Terms and Conditions
1. Legal Relationship
Fave acts as a facilitator to assist Users in making cashless payment at select merchants. An independent relationship is established between Us and the User. All action which is performed through the App is directed by the User and is in no way, controlled by the Company (including all its subsidiaries, brands, related and/or associated companies/brands). All of the User’s funds will be held separately from Company funds at all times. All transactions or therefore, lack of transactions, will be decided by the User.The App and service only function by hosting, maintaining and facilitating transactions between Users and merchants via the internet.
We do not pose any authority and therefore will not be held responsible for any liability from using Our service. We act as a facilitator and do not guarantee that Users or merchants which are being dealt with will complete the transaction.
2. Purchases and Payment
The Company (including all its subsidiaries, brands, related and/or associated companies/brands), in the event of any loss or damages, will not be held liable regardless of the circumstance whether it be contract, tort, negligence, strict liability or other basis arising from the use and/or the access of our service and/or App. This includes any third-party link to or from the Company’s App. The services listed and provided on the App constitute a ‘willing seller and willing buyer’ basis. Thus, the Company is absolved of any form of liability which may occur as a result of any transaction. The exclusion clause is to be taken into full extent as permitted by law.
Taxes: Any/all purchases made through the website/App will be inclusive of (if any) taxes which are constituted by the specific regional law. You will be in agreement to any form of prevailing tax, duties, fees, charges and/or cost, however denominated, which may be charged by extent of the regional law at any time.
Refunds: All transactions which are conducted are non-refundable in the case of partially used cashback or unclaimed purchases. In cases whereby you have been wrongfully billed, a “case-to-case” basis approach will be taken in the presence of credible evidence of such. The Company holds full authority and discretion towards the outcome of such circumstances. All refunds will be processed in Fave cashback or UPI linked bank account from which the payment was made on basis of discretion of Company. Cash refund requests will be considered on a “case-to-case” basis and will be subjected to a surcharge of ten per cent (10%) on the transacted amount. The Company reserves the right to conduct thorough investigations over a period of time that is deemed necessary by customer service agents of the Company.
3. Holding of Funds
4. Indemnity
5. Communications
- Fave is a cashless payment mechanism developed by the Company that allows the customers making purchases at the merchant outlets to make cashless payments via a QR code (“Customer”). Fave also provides a value-added service of cashback in the form of virtual points,subject to the terms and conditions mentioned hereunder (“Cashback”).
- The Cashback T&Cs shall be effective from date of acceptance by the Customer.
- Cashback will be issued to eligible Customers paying using Fave for each specific merchant at the rate as displayed on the merchant page of the App.
- The Cashback will be credited in the form of virtual pointsinto the Customer’s Fave account which will be redeemable as instant discount against the subsequent purchase by the Customer at the merchant outlet using Fave.
- Cashback can only be used at the same merchant’s outlet(s).
- Cashback is not transferable from one merchant to another.
- Cashback is not exchangeable for cash at any of the merchant’s outlet(s) nor at Pine Labs.
- The Cashback will be valid for a period of as specified in the“Savings History” page in the App and will be cancelled from Customer’s Fave account upon expiry.
- Unutilised Expired Cashback is not exchangeable for cash. For the avoidance of doubt, Cashback Has monetary value only when it is applied as a discount on subsequent purchase. Therefore, the Customer will not have, or be entitled to claim from Pine Labs, any rights and/or interests in respect of unutilised expired cashback.
- The merchant is solely responsible for providing the goods & services purchased by the Customer at the Merchant outlet, including but not limited to, delivery, Customer Service, after-sales-service and return management. Pine Labs will have no liability towards the same.
- CashbackT&Cs may be updated by Pine Labs from time to time.
- Your use of Fave will also be governed by the terms of use provided on.
- The laws of India govern the Cashback T&Cs. All disputes shall be settled within the jurisdiction of New Delhi only. www.pinelabs.com
Pine Labs is a Third Party Application Provider (TPAP) authorized by NPCI to facilitate payments through sponsor PSP bank(s) namely IDFC First Bank. Pine Labs is a service provider in the UPI payment ecosystem and participates in UPI through the PSP Banks.
