TERMS AND CONDITIONS
Please read these HipBar platform terms and conditions and HipBar wallet terms and conditions (together referred to as the ‘Terms”) thoroughly before registering, accessing, browsing, downloading or using HipBar’s mobile application (the “App”) and HipBar’s website www.hipbar.com (the “Website”). By downloading, accessing, registering or using the App, Website or other products or services (collectively, the Services , and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as Content you agree to be bound by these Terms including any additional guidelines and future modifications.
The term “you” or “User” shall refer to any person or entity who views, uses, accesses, browses or submits any content or material to the App. Your access to and use of the Services are conditioned on you accepting and complying with the Terms. If you do not agree to be bound by these Terms, then you may not use the App, Website or other Services.
This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable and the 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. By clicking on the “I ACCEPT” button, you are consenting to be bound by these Terms. Please ensure that you read and understand all these user terms before you use the App and/ or the Website. If you do not accept any of the terms, then please do not use the App and/ or the Website or avail any of the services being provided therein.
Your agreement to these Terms for availing Services, as may be amended from time to time, is a legal contract between you, an individual customer, user or beneficiary of this service of an age, as permitted under Applicable Law in the State in which you are domiciled and HipBar Private Limited (“HipBar”, “We” or “Us”), having its registered office at 7, Crescent Avenue, Kesavaperumal Puram, Chennai 600028
HipBar may change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as sending a notification, posting a notice on the Services or updating the “Last Updated” date above. By continuing to use the Services you confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the Services. If you do not agree to the amended or updated Terms, you must stop using the Services and delete your HipBar account.
You acknowledge and agree that:
- These Terms are concluded between you and HipBar only; and
- HipBar is solely responsible for the App, which is sourced through Apple’s App Store / Google’s Play Store. Your use of the App must comply with the App Store / the Play Store Terms of Service.
By downloading this App or using the Website, you are voluntarily agreeing to be bound by the Terms. If you do not understand any portion of the Terms, you should not use HipBar’s Services. You further confirm that you are a resident of India and are of the relevant legal age as per Applicable Law in the State in which you are domiciled, to reserve the Products (as defined hereinafter) and you will be bound to produce a government issued photo identification and other state excise prerequisites (such as “permit”), prior to completion of a transaction.
Eligibility and Registration to Use the Services
You must be eligible under Applicable Laws (as defined hereinafter) to use the App and/ or the Website and/ or the HipBar Wallet. You agree to provide accurate, current and complete information about yourself or your company as prompted by our registration form (including your email address) and maintain and update your information (including your email address) to keep it accurate, current and complete. We reserve the right to terminate any account or your use of the App or Website or the platform/network if any information provided by you is false, fictitious, inaccurate, not current or incomplete, with or without notice to you.
You must keep your OTP and PIN confidential and not share it with any other person. You are responsible for all activity on your account, whether or not you authorized it. However, if you become aware of any unauthorized use of your account, please contact us immediately.
Access to HipBar’s Services
Our Services enable you to search for various beverages including alcoholic beverages and related experiences, , and such other products as may be added by HipBar from time to time (“Product(s)”) and place reservations of the orders which shall be placed and scheduled with our merchants/retail/outlet store/bar,/restaurant/club partners (“Partners“). All Reservations placed through the Website or App are accepted, reviewed, and ultimately fulfilled by the Partners. You acknowledge and agree that you are only Reserving your preferred Products on the App and/ or Website and you are not completing a sale and purchase transaction of the same on the App and/ or the Website, but only loading funds in your HipBar Wallet Account. All sale and purchase transactions are solely made between you and the Partners. Each Product listed on the App and/ or Website is not an offer to sell such Product but only an opportunity based on your volition to load and earmark the finds in the HipBar Wallet for a future purchase from your partners.
