Terms & Conditions

ZETA Prepaid Instruments - TERMS AND CONDITIONS

Zeta branded prepaid instruments are co-branded prepaid instruments issued by Kotak Mahindra Bank Limited in technical collaboration with Better World Technology Pvt. Ltd. (BWTL). The pre-paid instruments are offered in the form of Mobile Wallets, Expense Cards, Gift Cards, Meal Vouchers, in electronic, digital and mobile wallet form factors along with Physical Cards of Mastercard and/or Rupay brand Payment Networks. BWTL markets, distributes and sells these prepaid instruments through its mobile applications, websites and other channels either directly or through its channel partners, affiliates and other associates. BWTL maintains the software, services, hardware, connectivity and other infrastructure required to operate the prepaid instruments. BWTL provides customer support, dispute resolution and grievance redressal in all matters related to Zeta branded prepaid instruments. BWTL herein, unless repugnant to the context shall refer to both BWTL and Kotak Mahindra Bank.

The Access, Purchase, Possession and Usage of any Zeta branded prepaid instrument is governed by the following Terms and Conditions and Privacy Policy. Specific prepaid instruments may have additional or overriding terms and conditions. Those additional terms and conditions combined with the terms and conditions herein constitute the terms and conditions of the instrument. The combined terms are binding on the Purchaser, Beneficiary and Acceptor of the pre-paid instruments.

IF A PURCHASER, BENEFICIARY OR ACCEPTOR DOES NOT ACCEPT THE COMBINED TERMS AND CONDITIONS OF THE ZETA BRANDED INSTRUMENT, SUCH PURCHASER, BENEFICIARY OR ACCEPTOR CANNOT ACCESS, PURCHASE, POSSESS, RELOAD OR USE ZETA BRANDED PREPAID INSTRUMENTS IN ANY FORM.

1. DEFINITIONS

1. The term Prepaid Instrument (PPI) refers to the co-branded semi-closed or open loop prepaid-instruments issued by the Kotak Mahindra Bank Limited under the authorisation received from Reserve Bank of India and marketed, distributed and managed by BWTL.

2. The term "use" refers to any and all of purchase, access, possess, transact, transfer and share activities of and associated with the prepaid instruments.

3. Wherever the term "he"/"his" is used as a pronoun to refer to the User, it assumes the meaning of appropriate pronoun based on the gender of the User.

2. ELIGIBILITY

1. Only Residents of India of age 18 years and above, suitable to enter into a legally binding agreement, may use PPIs for transactions in India in Indian Rupee denominations only.

2. No individual or entity shall misrepresent its identity, age, other demographic, parental, residence, ownership, nature of business information or other such information required to enforce any laws and regulations of India, intentionally or accidentally, and wrongfully use PPIs. User shall be liable for all misrepresentations and/or wrongful usage of service in violations to these terms and conditions and/or the applicable laws and guidelines issued by the competent authorities of India.

3. BWTL reserves the right to deny, suspend and terminate services at its discretion to an otherwise eligible user, with or without prior notice in any form, if it suspects, has reason to believe or upon request or instruction from a competent authority that any of the terms, rules, laws, regulations and guidelines are in violation by the usage of the user.

3. PURCHASE OF PREPAID INSTRUMENTS

1. Eligible user may sign-up for a reloadable PPI in Zeta Mobile application or on the website by providing a verifiable identity from a trusted identity provider like a Bank, Telecom Network Operator or UIDAI. Such PPI may not hold more than Rs. 10,000 balance and will be subject to such other limits defined and notified by RBI from time to time. Setting up an account on Zeta constitutes purchase of a reloadable PPI described here.

2. Eligible user may purchase non-reloadable prepaid instruments in electronic or digital forms for upto Rs. 50,000/- after presenting an officially valid document.

3. Eligible user may purchase a reloadable open PPI upto Rs. 1,00,000 (one lakh) after completing a full KYC procedure.

4. BWTL may ask for additional documents or information during purchase of a PPI. Any information provided during purchase of a PPI must be true and user shall be liable for all accidental or intentional false representations.

5. All purchases of prepaid instruments are NON-REFUNDABLE.

6. All purchases are valid for a period of 3 years from the date of purchase, unless otherwise stated on the particular PPI.

4. RELOADING PREPAID INSTRUMENTS

1. Reloadable PPIs may be reloaded using Debit Cards, Credit Cards, Bank Transfer, Cash/Cheque Deposit at Bank or Cash payment at any of the recognised agent outlets subject to the limits of that particular PPI.