Definitions
- “App” – The mobile application(s), hosted by Pine Labs and Pine Labs entities for providing Fave services to its users, including merchants and service providers.
- “Bank Account / Payment Account”- Any bank account or any other payment accounts offered by a regulated entity where money can be held, money can be debited from, and can be credited to.
- “BHIM-UPI” – Unified Payment Interface, as defined by NPCI under respective directives and notifications.
- “Customer’s Bank” – The Bank where the end-user customer maintains his/her account that has been linked for the purpose of debiting/crediting the payment transactions made through UPI.
- “Fave Platform” – Refers to any platform owned/subscribed/used by Pine Labs or any other Pine Labs entities not limited to websites, mobile applications, devices, URLs/links, notifications, chatbot, or any other communication medium used by Pine Labs entities to provide its services to its Users.
- “NPCI” – NPCI is an authorized payment system operator by Reserve Bank of India. NPCI owns and operates the UPI payment system.
- “PSP Bank” – PSP is the banking company authorized to act as a Payment Service Provider (PSP) under the UPI framework. PSP engages the TPAP to provide UPI services to the end-user customers.
- “Services” – shall include all services extended / to be extended by Pine Labs and Pine Labs entity as a group including but not limited to pre-paid Instruments, gift cards, payment gateway, recharges including others.
- “TPAP” – Third Party Application Provider (TPAP) is an entity that provides the UPI compliant app(s) to the end-user customers to facilitate UPI based payment transactions.
- “UPI PIN”- Personal Identification Number which is used as authorization credentials by the issuer bank for debiting a customer’s account. It will be 4-6 digits numeric PIN only.
- “VPA” – unique Virtual Payment Account, registered with NPCI that can be linked with your Bank Account.
- “We”, “Our”, “Ourselves”, “Pine Labs”- Refers to Pine Labs Private Limited.
- “You”, “Yours”, “Yourself”, “end user customer”, “user”- is the individual who uses UPI payment facility to send and receive payments and avails UPI facility by linking their bank account(s).
Registration
Pine Labs UPI is offered via the App to its registered users having Pine Labs account. UPI is a qualified Pine Labs service, and you need to have Your own PPI Account linked with Your active mobile number in order to register and access to Pine Labs UPI.
The registration process is a standard process which is defined and governed by NPCI under UPI guidelines and may change from time to time. Pine Labs in the capacity of PPI Issuer is responsible for implementing the process as notified by NPCI from time to time. You understand that the registration process may include access to Your mobile network and sending a unique SMS using your phone to verify, validate, register and link Your PPI Account on UPI Platform and create a unique Virtual Account Number (“VPA”).
Fave App does not store the PPI Account number linked to Your VPA. Further, VPA can be used to:
- Pay at merchant locations using QR code through your Fave App.
- Online through certain merchant websites.
- For making payment for Pine Labs Services as permitted by the regulators and BHIM Payment System Providers.
The details provided by You as part of the UPI registration process, which includes your banking information, shall be shared and maintained at PPI Issuer’s and NPCI’s secure library and You consent to share and authorize PPI Issuer and NPCI to maintain this data.
Transactions
Charges
Transaction Monitoring
User Responsibility & Obligations
- You are solely responsible for linking Your correct PPI Account.
- Since Your mobile number is treated as the primary identifier, Your mobile number needs to be updated with the PPI linked to Pine Labs App in case of any changes.
- If You change the mobile number registered with Your Pine Labs Account, You will have to re-register your new mobile number with Pine Labs. To re-enable the Services, you need to register your new mobile number with your PPI Account as well.
- You are solely responsible to keep Your OTP, BHIM UPI PIN and PPI Account related details confidential. Sharing such information with others may lead to unauthorized usage, for which Pine Labs shall not be responsible.