You acknowledge and agree that HipBar does not sell, offer to sell, invite to sell, or solicit any offers but merely acts a facilitator to reserve the Products. In all instances, all sales are promoted, accepted, made and delivered by licensed retailers/outlets who receive all orders and offers. No part of the Services is intended to facilitate any improper furnishing of inducements by any manufacturer, importer, supplier, wholesaler or distributor of Products to any Partner or any improper exclusionary practices by any beverage licensee.
HipBar grants you a non-transferable, non-exclusive limited license to access and make personal use of the Services and the App, subject to the Terms (“License”). The License allows you to use the Services for your personal, non-commercial use. The License also allows you to download, install any 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. Any unauthorized use terminates the License granted by HipBar. All rights not expressly granted herein are reserved by HipBar.
Processing and Delivery of Products
HipBar provides a tool for our Partners to display their Products on our App and Website through which the HipBar Wallet holder may reserve a particular Product. Our App and Website provides a platform through which all Reservations of Products are processed. No payments are to be made / received to HipBar through the App. All Users are required to create the HipBar Wallet (as defined hereinafter)at and all payments in respect of the Products which are Reserved may be made through such HipBar Wallet, the monetary value of which will be received by the respective Partner from whom the Wallet Holder redeems the Product. At the time you Reserve Products on the App, 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 of these Terms, transfer and deliver the funds to the Partners. Please note that a Reservation of a Product does not constitute actual purchase of such Product, at any point of time. In fact, a User is free to cancel such Reservation or not redeem such Product from the Partner. Only at the time of syncing of the User’s mobile device with the Partner’s, i.e. at the time of Redemption / pick-up of the Product, is the transaction complete, with transfer of HipBar Wallet funds to the Partner’s account.
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 Product or any consequences which may result thereof.
By completing a Reservation through the App, 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 as per Applicable Law in the State in which he is domiciled, to Reserve and thereafter 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 Partner may deny service and/or delivery of the Products.
The Partners reserve the right to refuse to deliver Products for any reason. This reservation includes, but is not limited to, refusing service to individuals who are visibly intoxicated in the interest and safety or by policy on admission rights.
Once the transaction is completed between the Partner and the HipBar Wallet Holder, the rights on the Products solely lie with the HipBar Wallet holder.
Your use of the App and Services is subject to all applicable local, state and central laws and regulations. It is your responsibility to provide the mobile device, wireless service/data plan and software needed, in order to install and use the App and Services. You are solely responsible for any fee, cost or expense that you may incur, to download, install and/or use the App or Services on your mobile device or smartphone.
You understand and acknowledge that the App is an electronic platform for the purpose of acting as a facilitator and connecting consumers to chosen Partners to engage in the sale, service, and/or delivery of Products. All sales of Products are transacted between you and the Partner(s) and HipBar does not stock, hold or sell the Products . No joint venture, legal partnership, employment, or agency relationship exists between HipBar and any business or third party as a result of this License or use of the App or Services.
If you use the App through your smart phone or other mobile device, we will automatically collect your geo-location information. You may at any time opt-out of providing geo-location data through the settings on your device or the App, but if you do so, some features of our App and Service may be limited.
When you use the App through your smart phone or other mobile device, we automatically collect the device type and advertising identifier, a unique identifier generated within the device, and we may store this information.
Tracking information is automatically collected and stored as you navigate through the App, including but not limited to, page views, referring/exit pages, information about how you interact with the App’s pages and third party links, and traffic and usage trends on the App.
