Consumer Terms & Conditions

This document is an electronic record in compliance with the Information Technology Act, 2000 and the Rules and Regulations framed there under, as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

Please read the following terms and conditions carefully before browsing, downloading, registering, accessing or using the HipBar Application (as defined below). By accessing, registering on or using the HipBar Application or by using the Services provided by Us, as defined below, you agree to be bound by the terms and conditions set forth below including any additional guidelines and future modifications thereto. If, at any point of time, you do not agree to these terms and conditions or do not wish to be bound by any of these terms and conditions, you may not access or use the HipBar Application and terminate this Agreement, in terms hereof.

Your Agreement to these Terms and Conditions for availing Service

These Terms and Conditions (as may be amended from time to time, the "Agreement" or “Terms”) constitute a legal contract between You being, an User, of at least 21  years of age (“You” or “User”), and HipBar Private Limited, having its registered office at 7, Crescent Avenue, Kesavaperumal Puram, Chennai 600028(“HipBar”, “We” or “Us”).

Hip Bar owns and operates the a mobile application HipBar (the "HipBar Application"), which provides a platform for liquor/alcoholic beverage manufacturers and distributors (“Sellers”) to showcase liquor and alcoholic beverages ("Products") on the platform created by HipBar i.e. the HipBar Application and enables You to search and order these Products and have them delivered to a designated location through independent, licensed alcohol beverage retailers, and other licensees with retail privileges (hereinafter referred to as the "Merchant"). We act as an intermediary/ service provider, providing You with this platform enabling You to purchase the Products from the Merchant and we provide You with payment solutions, payment support services and technology solutions (hereinafter referred to as the “Services”). All orders placed through the HipBar Application are accepted, reviewed, and ultimately fulfilled by the Merchant.  We do not warrant or take any responsibility or liability in respect of the services provided by the Merchant or its agents to You, nor does do we assert any rights or claims over the services offered by the Merchant

1.        Eligibility to Use

By accessing the HipBar Application, You represent that You are at least 21 (Twenty One) years of age and have not been previously suspended or prohibited from accessing the HipBar Application or otherwise availing the Services through the HipBar Application. You represent and warrant that You have the right legal and mental capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

2.        Your Registration and Account Obligations

You shall be solely responsible for maintaining the confidentiality of Your assigned User ID and Password ("HipBar Account") and shall be responsible for all activities that occur under Your User ID and Password. You agree that if You provide any information that is inaccurate, false or incomplete or we have sufficient reasonable evidence or grounds to suspect that such information is inaccurate, false or incomplete or not in accordance with the this Agreement, We shall have the right to indefinitely suspend or terminate or block access of Your membership on the HipBar Application and refuse to provide You with access to the HipBar Application.

You also agree that Your User Profile is linked to your mobile number (issued by a valid operation in India) and your, self-declared, email id both of which clearly identifies your HipBar Account. You agree to provide your correct name and other details sought for which will appear on your HipBar Wallet account statement.

As part of the HipBar’s registration process, HipBar will generate a secure SMS based(One Time Password) OTP to your registered mobile number to sign in to your HipBar Account. You are responsible for maintaining the integrity of the OTP with your HipBar account, and are fully responsible for all activities that occur under the HipBar account.

For enabling transactions on the HipBar Wallet, it is mandatory for you to confirm the authenticity of your registered email id by clicking on the verification link sent to your given email id. You are fully responsible for providing the proper email id at the time of sign-up and you acknowledge to receive emails relating to your HipBar Wallet account and the product communications to your registered email id.

In addition, you shall set a four-digit transaction PIN, which shall be used for Redemption of the Products from the Merchant. You acknowledge that this PIN shall be unique and you shall maintain secrecy of the Transaction PIN in your own interest, and any liability on account of any breach to your account on account of disclosing this information to any third party shall solely rest with you.

You agree to:

a)   Immediately notify HipBar of any unauthorized
use of your mobile number or the HipBar Account or HipBar Wallet or any other
breach of security, and

b)   Ensure that you exit from your HipBar account at the end of each session.

HipBar shall not be liable for any loss, damage or other liability arising from your failure to comply with this clause or from any unauthorized access to or use of the HipBar Account.

