Terms and conditions – User (Tuition Fees) Indus

This document is an electronic record in terms of Information Technology Act, 2000 (as may be from time to time), the rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

These terms and conditions are entered into between You and Indus Appstore Private Limited, a company incorporated under the Companies Act, 2013 with registered office at 51/117, Nelson towers, Nelson Manickam Road, Aminjikarai, Chennai, Tamil Nadu, India- 600029 (hereinafter referred to as “Indus”/ “We”/ “Us”/ “Our”). These terms and conditions govern Your usage, and access of Platform, in relation to making payment(s) of Tuition Fee(s) to the Beneficiary(s) via the Platform (terms as defined below).

Whenever the context requires “Customer”/ “User”/ “You”/ “Your”/ “Yourself” shall refer to the registered user of the PhonePe Platform who is eligible to avail PhonePe services via the PhonePe Platform, and who also uses Platform to make payment(s) to Beneficiary(s) towards Tuition Fee(s), via such Payment Facilitator(s) appointed/used by Indus, You shall be contracting with Indus and agree to be bound by these terms in addition to the Terms and Conditions, Privacy Policy, and all other applicable terms and policies issued by Indus from time to time (all of which are collectively referred to as ‘Terms’). Please note that We may amend the Terms at any time. It shall be Your responsibility to review these Terms regularly for updates / changes. Your continued access/ use of Platform shall mean that You accept and agree to the revision(s) including the additional terms, modifications etc. If You do not agree with these Terms, then You may choose to not use the Platform.

1. Definitions:

“Payment Facilitator(s)” shall mean and include such payment system operator(s) used by Indus (including Banks, facility provider(s), payment aggregator(s) who are integrated/partnered with Us and our Platform), with respect to authorization and facilitation of online / digital payment(s) on Platform.
“Platform” shall mean the online platform/page on the PhonePe Platform through which Indus would extend its technology/ platform services to the User(s), to enable Tuition Fee(s) or such other platform integrated with/ operated by Indus.
“PhonePe Platform” shall mean platform, website, mobile application owned by PhonePe Limited (formerly known as “PhonePe Private Limited”) to provide its services to its users.
“Services” shall include educational, training, tutoring, mentoring, and any other related services provided by the Beneficiary to the User, as per the terms agreed between User and the Beneficiary.
“Tutor” or “Beneficiary” shall mean such person(s) to whom the Tuition Fees is being paid by the User via PhonePe Platform, post successful verification(s) and registration(s) with Indus in accordance with these Terms.
“Tuition Fees” shall mean the amount payable by User to the Tutor/ Beneficiary, for the Services extended to the User by the Tutor.

2. Eligibility:

You hereby agree that:

You are at least 18 (eighteen) years of age or older;
You have the legal capacity to enter into a contract / legally binding agreement(s);
You have the right, authority and capability to enter into this agreement, and use Platform for making payments in relation to Tuition Fee(s) to the Beneficiary in accordance with these Terms;
You have entered into a valid legal agreement between You and Beneficiary for receiving Service(s) from the Beneficiary and make payments towards Tuition Fee(s) to the Tutor via Platform;
You have provided accurate, correct, and complete information to Indus and ensure the same is updated with Indus at all times, for the purposes of using Platform in accordance with these Terms.

3. General Terms:

You agree and confirm that:

You have availed/ are availing Services from the Beneficiary as per terms agreed between You and the Beneficiary.
You are utilising Our technology interface to make payment of the Tuition Fee(s) due to the Beneficiary(s), subject to these Terms. PhonePe does not provide any tuition / education services, and does not act as an educator, academic institution, certifying body, employment agency or placement service provider in any manner.
The Services are solely governed as per the agreement / terms entered between You and Beneficiary. Indus has no role in identifying / verifying the genuineness, accuracy etc. of the Service, Tuition Fees and/or the Beneficiary, and has no responsibility/ liability whatsoever in this regard.
Indus (and/or Payment Facilitator) is neither Your agent nor an agent of the Beneficiary.
In order to make a payment for Tuition Fee(s) towards the Beneficiary, You shall be required to provide certain details, such as: (i) Name of the Beneficiary; (ii) virtual payment address (UPI ID/ VPA) or bank account details of the Beneficiary (including IFSC code of the bank account), (iii) mobile number of the Beneficiary; (iv) Amount of Tuition Fees to be paid to the Beneficiary; (v) Permanent Account Number (PAN) card details of the Beneficiary; and/or (vi) any additional details, document(s) sought by Indus.
You hereby agree and understand that in order to complete the payment of Your Tuition Fee(s), Beneficiary is required to complete a one-time registration with Indus (as per the terms applicable to the Beneficiary). If Your Beneficiary is not already registered with Indus, You shall not be able to complete your payment of Tuition Fee(s) to the Beneficiary.
Upon successful completion of one-time registration with Indus, the Beneficiary shall be able to accept payments of Tuition Fee(s) from any User.

