Terms & Conditions

The website – ‘http://www.Fabmoney.in/’ and mobile application ‘Fab Money’ and all other associated/ancillary applications, products, websites and services (“Website/Platform”) are property of and managed by Fab Money Technologies Private Limited, a company incorporated under the Companies Act, 2013 having registered office address at HD-019, 4th floor, WeWork Spectrum Tower, New Link Road, Mumbai – 400064 (hereinafter referred to as “Company/Fab” which expression shall, unless it be repugnant to the context thereof, be deemed to include permitted successors and assigns).

Please read the terms and conditions carefully before registering, accessing or using the Fab Services (defined below) offered through the Website, App (defined below) or through applications (defined below). These terms and conditions are a legal contract (“Terms of Use“) between You and Fab. You agree and acknowledge that you have read the terms and conditions set forth below. If you do not agree to these Terms of Use or do not wish to be bound by these Terms of Use, you may not use the Fab Services and/or immediately terminate the Services and/or uninstall the App.

Definitions
1. “Fab”, “we”, “us”, “Our” means Fab and Fab Money Technologies Group Entities;
2. “User”, “you”, “yours”, “yourself” means any prospective User or anyone who uses or accesses the App/Website/ Services / Platform including but not limited to customers and Commercial Partners, on any computer, mobile phone, tablet, console or other device (collectively, “Device”);
3. “Commercial Partner” means any individual or entity with whom Fab has entered in contract with certain business relationship;
4. “App” means mobile application(s), hosted by Fab for providing different services to the Users, and Commercial Partners;
5. “Platform” means any platform owned/subscribed/used by Fab including but not limited to the Website, the App, other mobile applications, devices, URLs/links, notifications, chatbots, Fab’s social media channels or any other communication medium or mechanism used by Fab to provide services to the Users;
6. “Website” means ‘http://www.Fabmoney.in/’ registered by Fab;
7. “User Account” means the account created by User at the App and where the Fab Services are taken as per the Terms and Conditions set forth;
8. “Termination/Deletion” means the permanent deletion of User Account by the User;
9. “Source Account” means the originally used payment instrument (Bank Account/Prepaid Card or Debit card, UPI ID etc) for the payment;
10. “Bank/Customer Bank/Issuing Bank as per Banking Regulation Act 1949 under section 5 (B) definition of bank is: “A financial institution which can accept deposit of money from the public, lend to the public and repayable to the public on demand and withdrawal by cheque, draft, order”;
11. “Fab Services/Services” means and include all services offered / to be offered by Fab, either directly or through its Commercial Partners including but not limited to prepaid cards, other financial services and reward programs;
12. “Fab Money Prepaid Card” shall mean the Company’s co-branded card issued by and in association with its Commercial Partners;
13. “Terms of use” / “Terms and Conditions” are interchangeably used and mean these Terms of Service;

By accessing or using any version of the Website/Platform, you signify that you have read, understood and agreed to be bound by these Terms and Conditions of use and access (“T&C”), the Privacy Policy of the Company and any other applicable law.

Scope of Services

The Company offers financial services such as prepaid cards, more specifically defined as Fab Services.

Terms and Conditions subject to change

We reserve the right to update or modify these T&C at any time without prior notice. Your access of the Website and use of the Services following any such change constitutes your agreement to follow and be bound by these T&C, as updated or modified. For this reason, we encourage you to review these T&C each time you access and use the Services.

Registration on Fab Money Platform
1. The Company provides for free online registration to its Users, the User may make an account onto the Platform by inserting their valid personal information as may be required by the Company. The Company, during activation of User Accounts or while undertaking any transactions or for any other reason, may require customer details or approvals for the purposes of verification of any User’s identity
2. For the purposes of verification of any User’s identity, the Company may rely on appropriate and licensed third-party service providers (such as Credit Bureaus) to authenticate the Identification Documents and other incidental details provided by the User. If the Company finds any User information obtained in accordance with the procedure described under this Clause to be inadequate or insufficient, the Company may in its discretion either refuse or terminate (as the case may be) the registration of such User Account. The Company will only collect, store, use, and share your personal information (including email address) as it is defined by our Privacy Policy and as regulated by Indian laws
3. The User Account can be created by providing/ using the following: (a) your cell phone number with password; or (b) email address with password; or (c) google or facebook social logins; or (d) such other login credentials that are adopted by the industry for setting up an Account with the Platform. Upon entering the required details, you may either receive a One Time Password (OTP) for the purpose of verification or your account or your account may be verified by using the google or facebook social logins or such other auto verification process adopted by the industry, and upon completion of verification, the Account is created and is ready for use. You shall not transfer or share your Account information with anyone or create more than one Account.

