartered Bank, 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 Standard Chartered 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 Customer;
   

2. any deletions, additions, insertions or alterations to, or any unauthorized use of, the UPI Facility by the Customer;
   

3. any misrepresentation or breach of representation or warranty made by the Customer contained herein;
   

4. any breach of any covenant or obligation to be performed by the Customer hereunder;
   

The Customer 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.


Assignment


Standard Chartered Bank shall be entitled to sell, assign, or transfer Standard Chartered Bank’s right and obligations under these Terms in favour of Standard Chartered Bank to any person of Standard Chartered Bank’s choice in whole or in part and in such manner and on such terms and conditions as Standard Chartered Bank may decide. Any such sale, assignment or transfer shall conclusively bind the Customer and all other persons. The Customer, its successors and assigns are bound by these Terms. However, the Customer shall not be entitled to transfer or assign any of its rights and obligations under these Terms.

General Conditions

The laws of India shall govern these Terms and/or the UPI Facility Any legal action or proceedings arising out of these Terms shall be brought in the courts or tribunals at Mumbai in India. Standard Chartered 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. Standard Chartered Bank may sub-contract and employ agents to carry out any of its obligations hereunder. Standard Chartered Bank may transfer or assign its rights and obligations under this contract to any other entity. Standard Chartered 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 thirty days for such changes wherever feasible. By using the UPI Facility, the Customer shall be deemed to have accepted the changed terms and conditions. Notices under these Terms may be given by Standard Chartered Bank on Standard Chartered Bank’s website www.sc.com/in and/or in the SCB UPI Application itself and in the case of Notice by the Customer to Standard Chartered Bank, to its corporate office address. Standard Chartered Bank shall have the right of set-off and lien, irrespective of any other lien or charge, present as well as future on 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 Customer.