We may collect and/or gain access to and/or record certain information including personal information from or of User in a variety of ways, including, but not limited to, when User access and uses the Services and in connection with other activities, services, features or resources we make available on the Services. These information may relate to and include but not limited to your name, email address, address, phone number, your unique device ID, hardware type, international mobile equipment identity (“IMEI”), the version of your operating system (“OS”), your device name, your email address (if you have connected to Facebook or Google+), and your location (based on your Internet Protocol (“IP”) address), contact list (on your mobile phone), applications installed by User through our mobile application, applications uninstalled by User, all other applications installed by User on his/her device, foreground running apps/process (RUN event; We update server about the app downloaded/installed by our mobile application), read SMS, network information, User behavior analysis, demographic information (such as preferences and interests etc), Credit/Debit Card information of User for Internet banking (We do not store credit/debit card information on our servers) [hereinafter referred to as “Personal Information”]. Users can always refuse to supply Personal Information; however, it may prevent them from fetching in certain Services related activities.
We may use your Personal Information for the activities of:
We may collect non-personal information about Users whenever they use and relate with the Services. Non-personal information may include the browser name, the type of computer, and technical information about means used by the User to connect to our Services, such as the information about the operating system and the internet service providers operated and other related information.
This information is combined and used to help us provide more useful information to the User and to know which part of the Services, its products, and services are of most interest. If we do combine non-personal information with Personal Information, the combined information will be treated as Personal Information for as long as it remains combined
Distribution of information with Authorities We may share Personal Information as well as non-personal information of the User with the courts, police authorities, or any other government/regulatory/statutory authority, in case these are required by them in relation to any actions pending before them.
Information & Data Security
We are committed to ensuring that the User’s Personal Information is secure. We implement appropriate data collection, storage, and processing practices and security measures to protect against illegal access, alteration, expose, or damage of the User's Personal Information, username, password, transaction information, and data stored in our Services.
When a User uses services and products offered by us through the Services, the Personal Information shared by the User is visible to the other users and can be read, collected, or used by them. The User is responsible for the Personal Information User chooses to submit in these examples. For instance, if the User lists his/her name and email address in a blog/forum posting, that information is public. Users are requested to take care when using these features.
A cookie is a small file that asks permission to be positioned on the User’s desktop/laptop/mobile device's memory drive. Once the User agrees, the file is added and the cookie helps analyze web traffic. Cookies allow Services to respond to the User as an individual. The Services can alter its operations to the User’s needs, likes, and dislikes by gathering and memorizing information about the User’s likings.
Cookies help us better understand User’s activities, and tell us which parts of the Services Users have visited, and facilitates and measure the effectiveness of products and services offered by us. We treat information collected by cookies and other technologies as non-personal information. However, to the extent that internet protocol (IP) addresses or similar identifiers are considered Personal Information by local law, we also treat these identifiers as Personal Information.
We use traffic log cookies to identify which pages are being used. This helps us analyze data about web page traffic and improve our Services in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help us provide Users with a better experience of the Services, by enabling us to monitor which pages Users find useful and which the Users do not. A cookie in no way gives us access to the User’s desktop/laptop/mobile device or any information about the User, other than the data a User chooses to share with us.
A User can choose to accept or decline cookies. Most web browsers automatically accept cookies, but a User can usually modify its browser setting to decline cookies if the user prefers. This may prevent the User from taking full advantage of the Services.
Personal Information Retention We will retain User’s Personal Information for the period necessary to fulfill the purposes outlined in this Policy unless a longer retention period is require or allowed by the law.
Sharing Personal Information
We may use third-party service providers to help us operate our business and Services or manage activities on our behalf, such as sending out newsletters or surveys. We may share the User’s Personal Information with these third parties for those restricted purposes.
Managing Third party websites Users may find advertising or other content on the Services that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors, and other third parties. We do not regulate the content or links that appear on these sites and services and are not liable for the practices employed by those websites and services linked to or from our Services. In addition, these sites and services, including their content and links, may be frequently changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interface on any other website, including websites and services, which have a link to the Services, is subject to that website and services’ terms and policies.
