Service Payments on MobiStorm Terms & Conditions
Disclaimer: In the event of any discrepancy or conflict, the English version will prevail over the translation.
These terms & conditions ("Terms") are applicable to availing, on the website www.MobiStorm.in and the corresponding mobile site and mobile application (collectively, "Website"), of the service of collection of amounts towards:
- payment of the Bills (defined below) presented electronically ("Bill Payment") issued by the entity that offers the utility services or otherwise (including credit card bills) and requests payment from its customers ("Service Provider");
- making a recharge electronically ("Recharge") for use of the underlying services (mobile or DTH or Cable TV or FasTag or subscriptions) by the Service Provider; and
- payment of premiums of insurance policies ("Insurance Payment").
For these Terms, Bill Payment, Recharge and Insurance Payment are collectively referred to as "Service Payment".
The Terms govern your usage of Service Payments and are agreed between you and MobiStorm Seller Services Private Limited ("MobiStorm"), where MobiStorm facilitates the collection and settlement of the amounts of Service Payments through authorised third-party service providers.
If you have opted to avail Bill Payment, Recharge or Insurance Payment on the Website, your availing of Bill Payments, Recharges or Insurance Payments is also governed by the Conditions of Use and Privacy Notice of the Website, available at Conditions of Use and Privacy Notice respectively, as well as all other applicable terms, conditions, limitations, and requirements on the Website, all of which (as changed over time) are incorporated into these Terms.
Please read these Terms carefully before placing an order for a Service Payment on the Website. Your usage of Service Payment shall signify your agreement to be bound by these Terms, as amended from time to time.
- Service Payments
1.1. The Service Payment is made available to you on the Website by MobiStorm, where MobiStorm facilitates the collection, payment and settlement of Bill Payment, Recharge, Insurance Payment, or a bill, invoice, statement of charges or any other similar document issued to you by a Service Provider ("Bill"). MobiStorm facilitates the Service Payment transactions by enabling you to make payments towards the Bill, regardless of whether the Bill has been accurately issued or not.
1.2. It is clarified that the Bill in relation to a Service Payment on the Website is issued by the Service Provider to you for an underlying service offered by the Service Provider and a Recharge is made on the Website to avail the underlying service offered by the Service Provider and an Insurance Payment is made on the Website for payment of the premium of your insurance policy.
1.3. By using Service Payments, you agree to be responsible and liable for the payment of a Bill issued by a Service Provider.
1.4. Any Service Payment made on the Website only absolves you of your responsibility or liability to pay to the Service Provider only once. A confirmation by MobiStorm that the Service Payment has been successfully completed does not make MobiStorm responsible or liable, in any manner, for any Service Payments arising in the future.
1.5. You acknowledge that all Service Payments are final, and no refund or transfer is permitted, in whole or in part, for the amount paid by you towards Service Payments.
1.6. You are solely responsible for the customer identification number, Bill reference number or any other Service Payment identifier required by the Service Provider (such as mobile number) against which you make the Service Payment.
1.7. By making a Service Payment for a particular Bill once on the Website, you accept these Terms and also authorise and consent for MobiStorm to obtain the Bills for the future durations.
1.8. While MobiStorm endeavours to have your Service Payment processed and settled in a timely manner, please note that there may be certain scenarios when the payment towards a Bill does not immediately reflect in the said Bill. If for a particular Service Payment performed by you, money has been charged to your payment method however the payment towards the said Bill is not reflected with the Service Provider within three (3) working days of the completion of the Service Payment, then you may reach out to us for a confirmation on successful payment, through Customer Service (available here: https://www.mobistorm.in/gp/help/customer/contact-us) or directly to the concerned Service Provider, with the reference numbers and Service Payment details.
- Charges for Service Payments:
2.1. MobiStorm reserves the right to charge, and recover from you, any fees or charges for availing Service Payments on the Website. When and where applicable, these fees or charges shall be displayed on the Website and will apply to you from the time they are posted on the Website.
2.2. You agree to bear any and all applicable taxes including but not limited to GST, duties and cesses etc., in connection with the Service Payment and the charges or fees that MobiStorm may levy.
- Reminders for future Service Payments:
MobiStorm may also send payment reminders to you for Service Payments that are due and payable to the Service Provider, provided however the non-receipt of any reminder from MobiStorm does not absolve you from your liability to make payments towards the Bill. If you wish to not receive such Service Payment reminders you can withdraw your consent by disabling such reminder notification from Account Settings or by clicking on unsubscribe link provided under such reminder notification. MobiStorm will not be responsible for any of your acts, including any non-payment of any Bill.
- Our Contract:
Your order for Service Payment is an offer to MobiStorm to avail Service Payments towards the Service Provider for the Service Payment or Recharge or Insurance Payment selected by you in your order. When you place an order to avail Service Payments on the Website, an email confirming receipt of your Service Payment is dispatched to your registered email address ("Order E-Mail"). The Order E-mail is an acknowledgement that your order has been received and does not confirm acceptance of your offer to make a Service Payment. We only accept your offer, and conclude the contract between you and MobiStorm for the Service Payment, when your Service Payment is accepted by the authorised third-party service provider engaged by MobiStorm for payment to the concerned Service Provider and an e-mail confirmation is sent to you.