Ability to Accept the Terms and User Conduct
You affirm that you have attained the minimum age as per Applicable Law for placing a reservation in your respective State/Union Territory and you are fully competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
You also agree that:
- You are fully able and legally competent to agree to the Terms;
- You will not impair or harm the App or Services or attempt to gain unauthorized access to the App in any way;
- Your use of the App and/or Services is subject to all applicable local, state and central laws and regulations and you will not use the App for any illegal purposes;
- You explicitly accept and acknowledge that you are requesting us to send information on offers for beverages including alcoholic beverages and related experiences through the App;
- You will not use the App to place a reservation for the Products unless you and the Product recipient are eligible for Product consumption as per Applicable Laws and can provide a valid form of identification, which verifies your age, at the time of Redemption from the relevant Partner(s);
- You acknowledge that by Reserving your preferred Products you are not completing a Purchase of the same;
- You agree that any redemption shall be as per the house rules/ rules governing the relevant Partners;
- HipBar reserves the right to take legal action against you for any attempt by you to misconstrue your age, either directly or indirectly; or any attempt to use HipBar’s Services to provide Products to an individual who is under the legal age as prescribed under Applicable Laws.
- You will not access the App or Services, using the account information of someone other than you, without the express consent of the account holder;
- You will not use the App to engage in commercial activities, aside from those sanctioned by HipBar;
- You will not copy or distribute any Content from the App;
- You will not resell the use of the App or Services to a third party;
- Any Partner may decline your delivery request for any reason;
- You shall at all times be in compliance with the Applicable Laws in this regard from time to time; and
HipBar shall not be liable for any loss or damage arising from the User’s failure to comply with the Terms or Applicable Laws. The Terms will continue to apply until you or HipBar terminates them as follows: (a) You discontinue using the Services; or (b) HipBar may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason.
It is expressly stated that any and all content, information and catalog items displayed inside the HipBar app are neither subject matters of solicitation nor invitation to indulge in consumption of any intoxicants. The same are displayed by HipBar consequent to your instructions to be provided with such information.
At any point if you wish to opt out of receiving such information you may please write to [email protected] with instructions to terminate your wallet account and we will effect the refund of the outstanding wallet balance (if any) to your nominated bank account within 7 working days.
User Profile, OTP and PIN
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 account. You will provide your correct name and other details south for in the application which will appear on your Wallet account statement. If a dispute results from your failure to provide us with proper valid mobile number and correct email id; you agree to indemnify us for any costs stemming from such dispute.
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 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, including, without limitation, all actions by sub-users registered 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, as in additional layer of security, you shall set a four digit transaction PIN, which shall be used for Redemption of the Products from the various Partners. 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:
- 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
- ensure that you exit from your HipBar account at the end of each session. HipBar cannot and will 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. In the event of any dispute between two or more parties as to ownership of a particular HipBar account, you agree that HipBar will be the sole arbiter of such dispute, at its sole discretion and that HipBar’s decision (which may include termination or suspension of any account subject to dispute) will be final and binding on all parties.
- Trademarks All HipBar logos, titles, characters and graphics are service marks, trademarks and/or trade dress of HipBar and may not be used by you for any reason other than as expressly permitted by HipBar. All other trademarks, not owned by HipBar, that appear on the App or the Website are the property of their respective owners and you shall not obtain any ownership rights in such marks, logos or names by your use of the App.
- Proprietary Rights You acknowledge and agree that the App and the Website contain proprietary information and content that is intellectual property, which is protected by law and may not be used except as provided for by HipBar. You acknowledge that monetary compensation for the consequences of unauthorized commercial use or republication of content or information from the App may not be sufficient or appropriate and in that event, HipBar will be entitled to temporary and permanent injunctive relief to prohibit such use.
- Copyright Infringement Policy HipBar abides by and respects copyright law and expects the same from its Users. We reserve the right to terminate Users who are infringing or are alleged to be infringing on the rights of copyright holders, at our sole discretion, and without liability to you. In appropriate circumstances, HipBar will also terminate a User’s account if the user is determined to be a repeat infringer. If you believe that your Content has been used in such a way that violates or infringes on your copyrighted Content, you may notify us by contacting [email protected]
HipBar, at its sole discretion, may make promotional offers with different features and different rates to any of our Customers. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract.
Termination and Modifications
HipBar reserves the right to modify, suspend, or discontinue at any time, without notice, the App/Website and/or Services offered on or through the App or Website (or any part thereof), including but not limited to the App’s/Website’s features, look and feel, and functional elements and related services.
