Tez Terms of Service

Last Updated: 18 September 2017

1. Introduction

Applicable Terms. Thank you for using Tez. Tez is a service provided by Google India Digital Services Private Limited with registered office at Unit 207, 2nd Floor Signature Tower-II Tower A, Sector 15 Part II Silokhera, Gurgaon, Haryana, India, 122001 ("Google"). By accessing, downloading or using Tez, you are hereby given a limited license to use the Tez Service, subject to your agreement of the following:

  1. the Google Terms of Service (the "Universal Terms");
  2. this Tez Terms of Service (the "Tez ToS");
  3. the Google Privacy Policy (the "Privacy Policy").
  4. the Tez Policies (the "Tez Policies"); and
  5. Tez Contest Rules

These five documents are collectively referred to herein as the "Combined Tez Terms."

Please read each of these documents carefully, starting with the Universal Terms. If you do not understand these documents or do not accept any part of them, then you should not use Tez. You understand and agree that Google reserves the right to update the Combined Tez Terms from time to time. If there is any conflict between the Tez ToS and the Universal Terms, the Tez ToS shall prevail.

You also understand and agree that Google reserves the right to use the services of its Group Companies to provide any of the Tez Services to you, on behalf of Google.

2. Definitions

Definitions appearing in this Tez ToS:

"Applicable Law" means any and all laws, rules and regulations applicable to the Service(s).

"Funding Account" means a credit card, debit card, bank account, or e-wallet that is registered or used by you to fund Transactions, including Peer to Peer Payments made by you using Tez.

"Google Account" means the account you create with Google or Group Companies for the use of Tez Services and other Google services, as defined in the Universal Terms.

"Google Group Companies" or "Group Companies" means Google’s parent, its subsidiaries and associate companies, and the parent’s ultimate holding company and its direct or indirect subsidiaries, including their associate companies.

"NPCI" means the National Payments Corporation of India.

"P2P Service" means the Tez Services for facilitating P2P payment transactions.

"P2P Payment" or "Peer to Peer Payment" means a payment initiated by a User using the P2P Service that debits (or charges) a Funding Account of the User (i.e. Sender) and makes the funds available in the Payment Instrument designated by the Recipient.

"Partner Banks" means the banks with whom Google has a settlement account in the form of a nodal account, escrow account, internal inoperative account and/or current account; through whom Google settles the payments received by the Sender to the Recipient or the bank which provides services for settlement while using their internal accounts.

"Payment Instrument" means, including but not limited to, a credit card, debit card, bank account, or prepaid payment Instrument, including e-wallets and gift cards issued under the laws of India. Not all Payment Instruments are eligible for use with all Services.

"Payments System Providers" means banks, financial institutions, card associations, and other payment system providers (as defined under the Payment and Settlement Systems Act, 2007), with whom Google has entered into an arrangement to facilitate Payment Transactions (as defined below) using Payment System Provider Services.

"Payments System Provider Services" means payment gateway system/interface/services provided to route payment instructions to Payments Participants for (i) Card or UPI based transactions; (ii) net banking facilities; (iii) provide authentication and authorization from issuers, card associations, National Payment Corporation of India and/or other third party clearinghouses; and/or (iv) provide settlement facilities in respect of payment instructions initiated by the User.

"Payment Participants" shall mean all the parties involved in the payment system including but not limited to Payments System Providers, acquiring banks, Partner Banks, the issuer bank of the Sender’s Funding Account, the issuer bank of the Recipient bank account, the issuer of the Payment Instruments, card associations, National Payments Corporation of India, Reserve Bank of India, etc.

"Recipient" means a User, merchant or third party who receives a payment from the Sender.

"Sender" means a User who uses the Tez Services to send a payment to a Recipient.

"Tez Service(s)" or "Service(s)" means the Payment Transaction facilitation services and other ancillary services provided by Google through the Tez app.

"Transaction" or “Payments Transaction” means (i) the payment request made by the User for sending or receiving payments and (ii) the payment instructions provided by the Sender for debit of his/her Funding Account and/or (iii) the settlement of the payments to the Recipient.

"UPI" means the unified payment interface.

"User" means a person who registers for Tez Service(s) to send or receive payments.

"We," "we" or "us" means Google.