Terms and Conditions for Sender
These terms and conditions shall administer the accessing and availing by You the Services as detailed below when You as an end user approach us or our retailers for the same. By retrieving and using the Services, you as the End User agree to be guaranteed by these terms and conditions of use, including any additional guidelines and/or future modifications to these terms and conditions ("Terms"). You agree and acknowledge that the access and use of the Services by You is voluntary and of Your own accord, and that the Terms shall be binding on you, for access and use of the Services, in India ("Territory").
User acceptance of these terms By using the Services, User signifies his/her acceptance of this Policy. If the User does not agree to this Policy, please do not use the Services. User continued use of the Services following the posting of changes to this Policy will be deemed User acceptance of those changes.
Terms and Conditions for Sender
Services herein shall mean the payment services availed by You as an end user ("You/End User") through Sama Artha Money (Wallet) which is a semi-closed prepaid instrument, operated under the approval granted by RBI under Payment and Settlement System Act 2007, and shall be linked to Your registered mobile number after Your registration on Wallet. The payment services shall include money transfer services. For availing the Services, You will be required to register Yourself upon providing certain information. Upon authentication and successful registration, Your user account ("User Account") will get created in the form of a mobile wallet through which You will be able to gain the Services.
Any personal information
4. PROPRIETARY RIGHTS AND LICENCE
4.1. All trademarks, copyright, database rights and other intellectual property rights of any nature in the Website and Services, any name, mark or logo related to Sama Artha and/or the Services are owned either directly by Sama Artha or Sama Artha’s licensors. You should not adapt or use or else any name, mark or logo that is alike, or puzzlingly similar to any of these marks and logos. You agree and acknowledge that the access and use of the Services and Website shall not be took to consult on You any rights of any nature including rights in any form of intellectual property controlled in the Services and/or Website or related to Sama Artha. If in the course of accessing and using the Services and Website, You even unintentionally infringe the rights including rights in any form of intellectual property of Sama Artha or Sama Artha’s licensors in the Services, You shall immediately cease and desist any such use. 4.2. You agree and confirm that You shall not at any time reveal or make public any and all proprietary and/or confidential information relating to Sama Artha, its business, the Services, that You may gain access to during the course of accessing and using the Services. Except as specifically authorized by Sama Artha, You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the content included in the Website or Services, in whole or in part.
5. CONDITIONS OF USE 5.1
The Website and the Services are not available to persons under the age of 18 or to anyone previously deferred or removed from the Services by Sama Artha. By accepting these Terms and/or by using the Website/Services, You signify that You are at least of the age of 18 years.5.2
The Website and the Services here under are presently made available to You for Your personal and non-commercial use. Sama Artha reserves the right to modify or remove the Website and the Services, provided to You in accordance with these Terms, at any time and for any reason.5.3
You acknowledge that the terms of agreement with Your respective telecom or internet service provider will continue to apply when using the Services. As a result, You may be charged by the respective telecom or internet service provider for access to network connection services for the period of the connection while accessing the Website and the Services or any such third party charges as may arise. You accept responsibility for any such charges that arise, and shall not claim the same from Sama Artha or dispute the same.5.4
If you are not the bill payer for the internet services provided by the telecom operator/internet service provider being used to access the Services, You will be assumed to have received authorization from the bill payer for using the Services.5.5
You are exclusively responsible for your use of the Services. Sama Artha does not create, monitor, examine or check the content delivered to You through the Services, if any. Such content may include links to third-party websites and content. The linked content is not under Sama Artha’s control and Sama Artha is not responsible whatsoever for the content of any such linked content. The content does not represent or reflect any advice, views, opinions or beliefs of Sama Artha. Further, you are advised to lodge a complaint (on www.sama-artha.com) regarding any un-authorized transaction from your PPI wallet.5.6
You must only use the Services and anything available via the Services for lawful purposes (complying with all Applicable Laws), in an accountable manner, and not in a way that might damage Sama Artha’s name or reputation or that of any of Sama Artha’s associates or service providers. You agree and acknowledge that the use of the information delivered to You through the Services is Your sole responsibility and that Sama Artha shall not at any time be held responsible for any illegitimate usage of the information secured through the Services, by You.5.7
You will not, nor allow third parties on Your behalf to (i) make and dispense copies of the Website (ii) attempt to copy, replicate, alter, modify, reverse engineer, disassemble, decompile, transfer, altercation or translate the Website; or (iii) create derivative works of the Website of any kind whatsoever.5.8
You shall not host, display, upload, modify, circulate, transmit, update or share any information that:
(a)belongs to another person and to which You do not have any right to;
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, 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; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
(c) harm minors in any way;
(d) trespasses any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;
(e) violates any law for the time being in force;
(f) cheats or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(g) impersonate another person;
(h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancellous, Easter eggs or other computer programming routines that may damage, harmfully interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
(i) impends the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable crime or prevents investigation of any crime or is insulting any other nation.