2. Reloads of a PPI are NON-REFUNDABLE.

3. The time taken to reflect usable balance on a reloadable PPI may vary depending on the type of the payment instrument used in the reload. If a reloaded amount does not become usable within 48 hours from the time of deposit, the user may request cancellation of the credit. BWTL shall refund the amount, if it remains unused at the time of request, in the same or similar payment channel chosen at its discretion.

4. By saving payment instruments or accounts like Debit Cards, Credit Cards, etc., in Zeta Account, a User authorises BWTL to debit those accounts to reload the Zeta PPIs upon instruction. User may revoke this authorisation for an instrument by deleting reference to that instrument in his Zeta account.

5. PURCHASE OF GOODS AND SERVICES

1. Zeta PPIs may be used for purchase of good and services in India. Users may use Zeta PPIs for payments ONLY AFTER being satisfied with the purchased goods and services. BWTL shall NOT be liable for any unfulfilled purchases or any misrepresentations of the owners. User is deemed to have verified the quality, quantity or any other parameters of the purchased goods and services before making payment using Zeta PPIs.

2. Usage of Zeta PPIs for payment towards any future deliverables is at the sole discretion and risk of the user. The transaction shall be governed by the Terms and Conditions of the seller. BWTL is deemed to be acting on the instruction of the user and shall not be liable for any such future deliverables promised by the seller. BWTL is neither the intermediary nor the facilitator of such transactions and shall not arbitrate such transactions.

3. Any information presented on Zeta by any user or any third party including sellers is displayed by Zeta as-is. Zeta shall not be liable for any transactions originating from, related to or associated with such information. User is solely responsible for all payment instructions issued by him from his Zeta account or using any of the Zeta PPIs using any available channel.

6. WITHDRAWAL & TRANSFERS

1. No Cash Withdrawal is permitted on PPIs purchased without providing full KYC information to the satisfaction of the Kotak Mahindra Bank. Where permitted, BWTL reserves the right to enable or disable various withdrawal modes like ATMs, Cash Withdrawal at PoS at its own discretion. BWTL reserves the rights to set various limits like per transaction, daily, weekly and monthly transaction value, volume and frequency.

2. BWTL, at its discretion, may offer person to person, person to bank transfers from Zeta PPIs. Such transfers are governed by Domestic Money Transfer (DMT) guidelines issued by Reserve Bank of India. BWTL reserves rights to set different limits for such transactions from time to time, such that those limits are at least as restrictive as the limits specified under DMT guidelines.

3. BWTL may use interbank transfer mechanisms like IMPS and NEFT offered by NPCI. Given the inherent complexity of such mechanisms, BWTL can neither guarantee any time taken to credit the destination bank account nor can it assure success of the transfer. BWTL shall debit the transferring user’s account immediately upon initiation of transfer and shall credit these funds back if it is deterministically known to BWTL that the funds haven’t been received by the destination account and shall never be received.

4. Transferor is solely liable for providing accurate information of the transferee. BWTL shall not be responsible for any errors in the account identifiers or other codes specified to identify the transferee’s account. User shall acknowledge that BWTL has no information to verify the intended recipient of the transfer and shall be indemnified by the transferor of any legal or financial liability arising out of such transfer, whatsoever.

7. CANCELLATION, REFUNDS & CHARGEBACKS

1. Where possible, BWTL may give option to cancel a payment made before it is captured by the Payee. A payment captured by the payee is irrevocable and final.

2. In reload or purchase of PPI transactions, BWTL’s responsibility is to add funds to the PPI being reloaded or purchased. If the funds are delivered to the reloadable PPI or if the non-reloadable PPI is delivered to the user, User shall deem the transaction to be successful to the fullest extent and to his complete satisfaction. Such successful transactions are neither cancellable or refundable.

3. User is liable to BWTL for the full amount of the purchase or reload value of a PPI plus any fees, if the purchase or reload is later invalidated for any reason including but not limited to chargeback, reversal of Transaction, dispute by the owner of funding source of a Transaction. User agrees to allow BWTL to recover any amounts due to it by debiting the Zeta PPIs of the user. If there are insufficient funds in User's PPIs to cover his liability, User agrees to reimburse BWTL through other means. If BWTL is unable to recover the funds from User's PPIs, BWTL may attempt to contact User's Bank and/or recover the funds from User's alternate funding sources, or may at its discretion, can take appropriate legal actions to collect the amount due, to the extent allowed by Applicable Law. In addition, BWTL reserves the right to suspend or terminate one or more PPIs of the user.