Furthermore, HipBar reserves the right to modify the Terms at any time. Modifications are effective upon your first access of the App/Website or use of Services after the “Last Updated” date at the beginning of these Terms. Your use of the App/Website and/or Services will be deemed as your acceptance of the modified Terms. If you choose not to accept the modified Terms, then you should uninstall the App and discontinue any use of the Services.
The Terms and/or the License are effective until either the date you uninstall the App or you fail to comply with any term of these Terms or the License or HipBar terminates this License, whichever is earliest. Upon termination, you will discontinue all use of the App and Services. Termination does not limit or waive any of HipBar’s rights or remedies at law or in equity.
- “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.
- “HipBar Wallet” means the pre-paid payment instrument issued by HipBar including Basic Account and Prime Account.
- “Charge(s)” or “Service Charge” shall mean the charges which HipBar may levy upon you in consideration for subscribing to the HipBar Wallet.
- “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.
- “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.
- “Enrollment Form” shall mean the HipBar Wallet Enrollment Form, as is required by HipBar from the Customer at the time of registration for availing and / or continuation of the HipBar Wallet.
- “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.
- “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.
- “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.
- “Password” means the secret password used to secure HipBar Wallet applications, without knowledge of which your HipBar Wallet will not be operable.
- “Transaction” 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.
- “Reserve”, “Reservation” or “Reserving” means the act of selecting a particular Product or group of Products or related experiences from the HipBar catalogue and loading the corresponding aggregated value into the HipBar Wallet.
- “Redemption” shall mean the customer collecting/ consuming the Reserved item from a licensed premises and using the HipBar Wallet for facilitating the payment to the Partner for the product or services delivered.
- “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
- “Person to Bank transfer” refers to a facility to transfer funds from a HipBar to any Bank Account.
- “RBI” means the Reserve Bank of India.
- “SLA” means the number of days within which a complaint by Customer has to be resolved.
- 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 anytime if there are discrepancies in information and/or documentation provided by you.
- 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.
- 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
- 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.
- 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.
- 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.
- HipBar Wallet are available only to resident Indians who have attained the age of 18 years and are competent to contract.
- 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.
- HipBar Wallet are not transferable.
- 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.
- 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.
- 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.
- You agree and acknowledge that any redemption shall only be as per the rules governing the Partners/ Merchant Establishments.
- 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
- 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.
- You Acknowledge that HipBar may at tis 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.
- 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.
- 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
- HipBar reserves the right to set off any balance in your Wallet in order to recover funds for Transactions processed as per your request.
- 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:
- 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;
- We reserve the right to discontinue Services/ reject applications for HipBar Wallet at anytime if there are discrepancies in information and/or documentation provided by you; and
- 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.
- 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.
- You must ensure the availability of sufficient funds before executing any Transaction from your HipBar Wallet.
- 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.
- 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.
- You shall intimate HipBar about change in your address, if any, in writing along with such proof of address as per the KYC documents.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
Customer Grievance Procedure
HipBar strongly believes in a sincere and transparent approach to its users. This policy document aims at minimizing instances of customer complaints, grievances and disappointments via channelized approach, review and redressal. The self-review will be of help in identifying shortcomings in the service. HipBar’s policy on customer grievance redressal follows the under noted principles.
- Our Customers/Users are to be treated fairly at all times.
- Complaints or concerns raised by Customers/Users are dealt with an open mind, with courtesy and in a timely manner.
- HipBar will take care of all complaints efficiently and fairly as they value each Customer/User.
We understand that the customer grievances can happen due to multiple reasons. In order to make HipBar redressal channels more meaningful and effective, a structured system has been put in place. This system will ensure that the complaints are redressed seamlessly and well within the stipulated timeframe.