(j) shall not be false, imprecise or ambiguous;
You come to an agreement and acknowledge the following:
o 6.1 You are uniquely responsible for entering the correct information (name, phone number, email address, home address, Date of Birth, Gender etc.);
o 6.2 Sama Artha is not responsible for defective internet connection or electricity failure or any other problem on Your side while availing the Services;
o 6.3 Sama Artha shall not in any way be answerable for any delay, trouble or defects in the online payment facility provided by any financial institution/bank/payment gateway service provider. You acknowledge that You assume all the risks associateded in using the online payment facility provided by the financial institution/bank/payment gateway service providers and Sama Artha shall not be in any way liable for any damage, loss, expense, liability or damage caused (directly or indirectly) by a defect in said online payment facility.
o 6.4 PPI account cash loading limit will be Rs.50000 per month.
o 6.5 Your PPI Account is reloadable in nature and amount due shall not exceed Rs 1 lac (1,00,000/-) at any point of time.
o 6.6 Sama Artha provides you the necessary alternative to set your own limit of fund transfer.
o 6.7 Fund transfer limit for recipient shall not exceed Rs 1 lac per month per beneficiary.
o (a) Your User Account shall be valid for a period of five years from the date of creation of the User Account, or from the date of last transaction made by You while availing the Services through the User Account, whichever is later. After the expiry of said validity period, Your User Account shall get expired and You will be intimated accordingly. In case you approach the Company for refund of such due amount at any time after the date of expiry of PPI, then such amount shall be paid to you in your bank account post verification by company. You can contact our customer care for the same at support@Sama-artha.com. However, Sama Artha reserves the right to pay for the outstanding balances lying in Your User Account at the expiry of three years from the day on expiry of your account. However, before expiry of validity period, You shall be warned at reasonable breaks during the 45 days period prior to the expiry of said PPI account, by SMS or e-mail. After expiry of each validity period, the rules governing the extension of validity period and forfeiture shall be the same as mentioned above.
o (b) Your PPI wallet will be made inactive, in case there is no transaction from a consecutive period of 12 months and the same shall be re-activated only after due diligence.
o 6.8 You can approach to Sama Artha to close your account and withdraw the amount lying in your user account. You need to raise a request to Sama Artha to transfer the amount in your bank account. Sama Artha shall verify the authenticity of the customer and amount shall be paid directly in the bank account. Post withdrawal of amount Sama Artha shall close the account.
o 6.9 Your communication or related activities with third parties, including payment transactions under the Services are solely between You and that third party. You agree that SAMA ARTHA will not be responsible or liable for any loss or damage of any sort incurred as the result of any of Your transactions with third parties.
o 6.10 Fee-based Services require You to pay a charge or fee, as described in the specific conditions included where those Services are offered: o (a) You agree to pay all fees and charges which are specified for availing any fee based Services. Unless otherwise noted, all currency references are in Indian Rupees.
o (b) SAMA ARTHA may, upon notice if required by applicable laws, at any time change the amount of, or the basis for determining, any fee or charge, or institute new fees or charges.
o (c) All taxes, levies, chesses or statutory claim for the charge or fee paid to SAMA ARTHA shall be borne and paid by you, whether past, present or future, including penalties or claims of any nature whatsoever.