The terms of use of HipBar Wallet shall be governed by the terms as detailed in [Annexure to this Agreement]

3.        Access to HipBar’s Services

Our Services enable you to search for various Products, reserve and place orders of the Products with the Merchant and have the Merchant deliver the Products to the designated location. The Products shall be delivered by the Merchant or an authorised agent of the Merchant. All sale and purchase transactions are solely made between You and the Merchant. Each Product listed on the HipBar Application is not an offer to purchase such Products but an invitation to make an offer by placing an order with the Merchant through the HipBar Application. You acknowledge and agree we do not sell, offer to sell, invite to sell, or solicit any offers or sell or deliver the Products. In all instances, all sales are advertised, accepted, made and delivered by the Merchants who receive all orders and offers. 

HipBar grants you a non-transferable, non-exclusive limited license to access and make personal use of the Services and the HipBar Application, which shall be subject to the terms and conditions contained in this Agreement. The license allows you to use the Services for your personal, non-commercial use. The license also allows you to download, install the HipBar Applications related to the Services on a mobile device that you own or control for your personal non-commercial use. HipBar’s grant of the license does not permit you to duplicate, transfer, give access to, copy or distribute any part of the Services in any way, or use the Services in any manner not consistent with the terms of this Agreement. All rights not expressly granted herein are reserved by HipBar.

4.        Processing and Delivery of Products

All Users are required to create an HipBar Wallet account (as defined hereinafter) and all payments in respect of the Products which are reserved and ordered are to be made exclusively through the HipBar Wallet, the monetary value of which will be received by the respective Merchants from whom you purchase the Products. At the time you order the Products, your HipBar Wallet will be charged through a third party payment gateway, which will, subject to the terms and conditions agreed with the payment gateway, transfer and deliver the funds to the Merchant. The use of the HipBar Wallet shall be governed by the "HipBar Wallet - Terms of Use" which is accessible here.

Before the handing over of the[PA1] Products to You, the Merchant shall validate your identity through a bio-metric (finger print) authentication process using Aadhaar. If Aadhaar card isn't available, any one of the following government-recognised, original documents shall be accepted for age verification purposes - Driving License, Passport, PAN Card or Voter ID. You further agree that you shall be charged an additional fee in the nature of a convenience fee, as applicable, for delivery of the Products. 

In case of failure to comply with the age requirements or the verification process, the Products would not be handed over to You and You shall be charged a cancellation fee.  You agree to cooperate with the Merchant in the process of verification of age or any other verification process.

In case of cancellation of delivery of the Products by the User, the User shall be charged a cancellation fee by the Company.

Neither HipBar, nor any officer, director, employee, shareholder or agent of HipBar shall be liable to the User or any third-party for any claims relating to the reservation, delivery and/or consumption of the Products or any consequences which may result thereof.

By completing an order on the HipBar Application, you agree that you are of the relevant legal age as per Applicable Law in the State in which you are domiciled, to reserve and thereafter consume such Products and you will be present to accept the delivery of Products.

In the event that there is no individual who is of the relevant legal age or other requirements as per Applicable Law in the State in which he is domiciled, to take delivery and consume such Products or such individual cannot provide valid identification showing the proof of his or her age or other excise prerequisites such as “permit”, the Merchant may deny service and/or delivery of the Products. The Merchant reserves the right to refuse to deliver Products for any reason whatsoever. This reservation includes, but is not limited to the following:

a)        An insane Person

b)        Person known or believed to be drunk

c)        Person known or suspected to be about to take part in a riot or disturbance of public peace or any other crime

d)        If a Person is an Excise Official, Police Officer, Railway Servant and Motor Bus Chauffeur, on duty or in uniform

5.        Acceptable Use and Restrictions. 

You agree to protect the Services, and their proprietary content, information and other materials, from any unauthorized access or use, and you agree that you will not use the Services or such proprietary content, information or other materials except as expressly permitted herein or expressly authorized by Us. You agree that:

(i)        You will not use the Services if you are not fully able and legally competent to agree to these Terms;

(ii)       You will not engage in any behaviour which is in violation of any law in force;