4. User has the option to close reloadable Zeta PPIs at any time. The closure of such PPI may be communicated to BWTL over email at [email protected]. Termination will be effective subject to payment of all amounts outstanding on the PPI. No fees charged, if any, to User shall be refunded in the event of termination, suspension or discontinuance of Services.

5. User agrees not to dispute the decision made by BWTL and accept BWTL’s decision regarding cancellations.

8. FEES AND CHARGES

1. All fees and charges related to PPIs, as determined by BWTL will be recovered by a debit to the PPI or through other means as available and applicable. The fee is not refundable.Any government charges, duty or debits, or tax payable as a result of the use of the PPI shall be the User’s responsibility and if imposed upon BWTL or the Kotak Mahindra Bank (either directly or indirectly), BWTL shall debit such charges, duty or tax against the PPI.

2. BWTL reserves the right at any time to charge the User any fees/ charges for the Transactions carried out by using his PPI.

3. Charges applicable for using PPI are subject to change from time to time at the discretion of BWTL. Details of the currently applicable fees and charges as stipulated by BWTL, will be displayed on the Website.

4. Existing Fees Schedule:

Type of Transaction

Fees (INR)

Issuance Fee

NIL

Reloading Fee

NIL

Fund Transfer to other Zeta PPIs

NIL

Fund Transfer to Bank Account

NIL

Service Tax, unless explicitly stated in this Schedule of Charges, as may be applicable from time to time on all fees, surcharge and other charges will be levied to the User.

9. ACCESS PROTECTION & RECLAIMING ACCESS

1. BWTL employs reasonable technology and systems to guard access to User’s accounts and information. However, User acknowledges that he is the solely responsible for protecting account information and that BWTL is providing authentication, authorisation and access control services for his information on a best effort basis and that he cannot hold BWTL or any of its associates or affiliates responsible for any compromise, loss, theft or damage to such information, irrespective of the cause.

2. BWTL may deny access to User’s accounts accounts maintained with it, if it suspects or has reasonable doubt to suspect or if so instructed by competent regulatory or legal authority or upon its sole assessment of risk, abuse and non-compliant activities associated with such account.

3. BWTL may rely on one or more external services for establishing identity and authenticating the user. BWTL cannot assure the credibility and reliability of those services. User acknowledges that reliance on any external services for establishing his identity and/or for authentication is solely his choice and BWTL cannot be held responsible for any outcomes associated with reliance or non-reliance of such external services.

4. BWTL may use multiple mechanisms that rely on user’s information including but not limited to personal, contacts, financial, transactional and biometric data in establishing or re-establishing identity and/or authentication of the user. User acknowledges that no information either singularly or in combination with other information is sufficient to establish true identity and that BWTL’s efforts are on best efforts basis. User indemnifies BWTL of any consequences whatsoever arising out of mistaken identity and/or compromised access irrespective of the reason for such a compromise or vulnerability.

10. FRAUD PREVENTION AND MITIGATION

1. BWTL at its sole discretion may employ multiple mechanisms that rely on User’s personal, transaction, financial, device, location and such other data gathered either directly, indirectly, through telemetry from its own applications or from any third-party applications or various other sources both related to or unrelated to BWTL to detect, prevent, deter, mitigate and expose fraudulent behavior or any suspicious activity.

2. BWTL may rely on third-party systems and tools to safeguard its system from unintended behavior. Such tools may rely on anonymous or non-anonymous information stored, accessed or passes through BWTL services.

11. CONTENT IN APPLICATIONS AND ON WEBSITE

1. BWTL may provide ways Users to post content, request payments or solicit trade through its website, applications and other medium. Such content may also appear in BWTL communication with prospective or current User in any digital, electronic or print forms. BWTL has no control over the existence, quality, safety or legality of the content displayed that is posted by Users and/or third-parties; the accuracy of user or third party content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; the ownership and rights of the content posted.

2. User acknowledges that the User or Third Party Content presented is obtained from sources believed to be reliable. BWTL does not provide any guarantee with respect to such Third Party Content and BWTL shall not be held liable for any loss suffered by Users based on their reliance on or use of such data.

12. TERMINATION OF PPIS

1. To the extent permitted under Applicable Laws, BWTL may at its sole discretion close or wind up any PPI Services or amend any of its features with notice to its Users.