o (d) The cost of connectivity including but not limited to voice calls, GPRS activation charges, internet charges and charges for sending/receiving SMS from designated numbers will be borne by You as per the charges specified by Your respective service providers.
o 6.11 Refund of amount loaded/reloaded in User Account, as the case may be, will be done in accordance with regulatory framework prevailing and as amended from time to time.
o 6.12 SAMA ARTHA shall not be liable/ responsible for any defect in the product/merchandise/goods/services purchased/availed from third parties through Wallet.
o 6.13 SAMA ARTHA is not responsible in any manner whatsoever for non-provisioning of the Services due to GPRS/EDGE/3G failure/internet connectivity failure/download error.
o 6.14 You understand and agree that password and other information with respect to your User Account are confidential information.
o 6.15 You agree to immediately change the password on receipt and to continue changing the password periodically (recommended every 15 days).
o 6.16 You agree that SAMA ARTHA shall not be responsible if you share your password and other confidential information about Your User Account with any person or fail to abide by the advice given in these Terms about changing password periodically.
o 6.17 You understand and agree that Your User Account is linked to your registered mobile number.
o 6.18 SAMA ARTHA will not be held liable for unauthorized use of User Account on account of loss/theft/misplacement of Mobile number and/or SIM, unless You have informed SAMA ARTHA customer care about such loss/theft/misplacement and have blocked User Account temporarily till You reactivate the same using a new SIM with same mobile number. It must be noted that You shall continue to be held liable for any unauthorized use of your User Account till You inform SAMA ARTHA customer care about such loss/theft/misplacement and Your request for blocking your User Account is executed.
o 6.19 You agree and acknowledge that SAMA ARTHA shall not be responsible for any use/misuse of User Account in any manner whatsoever.
o 6.20 SAMA ARTHA may amend the procedure and process of creation and operation of User Account in compliance with any laws or direction/order of any government/ statutory/regulatory authority and/or court, with or without intimation to the User.
o 6.21 As of now Sama Artha is providing Services in the Territory only, therefore only individuals of 18 years or older and residing in India may enroll for the Services. Sama Artha reserves the right to prevent access to the Website and the Services there under from mobile number or IP addresses outside of India.
o 6.22 You agree and undertake that You shall not use or create fake ID or provide any fake/false profile information for availing the Services through the Website. o 6.23 You agree to promptly notify Sama Artha of any change in Your mobile number or email address or any other details in Your personal profile by sending an e-mail to support@Sama- artha.com
o 6.24 Sama Artha will not be liable to pay any compensation if any error occurs due to any technical or manual fault at the end of the web server holder. o 6.25 You are solely responsible for Your device and the internet services that connect Your said device to the Website.
o 6.26 You agree and confirm that You shall not be entitled to opt out of receiving transactional messages pertaining to the Services.
o 6.27 You agree and confirm to provide SAMA ARTHA any and every detail SAMA ARTHA requires to obtain from You, including such other personal or proprietary information relating to any of Your acts or omissions or violations of other persons who may be a party with You, on suspicion or otherwise in relation to the use of Website.
o 6.28 Sama Artha has defined PPI transaction charges as minimum Rs. 10, Maximum upto 0.70% or Rs. 175 (per Rs 25,000 transaction) whichever is lower. If any of its authorized agent is collecting more than that, or write at customercare@Sama-artha.com or write to our grievance officer.
You agree and acknowledge that Sama Artha may collect IP address and Website usage information from You. Sama Artha may use the above information, and so on.