Username and Password
1. Once registered, in order to log into the User Account on the Platform, you will be required to provide the following: (a) your cell phone number with password; or (b) email address with password; or (c) google or facebook social logins; or (d) such other login credentials that are adopted by the industry for logging into the Account with the Platform used at the time of signing-up (“Login Credentials”). Upon being successfully registered on the Platform you will be provided access to the digital services and offerings of the Company.
2. You shall be solely responsible for maintaining confidentiality of the Login Credentials, and to the extent allowed by law, you hereby accept responsibility for all activities on the Account authenticated through the Login Credentials, whether authorized or not. You agree to keep Login Credentials confidential and secure, and you shall not give or make Login Credentials available, directly or indirectly, to any unauthorized individual. You acknowledge and agree that if you allow, whether through action or inaction, a person to gain access to the Login Credentials, with or without permission, you are authorizing that person to use the Platform through the Account, and you shall be responsible for all actions that result from such access, even if you did not want the actions performed, and even if they are unauthorized or fraudulent. Company shall not be held liable in any manner whatsoever for lack of any such authorization whilst creating the Account.
3. Company cannot and will not be liable for any loss or damage arising from or arising out of your use of the Platform, theft of the Login Credentials, use of the Login Credentials or release of the Login Credentials to a third party or your authorization to allow another person to access and use the Platform using the Account.
4. In case of any misappropriation or unauthorised access of the Account, you agree to communicate the same to Company immediately. You shall further ensure that you exit/ logout from the Account at the end of each session. Company shall not be liable for any loss or damage arising from your failure to comply with this provision. You may be held liable for losses incurred by Company or any user or visitor of the Platform due to authorised or unauthorised use of the Account, as a result of your failure in keeping the Login Credentials confidential.
5. You agree that the information provided by you to Company, at all times (including during registration), will be true, accurate, up-to-date, and complete. You further agree that if you provide any information that is untrue, inaccurate, not up-to-date or incomplete or becomes untrue, inaccurate or incomplete or if Company has reasonable grounds to suspect that such information is untrue, inaccurate, not up-to-date, incomplete or not in accordance with these Terms, Company shall have the right to indefinitely suspend or terminate or block access to the Account on the Platform and refuse to provide you access to the Platform. You are advised to use due caution when providing any information to Company accordingly.
6. You hereby by way of accepting these Terms, consent to the receipt of communication from Company by way of Short Message Service (SMS) messages, e-mails, promotional, marketing calls and newsletters. These messages, emails or calls could relate to your registration, transactions that you carry out through the Platform and promotions that are undertaken by Company.

Links to Third Party Websites

The Platform may contain links and interactive functionality interacting with the websites of third parties including certain Regulated Entities as provided under RBI’s outsourcing guidelines. Company is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such websites. Before enabling any sharing functions to communicate with any such website or otherwise visiting any such website, Company strongly recommends that you review and understand the terms and conditions, privacy policies, settings, and information-sharing functions of each such third-party website.

Eligibility
1. You represent and warrant that you are competent and eligible to enter into a legally binding agreement and be bound by these T&C. You shall not access and use the Services if you are not competent to contract under the applicable laws, rules and regulations;
2. If you are accessing the Website/Platform and the Services are being used for the benefit of a minor, you expressly confirm that you are legally competent to provide consent on behalf of such a minor and that the minor’s use of the Website and/or the Services shall be subject to the T&C;
3. If you represent a company, partnership firm or sole proprietorship, you shall be eligible to access the Services and avail of the features and facilities on its behalf only if you have been duly authorized by way of necessary corporate action, as may be prescribed statutorily and/or under the charter documents of such entity and further, if you have fulfilled such additional eligibility requirements as the Company may require in connection therewith.
4. A User is responsible to verify that the use of this Website/Platform is for lawful purposes only. Therefore, any User who accesses the Website/Platform from within India or outside shall access the Website/Platform entirely at their own risk and shall remain responsible for compliance with the laws of their jurisdiction. In addition to the provisions relating to the absence of liability of Website/Platform, the indemnity from the Website/Platform User on the use of the Website/Platform for lawful purposes and in compliance with the laws of his/her jurisdiction within or outside India shall survive the expiration or termination of these T&C for any reason whatsoever in favour of the Website/Platform owners and its licensors.
5. It is clarified that the Company makes no claim that the Services on the Website/Platform, are appropriate, accurate, reliable, or updated, suitable or complete or may be downloaded in a particular jurisdiction and your use of the Platform shall be at all times be solely at your discretion and risk and the Company at all times shall remain indemnified.
6. You agree, undertake and covenant that, during the use of the Platform, you shall not host, display, upload, modify, publish, transmit, store, update or share any information that:

