Dialmytrip Tech Private limited (“DMT”) is a FinTech platform delivering multiple services to Individuals and Businesses. DMT is authorized by multiple banks to act as a Corporate Business Correspondent and appoint Agent Business Correspondents to deliver mainstream financial and other citizen services to the Customers under the guidelines issued by the RBI or Other Regulatory authorities of government of India. DMT is engaged in the business of distribution of various services like Travel booking Services (Flight, Hotel, Bus and Train Ticket Bookings) Financial Inclusion (Domestic Money Transfer, Nepal Money Transfer, AEPS, Micro ATM and M-POS), Insurance (Life, Health and General Insurance), Utility Payments (Mobile & DTH Prepaid Recharge and Bill Payments), and many more services.
“DMT Grahak Seva Kendra(s)” shall mean and include the Users registered on the DMT Platform who are authorised by DMT and the Bank to operate as ABC(s) under the above-mentioned guidelines for providing banking and citizen services envisaged in these DMT Grahak Seva Kendra Terms and Conditions.
Subject to the compliance of applicable regulations and basis the representations and the affirmations given by the DMT Grahak Seva Kendra about it having the requisite capability to provide the services further and to carry out various other activities as mutually agreed to between the DMT Grahak Seva Kendra and the Company, the DMT Grahak Seva Kendra is desirous of facilitating the sale of services of the Bank(s) and Other service provider(s). These DMT Grahak Seva Kendra Terms and Conditions (“DMT Grahak Seva Kendra Terms and Conditions”) as set out below are in addition to the Terms and Conditions as set out above and are applicable to all the DMT Grahak Seva Kendra registered on the DMT Platform.
DMT GRAHAK SEVA KENDRA OBLIGATIONS AND DUTIES
- The DMT Grahak Seva Kendra shall only undertake the activities in accordance with all the applicable Terms, relevant regulations and standard operating procedures issued by the Bank or the Regulators from time to time.
- The DMT Grahak Seva Kendra shall take an appropriate insurance policy in order to protect itself from any business impediments, financial and non-financial risks.
- The DMT Grahak Seva Kendra shall operate at its own cost as may be required by the Company or the Bank to effectively deliver the services to the Customers.
- The DMT Grahak Seva Kendra shall ensure that any additional resource(s) engaged by the DMT Grahak Seva Kendra, subject to prior written approval from the Company, are selected through a process found suitable by the Company for providing the services in a timely and efficient manner.
- The DMT Grahak Seva Kendra shall be solely responsible for compliance with all applicable labour laws in relation to the personnel it employs along with the associated costs. DMT will not have any right, obligation or responsibility whatsoever to control, supervise or manage the DMT Grahak Seva Kendra’s employees, agents or independent contractors.
- The DMT Grahak Seva Kendra may utilize any third-party software other than the Software for providing the Services only after prior written permission of the Company. The DMT Grahak Seva Kendra shall ensure that such third-party Software is validly licensed, procured and installed. It shall ensure that the use of third-party Software shall not affect or damage DMT’s Software.
- The DMT Grahak Seva Kendra shall act prudently in accordance with these Terms and Conditions and shall exercise all due diligence in carrying out its duties and obligations under these Terms and Conditions. The DMT Grahak Seva Kendra agrees that they will preserve the data in accordance with the legal/regulatory obligations of the Company and as required under various circulars, guidelines, notifications etc. issued by the Bank or other regulatory authorities.
- The DMT Grahak Seva Kendra shall not exercise any lien or right to set-off or appropriation on any of the assets, properties, documents, instruments or material belonging to the Company and/or the Customers and/or non-Customers in the custody of the DMT Grahak Seva Kendra for any amount due or claimed to be due by the DMT Grahak Seva Kendra from the Bank.
- The DMT Grahak Seva Kendra shall promptly provide the details provided by the Company indicating the charges (if any) for the Services rendered to each and every Customer. The DMT Grahak Seva Kendra shall ensure that the charges for offering Services are clearly communicated to the Customer prior to rendering the services.
- The DMT Grahak Seva Kendra shall not charge any fee from the Customer either directly or indirectly or on behalf of the Company over and above the fee specified by the Company from time to time.
- The DMT Grahak Seva Kendra undertakes to perform the Services in accordance with the instructions provided by the Company from time to time.
- The DMT Grahak Seva Kendra undertakes that any software or hardware used by the DMT Grahak Seva Kendra shall comply with the industry standards and will be updated regularly.