(iii)      You will not impersonate any other person or entity, falsely claim or otherwise misrepresent an affiliation with any person or entity, or access the accounts of others without permission, forge another persons' digital signature, misrepresent the source, identity, or content of information transmitted via the Services, perform any other similar fraudulent activity or otherwise purchase recharge with what we reasonably believe to be potentially fraudulent funds;

(iv)      You will not infringe or try to infringe our or any third party's intellectual properties including but not limited to patent, trademark, copyright or other proprietary rights; 

(v)       You will not host, display, upload, modify, publish, transmit, update or share any message / information which is libellous, defamatory or which discloses private or personal matters concerning any person;

(vi)      You will not host, display, upload, modify, publish, transmit, update or share any message, data, image or program which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, paedophilic, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner;

(vii)    You will not refuse to cooperate in an investigation or provide confirmation of Your identity or any other information You provide to HipBar if required by any law enforcement, legal or government agencies or Merchant;

(viii)   You will not make or seek to make payment to the Merchants other than through the HipBar Wallet;

(ix)      You will not remove, circumvent, disable, damage or otherwise interfere with security-related features of the Services and the HipBar Application or features that prohibit access to the HipBar Application or the services in any manner or enforce limitations on the use of the Services;

(x)       You will not reverse engineer, disassemble or otherwise attempt to discover or discover the source code of the HipBar Application or any part thereof, except and only to the extent that such prohibition is expressly prohibited by applicable law notwithstanding this limitation;

(xi)      You will not attempt to obtain any information or content from the Services using any robot, spider, scraper or other automated means for any purpose;

(xii)    You will keep secure and confidential your details of the HipBar Account or any identification we provide you which allows access to the Services;

(xiii)    You will only use an access point or data account which you are authorized to use;

(xiv)   The Products will be delivered only to places which are licensed premises as per Applicable Law.

(xv)    You and any recipient of your orders will provide whatever proof of identity and age reasonably requested by the Merchant, its employee or agent, or the shipping or delivery company used by the Merchant or that shipping or delivery company’s employee or agent;

(xvi)   You will use the Services in any manner that could damage, disable, overburden, or impair it, including, without limitation, using the Services in an automated manner;

(xvii) You will not breach this Agreement and terms and conditions thereof or any other rule, regulation or policy, as introduced by us from time to time;

(xviii)    Use the Services in a manner that results in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties and other liability to HipBar, a third party or You;

(xix)   You shall not hold liable HipBar for any Services provided by the them including but not limited to anything that arises from the use of such Services or loss of belongings and assets or any security related issues.

6.        Pricing

The prices of the Products published on the HipBar Application are prices based on pricing information provided to us by the Merchant and may not always reflect the prevailing pricing. The Merchant reserve the right to determine final prices of all their Products.

7.        Indemnification

You agree to indemnify, save, and hold Us, our promoters, directors, affiliates, contractors, service providers, employees, officers, agents and its third party suppliers, licensors, and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to Your use or misuse of the HipBar Application, violation by You of the terms and conditions of this Agreement, or any breach of the representations, warranties, and covenants made by You herein. We reserve our right, at Your expense, to assume the exclusive defence and control of any matter for which You are required to indemnify us, including rights to settle, and You agree to cooperate with Us to defend and settle the claims. We will make reasonable efforts to notify You of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This clause shall survive termination of this Agreement.

8.        Liabilities and Damages

In no event will We or our contractors, directors, officers, agents, licensors, partners be liable to You for any special, indirect, incidental, consequential, punitive, or exemplary damages, including but not limited to lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever, arising out of or relating to (i) this Agreement, and (ii) the use or inability use the Application.

9.        Disclaimer: No Warranties

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTES WITH US IS THE CANCELLATION OF YOUR HIPBAR ACCOUNT WITH US.

THE COMPANY's APPLICATION, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE HIPBAR APPLICATION, IS PROVIDED 'AS IS.' TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT/SERVICES ON THE HIPBAR APPLICATION, OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH PLATFORM, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH PLATFORM OR ANY LINKED SITE. FURTHER THE COMPANY DISCLAIM'S ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON HIPBAR APPLICATION, OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE. THE COMPANY SHALL NOT BE LIABLE FOR THE USE OF HIPBAR APPLICATION, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.