- You shall take full responsibility of the payment request that you make and authorize on BHIM Pine Labs UPI, including addition of beneficiary, typing and reviewing VPAs and validating intended recipients and We do not take correctness of information that you enter during payment processing, including authorization.
- You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the Terms of Use, We shall have the right to indefinitely suspend or terminate or block access to Your account.
- We shall ensure that all your confidential data pertaining to your money transactions, PPI Account details, and all other sensitive personal information are protected and kept confidential by employing best available protection standards, which are more fully set out in our Privacy Policy.
- You agree that BHIM Pine Labs UPI, PSP or any other system participant in BHIM UPI payment system shall not be liable for any delay in the completion of the funds transfer or any loss on account of error in the execution of the funds transfer by you.
- You are required to ensure availability of sufficient funds in BHIM Pine Labs UPI linked PPI Account(s) in order to avoid transaction declines and charges if any accessed by your issuer.
UPI Participant’s Roles and Responsibilities
NPCI
- NPCI owns and operates the Unified Payments Interface (UPI) platform.
- NPCI prescribes rules, regulations, guidelines, and the respective roles, responsibilities and liabilities of the participants, with respect to UPI. This also includes transaction processing and settlement, dispute management and clearing cut-offs for settlement.
- NPCI approves the participation the Prepaid Payment Instrument issuers (PPIs) in UPI.
- NPCI provides a safe, secure and efficient UPI system and network.
- NPCI provides online transaction routing, processing and settlement services to members participating in UPI.
- NPCI can, either directly or through a third party, conduct an audit on UPI participants and call for data, information and records, in relation to their participation in UPI.
- NPCI provides the banks participating in UPI access to system where they can download reports, raise chargebacks, update the status of UPI transactions etc.
PPI Issuer
- PPI Issuer 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.
- PPI Issuer, through its app, on-boards and registers the user on UPI and links their PPI accounts to their respective UPI ID.
- PPI Issuer is responsible for authentication of the user customer at the time of registration of such customer.
- PPI Issuer has to store all the payments data including UPI Transaction Data collected for the purpose of facilitating UPI transactions, only in India.
- PPI Issuer is responsible to put in place a grievance redressal mechanism for resolving complaints and disputes raised by the end-user customer.
Dispute & Grievance
Dispute Redressal Mechanism
- You can raise a complaint with respect to a UPI transaction, on the Pine Labs App.
- You can select the relevant UPI transaction and raise a complaint in relation thereto.
- You can raise a complaint with Pine Labs with respect to all UPI related grievances / complaints if the UPI transaction is made through Pine Labs App. In case the complaint / grievance remains unresolved, the next level for escalation will be NPCI, in the same order.
- The complaint can be raised for both the types of transactions i.e. fund transfer and merchant transactions.
- You shall be kept communicated by Pine Labs by means of updating the status of your complaint on Pine Labs App or any other means such as email, telephone.
You shall indemnify and hold harmless Pine Labs, Pine Labs entities, its owners, licensees, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, Privacy Policy and other policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.
You agree that Pine Labs at its sole discretion may terminate Your contract without prior notice and restrict your access to Pine Labs App if We determine that You have violated the Terms of Use and You consent that in case Pine Labs suffers losses, not limited to monetary losses, due to Your actions, We can take injunctive relief as deemed necessary within the said circumstances. We may also suspend services or terminate Your contract in case of violation of User conduct of Pine Labs Platforms as defined by Pine Labs and Pine Labs entities.
You may note that Pine Labs shall retain your registration information, VPAs, transactional information or any other information that We are permitted to store as permitted under the BHIM UPI Payment System for the duration as specified in regulations or notified by NPCI from time to time even after termination of contract.
You understand that the terms of availing of UPI facility using NPCI Platform, PSP and Pine Labs shall not create any contractual obligation against any NCPI system participants and downloading or using the Pine Labs App does not automatically entitle You for BHIM Pine Labs UPI facility.
We do not make any warranties and make no representation about the quality and availability of BHIM UPI facility.