4. Payments

You hereby understand that the payments in relation to Tuition Fee(s) shall be processed by the Payment Facilitator based on payment instruction/details provided by You. However, the settlement to the Beneficiary shall only happen post successful registration of the Beneficiary with Indus, and subject to these Terms.
On successful registration of the Beneficiary with Indus, the Beneficiary will be able to receive the payment of the Tuition Fee(s). If the Beneficiary fails to complete the one-time registration, the transaction initiated by You for payment of Tuition Fee shall stand cancelled and reversed to your original payment instrument.
If the Beneficiary is already added on Indus and registered with Indus, the same will be made visible / displayed on the Platform and You will be able to make the payment of Your Tuition Fees to the Beneficiary.
You can verify the status of Your payment transaction from the transaction history page and/or the notifications on the PhonePe Platform.
Indus shall provide You with the Unique Transaction Reference (UTR) number / details of the transactions in relation to Tuition Fee(s) processed. For any chargeback related concerns or queries, please contact your issuing bank.
You hereby agree that no refund(s) / cancellation(s) would be processed once We successfully process your Tuition Fee payment, and hence there is no refund(s), cancellation(s) or any return policy applicable.
You hereby understand that all payment transactions towards Tuition Fee(s) would be processed based on Your instructions / information provided by You. Indus does not determine any details in relation to the Service, Beneficiary, or the Tuition Fees. It is solely determined between You and the Beneficiary. You can use the Platform for paying Your Tuition Fee(s) in accordance with these Terms. Such payment would be processed through Payment Facilitator(s) in compliance with applicable laws, and in accordance with Our internal policies.
Indus shall not be liable for failure, or rejection / cancellation of any transaction by the Payment Facilitator. You can find the status of the payment transaction on the Platform.
If You erroneously send a payment to the wrong party or double pay or send a payment for the wrong amount (for instance a typographical error at Your end), Your only recourse will be to contact the said Beneficiary to whom You have made the payment and resolve it directly with the Beneficiary. Indus will not be able to reimburse/ refund or reverse a payment that You have erroneously made.
You hereby agree that We / our Payment Facilitator may apply certain limits, including in relation to the transaction(s), amount(s), number of Beneficiary(s) etc., based on Indus’s and/ or Payment Facilitator(s) risk assessment, and as per applicable laws. We may change/modify such limits, or take such action (including suspension of services, blocking of account etc.) as we deem fit from time to time.

5. Representations by the User:

The User hereby represents and agrees to the following:

The User is aware of the identity of the Beneficiary and has availed/ is availing Services from the Beneficiary and confirm that Beneficiary has extended and You have received Services as per your mutual agreement, and to Yours and Beneficiary’s satisfaction; Further, You represent and agree that the Beneficiary possesses the necessary skills, experience and knowledge to be able to provide the Services, and is providing the same in compliance with applicable laws, including but not limited to possessing all necessary licenses/ approvals etc.
The User shall always remain compliant with all applicable laws.
All information provided to PhonePe is accurate, complete, and not misleading and You will promptly notify Indus, in writing, of any changes.
The User or the Beneficiary shall not engage in any activity that could damage the reputation of Indus in any manner.
The User shall not engage in or enable money laundering, financing of terrorism, corruption, fraud, or any other illegal activity at any point. Further, You acknowledge that Indus may terminate Your relationship at any time upon suspicion of illegal activities or for any other reason as we may deem fit.
The User has authority and requisite consent from the Beneficiary to disclose/ share the Beneficiary’s information (as stated in these Terms) with Us, and User permits Us to use, access, fetch, share, store and handle such information in accordance with the Privacy Policy.
The User agrees to take full responsibility for the correctness of payment request placed by User for the payment of Tuition Fees, including details of the Beneficiary provided by the User. You acknowledge that Indus shall process payment transactions based on the information provided by You and does not verify correctness of the information that the User have provided on the PhonePe Platform. The User represents and acknowledges that the User shall be solely responsible for authenticity, accuracy and validity of any document or any other information provided by the User in relation to the Beneficiary. Indus shall not bear any liability in relation to the same.
The User hereby confirms that the Services as provided by the Beneficiary to the User (including the amount of Tuition Fee(s) to be paid) are governed by and specified in a valid document or agreement entered into between the User and the Beneficiary. Indus has no obligation to verify the existence or correctness of the same. By inserting the amount in relation to the Tuition Fee(s), You are merely instructing Indus / its Payment Facilitator to help process the payment of the said Tuition Fees.
The User shall further ensure that:
1. The Beneficiary operates in compliance with laws of India to the extent applicable, and in accordance with these Terms.
2. Any/all information and/or documents provided by Beneficiary to the User are correct and authentic.
3. The Beneficiary shall conduct all its dealings in an ethical manner and with highest business standards. The Beneficiary and/or User (in collusion, or individually) shall not act with malafide intent to dupe the User(s) or any person.
4. The Beneficiary and the User shall cooperate with Indus and with such authority/ body as required, to facilitate any investigation, proceeding(s), queries etc. in relation to the Services, Tuition Fees, Beneficiary, including any suspicion/ allegation of misconduct, fraud, deficiency of service etc. The User shall also promptly share the relevant details/ information as may be required by Indus/ Payment Facilitator, any authorities, including in relation to the Beneficiary.
5. The User and/or the Beneficiary shall not submit, publish, or utilize the Indus Platform for any false, inaccurate, defamatory, misleading, offensive or inappropriate, unlawful or unauthorised purposes/ activity.
6. The User and/or the Beneficiary agrees that it shall not misuse, misappropriate, or unlawfully exploit Platform in violation of these Terms, or use Platform for any other purpose other than to make and receive payments towards Tuition Fee(s) only.