belongs to another person or entity and to which you do not have any right.
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another person’s privacy, insulting or harassing on the basis of gender, hateful or racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent or contrary to the laws in force in any manner whatsoever.
is harmful to children.
is misleading in any way.
involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”.
infringes upon or violates any third party’s rights including, but not limited to, any patent, trademark, copyright or other proprietary rights or intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number).
Impersonates another person or provides instructional information about illegal activities such as violating someone’s privacy, or providing or creating computer viruses.
tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, or other areas of the Platform or solicits passwords or personally identifying information for commercial or unlawful purposes from other users of the Platform.
engages in commercial activities without Company’s prior written consent such as engages in contests, sweepstakes, barter, advertising etc.
interferes with another user’s use of the Platform.
refers to any website or URL that, in Company sole discretion, contains material that is inappropriate for the Platform or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms.
deceives or misleads the addressee/ users about the origin of the messages or knowingly and intentionally communicates any information which is patently false or misleading or grossly offensive or menacing in nature but may reasonably be perceived as a fact.
contains software viruses or any other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, diminish value of, covertly intercept or steal any system, data or personal information.
threatens 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 cognisable offence or prevents investigation of any offence or is insulting other nation.
is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.
violates any law for the time being in force.
In no event and under no circumstances shall Company be held liable to you for any liabilities or damages resulting from or arising out of your use of the Platform. You shall not use anyone else’s account at any time.

Payment Facility on the Platform
1. The Platform facilitates payment via various modes including online payments through debit/credit cards and internet banking and such other modes as may be decided by the Company from time to time.
2. While availing any of the payment method/s available on the Platform, Company will not be responsible for or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:
3. Lack of authorization for any transaction(s), or
4. Exceeding the preset limit mutually agreed between you and bank/s, or
5. Any payment issues arising out of the transaction, or
6. Rejection of transaction for any other reason(s) whatsoever.
7. All payments made against the purchases on Platform by you shall be compulsorily in Indian National Rupees (INR). Company will not facilitate transactions with respect to any other form of currency for purchases made on the Platform.
8. You acknowledge that Company will not be liable for any damages, interests or claims, losses resulting from or suffered on account of not processing a transaction/ transaction amount or any delay in processing a transaction/ transaction amount which is beyond the control of Company.

Fab Gems Reward Points
1. By using the Platform or the Fab Money Prepaid card, You agree to participate in the Fab’s rewards program, where Users can earn ‘Fab Gems’ as an alternate in-app currency. Fab Gems can be earned through various activities, including but not limited to, transacting on the Fab Money app, using the Fab Money Prepaid card, and completing key milestones as specified within the Platform. There is no limit on the number of Fab Gems a User can earn, providing an opportunity for Users to accumulate Fab Gems without any restrictions. The Fab Gems earned through the rewards program hold no cash value and can only be redeemed for specified in-app benefits, as determined solely by the Company.
2. As a participant in the Fab Gems rewards program, Users have the option to redeem their accumulated Fab Gems by “burning/spemding Fab Gems,” which entails utilizing Fab Gems to avail Exclusive Offers on the Platform.

“Exclusive Offers” within the context of the Fab Gems rewards program refers to an exclusive deal that a User can avail of when making a payment for goods or services through the Fab Money Prepaid card.

Please note that each offer may have its own unique terms and conditions, and the availability of offers is subject to change without prior notice. Fab Money reserves the right to modify, add, or remove offers at its sole discretion. The redemption of Fab Gems for offers and the utilization of such offers are subject to the terms and conditions of both the Fab Gems rewards program and the specific offer itself. Users are encouraged to review the details and requirements of each offer before availing it.
Upon availing an Exclusive Offer on the Platform, the User becomes eligible to receive cashback as specified within the terms of the particular Exclusive Offer. The User earn certain cashback on offers provided by the Merchant (“Cashback”) when using Fab Money Prepaid Card with the Merchant either in store or on their website and mobile application (“Program”) as the case may be. The Cashback provides the User with a rebate against a portion of their total spend at a successful transaction. Please note that the Cashback amount may vary depending on the specific merchant, promotions, and offers available on the Platform from time to time.
Upon fulfilling the eligibility criteria for a Cashback, the rebate amount will be credited directly into the User’s Fab Money Prepaid card.
It is essential for Users to thoroughly review the terms and conditions of each offer to understand the specific details regarding cashback eligibility, redemption, and the duration for which the offer is valid. The availability of cashback offers is subject to change at the sole discretion of Company.
Please note that the Fab Gems received by the User is non-transferable. The Fab Gems can only be used within the Platform as specified within the Exclusive Offer terms and conditions.
In the event of any technical issues or discrepancies related to cashback crediting, users are encouraged to reach out to Fab Money’s customer support team for assistance and resolution. There might be cases where the crediting of cashbacks could occur on the following business day (T+1) or the second business day (T+2) due to technical glitches. It is clarified that the Company shall not be held liable for such delays.
Company reserves the right to investigate and take appropriate actions in case of any suspected misuse, fraudulent activities, or violations of the terms and conditions associated with cashback. Such actions may include the cancellation of cashbacks, suspension of the User’s account, or termination of participation in the rewards program.
Company does not guarantee the availability of any particular offer or the continued existence of the Fab Gems rewards program. The cashback received through the redemption of Fab Gems may take some time to reflect in the user’s account and will be subject to the successful completion of the transaction as per the terms of the offer. By choosing to redeem Fab Gems for offers, users acknowledge and agree that the cashback received through the offer can only be utilized as specified within the Platform.
Company reserves the right to investigate and take appropriate actions in case of any suspicious or fraudulent activities related to the redemption of Fab Gems or the availing of offers. Such actions may include, but are not limited to, the cancellation of Fab Gems, termination of the rewards program, or suspension of the user’s account.
Participants in the Fab’s rewards program are responsible for ensuring the accuracy and validity of their transactions when availing offers. Any discrepancies or issues regarding the redemption of Fab Gems or cashback received through offers should be reported to Fab Money’s customer support team for resolution.
For more information regarding the Fab Gems rewards program, the redemption of Fab Gems, and the available offers, users can refer to the dedicated section within the Platform.
The Company reserves the right to modify, suspend, or terminate the Fab Gems rewards program at its discretion without prior notice. The terms and conditions of the Fab Gems rewards program are subject to change, and it is the User’s responsibility to stay informed about any updates or modifications.
By participating in the Fab Gems rewards program, you agree to abide by this Terms and Conditions, as well as any additional rules and guidelines set forth by the Company from time to time. Failure to comply with the terms may result in the forfeiture of Fab Gems and the suspension of your participation in the rewards program. Please note that the Fab Gems rewards program is a voluntary feature, and users are not obligated to participate. If You do not wish to partake in the rewards program, you may continue using the Platform or the Fab Money Prepaid card without earning or utilizing Fab Gems.