We endeavor to execute and process transactions as per the defined process, however, We shall not be held responsible for any non-responsiveness, delay, failure of systems or any other circumstances that might not be in our control.
Your transaction records and other logs maintained with Us shall be final and binding as a proof of this facility and transactions.
Privacy Policy
This Privacy Notice applies to your use of our website and/or Services, and covers information collected in connection with your access to and use of our website and/or Services. Please read this Privacy Notice carefully. By continuing to interact with us, you are consenting to the practices described in this Privacy Notice.
Information You Provide
We collect or receive information about you when you use our Fave App and/or Services, including:
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- Identification Information. Your name; email address; mobile/phone number; passport, visa, current air ticket or other government-issued identification. When you apply, use or sign up for a Pine Labs PPI and/or other Services, signature, and authentication credentials (for example, information you use to login to your account), including IP address.
- Financial Information. Information such as PPI account, and other publicly available information.
- Transaction Information. When you use the Fave App and/or Services to make, accept, request, or record payments to merchants, we receive information about when and where the transactions occur, the names of the transacting parties, a description of the transactions, the payment or transfer amounts, billing and shipping information, and the devices and payment methods used to complete the transactions.
- Other Information You Provide. Information that you voluntarily provide to us, including any survey responses; participation in contests, promotions, or other prospective seller marketing forms or devices; suggestions for improvements; referrals; or any other actions performed on the Services.
Information We Collect Or Receive From Your Use of our Fave App and/or Services
- Precise Geolocation Information. The location of your device.
- Approximate Physical Location. Non-precise information about the approximate physical location of your computer or device derived from the IP address of such computer or device (“GeoIP Data”).
- Device Information. Information about your device, including your hardware model, operating system and version, device name, unique device identifier, mobile network information, and information about the device’s interaction with our Services.
- Use Information. Information about how you use our Services, including your access time, “log-in” and “log-out” information, browser type and language, country and language setting on your device, Internet Protocol (“IP”) address, the domain name of your Internet service provider, other attributes about your browser, mobile device and operating system, any specific page you visit on our website/platform, content you view, features you use, the date and time of your visit to or use of the Services, your search terms, the website you visited before you visited or used the Services, data about how you interact with our Services, and other clickstream data.
- Business Information. Information about products and services you sell (including inventory, pricing and other data) and other information you provide about you or your business.
- Customer Information. Information you collect from your customers, including email address, phone number, payment information, or other information.
Information We Collect Or Receive From Other Sources
- Identity Verification. Information from third-party verification services, credit bureaus, financial institutions, mailing list providers, and publicly available sources. In some circumstances, where lawful, this information may include your government-issued identification number.
- Background Information. To the extent permitted by applicable laws, we may obtain background check reports from public records of criminal convictions and arrest records. We may use your information, including your full name, government-issued identification number, and date of birth, to obtain such reports
- Credit, Compliance and Fraud. Information about you from third parties in connection with any credit investigation, credit eligibility, identity or account verification process, fraud detection process, or collection procedure, or as may otherwise be required by applicable law. This includes, without limitation, the receipt and exchange of account or credit-related information with any credit reporting agency or credit bureau, where lawful, and any person or corporation with whom you have had, currently have, or may have a financial relationship, including without limitation past, present, and future places of employment, financial institutions, and personal reporting agencies.
Children’s Information
Providing, Improving, and Developing our Services
- Determining whether the Services are available in your country;
- Processing or recording payment transactions or money transfers;
- Otherwise providing you with the Pine Labs products and features you choose to use;
- Displaying your historical transaction or appointment information;
- Providing, maintaining and improving our Services;
- Developing new products and services;
- Delivering the information and support you request, including technical notices, security alerts, and support and administrative messages including to resolve disputes, collect fees, and provide assistance for problems with our Services or your Pine Labs account;
- Improving, personalizing, and facilitating your use of our Services;
- Measuring, tracking, and analyzing trends and usage in connection with your use or the performance of our Services.
Communicating with You About our Services
- Sending you information related to transactions done on the App.