2. User hereby agrees that, upon any closure or winding up of the PPI Services, he may redeem the outstanding balance in PPIs or transfer the same to any PPI or bank account held/maintained by him with any third party with in such time as may be determined by BWTL, failing which, BWTL may transfer the balance in PPI to User's another PPI issued by such entity having authorisation from RBI and with which BWTL has made appropriate arrangements.

13. USER'S RESPONSIBILITY

1. User shall not use any products or services of BTWL to commit, aid, support or conceal any fraudulent, criminal, illegal, prohibited or objectionable activity whatsoever.

2. User shall bring to the notice of BWTL vide email to [email protected] of any violations of these terms and conditions or any suspicious activity as and when he becomes aware of it.

3. User shall acknowledge the risks associated with electronic financial transactions and shall use all such services offered by BWTL at his own risk.

4. User shall, in all circumstances, accept full responsibility for the use of his PPIs, whether or not processed with his knowledge or authority, expressed or implied.

5. User shall keep sensitive information like passwords and various authentication and authorisation codes safely away from reach of any other person or entity. User shall not share his personal devices or give access to his account to any individual or entity. User shall be aware of the risks associated with sharing sensitive information and shall be solely liable for any consequences of intentional or inadvertent sharing of personal or sensitive information.

6. User shall hold BWTL indemnified and harmless for its actions in good faith and in the normal course of business based on Transactions.

14. DISCLAIMER, LIMITATION OF LIABILITY AND INDEMNIFICATION

1. BWTL relies on several third party services in delivering its services. BWTL shall not be held liable for any delays, failures, lack of accurate status or fulfillment of transactions or making available information about past transactions that are dependent on third parties.

2. BWTL makes reasonable efforts affect all payment instructions but assumes no responsibility and shall incur no liability if it is unable to affect any Payment Instruction(s) for any reason whatsoever.

3. BWTL makes reasonable efforts to keep its machines, services available. Several factors outside the control of BWTL may disrupt availability and quality of services. BWTL shall make reasonable efforts to keep users informed about the service quality and availability issues through one or more electronic or digital channels.

4. BWTL may rely on third-party systems and tools to provide its services, applications, support and any other functionality. BWTL may make changes to its reliance on such third-party vendors, service providers, partners or any such other entities without any notice to Users and may hold such information confidentially.

5. BWTL updates its services regularly to provide better experience and/or more capabilities to Users. In the process BWTL may introduce faulty behavior, lose information related to past transactions, discontinue or break previously available services. BWTL shall make all reasonable efforts to restore any unintentional disruptions. However, BWTL services are provided on an "as is" and "as available" basis. BWTL disclaims all warranties of any kind whether express or implied including without limitation, any representation or warranty for accuracy, continuity, uninterrupted access, timeliness, sequence, quality, performance, merchantability, fitness for any particular purpose, non-infringement or completeness. Specifically, BWTL disclaims any and all warranties including, but not limited to any warranties concerning the availability, accuracy, usefulness, correctness or completeness of information, and any warranties of title, warranty of non-infringement, freedom from computer virus, warranties of merchantability or fitness for a particular purpose, other than those warranties which are incapable of exclusion, restriction or modification under applicable laws.

6. No advice or information, whether oral or written, obtained or available on any of the Zeta interfaces or through any other communication channels or through or from any BWTL services shall create any warranty not expressly stated in these T&Cs.

7. While BWTL makes reasonable effort to employ state of the art security measures appropriate for offering its services, it does not assure or guarantee that no person or entity will overcome or subvert the security measures and gain unauthorized access to its services or any accounts accounts maintained with it. BWTL is not liable if any unauthorized person hacks into or gains access to the services or to any User's Account. User shall indemnify BWTL of any liability arising out of such hacks or exploited vulnerabilities.

8. User shall agree to indemnify, defend and hold BWTL and/or related parties harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including and without limitation legal fees and expenses, arising out of or related to the use or misuse of BWTL services or any violation of these T&Cs.

15. GENERAL PROVISIONS

1. ASSIGNMENT: User cannot assign or otherwise transfer this Agreements, or any rights granted hereunder or any obligations, to any third party and any such assignment or transfer or purported assignment or transfer shall be void ab initio. BWTL’s rights and/or obligations under the Agreement are freely assignable or otherwise transferable by it to any third parties without the requirement of seeking User’s prior consent. BWTL may inform User of such assignment or transfer in accordance with the notice requirements under the Agreement on best effort basis.