- The DMT Grahak Seva Kendra shall immediately notify the Company of any breach of security and leakage of confidential information. In such eventualities, the DMT Grahak Seva Kendra shall be liable for all the damages and repercussions.
- The DMT Grahak Seva Kendra shall communicate this policy to each and every Customer and shall notify the Company within the specified time period of any claims/complaints/grievances made by the Customers.
- The DMT Grahak Seva Kendra undertakes that any Customer information taken shall be strictly protected as per the Terms and Conditions and the DMT Grahak Seva Kendra would not source any other personal sensitive information from the Customers.
- In no event shall the DMT Grahak Seva Kendra indulge or enter into any financial transaction with any of the DMT employees, associates, agents and/or personnel. DMT shall not be liable for any damages, losses (direct or indirect) whatsoever caused to the DMT Grahak Seva Kendra arising out of such transactions.
- The DMT Grahak Seva Kendra shall treat all the Customers with dignity and respect and shall not resort to any kind of intimidation or harassment, either verbal or physical against any person.
- If any legal proceeding is instituted by any Customer, the DMT Grahak Seva Kendra shall immediately intimate the same to the Company and provide all documents and information to enable the Company to take appropriate action. The Company shall not be liable for any dispute arising between the DMT Grahak Seva Kendra and any other entity / third party. The DMT Grahak Seva Kendra shall not make any representation to the Customers or otherwise give any warranties other than those contained in the standard terms and conditions laid down by the Company.
ADVANCEMENT OF E-VALUE/WALLET BALANCE
The Parties hereby agree that the following procedure for advancement of e-value by Company to DMT GRAHAK SEVA KENDRA shall be adopted for the provision of Services:
- DMT GRAHAK SEVA KENDRA shall make a deposit in advance into the bank account of Company as directed by the Company for obtaining e-value required by it. Such deposit shall be made by DMT Grahak Seva Kendra through Cash and electronic transfer by using own/company’s Debit/Credit/Net banking only.
- DMT GRAHAK SEVA KENDRA shall, immediately after making the deposit as per (a) above, inform Company through any of the channels made available by Company such as e-mail or web application and in the prescribed format and specified message destination points setting out the details of the deposit made.
- DMT GRAHAK SEVA KENDRA is NOT ALLOWED to get the Value by using third party deposits/Transfers/ credit card/debit card and internet banking etc. The DMT GRAHAK SEVA KENDRA can use own/Company details only to avail value in the wallet. In case of any Chargeback, the DMT GRAHAK SEVA KENDRA is solely responsible and liable to bare the losses.
- In case of any discrepancy, DMT GRAHAK SEVA KENDRA shall deposit the discrepant amount in the Company’s bank account immediately and not later than within (3) three bank working hours of receipt of such intimation from Company.
DMT shall from time to time authorise certain DMT Grahak Seva Kendra s for cash management activities and to further extend the reach of banking services to the Customers for greater financial inclusion. Such DMT Grahak Seva Kendras shall:
- i. Collect and/or dispense cash at other DMT Grahak Seva Kendra outlets in the assigned territory to ensure uninterrupted delivery of banking and citizen services to the Customers as per the mutually agreed terms.
- Confirms that it assumes all the risks associated with cash logistics and shall take an appropriate insurance policy in order to protect itself from any business impediments, financial and non-financial risks.
- Be solely responsible for providing genuine currency to all the DMT Grahak Seva Kendra s and hence to the Customers towards the Transactions performed and the Company shall not assume any responsibility in this regard.
- Ensure that the credit or debit against the cash collected or dispensed to the other DMT Grahak Seva Kendra (s) happens on an immediate basis at the time of handing over the cash.
The payment mechanism for settlement of the fee payable by the DMT Grahak Seva Kendra or the Company as applicable shall be as follows:
- The Company shall make available to the DMT Grahak Seva Kendra a report in electronic form setting forth the following information relating to each Transaction: The Transaction amount, date and time of the Transaction, Transaction serial number, Service Provider identification and response code ("MIS"). The MIS shall be made available to the DMT Grahak Seva Kendra via an online portal. The format and controls on the portal and process is provided by the Company and as updated from time to time.
- The DMT Grahak Seva Kendra shall maintain sufficient credit/balance with the Company so as to enable each Transaction to be carried out smoothly. The Company reserves the right to decline any Transactions done over and above the balance of DMT Grahak Seva Kendra available with the Company.