- Refund and Chargeback
  1. You acknowledge that in case you receive a refund for any reason, Company may be required to clawback (i.e., collect back) the cashback/reward (including any Fab Gems rewarded) that you were awarded for that transaction because you acknowledge that the cashback is based on the assumption that you would keep the product or service for the full refund period. If you return the product or service, you are no longer entitled to the cashback/reward that the Company paid out. The amount of cashback/reward that will be clawed back will be equal to the amount of cashback/reward that you were awarded for the transaction. The clawback/reward will be processed back to the Company within 30 days of the refund being issued. You will be notified in writing (which may be communicated in any mode as per the discretion of the Company) if your cashback is being clawed back. If you have any questions about the clawback process, please contact us on support@Fabmoney.in.
  2. Fab disclaims any and all liability, including for awarding rewards, in the event of any error arising from a failure in the applicable Bank, card network or any other intermediary service provider’s systems or networks. The User is hereby giving her/his consent to Company to clawback the cashback/reward and to offset the same against any wrongful transaction. Such transaction or action will be informed to the User in a timely manner.

Surcharges:

Surcharges is an additional charge on the transaction amount. This is charged by the prepaid issuing partner for transactions on specific MCCs as listed below, this surcharge can be updated could be updated from time to time:

MCC	Merchant Category	Surcharge amount
9211	Courts costs, including alimony and child support	2.5% or Rs.10 whichever is higher + GST
9222	Fines	2.5% or Rs.10 whichever is higher + GST
9311	Tax Payers	2.5% or Rs.10 whichever is higher + GST
9399	Government Services, Intra Government Purchases, Government only	2.5% or Rs.10 whichever is higher +GST
9400	Government Services, Intra Government Purchases, Government only	2.5% or Rs.10 whichever is higher + GST
9401	Government Services, Intra Government Purchases, Government only	2.5% or Rs.10 whichever is higher + GST
9402	Government Services, Intra Government Purchases, Government only	2.5% or Rs.10 whichever is higher + GST
9403	Government Services, Intra Government Purchases, Government only	2.5% or Rs.10 whichever is higher + GST
9404	Government Services, Intra Government Purchases, Government only	2.5% or Rs.10 whichever is higher + GST
9405	Government Services, Intra Government Purchases, Government only	2.5% or Rs.10 whichever is higher + GST
5541	Service stations	1% + GST
5542	Automated Fuel Dispensers	1% + GST
5983	Fuel Dealers	1% + GST
4112	Passenger Railways	Rs.10/- + GST
4111	Local Railways	Rs.10/- + GST