2. SEVERABILITY: If, for any reason, a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Agreement shall continue in full force and effect. BWTL may amend in a reasonable manner such provision to make it enforceable and such amendment will be given effect in accordance with the amendment terms of this Agreement.

3. WAIVER: Any failure or delay by a party to enforce or exercise any provision of the Agreement, or any related right, shall not constitute a waiver by such party of that provision or right. The exercise of one or more of a party's rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to such party under this Agreement or in law or at equity. Any waiver by a party shall only be made in writing and executed by a duly authorized officer of such party.

4. FORCE MAJEURE: If performance of any service or obligation under this Agreement by BWTL is prevented, restricted, delayed or interfered with by reason of labor disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of BWTL or its third parties performing such services as sub-contractor to BWTL and could not have been prevented by reasonable precautions (each, a "Force Majeure Event"), then BWTL shall be excused from such performance to the extent of and during the period of such Force Majeure Event. BWTL shall exercise all reasonable commercial efforts to continue to perform its obligations hereunder.

5. Notwithstanding the foregoing, such terms of this Agreement as are meant to survive termination / expiry of this Agreement, will survive indefinitely unless and until BWTL chooses to terminate them.

16. ARBITRATION

BWTL may elect to resolve any dispute, controversy or claim arising out of or relating to this Agreement or Service provided in connection with this Agreement by binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996. Any such dispute, controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Mumbai, India and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either User or BWTL may seek any interim or preliminary relief from a court of competent jurisdiction in Mumbai, India, necessary to protect the rights or the property of User or BWTL (or its affiliates, agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither User nor BWTL may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of the arbitration award. All administrative fees and expenses of arbitration will be divided equally between BWTL and User. In all arbitrations, each party will bear the expense of its own lawyers and preparation. The language of Arbitration shall be English

17. GOVERNING LAW AND DISPUTE RESOLUTION

Except as otherwise agreed by the parties or as described in the Arbitration section above, User agrees that any claim or dispute he may have against BWTL must be resolved by a court located in Mumbai, India. You agree to submit to the personal jurisdiction of the courts located within Mumbai, India for the purpose of litigating all such claims or disputes. This Agreement shall be governed by the laws of India, without giving effect to any principles of conflicts of law.

18. PRIVACY POLICY

ZETA Meal Vouchers – TERMS AND CONDITIONS

The following Terms of Use (“Terms and Conditions”) are inter alia a binding agreement between you and Better World Technology Private Limited (“BWTL”). BY PURCHASING OR USING ZETA MEAL VOUCHERS, YOU AGREE TO BE BOUND BY THESE TERMS.

The Terms and Conditions are also binding on a Beneficiary (as defined hereafter), to the extent applicable, ON THE USE OF ZETA MEAL VOUCHERS BY SUCH BENEFICIARY. IF THE BENEFICIARY DOES NOT ACCEPT THESE TERMS, SUCH BENEFICIARY CAN NOT USE ZETA MEAL VOUCHERS.

All the rights, benefits, liabilities & obligations under the following terms & conditions shall accrue to the benefit of BWTL.

1. DEFINITIONS

a) "Purchaser" or "You" shall mean a person who purchased the Zeta Meal Vouchers for his/her own use or to distribute it to his/her employees or other related parties and who has accepted these Terms and Conditions.

b) "Affiliate” shall mean any merchant that has an agreement with BWTL to accept payment using Zeta Meal Vouchers.

c) "Beneficiary" shall mean an employee of the Purchaser who has been given Zeta Meal Vouchers for his/her use by the Purchaser.

d) "Charge(s)" or "Service Charge" shall mean the charges that BWTL may levy upon You in consideration for use of Zeta Meal Vouchers.

e) "KYC" stands for Know Your Customer and refers to the norms, rules, laws and statutes issued by RBI from time to time under which BWTL is required to procure personal identification details from You and / or any Beneficiary before any services can be delivered. Know Your Customer (KYC) documents may be required by BWTL from the Purchasers and / or the Beneficiary at the time of Registration and/ or on a later date, for use and / or continued use of Zeta Meal Vouchers.

f) "RBI" means the Reserve Bank of India.

g) "Transaction" means the purchase of goods or services from Affiliate by using Zeta Meal Vouchers as the method of payment.

h) "Zeta Account" means the electronic account opened by the Purchaser [with BWTL][1] to facilitate the purchase of Zeta Meal Vouchers by the Purchaser.

i) "Zeta Meal Vouchers" shall mean the vouchers (whether electronic or otherwise) issued by BWTL to a Purchaser which may be used by a Beneficiary for the purchase of food and non – alcoholic beverage from the Affiliate.