"You," "you", or "your" means a User.

3. Scope of Tez Services

The Tez Application ("Tez") is a payment solution application which facilitates Payment Transactions. Through Tez, you may send payments to other Users, merchants or third parties using your UPI account, debit card, credit card, net banking accounts and/or any other Payment Instruments accepted through Tez. You may also receive payments from other Users or third parties in the Payment Instrument you designated in Tez to receive funds.

The Payment Transactions carried out through Tez are solely between the Sender and the Recipient of the payment. We are an intermediary creating a link between you and the respective Payment System Providers, enabling you to make and/or receive payments using Payment System Provider Services.

Once the payment instruction has been authenticated, authorised and processed through the Payments System Provider Services, the payment may be settled directly to you by the Payments System Providers or through the settlement facilitation services provided by the Partner Banks.

You hereby direct and authorize us to receive, hold, disburse and/or settle the payments to you or on your behalf using Partner Banks’ services and in accordance with and subject to the provisions of the Combined Tez Terms.

4. Your Use of Tez

Age Restrictions. In order to use Tez, you must be 18 years of age or older. You must not access Tez or accept these Combined Tez Terms if (a) you are under the age of 18 or (b) you are a person who is either barred or otherwise legally prohibited from accessing or using Tez under the laws of India.

If you allow anyone to use your Google Account on Tez, including individuals under 18 years of age, you will still be responsible for ensuring that such individuals comply with the Combined Tez Terms. You will be responsible for all actions these individuals take in and/or through your Google Account on Tez.

Territorial Restrictions. To use Tez, you will need to be physically located in India when establishing your Google Account on Tez, have an Indian bank account and an Indian mobile number.

Basic Use Requirements.  You will need a mobile, internet or other supported device ("Device") that meets certain system and compatibility requirements, which may change from time to time. Your ability to use Tez and the performance of your Tez application may be affected by these factors. You agree that you are responsible for such requirements, including any applicable changes, updates, fees and all other terms provided under your agreement with your mobile device and telecommunications provider. Google will not be responsible for any lapse of security or failed Transactions due to your internet or mobile service provider.

Updates. You may need to install updates to your Tez App or related Google software that Google introduces from time to time to access, use, or continue to use Tez Services. Your Tez App may communicate with Google servers from time to time to check for available updates to Tez, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, "Updates"). Your use of Tez requires that you have agreed to receive such automatically requested Updates. If you do not agree to such automatically requested and received Updates, then please do not use the Tez App. Notwithstanding the foregoing, Google may update the Tez App to a new version of such app, irrespective of any update settings that you may have selected within the Tez App or your device, if Google determines that the update will fix a critical security vulnerability related to the app.

5. Setting Up Tez and UPI Services

You must have a Google Account to use Tez. If you do not already have a Google Account, you may register for one on Tez.. When you login to your Google Account on Tez, your Tez Services will be activated, subject to you accepting these Combined Tez Terms.

During the login/registration process or anytime thereafter, you may be asked to provide information such as your name, phone number, Payment Instrument information (including, but not limited, your bank name and bank account number, credit card/debit card details, if applicable), date of birth, and/or other registration information. We may verify your registration information with a Third Party Provider, as defined below. In some cases, we may ask you to send us additional information/documentation or to answer additional questions (before or after your Google Account on Tez has been activated) to help us verify your identity or the accuracy of the information you provided. The provision and use of such data is subject to the Google Privacy Policy, as described more fully in Section 14 below. The information you provide will be used by us to determine if you are eligible to begin and/or continue to use Tez. We may deny your use of the Tez Services, if we are unable to verify that the accuracy or completeness of the information and documentation you provided or we determine that you are not eligible to use Tez, pursuant to the Combined Tez Terms or the Payment Participant Rules.

Setting up UPI Services

If you desire to use the Unified Payments Interface to send or receive payments, you may use Tez to register with a UPI Payments System Provider partnered with Google and create your UPI user credentials, such as your UPI ID (virtual payment address) and/or UPI PIN (MPIN) linked. Once you have registered for UPI services, you can send payments from your bank account or receive payments into your bank account using UPI through Tez.

6. Payment Participants and Third Party Providers

Communications with Payment Participants

By electing to use Tez, you authorize Google to communicate with the Payment Participants or any Third Party Provider to provide or obtain any information including your personal information, for the purpose of processing Transaction or providing Tez Services.