Responsibilities of the Company:
1. The Company or its owners, managers, directors, employees, agents, partners, advertisers or affiliates will not be liable for any loss, damage, injury caused to the User arising out of use of its Services including any legal actions.
2. Any information on the Platform relating to listing, name, content, material of any professional or firm found on this Platform does not constitute any endorsement or recommendations of the Company. The Platform takes no responsibility of the authenticity and/or the accuracy of the information on the Platform provided by the third parties.
3. The Company will not be held responsible for any third party content. The User agrees that he will not use the Website/Platform for anything false, defamatory, inaccurate, abusive, harassing, obscene, sexually oriented or threatening message or material that is illegally invasive of another person’s privacy.
4. In case any Website/Platform User finds any content is objectionable or illegal, he may report to the Company by writing at the customer care helpline e-mail address/phone number provided on the Website/Platform. Objectionable /illegal content will be monitored and blocked from public access within 72 hours from reporting of the complaint. Such third party content is not edited or monitored by the Company and does not reflect approval of the Company, its owners, managers, directors, employees, agents, partners, advertisers or affiliates. It bears no responsibility for the posts or the information contained therein. If such information posted is infringing or objectionable, the Company is not liable and shall take appropriate legal action against concerned Platform User for posting such content.
5. In no event shall the Company be liable to the Platform User for any special, indirect, exemplary or consequential damages arising out your purchase or use of the Platform/Website or any third-party claims.

Terms of Usage of the Platform:
1. Any transaction entered into by Users of the Website/Platform shall be at the complete risk and consequence of the Users, the Company shall not be responsible for the same.
2. Being a Website/Platform User, you agree to abide by its terms and conditions and that you agree to use the Website/Platform on your own free will and it is not guided by any promotional emails, phone calls and advertisements from the Company and its affiliates and partners. The use of the Website/Platform is solely at your own risk.
3. The Company shall not be under an obligation to indemnify any Website/Platform User for any breach in the representation towards Services through the Website/Platform, and will not be liable to pay any damages, direct or indirect, or consequential damages for loss of revenue, loss of business, loss of data, system crash, faulty operation, malware attacks or slow transmission of the telephone line or web servers or email servers or hardware or software involved in the conduct of the Website/Platform technical disruptions, unavailability of Website/Platform or its online Services, delay, failure, interruption, alteration or damage of any data or other information transmitted or posted in connection with use of the Website/Platform.
4. That the Platform does not guarantee to be error-free or bug-free. We provide no warranty regarding the security, reliability, timeliness, or performance of the Website/Platform or its accuracy, suitability or completeness or timeliness, accuracy of profile pages or any information contained therein, Services (including software, text, graphics, links, or communications) provided on or through the use of the Website/Platform.
5. The Website/Platform and the Services on Website/Platform are provided on an “as is” basis. the Company, its owners, its licensors, and its suppliers to the fullest extent permitted by law, disclaim all warranties, express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties’ rights, and fitness for particular purpose.
6. The defaulting Website/Platform User shall indemnify and agrees to keep the Company and its subsidiaries and affiliates, and its and their directors, officers, employees, successors and assigns fully harmless against any complaints, suits, actions, claims, losses, damages , liabilities (including statutory liability), penalties, demands and costs (including without limitation, legal costs of the Company),awards, and/or expenses however arising directly or indirectly from the Website/Platform User arising in connection with Services offered by other Website/Platform User on the Website/Platform or its quality, performance or legalities including allegations of loss of data, system crash or otherwise, and copyright infringement or other intellectual property violations raised by third parties or Customers, or in respect of breach of any of the registered Service provider warranties, representations or undertakings or in any way attributable in whole or in part to registered Service provider’s performance of this Agreement or in relation to the non-fulfilment of any of its obligations under this Agreement.
7. The Company, its owners ,directors, employees or agents, successors assigns, affiliates, subsidiaries mentioned on the Website/Platform in any event whatsoever not be liable for any damages (including, without limitation, incidental and consequential damages, direct, indirect, exemplary damages, special or punitive damages, fees, fines, penalties, or liabilities ,personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption, including any computer virus, anticipated profits, loss of profits or revenues, loss of saving, loss of use interruption of business, loss of opportunity, and claims of customers), whether such damages occur prior or subsequent to or are alleged as a results of, the use or inability to use the Website/Platform or the Services, information posted under profile pages, whether based on warranty, contract, tort, or any other legal theory or breach of any of the provisions of this T&C.
8. That by browsing and/or providing your contact details on the Website/Platform you agree that you are solely responsible for any services you avail through the Platform and that you agree to defend, indemnify, and hold the Company, its owners ,its officers, directors, employees, agents, licensors, and suppliers, successors, assigns fully harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions or any claims based upon your advertisements on the Website/Platform. Your sole and exclusive remedy for dissatisfaction with the Website/Platform is to stop using the Website/Platform and its services.
9. Decision of the Company on pricing and discounts will be final irrespective of what is published on the Website/Platform or anywhere else.
Transaction and Monitoring Policy
1. All transactions executed and/or attempted to be executed through the Platform are regularly monitored by the Company, in order to promptly identify and highlight certain kinds of transactions which are deemed suspicious by the Company.
2. The Company may, from time to time, undertake necessary investigation in order to identify and examine transactions inconsistent with any User’s risk profile, sophistication, and expected usage pattern.
3. The extent of monitoring shall depend on various factors including upon each User’s risk profile.
4. In case the Company requires, it can take any of the following steps to regulate the use of the Platform by any User:
  1. PAN Check: For each transaction, the Company may require the user to enter the PAN Card of the person to whom the payment is being made.
  2. The credit score may be retrieved from the bureau with Your prior consent.
  3. The Company may also put transaction limits meaning each account may have a limit on the total number of transactions and/or the size of the transaction. These limits may be finalised on a per transaction basis as well as a monthly basis.