IN NO EVENT OUR TOTAL CUMULATIVE LIABILITY TOWARDS YOU FOR ANY AND ALL CLAIMS UNDER THIS AGREEMENT REGARDLESS OF THE FORM OF ACTION, EXCEED INR [One Hundred Only].

10.        Ownership; Proprietary Rights

All rights, including copyright, in the HipBar Application are owned or controlled for these purposes by Us. Except where expressly stated otherwise, you are not permitted to do any derivative work, copy, download, store (in any medium), transmit, broadcast, show or display in public, adapt or change in any way the content on the HipBar Application for any purpose whatsoever without Our prior written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible under applicable law. Any other rights, not expressly granted herein, are reserved.

The HipBar Application includes a combination of content that We create, that our partners or licensors or associates create, and that the Sellers/Merchants may create. All materials published on the HipBar Application, including, but not limited to software(s), advertisement(s), written content, views, reviews, photographs, graphics, images, illustrations, marks, logos, sound or video clips, and flash animation, are protected by our copyrights or trademarks or those of our partners or licensors or associates. You are not permitted to copy, modify, publish, transmit, reproduce, create derivative works of, distribute, publicly perform or display, or in any way exploit any of the materials or content on the websites in whole or in part.

If we find any contents or materials published on our sites as obscene, offensive, indecent, racial, hatred to religion or objectionable or that is inaccurate, you shall refrain from use of such materials or contents and shall bear all risks associated with using that content. You unequivocally agree not to publish or post such material in Your Content. We have the right, but not the obligation, to remove any content that may, in our sole discretion, violate these Terms or that is otherwise objectionable.

All names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on the HipBar Application belonging to any person, entity or third party are recognized as proprietary to the respective owners and any claims, controversy or issues against these names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights must be directly addressed to the respective parties under notice to us. You irrevocable confirm and undertake that We shall not be liable for any claims, expenses and liabilities for display or use of the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on the HipBar Applicationunder license or rights or affiliation with the said person, entity or third party.

11.        Termination of Agreement

Termination by US:  You agree that We, in our sole discretion, for any or no reason, may suspend or terminate Your HipBar Account (or any part thereof) or terminate this Agreement, at any time without assigning any reason. You agree that any termination may be effected without prior notice, and You agree that We will not be liable to You or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies We may have at law or in equity. [VK1] 

Termination by You: You may terminate this Agreement at any point in time.

12.        Consequence of Termination

Upon termination of this Agreement for any reason We will, block Your access to the Application and delete Your HipBar Account.

In case of termination of this Agreement any amounts standing in your name in the HipBar Wallet, shall be refunded to You, in accordance with the terms governing the HipBar Wallet [accessible here] and Applicable Laws.

13.        Advertisements

We do not in any way warrant or represent about the quality or nature of the Products which may be advertised on the HipBar Application.  Your correspondence or dealings with, or participation in promotions of advertisers displayed on the HipBar Application, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser / third-party. We shall not be responsible or liable for any loss or damage of any sort incurred by You as a result of any such dealings or as the result of the presence of such advertisers on the Website, and any such interaction with a third-party advertiser shall be undertaken by You at your sole risk and liability.

14.        Modification of this Agreement

We reserve the exclusive right to change, modify, add, delete or remove portions of this Agreement at any time by posting notification on the Application or otherwise communicating the said notification to You. The changes will become effective, and shall be deemed accepted by You 24 (twenty-four) hours after the initial posting and shall be applicable immediately on a going-forward basis. If You do not agree with any such modification, Your sole and exclusive remedy is to terminate this Agreement in accordance with the clause above. If you continue to use the Application, it will be deemed as your acceptance to the terms.

 15.        Waiver

Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by our authorised.

 16.        Your Data.

When you use the Services, you understand and agree We may collect, use and disclose information about you as described in our Privacy Policy located here

17.        Notice

We may provide You with notices and communications by email, regular mail or postings on the Website or by any other reasonable means. Except otherwise communicated, notice to Us must be sent by courier or registered mail to: No.34/72A, Gandhi Nagar 4th Main Road,Adyar, Chennai, Tamil Nadu 600020.