6. Charges

You agree and accept that Indus may levy a convenience fee or any other charges in order to cover costs of processing the payment transaction(s) for Tuition Fee(s). Such fee(s) shall be inclusive of applicable taxes and will be displayed to You at the time of making the payment for Tuition Fees. You authorise us to process and collect such fees payable to Indus, together with the Tuition Fees.

7. User Responsibilities:

You shall be solely responsible for the following:

Providing accurate information for each payment instruction/ Tuition Fee and of each Beneficiary. You agree and understand that Payment Facilitator cannot reverse/ refund a payment once the same is initiated as per User’s instructions and successfully processed. Indus or Payment Facilitator shall not be liable or responsible for any loss incurred by You as a result of a payment transaction processed via Platform, in accordance with Your payment instructions towards the Beneficiary.
Any disputes in relation to the Beneficiary or Services shall be resolved between You and Beneficiary as per your mutually agreed terms; Indus as a platform shall not be responsible for the same in any manner. Indus shall also not be liable for any risk/ dispute / issue associated with the Beneficiary or the services in lieu of the Tuition Fees and shall in no event be made a party to any such risk/ dispute / issue. You must reach out to the Beneficiary only for any issues/ queries in relation to the same.
Your acceptance to these Terms shall mean that You consent to the sharing of your(s) / Beneficiary(s) relevant information with Indus, Payment Facilitator, and the Beneficiary (as applicable), for the purposes of enabling Indus to facilitate payment of Tuition Fee(s). All data shall be processed in accordance with Privacy Policy and applicable law(s).
You acknowledge that Beneficiary(s) may independently collect and process Your personal data in connection with the provision of Services (if applicable), and such processing shall be governed by the Beneficiary(s) terms only. Indus is not aware of, or responsible for, the Beneficiary(s) data practices.
You agree that We may review the data/information provided by You and undertake appropriate due diligence and monitoring and take any action(s) as we deem fit as per our internal policies and processes/ controls. You understand that We may also fetch any required data from any other available sources, including through Our business partners or service providers which may pertain to You, the Beneficiary, the Services etc., as part of due diligence and internal processes. Such measures shall however not impose any obligations on Indus in any manner whatsoever. We will not be liable for any loss or damage caused to You as a result of such process, including due to submission of incorrect or insufficient information.
By using the Platform for payment of Tuition Fees (using the payment modes enabled by the Payment Facilitator(s)), You have authorized Indus/ Payment Facilitator to process the payments in accordance with these Terms, our processes and any applicable laws. We / our Payment Facilitator retain a right to take such action as We may deem fit (including decline or cancel transactions based on risk parameters), without giving you prior intimation.
Indus, at its sole discretion, reserves a right to refuse, discontinue, suspend, or take any action against any User or Beneficiary, in case of any suspected or actual fraud, abuse, misuse, breach of Terms/applicable laws, high volume of disputed transaction(s), adverse media content, to comply with any authority or government’s direction, order, or any compliance requirement.

8. Grievance Policy

In order to report any complaints or raise any grievance in relation to the payment transaction for Tuition Fees, You may refer to our customer support and grievance redressal policy (linked here).
For all grievances/ queries/ complaints in relation to the Beneficiary, Services and the Tuition Fees, please contact the Beneficiary directly.