Regulatory Disclaimer

You also understand, acknowledge and agree that:

Company is not an insurance provider, insurance agent or an insurance intermediary registered with the Insurance Regulatory and Development Authority of India (“IRDAI”);
Company is not registered or regulated by IRDAI in the capacity of an insurer, insurance agent or insurance intermediary as notified by IRDAI;
IRDAI has not approved nor endorsed the Website/Platform and/or any content therein;
Company is not engaged in the business of distributing or soliciting insurance products and merely highlights basic features of the insurance/insurance products to generate interest or create desire to inquire further about such products;
By using the Website/Platform, you agree that Company is not inducing any person to purchase, increase, modify, reinstate or retain an insurance policy and any such act and/or omission made shall be at your sole risk
The information on the Website/Platform should not be construed as direct or indirect solicitation of insurance business in any manner.
You also understand, acknowledge and agree that:
1. Company is not in the business of providing any banking or non-banking services or issuance of any pre-paid instrument (“PPI”) and is not an entity registered with the Reserve Bank of India (“RBI”);
2. Company is not registered or regulated by RBI in the capacity of a bank, a NBFC or a PPI issuer as notified by RBI;
3. RBI has not approved nor endorsed the Platform and/or any content therein;
4. Company is not engaged in the business of distributing or providing any banking services or is engaged in the business of issuance of PPIs and merely provides you with co-branded PPIs issued by Commercial Partners.
5. The PPI co-branded by Company is issued by Commercial Partners and such Commercial Partners have the sole authority to decide the features governing such PPI. By accepting the terms and conditions provided, I hereby authorize the selection of Rupay as my preferred network partner with the Fab Money Prepaid card. For more details on risk factors, terms and conditions please read about the product carefully on the Website before issuing the same.

Rights & Reservations

Company reserve the right to:

Make all decisions in relation to inter alia your registration with Company;
Give you a username, different from the username chosen by you, if it impersonates an already existing username, or if Company feels it is otherwise inappropriate;
Request additional documents and additional information from you for the purpose of your registration as a user with the Platform; and
Deny access to the Website/Platform or any portion thereof without notice for the following reasons (i) any unauthorized access or use by you; (ii) attempt(s) to assign or transfer any rights granted to you under this Terms; (iii) violation of any of the provisions of the Terms or any applicable law.

Intellectual Property Rights Policy
1. All of the content on the Services, including, without limitation, all of the page headers, images, illustrations, graphics, audio clips, video clips or text, interface, reports generated, trademarks, trade names, trade secrets, applications and webiste constitute Company’s intellectual property. Copyright laws in all applicable jurisdictions protect the Services and the Services Content (“Intellectual Property“);
2. You may access the Services, avail of the features and facilities and utilize the Services Content for your personal or internal requirements only. You agree not to duplicate, distribute, create derivative works of, display, or commercially exploit the Intellectual Property, features or facilities, directly or indirectly, except as expressly authorized herein. In case you want to request permission to commercially exploit any Intellectual Property, you could contact us.
3. The Company is the sole owner of the underlying software and source code associated with Website/Platform and all the trademarks, copyright and any other intellectual property rights of any nature on the Website/Platform.