- Scope As per the provisions of RBI master circular on Policy Guidelines on Issuance and Operation of Pre-paid Payment Instruments in India dated July 01, 2016 read with clause 12.2 of the Issuance and Operation of Pre-paid Instruments in India, 2009, HipBar has set up the following dispute redressal mechanism for the Users. The scope of this document is to deal with all customer complaints.
- Responsibility The customer support team, legal and finance team is responsible to resolve and handle customer grievance/complaints
- Customer Grievance PolicyAs an e-Wallet provider, resolving customer grievances effectively and suitably is of utmost importance for HipBar. The objectives of this policy are as follows • Minimize instances of customer complaints through proper review mechanism and service delivery
• All queries, requests and complaints, raised by the customers are dealt with courtesy, accuracy and resolved in time.
• Prompt redressal of various types of customer complaints.
• Customers are to be treated fairly at all times.
• Complaints are treated efficiently and fairly and the interest of the Customer will be presented in good faith and without prejudice
• Customers are made aware of their rights to enable them opt for alternative remedies, in the event of them being not satisfied with the response or resolution to the complaint.
- ActivityOur Customers/Users can send in their queries, requests or complaints in the following ways:Online chat on the App: Customers/Users can go to settings -> Online chat and post their query/ request/complaintEmail: Customers/Users can write us at [email protected] and submit their query/ request/complaintThese mechanisms are dedicated to readdressing customer complaints, providing instant online resolution wherever possible, and capturing customer feedback.On receiving your feedback, our executives will contact you and ensure that all grievances are addressed as per the pre-defined Service Level Agreement communicated below.
|Complaint Description||SLA (Maximum time)|
|First Response to a user’s query||24 business hours|
|e-Wallet Issues||2 to 3 business days|
|Transaction Issues||2 to 3 business days|
|KYC Issues||2 to 3 business days|
|Settlement Issues||2 to 3 business days|
|Software Issues||2 to 4 business days|
- Acknowledgment of Grievances
- Grievances received through an email or from the App shall be acknowledged by an immediate system generated response or via individual emails.
- Any grievance received through any of the above channels will be routed to our dedicated customer complaint service desk who will immediately record the feedback/grievance.
- Each complaint is assigned and identified by a unique complaint reference number.
- The follow up action taken for such complaints are communicated to the Customers by e-mail.
- The Customer service representative will contact the customer if additional information is required for effective resolution.
- Customer/User is communicated within the SLA.
- If the complaint is not resolved in SLA or if the Customer/User is not satisfied with the resolution provided, they can refer to the escalation matrix mentioned below and escalate the issue to higher authority.
- Click here to learn more about our escalation matrix
For feiture Procedure
Forfeiture is applicable either partially or in full as the case may be under the following circumstances. The following matrix is an extract of the forfeiture and refund policy of HipBar under each of the special scenarios
S. No. Scenario Policy Remarks 1. Inadvertent duplication in loading of transactions on the wallet. Full refund of the duplicate amount Audit trails would be preserved of these refunds. 2. Non availability/ denial of service at the merchant Full refund of the transaction amount in favour of the customer as per RBI guidelines Refund will be given after completing detailed investigations into the referral and merchant would be kept on the watch list of HipBar. 3. Systemic failures at the point of sale resulting in non-fulfilment to the customer Full refund of the transaction amount in favour of the customer as per RBI guidelines As per customer grievance policy of HipBar. 4. High velocity refund requests from a specific customer Detailed investigation on the anti-money laundering system followed by action based on the outcome. Refund will be given after completing detailed investigations into the referral and customer would be kept on the watch list of HipBar. 5. Lapse of loaded amount on the wallet No refund in case of non- utilisation despite reminders. Forfeiture of the loaded amount with subsequent communication to the customer on execution of forfeiture by HipBar 6. Non-utilisation of special offers Partial or full forfeiture based on the terms and conditions of the offer communicated upfront Forfeiture of the special offer amount with subsequent communication to the customer on execution of forfeiture by HipBar 7. Voluntary closure of account by the customer Partial or full refund based on the customer’s feedback on the reason for attrition from HipBar. Customer service feedback form to be collected and audited by back-office team. 8. In-voluntary closure by HipBar. Misuse of the platform by the customer (potential suspicious transaction reports case). Financials to be handled on a case to case basis based on forensic investigation. 9. Fraudulent transactions Refund on a case to case basis based on forensic investigation HipBar would be tying up with an insurance company for wallet liability protection. 10. Demise Full refund based on background papers submitted as a claim Full audit trail to be preserved for all such cases.