9. Disclaimers:

You agree that all risks arising from payments You make/attempt to make to the Beneficiary shall be solely borne by You.
Our Platform is a technology-enabled platform inter-alia for the purposes of facilitating payment of Tuition Fee(s) as per these Terms. Indus does not own, operate, control, deliver, endorse, verify, or warrant any tuition / educational service(s), any Beneficiary, Services, and/ or educational materials in any manner whatsoever. The Service provided by the Beneficiary to the User shall be governed between the terms of the agreement as agreed between the Beneficiary and the User.
Indus does not control, endorse, guarantee, or assume responsibility for: (i) the quality, accuracy, completeness, legality, suitability, reliability, or fitness for purpose of any Service; (ii) any representations made by Beneficiary(s) regarding qualifications, experience, certifications, outcomes, placements, or results; (iii) the conduct, performance, acts, or omissions of Beneficiary(s), whether online or offline, in any manner whatsoever, or (iv) any compliance(s) by Beneficiary(s) with applicable laws, regulations, or industry standards.
Indus shall not be responsible for: (i) any delay, cancellation, rescheduling, modification or discontinuation of any Service (or part thereof) by a Beneficiary, or (ii) any failure by a Beneficiary to deliver, termination or discontinuation of Services in accordance with their descriptions, representations, or commitments, in any manner whatsoever.
Except as expressly provided herein and to the full extent permitted by law, all services (including the payment facilitation services) provided by Indus/Payment Facilitator under these Terms are provided “as is”, “as available” and “with all faults”. All warranties, representations, conditions, undertakings and terms, whether express or implied, are hereby excluded. It is Your responsibility to evaluate the accuracy, completeness and usefulness of the service and other information provided by Indus or generally available. We do not authorize anyone to make any warranty on Our behalf, and You should not rely on any such statement.

10. Other Terms:

If You are an android User, You hereby accept and agree to the Indus Consumer T&Cs.
We reserve the right to report You, Your Beneficiary and any other details / transactions to the relevant authorities/ Payment Facilitator if it is deemed to be / found to be suspicious or fraudulent, in accordance with relevant policies, regulatory, and statutory guidelines. We shall not be held liable for any losses incurred by You or Your Beneficiary due to such reporting by Us.
You agree that Indus and Our Payment Facilitators/card network(s)/financial institution(s) facilitating payment transaction(s) for Tuition Fee(s) may from time to time (i) seek additional information from You, (ii) conduct various verifications to verify such information, and/or (iii) initiate legal or other action against You/ Beneficiary, in case We/ they are of the view that You have submitted any untrue and/or incorrect details, or have breached any of the Terms hereof, or for any reason as We/they may deem fit.
Indus may terminate these Terms without giving any notice to You.
You agree to indemnify and hold Indus, its affiliates, employees, directors, officers, agents and representatives, Payment Facilitator, financial institutions, bank(s) and card networks (“Indemnified Parties”), harmless, from any and all losses, damages, actions, claims and liabilities (including legal costs) which such Indemnified Parties may sustain, suffer or incur arising out of or in relation to Your breach of these Terms, any false or incorrect information submitted by You or Beneficiary, Your use of the Platform, Your violation of any applicable laws, rules, or regulations, Your dealings/ transaction(s)/ disputes with any Beneficiary, You availing Services from any Beneficiary, payment of Tuition Fees, any fraudulent activity, abuse, or other dispute(s) in relation to these Terms.
In no event will Indus or its affiliates be liable for any indirect, consequential, incidental, special or punitive damages, including without limitation, damages for loss of profits or revenues, business interruption, loss of business opportunities, loss of data or loss of other economic interests, whether in contract, negligence, tort or otherwise, arising from the use of or inability to use the information provided, however caused and whether arising in contract, tort, negligence, warranty or otherwise, in relation to these Terms. Notwithstanding anything stated under these Terms, the aggregate and cumulative liability of Indus from any cause whatsoever, for all losses, liabilities and damages arising out of or in connection with these Terms, (whether caused by negligence or otherwise) shall in no event exceed sum equivalent to INR 100 (Indian Rupees Hundred).
These Terms shall be governed by the laws of India. Any claim or dispute between You and Indus that arises in whole or in part from in relation to these Terms shall be decided exclusively by a court of competent jurisdiction located in Bangalore.
Indus shall have the right to assign these Term(s) (including all Our rights, obligations and duties in these Terms) or any part thereof to any of our affiliates and to any successor in interest.
In case of any conflict between these Terms and the Terms and Conditions these Terms shall prevail to the extent of the conflict.