- Sending you information we think you may find useful or which you have requested from us about our products and services.
- Conducting surveys and collecting feedback about our Services.
- You allow us to your user details to send all communications including any transactional, marketing, promotional updates via any mode of communication including SMSs/email/WhatsApp message etc.
Protecting our Product and Services and Maintaining a Trusted Environment
- Investigating, detecting, preventing, or reporting fraud, misrepresentations, security breaches or incidents, other potentially prohibited or illegal activities, or to otherwise help protect your account, including to dispute chargebacks on your behalf.
- Protecting our, our customers’, or your customers’ rights or property, or the security or integrity of our Services;
- Enforcing our Terms of Use or other applicable agreements or policies;
- Verifying your identity (e.g., through government-issued identification numbers);
- Complying with any applicable laws or regulations, or in response to lawful requests for information from the government or through legal process;
- Fulfilling any other purpose disclosed to you in connection with our Services;
- Contacting you to resolve disputes, collect fees, and provide assistance with our Services.
Advertising and Marketing
- Marketing of our Services;
- Communicating with you about opportunities, products, services, contests, promotions, discounts, incentives, surveys, and rewards offered by us and select partners;
- If we send you marketing emails, each email will contain instructions permitting you to “opt out” of receiving future marketing or other communications.
Other Uses
- Marketing of our Services;
- Communicating with you about opportunities, products, services, contests, promotions, discounts, incentives, surveys, and rewards offered by us and select partners;
- If we send you marketing emails, each email will contain instructions permitting you to “opt out” of receiving future marketing or other communications.
With Other Users of our Services With Whom You Interact
- With other users of our Services with whom you interact through your own use of our Services. For example, we may share information when you make or accept a payment, appointment, or money transfer using our Services.
With our Affiliates
- With our group companies and corporate affiliates, for the purposes outlined herein.
With Third Parties
- With third parties to provide, maintain, and improve our Services, including service providers who access information about you to perform services on our behalf (e.g., fraud prevention, identity verification, and fee collection services), as well as financial institutions, payment networks, payment card associations, credit bureaus, partners providing services on Pine Labs behalf, and other entities in connection with the Services;
- With third parties that run advertising campaigns, contests, special offers, or other events or activities on our behalf or in connection with our Services.
Business Transfers and Corporate Changes
- To a subsequent owner, co-owner, or operator of one or more of the Services; or
- In connection with (including, without limitation, during the negotiation or due diligence process of) a corporate merger, consolidation, or restructuring; the sale of substantially all of our stock and/or assets; financing, acquisition, divestiture, or dissolution of all or a portion of our business; or other corporate change.
Safety and Compliance with Law
- If we believe that disclosure is reasonably necessary (i) to comply with any applicable law, regulation, legal process or governmental request (e.g., from tax authorities, law enforcement agencies, etc.); (ii) to enforce or comply with applicable agreements or policies; (iii) to protect our or our customers’ rights or property, or the security or integrity of our Services; or (iv) to protect us, users of our Services or the public from harm, fraud, or potentially prohibited or illegal activities.
With Your Consent
- At your direction or as described at the time you agree to share;
- When you authorize a third-party application or website to access your information.
Aggregated and Anonymized Information
- We also may share (within our group of companies or with third parties) aggregated and anonymized information that does not specifically identify you or any individual user of our Services.
We use various technologies to collect or receive information when you access or use our Services, including placing a piece of code, commonly referred to as a “cookie,” or similar technology on your device and using web beacons. Cookies are small data files that are stored on your hard drive or in your device memory when you visit a website or view a message. Among other things, cookies support the integrity of our registration process, retain your preferences and account settings, and help evaluate and compile aggregated statistics about user activity. We will begin collecting information about you or from activity on devices you use as soon as you use the Fave App and/or our Services. By using our Services, you permit us to collect or receive and use your information from activity on devices you use in accordance with this Privacy Notice.
Certain cookies we use last only for the duration of your web or application session and expire when you close your browser or exit the application. Other cookies are used to remember you when you return to use the Services and, as such, will last longer.