18.        Arbitration

You and/or HipBar, agree that any dispute arising out of or relating to this Agreement including its interpretation by arbitration, shall be settled in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996. You agree, that the disputes shall be decided by a sole arbitrator and We shall have the sole right to appoint the arbitrator. Any such dispute shall be decided and determined on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration proceedings shall be conducted in Chennai, India. Either of us may, subject to the provisions of the Arbitration & Conciliation Act, 1996, and to the extent permitted thereunder, seek any interim or preliminary relief from a Court of competent jurisdiction in Chennai, India, necessary to protect the rights or the property of You or the COMPANY (or its agents, suppliers, service providers and subcontractors). Any arbitration shall be confidential, and neither of Us shall disclose the existence, content or results of any such arbitration proceedings, except as may be required by law or for purposes of enforcing or challenging the arbitration award. In all arbitrations, each party will bear the expense of its own lawyers and preparation. The language of Arbitration shall be English.

 19.        Laws and Disputes Redressal

Subject to Clause 18, You agree that Courts in Chennai, India, shall have exclusive jurisdiction in respect of disputes between us. This Agreement shall be governed by the laws of India.

20.        Severability

If any provision of this Agreement is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent required, and the remaining provisions will remain valid and enforceable.

21.        Assignment

This Agreement, and any rights granted hereunder, may not be transferred or assigned by You without our prior written consent which may be withheld in our sole discretion, but may be assigned by us without restriction. Any assignment attempted to be made in violation of this provision shall be void and of no effect.

22.        Survival

Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration as applied to transfers and relationship prior to such termination or expiration.

23.        Contact Information

You can send in your Queries, Requests or Complaints in the following ways:

A)      Online chat: Go to settings -> Online chat and post a query, we will respond instantly.

B)      Email: Write us at [email protected] and submit your queries.

You have the right to register a complaint if you are not satisfied with any of the following:

·           Services provided by HipBar.

·           Payment system/ prepaid instrument errors.

·           Redemption issues.

·           Extension of HipBar-Wallet validity.

·           Unhappy with the quality of customer service provided.        

·           Or any other grievances.

24.        SLA

If you are not satisfied with the resolution provided by our level 1 escalation, you can further escalate the concern to higher level as mentioned in our Customer Grievance policy here.

25.        Know Your Customer

KYC refers to the various norms, rules, laws and statutes issued by various Governments Authorities including the Reserve Bank of India from time to time. HipBar is required to procure personal identification details from you before any Services can be delivered and at the time of registration and/ or on a later date, for availing and / or continuation of the HipBar Wallet. You agree that:


i.    The collection, verification, audit and maintenance of correct and updated customer information is a continuous process and We reserve the right, at any time, to take steps necessary to ensure compliance with all relevant and applicable KYC requirements;


ii.    We reserve the right to discontinue Services/ reject applications for HipBar Wallet upgradation at any time if there are discrepancies in information and/or documentation provided by you; and


iii.    Any information provided to Us with the intention of securing HipBar Wallet shall vest with Us, and may be used, for any purpose consistent with the Applicable Laws, at its discretion.

Subject to guidelines/notifications issued by various Governments Authorities including the Reserve Bank of India from time to time, the KYC norms may be reviewed and modified at the discretion of HipBar without prior intimation to you.

26.        Communication

You agree to receive certain specific emails from us. You hereby confirm that as on date of this registration, you do not have any objection to receiving emails, messages and calls from us and our members. This consent shall supersede any preferences set by you with or registration done with the Do Not Disturb (DND Register)/ National Customer Preference Register. This consent extends to emails, messages or calls relating the your association with the App and/ or Website under these Terms.

Annexure

HIPBAR WALLET – TERMS OF USE

Definitions

1.      “Applicable Laws” shall mean all statutes, enactments, acts of legislature or parliament, ordinances, rules, bye-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any government, statutory authority, regulatory authority, tribunal, board or court in India, as amended or implemented from time to time. “Customer” User or “you” mean a person who has registered with HipBar for availing the HipBar Wallet and who has accepted these Terms and owns/operates/has access to an internet compatible device that supports the HipBar Wallet.

2.      “HipBar Wallet” means the pre-paid payment instrument issued by HipBar including Basic Account and Prime Account.

3.      “Charge(s)” or “Service Charge” shall mean the charges which HipBar may levy upon you in consideration for subscribing to the HipBar Wallet.