User Communications
1. Accepting these T&C and providing us with your contact details, implies your express consent to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf at any contact number, or physical or electronic address provided by you. You further agree that contacting you in any manner, including without limitation, SMS messages (including text messages), calls using pre-recorded messages or artificial voice, calls and messages delivered using auto telephone dialling system or an automatic texting system, and notifications sent via the Services. Automated messages may be played when the telephone is answered whether by you or someone else. If an agent or representative calls, he or she may also leave a message on your answering machine, voice mail, or send one via SMS.
2. You certify, warrant and represent that the telephone numbers and/or email addresses and any other information that you have provided (at the time of registering on the Website or thereafter or for creating an Account) to us are your own and not someone else’s and are true, accurate, current and complete. You represent that you are permitted to receive calls at each of the telephone/ mobile numbers you have provided to us and emails at each of the email addresses you have provided us. You agree to notify us whenever you stop using a telephone/ mobile number(s) and/or email address(es).
User Guidelines
1. In consideration of the Company granting you the rights hereunder, you hereby agree not to use the Services for any purpose that is unlawful under any applicable laws and/or in violation of the terms of these T&C and our Privacy Policy. You shall not use the Services in any manner that could damage, disable, overburden, or impair our server, or any network(s) connected to any other server, or interfere with any other party’s use and enjoyment of the Services. You shall not attempt to gain unauthorized access to any functions and features, other user accounts, computer systems or networks connected to any other server, in any manner, including, through hacking, password mining or any other means. You shall not obtain or attempt to obtain any materials or information through any means which is not intentionally made available to your Account or through the Services.
2. You accept that any and all operations emanating from your Device shall be assumed to have been initiated by you.
3. You shall not copy, reproduce, distribute, or create derivative works or modify the Services Content that is available on the Website/Platform. Also, you shall not attempt to decompile or reverse engineer or reverse compile our technology/ software that is available on the Website or transfer the material to another person or “mirror” the material on any other server, including, without limitation, such Java applet, as may be associated with the Website/Platform and/ or the Services from time to time.
4. You are responsible for any and all activities undertaken on the Platform by you.
5. You shall be liable for losses incurred by the Company or any other party due to a third party’s use of the Account. You shall not use any other person’s account at any time, without the permission of the account holder and the Company.
6. The Company shall make all reasonable efforts to ensure that your information is kept confidential. However, the Company shall not be responsible for any disclosure or leakage of confidential information and/or loss or damage of the Device due to theft, negligence or failure on your part to practice safe computing.
7. You shall ensure that while using the functions and features, all prevailing and applicable laws, rules and regulations, shall at all times, be strictly complied with by you and the Company shall not be liable in any manner whatsoever for default of any nature, by you, regarding the same.
8. You understand that any agreement made by you for provision of Services or receipt of Services shall be made between you and the Company and not directly between you and the party to whom such services are provided or from whom such services are sought.
9. You understand and acknowledge that upon using the Services, you authorize us to access third party sites designated by you, on your behalf, to display advertisements as requested by you, and to register for accounts requested by you. For all purposes hereof, you hereby grant us a limited powers and hereby authorize us with the full power of substitution and re-substitution, for you and in your name, place and stead, in any and all capacities, to access third party internet sites, servers or documents, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with services and facilities available on the Services, as fully to all intents and purposes as you might or could do in person.
10. YOU ACKNOWLEDGE AND AGREE THAT WHEN WE ACCESS AND RETRIEVE INFORMATION FROM THIRD PARTY SITES, WE ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY.
11. You agree that such third parties shall be entitled to rely on the foregoing authorization, agency granted by you.

Accuracy of materials

The material as part of the Services and as appearing on the Website could include technical, typographical, or photographic errors. The Company does not warrant that any of the material on the Website/Platform is accurate, complete or current. While, the Company may make changes to the material made available as the Services or on the Website/Platform at any time without notice, however it is under no obligation to update the material.

Third Party Links, Promotions and Advertisements
1. All the websites linked to the Website/Platform are not verified by the Company and inclusion of any link does not imply endorsement by the Company and usage/ access of/ to any such linked website is at the user’s own risk.
2. The Website/Platform may from time to time run promotions and advertisements of third parties, products and/or services. Your relationships and business dealings with any such third parties shall be solely matters between you and such third parties.
3. You acknowledge and agree that the Company is not responsible or liable for any loss or damage of any kind incurred as a result of any such dealings with such third parties.
Force Majeure

The Company shall not be liable for failing to perform, or delay in performance of, any of its obligations if, and to the extent that, such failure or delay is caused by an event substantially beyond its control, including but not limited to acts of God, acts of the public enemy or governmental authority in its sovereign or contractual capacity (including but not limited to declaration of lockdown), war, terrorism, floods, fire, strikes, epidemics, pandemics, civil unrest or riots, and/or power outage or grid failure.

Indemnification

You agree to protect, defend and indemnify us and hold us and our officers, directors, partners, employees, agents, investors and representatives harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your access and use of the Website/Platform and/or the Services in violation of these T&C and/or your infringement, or infringement by any other user of your Account, of any intellectual property or other right of anyone.

The terms of this provision will survive any termination or cancellation of these T&C or your use of the Services.

Warranties
1. The Services and the functions and feature of the Website/Platform are provided on an “as is” and on an “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
2. The Company shall make reasonable efforts to provide the Services and the functions and features. However, we make no warranty that the Services shall meet your requirements, be uninterrupted, timely, secure, and/or error free. Further we do not make any warranty as to the results that may be obtained from the use of the functions and features or as to the accuracy, reliability and/or quality of the output derived therefrom.
3. The Company shall not be liable for the loss and/or damage of the confidential information or data of the User arising as a result of an event or a series of related events, that is beyond its control including failures of or problems with the internet or part of the internet, attempted hacker attacks, hacker attacks, denial of service attacks and/or viruses or other malicious software attacks or infections.
4. Any material downloaded or otherwise obtained through the Services is done at your own discretion and risk and you are solely responsible for any damage to your Device or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from us through or from the Service will create any warranty not expressly stated in these T&C.
Limitation of Liability
1. In no event shall we be liable for any direct, indirect, punitive, incidental, special or consequential damages or for any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the access, use or performance of the services, functions and features or for interruptions, delay, etc., even if we were advised of the possibility of damages resulting from the cost of getting substitute facilities on the services, any services, data, information or services purchased or obtained or messages received or transactions entered into through or from the services, unauthorized access to or alteration of your transmissions or data statements or conduct of anyone on the services, or inability to use the services, the provision of or failure to provide the functions and features, whether based on contract, tort, negligence, strict liability or otherwise. This clause shall survive in perpetuity. ‍
2. To the extent permitted by law, Fab Money will not be liable to User for:
  1. the accuracy of the information contained in any Merchant Content. “Merchant Content” shall means any information, content, documents and/or other materials of the Merchant on the Fab Money Platform, including Merchant’s logos, branding, business names and trademarks;
  2. Chargeback from banks’ side i.e from acquirer or from issuer;
  3. Unauthorized access to information by any person through electronic or interception of communication on Merchant’s network.