2. PAYMENT AND CHARGES

2.1. You shall pay the Service Charges, fees, other charges, and costs as prescribed by BWTL in the form and manner prescribed for such payment. BWTL may, at its discretion, change, amend, increase, or reduce the Service Charges without prior intimation to the Purchaser or the Beneficiary.

2.2. BWTL may, upon the written instructions of the Purchaser, set off any balance or cancel any Zeta Meal Vouchers held by a Beneficiary to extent transferred by the Purchaser to the Beneficiary.

3. PURCHASER OBLIGATIONS

3.3. The Purchaser shall ensure that:

(a) Zeta Meal Vouchers are purchased for self consumption or purchased to distribute persons directly related to the Purchaser like genuine employees, family members or friends;

(b) Prior to distributing any Zeta Meal Vouchers, it must verify the identity of each Beneficiary through their name, mobile number, and email addresses and must maintain such records so that this can be provided to RBI or other regulatory authorities, if required;

(c) No unauthorized personnel are permitted to either access the Zeta Account or carry out any transactions involving the purchase of Zeta Meal Vouchers;

(d) It shall notify the content of these Terms and Conditions to the Beneficiary and shall ensure that the Beneficiary has read, understood, and complies with such terms;

(e) It shall not use or allow any Beneficiary to use Zeta Meal Vouchers for any purpose that is contrary to any applicable law, regulation, guideline, judicial dicta, BWTL privacy policy or public policy or for any purpose that might negatively prejudice the goodwill of BWTL or the Zeta brand. The Purchaser shall, without delay, report any misuse of Zeta Meal Vouchers by any Beneficiary to BWTL. The Purchaser will also blacklist any such Beneficiary and shall not grant any additional Zeta Meal Vouchers to such Beneficiary.

(f) It shall intimate BWTL about change in the Purchaser's details previously furnished to BWTL, if any, in writing along with such proof as may be necessary;

(g) It shall inform Beneficiaries that Zeta Meal Vouchers should be only used for purchasing food and non –alcoholic beverages. Zeta Meal Vouchers cannot be exchanged for a cash equivalent. If the value of the food or non – alcoholic beverage consumed by the Beneficiary is less than the value of the Zeta Meal Vouchers given to the Affiliate, no cash for the balance amount will be given to the Beneficiary or the Purchaser.

3.4. Zeta Meal Vouchers are non-reloadable digital prepaid instruments issued by the Kotak Mahindra Bank. The vouchers should consumed before the expiry time indicated on the digital booklet. Any Zeta Meal Vouchers which is not utilized within this time period may stand forfeited at the discretion of BWTL. BWTL will send an advance communication to the Purchaser 15 (fifteen) days prior to the expiry of the vouchers alerting it to the forfeiture of the outstanding amount of Zeta Meal Vouchers. Expired Zeta Meal Vouchers may be revalidated by BWTL at the request of the Purchaser subject to such terms and conditions and payment of such fees as may be prescribed by BWTL.

3.5. BWTL reserves the right to suspend/discontinue the Zeta Account of a Purchaser and / or cancel the Zeta Meal Vouchers issued to the Purchaser at any time, for any cause, including, but not limited, any of the following:

(a) For any suspected violation of the rules, regulations, orders, directions, notifications issued by RBI from time to time or for any violation of the Terms and Conditions;

(b) If any information provided by the Beneficiary or the Purchaser is inaccurate, false or misleading;

3.6. No interest shall be payable by BWTL on the Zeta Meal Vouchers. The Zeta Meal Vouchers is non – reloadable by the Beneficiary or Purchaser.

3.7. The Purchaser hereby declares that neither its name, nor that of any of its Beneficiaries, appears in the consolidated list of terrorist individuals/ organizations as circulated by the RBI from time to time.

4. BENEFICIARY OBLIGATIONS

4.8. Upon use of Zeta Meal Vouchers, it is deemed that the Beneficiary has unconditionally agreed to be bound by these Terms and Conditions (as may be modified and updated by BWTL from time to time), including without limitation, and any other terms and condition as may be intimated by BWTL to the Beneficiaries.