We may use cookies to:
- Remember that you have visited us or used the Services before. This allows us to identify the number of unique visitors we receive, so that we can provide enough capacity to accommodate all of our users.
- Customize elements of the promotional layout and/or content of our Services.
- Collect data about the way you interact with our Services (e.g., when you use certain features).
- Collect data to assess and improve our advertising campaigns, including sending information to our business partners.
- Allow our business partners (including third parties) to use these tracking technologies to track your behavior on our behalf on our website/platform (including when you use multiple devices) and on partner websites.
- Enable third parties to collect data about the way you interact across sites outside of our Services.
- Collect anonymous statistical information about how you use the Services (including the length of your web or application session) and the location from which you access the Services, so that we can improve the Services and learn which elements and functions of the Services are most popular with our users.
Some of the cookies used in the Services are set by us, and others are set by third parties who deliver services on our behalf.
Most web and mobile device browsers are set to automatically accept cookies by default. However, you can change your browser settings to prevent automatic acceptance of cookies, or to notify you each time a cookie is set. Please note, however, that by blocking or deleting cookies used in the Services, you may not be able to take full advantage of the Services.
We also may collect or receive information using web beacons. Web beacons are electronic images that may be used in our Services or emails. We use web beacons to deliver cookies, track the number of visits to our website and apps, understand usage and campaign effectiveness, and determine whether an email has been opened and acted upon.
We can use third-party service providers to provide site metrics and other analytics services. These third parties can use cookies, web beacons, and other technologies to collect information, such as your IP address, identifiers associated with your device, other applications on your device, the browsers you use to access our Services, webpages viewed, time spent on webpages, links clicked, and conversion information (e.g., transactions entered into). This information can be used by Pine Labs and third-party service providers on behalf of Pine Labs to analyze and track usage of our Services, determine the popularity of certain content, and better understand how you use our Services. The third-party service providers that we engage are bound by confidentiality obligations and other restrictions with respect to their use and collection of your information.
This Privacy Notice does not apply to, and we are not responsible for, third-party cookies, web beacons, or other tracking technologies, which are covered by such third parties’ privacy policies. For more information, we encourage you to check the privacy policies of these third parties to learn about their privacy practices.
With Other Users of our Services With Whom You Interact
You may access, change, or correct information that you have provided by logging into your Pine Labs account at any time or by making a request to us on : care@myfave.in in which case we may need to verify your identity before granting access or otherwise changing or correcting your information.
Deactivating Your Account
If you wish to deactivate your account, you can do so by logging into your Fave account (if available) or by emailing us at : care@myfave.in.
Location Information
In order to provide certain Services, we may require access to location information, including precise geolocation information collected from your device. If you do not consent to collection of this information, certain Services will not function properly and you will not be able to use those Services.
Promotional Communications
You can opt out of receiving promotional messages from Pine Labs by following the instructions in those messages, by informing the caller that you would not like to receive future promotional calls, or by changing your notification settings by logging into your Pine Labs account. You may only opt-out of text messages from Pine Labs by replying STOP. Opting out of receiving communications may impact your use of the Services. If you decide to opt out, we can still send you non-promotional communications, such as digital receipts and messages about your account or our ongoing business relations.
We take reasonable measures, including administrative, technical, and physical safeguards, to protect your information from loss, theft, misuse, and unauthorized access, disclosure, alteration, and destruction. Nevertheless, the internet is not a 100% secure environment, and we cannot guarantee absolute security of the transmission or storage of your information. We hold information about you both at our own premises and with the assistance of third-party service providers.
We may amend this Privacy Notice from time to time by posting a revised version and updating the “Effective Date” above. The revised version will be effective on the “Effective Date” listed. We will provide you with reasonable prior notice of material changes in how we use your information, including by email, if you have provided an email address. If you disagree with these changes, you may cancel your account at any time. Your continued use of our Services constitutes your consent to any amendment of this Privacy Notice.