Confidentiality
1. “Confidential Information” means non-public information that Disclosing Party designates as being confidential in writing or orally or it is third party /Customer’s sensitive information which is disclosed in confidence or which under the Confidential Information circumstances surrounding disclosure ought to be treated as confidential “Confidential Information”
2. For perpetuity from respective disclosure under this Agreement, the receiving Party shall treat as confidential all Confidential Information Provided by the other Party, including the trade secrets, proprietary information, sensitive personal information, or other sensitive information belonging to its customers, financial details, shall not use such Confidential Information except as expressly set forth herein or otherwise authorized in writing, and shall not disclose such Confidential Information to any third party except as may be necessary and required in connection with its rights and obligations under this Agreement.

Exceptions: Notwithstanding the above, neither Party shall have liability to the other with regard to any Confidential Information which-

Was generally known and available in the public domain at the time it was disclosed, or becomes generally known an available in the public domain through no fault of the receiver.
Was known to the receiver at the time of disclosure as shown by the files of the receiver in existence at the time of disclosure.
Is disclosed with the prior written approval of the discloser
Is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided; that the receiver shall provide reasonable advance notice thereof to enable the discloser to seek a protective order or otherwise prevent such disclosure.
1. You acknowledge and agree that the Confidential Information so provided to you shall at all times be the property of the Company and any breach of the same shall cause irreparable damage to the Company.

Severability

If any provision of these T&C is held to be illegal, invalid or unenforceable under any present or future applicable laws: (a) such provision will be replaced with another, which is not prohibited or unenforceable and has, as far as possible, the same legal and commercial effect as that which it replaces; and (b) the remaining provisions of the T&C will remain in full force and effect and will not be affected by the illegal, invalid, or unenforceable provision or by its severance here from.

Termination
1. The Company may block, restrict, disable, suspend or terminate the use of the Services at any time without giving any notice to you in case you are inter alia found to (i) Be in breach of the terms of these T&C (including the Privacy Policy); (ii) Violate any applicable laws; (iii) Be infringing the intellectual property rights of any third party; (iv) Be acting in a manner which may result into any claim against the Company.
2. Upon termination, the rights and license granted to you herein shall terminate and you must cease all use of and access to the Services and/ or Website and you must destroy any downloaded materials in your possession whether in electronic or printed format.
3. Any termination of your right to use or access the Website/Platform and/ or the Services shall not affect liability incurred by you prior to such termination.
Waiver

Any failure on the part of The Company to require performance of any provision of these T&C shall not affect its right to full performance thereof at any time thereafter, and any waiver by the Company of a breach of any provision hereof shall not constitute a waiver of a similar breach in the future or of any other breach.

Assignment

You shall not assign or transfer any rights, obligations, or privileges that you have under these T&C, without the prior written consent of The Company . Subject to the foregoing, these T&C will be binding on your legal heirs, successors and permitted assignees. Any assignment or transfer in violation of this clause will be deemed null and void. The Company’s rights under the T&C are freely transferable by The Company to any third parties without the requirement of intimating you or seeking your consent.

Updates
1. The Company reserves the right to update the Website/Platform and/ or the Services, in order to, inter alia, increase efficiency, optimize user interface, and add new facilities from time to time.
2. You hereby agree to install the updates from time to time and acknowledge that The Company will only be able to provide Account support for the Services if you ensure to install all updates upon receiving notifications thereof when using the Services.
Validity of T&C

These T&C shall apply when you complete the authentication process and create an Account and shall remain valid and binding on you for so long as you maintain the Account.

Governing Law and Jurisdiction

These T&C (and by extension, the Privacy Policy) are governed and construed in accordance with laws of India. By using the Services, you hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Mumbai, India, in the event of any disputes arising out of or in relation to your access to and use of the Services.

Grievance Redressal

The User may, report violation of breach of privacy, Information or identify theft or grievances in relation to the Information shared, collected, stored or disseminated by the Company in relation to the Website/Platform on ops@Fabmoney.in.