Additional terms and conditions:
- When you acquire goods, software or any other services from a Merchant Establishment through any of HipBar’s services, you understand and agree that, HipBar is not a party to the contract between you and the Merchant Establishment. HipBar does not endorse any advertiser or Merchant linked to its App and/ or the Website. Furthermore, HipBar is under no obligation to monitor the Merchant Establishment’s service used by you; the Merchant Establishment alone will be responsible for all obligations under the contract including (without limitation) warranties or guarantees. Any dispute with or complaint against any Merchant Establishment must be directly resolved by the Customer with the Merchant Establishment. It is clarified that HipBar shall not be responsible or liable for any deficiency in goods and/or services reserved using HipBar Wallet. This exclusion of liability shall apply even for goods and/or services made available by HipBar under promotional schemes. You are instructed to satisfy yourself regarding the quality, quantity and fitness of any good and/or service before reserving the same.
- Any amount transferred erroneously by the Customer to any Merchant Establishment shall not be refunded to the Customer by HipBar in any circumstances.
- Any web-link on the HipBar App/ Website to a third party site is not an endorsement of that web-link. By using or browsing any such other web-link, you shall be subject to the terms and conditions in each such web-link.
- In the event of any dispute, HipBar records shall be binding as the conclusive evidence of the Transactions carried out through use of HipBar Wallet.
- HipBar shall send all customer communications by SMS and/or email and the SMS shall be deemed to have been received by you after they have been submitted for delivery to the mobile phone operator.
- You agree to receive all commercial message including transactional messages from HipBar.
Amendment of Terms
- HipBar reserves the right to amend, modify, change, add or terminate (collectively “Changes”) the Terms, the App, the Website or the platform/network at any time in its sole discretion. Your continue use of the App or Website or the platform/network shall be deemed your acceptance of any such Changes. You should make sure you view the Terms periodically to make sure you are familiar with the most recent version of them.
- HipBar may modify, terminate and/or suspend the HipBar Wallet to the Customer anytime with or without prior notice, due to any changes in internal policies, rules, regulations and laws set by relevant authorities/regulators.
- Any amendment of these terms & conditions proposed by you shall not be effective unless it shall be reduced to writing through amendment form and accepted by HipBar. Amendments made under this clause shall be deemed to be a part of these terms & conditions and in case of any contradiction the amendment form shall prevail. The terms and conditions herein shall be subject to the notifications/ guidelines issued by RBI, from time to time.
Compliance with Law
The HipBar Wallet is governed by 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 from time to time) and is also subject to directions / instructions issued by the RBI from time to time in respect of redemption, repayment, usage etc. HipBar will not be responsible or liable for any violation by you of Applicable Laws, regulation, or guideline. You hereby declare that your name does not, at any time, appear in the consolidated list of terrorist Individuals/ organizations as circulated by the RBI from time to time.
Privacy of communication is subject to the terms of the certificate of authorization granted by the RBI and RBI notifications/directives etc. You specifically agree that in order to facilitate the provision of HipBar Wallet, HipBar may be required to disclose any information or particulars pertaining to you to any authority, statutory or otherwise.
HipBar shall have the right to assign/transfer these presents to any third party including its holding company, subsidiaries, affiliates, associates group companies.