4.9. The Beneficiary shall ensure that:

(a) it uses Zeta Meal Vouchers only for the purchase of food and non – alcoholic beverage from an Affiliate or a recognized eating outlet;

(b) it informs BWTL of any attack or malicious activity on his/her electronic device that runs the software provided by BWTL to use the Zeta Meal Vouchers and should immediately uninstall such software to protect himself/herself from loss of value;

(c) update the software provided by BWTL to use the Zeta Meal Vouchers from time to time and as made available through legal distribution channels; and

(d) it only uses Zeta Meal Vouchers for bona fide Transactions with Affiliates or recognised merchants for the products/services available therein. Withdrawal of cash and refunds from the Zeta Meal Vouchers is not permitted.

4.10. The Beneficiary shall not:

(a) use Zeta Meal Vouchers unless such Beneficiary is of 18 years of age;

(b) transfer the Zeta Meal Vouchers to any other person;

(d) use Zeta Meal Vouchers for any purpose that is contrary to any applicable law, regulation, guideline, judicial dicta, Zeta policy or public policy or for any purpose that might negatively prejudice the goodwill of BWTL or of the Zeta brand; and

(e) use Zeta Meal Vouchers for any Transactions in foreign currency. Zeta Meal Vouchers is issued and shall be valid only in India and shall only be used for purchase of products from Affiliates or Zeta recognized merchants in India.

4.11. The Beneficiary authorizes BWTL / a distributor of Zeta Meal Vouchers to use the value stored against Zeta Meal Vouchers to set off any negative balance in the Beneficiary’s account caused by overspend by a Beneficiary by using previous Zeta Meal Vouchers. Beneficiary agrees to pay stipulated fines for any overspend by such Beneficiary leading to any negative balance.

5. ADDITIONAL T&CS

5.12. When the Beneficiary acquires any goods, software or any other services from an Affiliate or Zeta recognized merchant using the Zeta Meal Vouchers, the Beneficiary understands and agrees that, BWTL is not a party to the contract between the Beneficiary and the merchant. BWTL does not endorse any advertiser or Affiliate. BWTL is under no obligation to monitor the goods and services of the Affiliate; the Affiliate alone will be responsible for all warranties or guarantees for goods/services. Any dispute with or complaint against any merchant must be directly resolved by the Beneficiary with such merchant. BWTL shall not be responsible or liable for any deficiency in goods and/or services purchased using Zeta Meal Vouchers. This exclusion of liability shall apply even for goods and/or services made available by BWTL under promotional schemes. The Beneficiaries are instructed to satisfy themselves regarding the quality, quantity and fitness of any goods and/or services before purchase.

5.13. Any amount transferred erroneously by the Beneficiary to any merchant SHALL NOT BE refunded to the Purchaser or the Beneficiary by BWTL in any circumstances. BWTL shall not be liable for any loss or misuse of the Zeta Meal Vouchers.

5.14. In the event of any dispute, cryptographic proofs submitted either by merchant or provided by BWTL shall be binding as the conclusive evidence of the Transactions carried out through use of Zeta Meal Vouchers.

5.15. BWTL shall send all customer communications using one or more electronic channels like SMS, email, push notifications. The messages shall be deemed to have been received by the User after it have been submitted for delivery to the mobile phone operator or to the corresponding platform owner.

5.16. The Purchaser and the Beneficiary agree to receive all commercial messages including transactional messages from BWTL.

6. DISCLAIMER

WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE ZETA ACCOUNT, ZETA MEAL VOUCHERS, AND ANY SOFTWARE PROVIDED BY BWTL TO USE THE ZETA MEAL VOUCHERS AND ANY SERVICES OFFERED. WE EXPRESSLY DISCLAIM THE IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE.

We provide the Zeta Account, Zeta Meal Vouchers, any software provided by BWTL to use the Zeta Meal Vouchers, and any other technology and services on an “as is”, “where is”, “with all faults” basis. We do not warrant that the Zeta Account, Zeta Meal Vouchers, any software provided by BWTL to use the Zeta Meal Vouchers, or any other technology and services will be uninterrupted, error-free, available or operational at any particular time, or that any known defects will be corrected.

7. LIMITATION OF LIABILITY

7.17. Notwithstanding anything to the contrary contained herein, neither BWTL, nor its affiliated companies, subsidiaries, officers, directors, employees or any related party shall have any liability to a Purchaser or Beneficiary or to any third party for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or relating to these terms and conditions, Zeta Account, Zeta Meal Vouchers, any software provided by BWTL to use the zeta Meal Vouchers, and any other technology and services provided by BWTL, even if any of said parties had been advised of, knew of, or should have known of the possibility of such damages.