Compliance with Payment Participants’ Rules. As you will be using Payment Participants’ services to process your payment instructions, you consent and agree to comply with the rules, guidelines, directions, instructions, requests, etc. ("Rules") issued by the respective Payment Participants from time to time. You acknowledge and agree that You are responsible for keeping yourself up-to-date and complying with all such Rules. If You fail to comply with the obligations imposed on You by Google or the Payment Participants, we may suspend or terminate your Google Account on Tez. For the avoidance of doubt, the Payment Participant Rules are between you and the respective Payment Participant. Google is not liable for any actions or inactions of such Payment Participants.

Google’s Use of Third Party Providers. In addition, Google may have arranged for third party providers to provide products or services to you through Tez ("Third Party Providers"). In order to use these products or services, you may be required to agree to additional terms and conditions from such Third Party Providers, and may be subject to additional requirements of the Third Party Provider. By agreeing to these Combined Tez Terms or continuing to use Tez Services, you hereby agree to any Third Party Provider terms that apply to your use of such products and services through Tez, which may be updated from time to time. For the avoidance of doubt, the Third Party Provider terms are between you and the applicable Third Party Provider, not Google. Google is not liable for any actions or inactions of such Third Party Providers.

7. Fees

Payment Participants or Third-Party Fees. You may incur access or data fees from the Payment Participants or Third Party Providers in connection with your use of Tez. You are responsible for all such fees.

Google Fees. Fees may be applied to certain transactions. Prior to completing each Transaction, you will be notified of any fees that may apply. Fees may be determined by Google in its sole discretion and any fees charged will be inclusive of all applicable taxes.

8. Transactions using Tez Services

Limitations on the Use of the Tez Service. We or the Payment Participants may establish general practices and limits concerning use of Tez. We reserve the right to change, suspend or discontinue any aspect of Tez at any time, including hours of operation or availability of Tez Services or any Tez Service feature, without notice and without liability. We also reserve the right to impose limits on certain features or restrict access to parts or all of the service without notice and without liability. We may decline to process any Payment Transaction without prior notice to Sender or Recipient. We also reserve the right to automatically block any communication received by a User from a non-Tez account, including any payment requests, that we deem to be spam or a fraudulent communication.

We do not warrant that the functions contained in Tez will be uninterrupted or error free, and we shall not be responsible for any Service interruptions (including, but not limited to, power outages, system failures or other interruptions that may affect the receipt, processing, acceptance, completion or settlement of payment transactions).

Transaction Limits. Each Transaction is subject to minimum and maximum Transaction limits that may be set by Google, a User, and by the Payment Participants. In addition, Google and the Payment Participants may also reject/suspend Transactions (in whole or in part) on your Google Account on Tez based on their policies and assessment.

Transaction Records. Records of your Transactions will be reflected in your conversation history and Transaction history in your Tez application. You are responsible for reviewing your Transaction activity to determine if there are any errors or unauthorised transactions, and for alerting Google of such event, in accordance with the Combined Tez Terms.

Permissible Transactions. You may only use Tez Services to process a Transaction to make payment for legitimate and bona fide purposes including purchase of goods and services. You may not use Tez Service to process Payment Transactions in connection with the sale or exchange of any illegal goods or services or any other underlying illegal transaction.

You agree that you will not use the Tez Service to process Transactions that violate the Combined Tez Terms Payment Participant Rules, Applicable Law or other policies or rules applicable to Tez Services. You should review the Tez Policies to understand the rights and obligations that you may have with respect to your Tez Transactions. The Tez Policies establishes the purposes for which Tez Services may not be used to make or receive payments. Failure to comply with the Tez Policies and the restrictions thereunder may result in rejection of your Transaction or suspension or termination of your use of Tez Service.

9. Communication with Others

You may communicate with other Users or merchants through the Tez application. Any communication between you and other Users or merchants are between the parties and Google is not responsible for any the content in the communications including but not limited to any commitments or offers made.