Sama Artha reserves the right to modify or discontinue the Service with or without notice to You. Sama Artha shall not be liable to You or any third party should Sama Artha exercise its right to modify or discontinue the Service. You acknowledge and accepts that Sama Artha does not guarantee continuous, uninterrupted or secure access to Website and operation of our Website may be affected with or adversely affected by frequent factors or conditions outside the control of Sama Artha.
o to maintain, operate, provide and enhance our Website and Services; and o to comply with legal requirements or process, or where necessary to prevent or investigate fraud, to protect the safety of an individual. Sama Artha may share Your personally recognizable information with suppliers, subcontractors, vendors and other businesses that we employ to perform functions on our behalf. For example, Sama Artha may employ third parties to send email campaigns or provide marketing assistance, or provide customer service. These entities have access to Your information only for the purposes of performing the functions for which we have engaged them. If such entities have access to Your personally recognizable information, their agreements with us require them to keep Your information private.
o 9.1 Sama Artha will use reasonable efforts to make the Services available at all times. However You acknowledge the Services are provided over networks of internet service providers and dependent on them, so the quality and availability of the Services may be affected by factors outside of Sama Artha’s judicious control. In the event the Services are unavailable to You for any factors not attributable to Sama Artha and due to any reasons attributable to any third party service provider, Sama Artha shall not be responsible for the same in any event whatsoever.
o 9.2 You hereby agree and confirm that Sama Artha shall not be held liable for any unavailability or non-functionality of the Website or Services due to war, industrial action, flood, or act of God. You further agree and confirm that Sama Artha shall not be responsible for any disturbance in the functionality of the Services and/or any unavailability in the Services, arising due to the internet service provider and/or any other third party, and/or any intermediary who may deliver the Services to You and that You shall not hold Sama Artha liable for any of the same.
o 11.1 In order to access and use the Services, You are required to have a mobile, computer or laptop or any friendly device with internet connectivity.
o 11.2 It is Your responsibility to ensure Your device meets all the necessary technical provisions to enable You to access and use the Services.
SAMA ARTHA, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS, PARENT COMPANIES, SISTER COMPANIES, SUBSIDIARIES AND OTHER AFFILIATES WILL NOT BE LIABLE, TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, FOR ANY DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE AND LOSS (INCLUDING LOSS OF PROFIT, LOSS OF DATA AND WORK STOPPAGE), COSTS, EXPENSES AND PAYMENTS, REGARDLESS OF THE ALLEGED LIABILITY OR FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, INCLUDING NEGLIGENCE, INTELLECTUAL PROPERTY INFRINGEMENT, PRODUCT LIABILITY AND STRICT LIABILITY, THAT MAY RESULT FROM, OR IN CONNECTION WITH THE USE OR THE INABILITY TO ACCESS AND USE THE WEBSITE OR THE SERVICES, OR FROM ANY FAILURE, ERROR, OR DOWNTIME IN THE FUNCTION OF THE SERVICES, OR FROM ANY FAULT OR ERROR MADE BY SAMA ARTHA'S STAFF, OR FROM YOUR RELIANCE ON CONTENT DELIVERED THROUGH THE SERVICES, OR FROM ANY COMMUNICATION WITH SAMA ARTHA OR FROM ANY DENIAL OR CANCELLATION OF REQUEST FOR INFORMATION THROUGH THE SERVICES, OR FROM RETENTION, DELETION, DISCLOSURE OR ANY OTHER USE OR LOSS OF CONTENT THROUGH THE SERVICES, REGARDLESS OF WHETHER SAMA ARTHA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Customer liability arising out of an unauthorized electronic payment transaction will be limited to:
|Particulars||Maximum liability of Customer (PPI holder) (₹)|
In case of contributory fraud/ negligence/ deficiency on the part of the Company (irrespective of whether or not the transaction is reported by the PPI holder).
Third party breach where the deficiency lies neither with the Company nor with the customer but lies elsewhere in the system, and the customer notifies the Company regarding the unauthorized payment transaction. The per transaction customer liability in such cases will depend on the number of days lapsed between the receipt of transaction communication by the customer from the Company and the reporting of unauthorised transaction by the customer to the Company -
i. Within three days*
ii. Within four to seven days*
Transaction value or Rs. 10,000 per transaction, whichever is lower.
iii. Beyond seven days*
In cases where the loss is due to negligence by a PPI Holder, such as where he has shared the payment/login credentials, the Customer will bear the entire loss until he/she reports the unauthorized transaction to the Company. Note: Any loss occurring after the reporting of the unauthorized transaction shall be borne by the Company.
Actual Transaction value