- MobiStorm role:
5.1. You agree and acknowledge that MobiStorm is only a facilitator and is not and will never be a party to or control in any manner any transactions with any Service Provider or those to which a Bill relates. MobiStorm is not a party (in any manner) to any arrangement between you and the Service Provider. MobiStorm never assumes any payment obligation in relation to the Service Payment, neither towards you nor towards a Service Provider.
5.2. Without prejudice to anything contained in these Terms, you agree that MobiStorm is:
(a) only a facilitator of Service Payments, i.e. the payments between you and the Service Provider for the services you avail from the Service Provider;
(b) not a party to Service Payment;
(c) not a payment system provider in relation to its role under these Terms;
(d) not responsible to you in any manner whatsoever, with respect to processing and settlement of payment relating to the Service Payments, as MobiStorm is only facilitating the Service Payment;
(e) not and will not be responsible for any aspect of the Service Payments;
(f) not a party to and will not be responsible for any disputes, chargebacks or reversals arising pursuant to the Service Payments, as MobiStorm is only facilitating the Service Payment; and
(g) not responsible for any of your acts, including, non-completion of a Service Payment or non-payment of any Bill.
- Disclaimer:
6.1. Service Payments or any information in relation thereto is displayed and provided on the Website on 'as is' and 'as available' basis without any representation or warranties, express or implied, to the maximum extent permitted by applicable law, unless otherwise specified in writing. MobiStorm disclaims all representations or warranties, express or implied, with respect to the offering of or availability of Service Payments, including without limitation, any express or implied representation or warranty of merchantability or fitness for a particular purpose. You agree and acknowledge that the use of Service Payments on the Website is at your sole risk. Without prejudice to the foregoing, MobiStorm or its affiliates do not warrant that the services will meet your requirements or will be free of errors or deficiency.
6.2. MobiStorm shall not be liable / responsible for any defect in the services availed by you from a Service Provider and does not make any representation or warranties, express or implied, thereto. MobiStorm or its affiliates will not be liable, in any manner whatsoever, for any actions of a Service Provider or any loss caused to you due to any action of a Service Provider. MobiStorm shall not mediate or resolve any dispute or disagreement (including without limitation chargebacks or reversals) between you and the Service Provider or the sellers or merchants of the services.
6.3. Except as specified under these Terms, MobiStorm is not and will not be responsible for any aspect of Service Payment.
6.4. You acknowledge that MobiStorm assumes no responsibility and shall incur no liability, if it is unable to affect the payments towards any Bill / Service Payment owing to any of the following circumstances:
(a) If the payment instruction issued by you is incomplete, inaccurate, invalid or delayed;
(b) If the payment account has insufficient funds or limits to cover for the amount of the payment instruction or the Bill;
(c) If the funds available in the payment account are under any encumbrance or charge;
(d) If your bank or the National Clearing Centre refuses or delays to honour the payment instruction for any reason;
(e) If Service Payment is not processed by the biller/Service Provider; and
(f) If the Service Payment is not processed by the fulfiller in a timely manner.
- Alteration or Amendments to the Terms:
MobiStorm reserves the right to make changes to our policies, and these Terms at any time without prior notice. You will be subject to the policies and Terms in force at the time you make a Service Payment on the Website. If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
- Events beyond our reasonable control:
MobiStorm will not be held responsible for any delay or failure to comply with the stated obligations under these Terms or to process or settle any Service Payment made by you, if the delay or failure arises from any cause which is beyond the reasonable control of MobiStorm. Circumstances beyond the control of MobiStorm may include (but not limited to) natural disasters, bank strikes, power failure, systems failures like computer or telephone lines breakdown due to an unforeseeable cause or any interference or disruption. This condition does not affect your statutory rights.
- Waiver:
If you breach these conditions and no action is taken against you, MobiStorm will still be entitled to use its respective rights and remedies in any other situation where you breach these Terms.
- Communications:
When you send e-mails to MobiStorm, you are communicating with us electronically. We may communicate with you by e-mail, SMS, phone call or by posting notices on the Website or by any other mode of communication. For contractual purposes, you consent to receive communications including SMS, e-mails or phone calls from MobiStorm or through its affiliates with respect to your order.
- Limitation of Liability:
IN ADDITION TO OTHER LIMITATIONS AND EXCLUSIONS IN THE WEBSITE'S CONDITIONS OF USE, IN NO EVENT WILL MobiStorm OR ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO SERVICE PAYMENTS. THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
- Governing Law and Jurisdiction:
These Terms are governed by and construed in accordance with the laws of India. You agree, as we do, to submit to the exclusive jurisdiction of the courts at Bangalore. You agree to indemnify MobiStorm for all claims brought by a third party (including without limitation the Service Provider) against it or its affiliates arising out of or in connection with a breach of any of these Terms and your use of Service Payment.
- General and other information:
Service Payments are offered in relation to services provided by a host of Service Providers. Specific information for a particular type or category of Service Provider can be attained from the FAQs page.
- Contact Information
You could direct any questions, comments or complaints related to Service Payments to MobiStorm through Customer Service section, available here: info@mobistorm.in