- The DMT Grahak Seva Kendra hereto agrees that any payment instructions for Transactions accepted by the DMT Grahak Seva Kendra as per the terms hereof which are subsequently disputed due to (a) the authorization by the DMT Grahak Seva Kendra of any Transaction with an amount exceeding the DMT Grahak Seva Kendra’s account balance or credit limit, or (b) the authorization by the DMT Grahak Seva Kendra of a fraudulent Transaction, shall always be the liability and responsibility of DMT Grahak Seva Kendra .
- The DMT Grahak Seva Kendra hereby acknowledges and agrees that DMT is a facilitator for payment processing services which are requested and authorized by DMT Grahak Seva Kendra and DMT shall not be responsible for any unauthorized transaction done by any person including third party and amounting to infringement of another’s rights or any chargebacks claimed by the Customers. It will be the responsibility of DMT Grahak Seva Kendra to ensure due protection while transacting online or otherwise. DMT will assist the DMT Grahak Seva Kendra in settling any queries related to the Services that arise between the DMT Grahak Seva Kendra and its Customers and any other DMT Grahak Seva Kendra. However, DMT shall bear no responsibility with respect to the dispute or query related to the payment made by the Customers to the DMT Grahak Seva Kendra.
- On the receipt of the Chargeback from the customer, DMT Grahak Seva Kendra shall be notified by the Company. The DMT Grahak Seva Kendra hall be entitled to furnish documents and information pertaining to the Transaction associated with the Chargeback within one (1) working day or such other period as specified by the bank whichever is higher. The DMT Grahak Seva Kendra agrees and acknowledges that (i) if the DMT Grahak Seva Kendra is unable to furnish Chargeback Documents (ii) the bank is not satisfied with the Chargeback documents furnished by the DMT Grahak Seva Kendra, then the bank shall be entitled to order the DMT to affect a reversal of the debit of the Chargeback Amount associated with the Chargeback such that the said chargeback amount is credited to the Customer’s Payment Instrument.
DATA SECURITY AND STORAGE
The DMT Grahak Seva Kendra shall comply with the provisions contained in the Information Technology Act, 2000 and the statutory rules framed thereunder, from time to time, in so far as the same has applied to its operations in accordance with all these Terms and Conditions, and also with all other Laws, rules and regulations, whether already in force or which may be enacted from time to time, pertaining to data security and management, data storage, sharing and data protection, and various rules, regulation and provisions as may be applicable, as and when the same is enacted into law and comes into force, and shall ensure the same level of compliance by all its employees.
The DMT Grahak Seva Kendra confirms and certifies that it will never engage in any acts that violate any laws and regulations. It shall also ensure that the financial data or any other information of the Customers received by the DMT Grahak Seva Kendra are stored in a system only in India. This data shall include a full end to end transaction details/information collected/carried/processed as part of the message/payment instructions.
The DMT Grahak Seva Kendra agrees that DMT, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate the account (or any part thereof) or the use of the DMT Platform. DMT may also in its sole discretion and at any time discontinue providing access to the DMT Services, or any part thereof, with or without notice. DMT Grahak Seva Kendra agrees that any termination of the access to the DMT platform may be affected without prior notice, and DMT Grahak Seva Kendra agrees that DMT shall not be liable to the DMT Grahak Seva Kendra or any third party for any such termination or interruption. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies DMT may have at law or in equity. Upon termination for any reason, DMT Grahak Seva Kendra agrees to immediately stop using the DMT Services and Platform.
DISPUTE RESOLUTION AND ARBITRATION
- The Parties shall seek to resolve any dispute, controversy, claim or breach arising out of or in relation to this Agreement including any dispute as to the existence or validity of this Agreement, by amicable arrangement and compromise, and only if the Parties fail to resolve the same by amicable arrangement and compromise within a period of 30 (thirty) days of receipt of written notice of the same by the other Party.
- Any dispute, controversy, claim or breach arising out of or in relation to this Agreement (including a dispute as to the existence or validity hereof) shall be finally settled in accordance with the Arbitration & Conciliation Act, 1996, then in effect which shall be deemed to have been incorporated herein, by binding arbitration by a sole arbitrator to be appointed by the Parties jointly or by the company.
- The arbitration award shall be final and binding upon the Parties and shall be enforceable by the relevant courts, competent to enforce the arbitration award. The arbitral award shall be substantiated in writing and the arbitral tribunal shall also have the right to decide on the costs of arbitration proceedings.
- This Agreement shall be governed by and construed in accordance with the laws of the India and the courts of New Delhi shall have the exclusive jurisdiction and language of arbitration shall be English.