4.      “Person-to-Person Transfer” refers to a facility to transfer funds from a HipBar Wallet to any other HipBar Wallet issued by HipBar or to any savings or current bank account.

5.      “Merchant Establishment” shall mean and include physical Merchants, remote Merchants and any other outlet that has been authorized by HipBar to accept payment using HipBar Wallet.

6.      “Enrolment Form” shall mean the HipBar Wallet Enrolment Form, as is required by HipBar from the Customer at the time of registration for availing and / or continuation of the HipBar Wallet.

7.      “Basic Account” means Customer HipBar Wallet classified as Semi-closed system payment instruments issued by accepting minimum customer details being Customer name, e-mail address, mobile number, which permit payment and domestic money remittance as per the RBI master circular on Policy Guidelines on Issuance and Operation of Pre-paid Payment Instruments in India dated July 01, 2016 read with RBI direction on Issuance and Operation of Pre-paid Payment Instruments in India (Reserve Bank) Directions, 2009 as amended and supplemented by the RBI from time to time.

8.      “Prime Account” means Customer HipBar Wallet which is KYC compliant and classified as Semi-closed system payment instruments which permit Person-to-Person transfer and payment to all identified Merchant as per the RBI master circular on Policy Guidelines on Issuance and Operation of Pre-paid Payment Instruments in India dated July 01, 2016 read with RBI direction on Issuance and Operation of Pre-paid Payment Instruments in India (Reserve Bank) Directions, 2009 as amended and supplemented by the RBI from time to time.

9.      “KYC” stands for Know your Customer and refers to the various norms, rules, laws and statutes issued by RBI from time to time under which HipBar is required to procure personal identification details from you before any services can be delivered. Know your Customer (KYC) documents may be required by HipBar from the Customer at the time of registration and/ or on a later date, for availing and / or continuation of the HipBar Wallet.

10.      “Password” means the secret password used to secure HipBar Wallet applications, without   knowledge of which your HipBar Wallet will not be operable.

11.      “Tranfsaction” means Person-to-person transfer or purchase of goods or services at Merchant establishments or equivalent amount of money-in HipBar Wallet, if goods or services not available.

12.      "Gifting" shall mean the facility given to HipBar Wallet holders to Reserve and item and transfer its underlying value to another beneficiary who is also a HipBar Wallet Holder

13.      "Person to Bank transfer" refers to a facility to transfer funds from a HipBar to any Bank Account.

14.    “RBI” means the Reserve Bank of India.

15.    “SLA” means the number of days within which a complaint by Customer has to be resolved.

 Documentation

1. The collection, verification, audit and maintenance of correct and updated Customer information is a continuous process and HipBar reserves the right, at any time, to take steps necessary to ensure compliance with all relevant and applicable KYC requirements. HipBar reserves the right to discontinue services/ reject applications for HipBar Wallet at any time if there are discrepancies in information and/or documentation provided by you.

2. Any information provided to HipBar with the intention of securing HipBar Wallet shall vest with HipBar, and may be used by HipBar, for any purpose consistent with Applicable Laws or regulation, at its discretion.

3. If the particulars provided by you in the KYC documents do not match with the details mentioned in the Enrollment Form, then HipBar has the right to forfeit the balance amount in your wallet.

General Conditions of HipBar Wallet

1. You will be issued, Basic Account immediately after successful registration. Your account will be upgraded to a Prime Account after you submit your KYC documents at the time of registration itself or on a later date and the same are verified and approved by HipBar. HipBar Wallet Prime Account Services shall ordinarily be activated within twenty one (21) working days of receipt and verification of the associated documentation. For detailed features, registration process, documentation processes, KYC requirements, permitted Transactions, service discontinuation procedure and other related details relating to the above mentioned services, please refer www.HipBar.com/HipBarcash.

2. You may recharge your HipBar Wallet through any of the methods mentioned at www.secure.HipBar.in. The list of recharge outlets and methods of recharging HipBar Wallet are subject to change at the discretion of HipBar without prior intimation to the Customer.

3. You may note that withdrawing money from HipBar Wallet is not allowed. Any outstanding credit in the HipBar Wallet must be utilized only to make payments for bona-fide Transactions at Merchant Establishments and Person-to-person transfers or Person-to-bank transfer.