Consent to Electronic Communications and Transactions
By registering to use the App and/ or the Website, you consent to conduct Transactions and receive communications, notices and information from us electronically, whether sent by e-mail or other electronic means. Electronic communications shall be deemed to have been received by you when We send the electronic communication to the email address/mobile number that as per our records, or when We post the electronic communication on the HipBar Website. The requirements for such electronic transactions and communications following: you must have access to the Internet, mobile web, applications and a valid e-mail address. You can withdraw your consent at any time by contacting us, but We reserve the right to terminate your account upon such withdrawal. Withdrawal of your consent will not affect the legal validity and enforceability of any notice, statement or disclosure previously received electronically. You agree to notify us promptly if your email address or other contact information changes by updating your account information or contacting us.
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.
Disclaimers and Limitations of Liability
This section intends to limit the liability of HipBar, its subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “HipBar Entities”). The limitations of this subsection shall apply whether or not HipBar or affiliated entities have been informed of the possibility of any such damage.
YOU AGREE THAT YOUR USE OF THE SERVICES, THE APP, THE WEBSITE AND/ OR THE HIPBAR WALLET OFFERED BY HIPBAR SHALL BE AT YOUR SOLE RISK. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, HIPBAR ENTITIES SHALL NOT HAVE ANY LIABILITY TO USERS OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF REVENUE OR PROFITS, LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM
(i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES;
(ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES;
(iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR
(iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, EVEN IF ANY OF SAID PARTIES HAD BEEN ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION (WHETHER LIABILITY ARISES DUE TO NEGLIGENCE OR OTHER TORT, BREACH OF CONTRACT, VIOLATION OF STATUTE, MISREPRESENTATION OR FOR ANY OTHER REASON), WILL AT ALL TIMES BE LIMITED TO INR ONE HUNDRED (INR 100).
You agree to defend, indemnify and hold harmless the HipBar Entities, on demand, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your breach of any representations and warranties, (ii) your use of and access to the Services; (iii) your violation of any term of these Terms; (iv) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (v) any claim that your use of the Services caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Services.
The parties are independent contractors and nothing in these Terms shall be deemed to create an agency or employment relationship, a franchisor-franchisee relationship, joint venture or partnership. These Terms constitute the entire agreement between you and us regarding its subject matter and supersede all prior and contemporaneous undertakings and agreements between the parties, whether written or oral, with respect to that subject matter. Should any provision of these Terms be deemed unenforceable or invalid, the other provisions of these Terms shall remain in full force and effect. You cannot assign the Terms or delegate your obligations under these Terms without the express written consent of HipBar. The prevailing party in any action relating to these Terms shall be entitled to recover its reasonable legal fees, costs and disbursements incurred in connection therewith from the non- prevailing party.
HipBar’s failure to enforce any right or provision of the Terms shall not be deemed a waiver of such right or provision.
In the event that any provision of Terms are held to be void, invalid, unlawful or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
Headings and Construction
The section titles in the Terms are for your convenience only and carry no contractual or legal effect whatsoever. The language in these Terms shall be interpreted in accordance with its fair meaning and shall not be strictly interpreted for or against either party.
Governing Law and Dispute Resolution
Any dispute, difference relating to interests, controversy or claims arising out of or relating to these Terms, the App and/ or the Website or the breach, termination or invalidity thereof, shall be settled by the parties amicably in the first instance. The attempt to bring about an amicable settlement shall be treated as having failed as soon as one of the parties hereto, after reasonable attempts, which shall continue for not less than 15 (Fifteen) days, gives a notice to this effect, to the other party in writing.
All disputes arising from or related to these Terms shall be finally, exclusively and conclusively settled by Arbitration in accordance with the rules of arbitration under the provisions of Arbitration and Conciliation Act, 1996 by appointing a sole arbitrator. The Arbitration shall be conducted in English Language and venue for such arbitration shall be Chennai, India. The award of arbitral tribunal shall be final and binding on the parties to the dispute. The cost of the arbitration shall be borne by the respective parties.
These Terms shall be governed by and construed in accordance with the laws of India and the courts of Chennai shall have exclusive jurisdiction.