7.18. To the maximum extent permitted by law, our maximum aggregate liability to any purchaser or beneficiary for any causes whatsoever, and regardless of the form of action (whether liability arises due to negligence or other tort, breach of contract, violation of statute, misrepresentation or for any other reason), will at all times be limited to INR One Thousand (INR 1000).

7.19. NO REFUNDS OR RETURNS. Zeta Meal Vouchers are non-reloadable, non-transferable prepaid vouchers. Once issued the vouchers cannot be exchanged. BWTL does not entertain any returns of vouchers. All transactions made using Zeta Meal Vouchers are also deemed final. BWTL cannot offer any returns, exchanges or refunds for any transaction.

8. MISCELLANEOUS

8.20. Compliance with law: Zeta Meal Vouchers are non-reloadable prepaid instruments issued by Kotak Mahindra Bank and are governed by RBI directions on Issuance and Operation of Pre-paid Payment Instruments in India (Reserve Bank) Directions, 2009 (as amended and supplemented from time to time) and is also subject to directions / instructions issued by the RBI from time to time in respect of redemption, repayment, usage etc.

8.21. Indemnity: The Purchaser and the Beneficiary agree to indemnify, defend and hold BWTL and/or related parties harmless from any and all claims, losses, damages, and liabilities, costs and expenses, arising out of or related to use or misuse of the Zeta Meal Vouchers and / or Zeta Account, any violation of these Terms and Conditions.

8.22. Assignment: BWTL shall have the right to assign/transfer its rights and obligations under this agreement to any third party without prior consent of the Purchaser or Beneficiary. The Purchaser and the Beneficiary cannot assign the Terms and Conditions or delegate any obligations under these Terms and Conditions without the express written consent of BWTL.

8.23. Amendment: BWTL reserves the right to amend, modify, change, add or terminate (collectively “Changes”) the Terms and Conditions, the terms for use of Zeta Meal Vouchers or Zeta Account, at any time in its sole discretion. The Purchaser and the Beneficiary’s continued use of Zeta Meal Vouchers or the Zeta Account shall be deemed to be the Purchaser and the Beneficiary’s acceptance of any such Changes.

8.24. Choice of law: These Terms and Conditions shall be governed by, and construed in accordance with, the laws of India. Purchaser and the Beneficiary agree that the courts of Mumbai shall have exclusive jurisdiction over any dispute with BWTL.

8.25. Intellectual property rights: We, or our licensors, own all right, title and interest, including, but not limited to all copyright, trademark, patent, trade secret or other proprietary rights (“IP Rights”), in and to the Zeta Account, Zeta Meal Vouchers, and any software provided by BWTL to use the Zeta Meal Vouchers, the usage data. Unauthorized use of the IP rights is strictly prohibited and all rights are expressly reserved to BWTL.

8.26. Relationship: The Purchaser and BWTL are independent contractors and nothing in these Terms and Conditions shall be deemed to create an agency or employment relationship, a franchisor - franchisee relationship, joint venture or partnership.

8.27. Severability: Should any provision of these Terms and Conditions be deemed unenforceable or invalid, the other provisions of these Terms and Conditions shall remain in full force and effect.

8.28. Prior discussions: These Terms and Conditions constitute the entire agreement between the Purchaser and the Beneficiary (as applicable) and BWTL regarding its subject matter and supersede all prior and contemporaneous undertakings and agreements between the parties, whether written or oral, with respect to that subject matter.

8.29. Information: Any information provided to BWTL by the Purchaser or the Beneficiary in connection with use of Zeta Meal Vouchers shall vest with BWTL, and may be used by BWTL, for any purpose consistent with any applicable law or regulation, at its discretion. Information submitted by the Purchaser or the Beneficiary for availing Zeta Meal Vouchers and/or information submitted while using the Zeta Account may be shared with Affiliate, merchant, service provider or any third party by BWTL, inter alia, to facilitate the provision of Zeta Meal Vouchers.

9. GRIEVANCE OFFICER

Any violation of the terms by Purchasers, Affiliates, Merchants or the Beneficiaries or any concerns or disputes may be reported to the BWTL Grievance Officer at [email protected]. BWTL shall address the complaints within a stipulated time based on the nature of the query but in no case more than 30 days from the date of complaint.

10. PRIVACY POLICY