4. HipBar Wallet are available only to resident Indians who have attained the age of 21 years and are competent to contract.

5. HipBar Wallet provides you the facility of Gifting by which you can transfer the credits from your HipBar Wallet to other Users of the HipBar Wallet.

6. HipBar Wallet are not transferable.

7. The maximum monetary value that can be stored at any point of time in a HipBar Wallet Prime Account is INR 1,00,000/- (INR One lakh only). The maximum permitted value of Transactions at any point of time in HipBar Wallet Prime Account is INR 1,00,000/- (INR One lakh only). The maximum monetary value that can be stored and utilized in a month in a HipBar Wallet Basic Account is INR 10,000/- (INR Ten Thousand Only). The maximum monetary value that can be transferred from one HipBar Wallet Account to other HipBar Wallet or bank account in a single transaction is INR 5,000/- (INR Five Thousand only). The maximum monetary value that can be transferred from one HipBar Wallet Account to other HipBar Wallet or bank account in a single month is INR 25,000/- (INR Twenty Five Thousand only). Subject to guidelines/notifications issued by RBI from time to time these limitations may be reviewed and modified at the discretion of HipBar without prior intimation to the Customer.

8. HipBar reserves the right to suspend/discontinue HipBar Wallet Services to you at any time, for any cause, including, but not limited, to the following-

· For any suspected violation of the rules, regulations, orders, directions, notifications issued by RBI from time to time or for any violation of the terms and conditions mentioned in this document;

· For any suspected discrepancy in the particular(s), documentation or Enrollment Form provided by you;

· To combat potential fraud, sabotage, wilful destruction, threat to national security or for any other force majeure reasons etc.;

· If the same is due to technical failure, modification, upgradation, variation, relocation, repair, and/or maintenance due to any emergency or for any technical reasons.

· If the same is due to any transmission deficiencies caused by topographical and geographical constraints/limitations;

· If the mobile connection with which your HipBar Wallet is related ceases to be operational or in your possession or control.

· If HipBar believes, in its reasonable opinion, that cessation/ suspension is necessary.

9. The value stored on your HipBar Wallet shall be refunded only in accordance with the forfeiture procedure set out in these Terms and may only be utilized to make payments for bonafide Transactions at merchant establishments and Person-to-person transfer or Person-to-bank transfer. No interest will be payable by HipBar on the available balance reflected on the HipBar Wallet.

10. You are permitted to maintain and operate only one HipBar Wallet. Any suspected non-conformity with this requirement shall be just cause for the suspension/ discontinuation of any/all Wallets associated with you by HipBar.

HipBar Wallet Charges & Validity

1. You shall pay the Service Charges prescribed by HipBar in the form and manner prescribed for such payment. HipBar may at its discretion, change, amend, increase, or reduce the Service Charges without prior intimation to the Customer.

2. You Acknowledge that HipBar may at its sole discretion, but with adequate notice of 15 days, communicate the proposed charges for a platform subscription fee and adopt the same. HipBar Wallet holders who choose to opt out may do so within 15 days from the date of such notice, and the HipBar Wallet balances (if any) shall be refunded to the designated bank account of the HipBar Wallet holder within 15 days from the date of such intimation.

3. Any value in your HipBar Wallet that is utilized towards making payments for any Transaction shall be automatically debited from your HipBar Wallet. HipBar’s responsibility is limited to the debiting of your HipBar Wallet and the subsequent payment to any Merchant Establishment that you might transact with. HipBar does not endorse, promote, champion or warrant any goods and/or services that might be bought/availed or proposed to be bought/availed using HipBar Wallet.

4. HipBar reserves the right to levy charges/ charge commission upon any amounts loaded upon your HipBar Wallet or any amounts spent/utilized by you using HipBar Wallet.

This charge is on the total amount being deducted and not on the amount being transferred

5. HipBar reserves the right to set off any balance in your Wallet in order to recover funds for Transactions processed as per your request.

6. Charges pertaining to transactions shall be in accordance with the RBI guidelines as applicable from time to time.

Know Your Customer Compliance

KYC refers to the various norms, rules, laws and statutes issued by the RBI from time to time. HipBar is required to procure personal identification details from you before any Services can be delivered and at the time of registration and/ or on a later date, for availing and / or continuation of the HipBar Wallet. You agree that:

iv.    The collection, verification, audit and maintenance of correct and updated customer information is a continuous process and HipBar reserves the right, at any time, to take steps necessary to ensure compliance with all relevant and applicable KYC requirements;
       
v.    We reserve the right to discontinue Services/ reject applications for HipBar Wallet at any time if there are discrepancies in information and/or documentation provided by you; and
       
vi.    Any information provided to Us with the intention of securing HipBar Wallet shall vest with Us, and may be used, for any purpose consistent with the Applicable Laws, at its discretion.

Subject to guidelines/notifications issued by RBI from time to time, the KYC norms may be reviewed and modified at the discretion of HipBar without prior intimation to you.

Customer Obligations

1. HipBar Wallet availability is subject to the maintenance of an active mobile phone or internet connection with an associated telecom provider. HipBar Wallet availability is subject to the maintenance of a mobile phone handset and other application on which services run and the Customer is solely responsible for all liability arising from the unavailability of services due to a mobile handset or internet service provider not supporting any HipBar Wallet channel or application.

2. You must ensure the availability of sufficient funds before executing any Transaction from your HipBar Wallet.

3. You shall be solely responsible for the confidentiality, safety and security of the Password. You shall be the sole owner of the Password and shall be responsible for the consequences arising out of disclosure of the Password and/or the unauthorized use of HipBar Wallet. In case the Password is lost or misplaced, you shall promptly inform HipBar by calling at the customer care numbers where after the Password will be barred and a new Password will be issued to you after necessary validation. In case the mobile phone/ SIM card associated with your HipBar Wallet is lost/stolen/misplaced/ no longer in your control, you shall promptly inform HipBar. HipBar will upon receipt of such information block the relevant account.

4. You shall only use HipBar Wallet for all Transactions with the specific Merchant Establishment for the products/services available therein. The list of Merchant Establishments is available at www.HipBar.com and is subject to change at HipBar’s discretion without prior intimation.

5. You shall intimate HipBar about change in your address, if any, in writing along with such proof of address as per the KYC documents.

6. You shall not use HipBar Wallet for any purpose that might be construed as contrary or repugnant to Applicable Laws, regulation, guideline, judicial dicta, HipBar policy or public policy or for any purpose that might negatively prejudice the goodwill of HipBar.

7. You acknowledge and understand that HipBar Wallet are linked to your mobile phone number and you shall be solely responsible for any liability arising out of the loss/ theft / misuse of the mobile phone number or deactivation of mobile connection by the concerned telecom service provider, in respect of the services.

8. Information submitted by you for availing HipBar Wallet and/or information submitted while using HipBar Wallet may be shared with third parties by HipBar, inter alia, to facilitate the provision of HipBar Wallet.

9. HipBar Wallet holders who have utilised the HipBar application for Gifting shall provide on demand the full details of the ultimate beneficiary for furnishing to the RBI or Government, as and when requested.

10. You shall ensure that the services are not used for Transactions in foreign currency. HipBar Wallet is issued & shall be valid only in India and shall be used at Merchant Establishments only in India.

11. Without limiting the foregoing, you agree that you will not use the HipBar App/ website to undertake any of the following actions or to display, upload, modify, publish, distribute, disseminate, transmit, update or share any information that:


·     is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

·     infringes any patent, trademark, copyright or other proprietary rights;

·     contains viruses, corrupted files, or any other similar software or programs that is designed to interrupt, destroy or that may limit the functionality of any computer source or that may damage or adversely affect the operation of another person’s computer, its websites, any software or hardware, or telecommunications equipment;

·     advertises or offers to sell any goods or services for any commercial purpose;

·     is in the nature of promotional services, products, surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;

·     falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;

·     violates any law for the time being in force;

·     belongs to another person to which you do not have any right to;

·     interferes with or disrupts the Website, servers, or networks;

·     impersonate any other person;

·     harm minors in any way;

·     forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through its websites or to manipulate your presence on its websites;

·     engage in any illegal activities; or

·     threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, or causes incitement to the commission of any cognizable offence, or prevents the investigation of any offence or insults any other nation.