10. Refunds, Chargebacks, and Disputes

Refunds and Chargebacks. Except as set forth in these Combined Tez Terms, all transactions processed through the Tez Services are non-refundable to Sender by Tez and are non-reversible by Sender through Tez Services. You may have additional refund or chargeback rights under your Payment Instrument issuer agreement or under applicable regulations. You should review the statements you receive from the issuer of your Payment Instrument which will reflect all Transactions through the Tez Services.

In the event that the Sender’s Payment Instrument issuer requests a chargeback for a Transaction, Google reserves the right to reverse the Transaction amount. Google further retains the rights to set-off any chargeback amount from subsequent payments to be transferred to the Recipient.

Disputes. You understand that a payment Transaction is solely between the Sender and the Recipient and Google does not provide any guarantees or warranties with respect to any User, merchant, third party or any service, good or delivery level commitment provided by such User, merchant or third party. Use of Tez Services in no way represents any endorsement by Google of any User, merchant or third party. You should ensure that you have undertaken adequate due diligence prior to transferring payments to anyone using Tez Services.the Sender and Recipient without making Google and/or the Payment System Providers, a party to such disputes.

In addition, if you choose to use your UPI credentials created through Tez to send payments to a merchant or third party who is not using Tez Services for the purpose of processing and/or settlement of funds, Google’s role will be limited to providing the payment instructions to the Payment System Provider. Google will neither be responsible for the processing or settlement of the Transaction nor for any delivery or service fulfilment.It is your responsibility to ensure that the correct information has been provided by you or that you have selected the correct Recipient.

Google is not obligated to mediate disputes between Senders and Recipients or between the Sender/Recipient and the Payment Participants. However, Google will assist Users in communicating with each other regarding a dispute or in sending the User’s complaint to the respective Payment System Providers, if required under Applicable Laws or Payment Participant Rules.In the event of any complaints regarding Tez Services, please contact Google and we will work with you to resolve it, where possible.

You agree to release Google and Group Companies, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute. You agree that you will not involve Google in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement with any Recipient, Sender, advertiser or other third party in connection with the Tez Service. If you attempt to do so, (i) you shall pay all costs and attorneys' fees of Google, and Group Companies and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth below. However, nothing in these Combined Tez Terms shall constitute a waiver of any rights, claims or defenses that you may have with respect to a Payment Transaction under the respective Payment Participants Rules or Applicable Laws.

11. Fraud or Unauthorized Use

All Transactions made or instructions provided through Your Google Account on Tez shall be deemed to be provided by You. You will be solely responsible for any unauthorised access or use of Your personal or financial information through Your Google Account on Tez. To help prevent unauthorised use of your Google Account on Tez, You should comply with the security measures recommended by Google. If you believe your Google Account on Tez has been accessed or used in an unauthorised manner, please contact Customer Service immediately.

12. Risk Monitoring: Unusual or Suspicious Transactions

We may monitor your Transactions for high-risk practices or for fraudulent transactions. We may also engage Third Party Providers to assist in these efforts and other elements of Tez Services. If we have reason to believe that there is suspicious or unusual activity being carried out through your Google Account on Tez, we may temporarily or permanently suspend your access to Tez Services.

We and/or the Payment Participants may reject a Transaction and/or settlement of payments t for various reasons, including but not limited to risk management, suspicion of fraudulent, illegal or doubtful Transactions, selling of prohibited items, use of compromised or blacklisted cards or UPI accounts, Google Accounts on Tez, chargebacks/complaints or for other reasons as prescribed in the Payment Participant Rules. In the event that a Transaction is rejected or is unable to be completed, we will either transfer the funds back to the Sender’s Funding Account or will handle the funds in accordance with Applicable Laws or Payment Participants Rules.

In addition, we may take any such action on a Google Account on Tez as may be required by a statutory or governmental authority or as may be mandated by the respective Payment Participant.

13. Tez Offers

Your participation in Tez offers is subject to the Tez Offers Terms and Conditions.

14. Communication and Privacy Policy

Communications from or with Google. We may, on our own or through third parties, send you e-mails, SMS, or such other means of communication, to: (i) provide you with transactional or account related communications, (ii) send you payment related reminders, (iii) advertise Tez Services, other Google services or our Third Party Providers’ services, (iv) promote new products and activities, or (v) to obtain your invaluable feedback. In order to serve you better, we may also send you surveys to understand: (i) your experience with our Services, and/or (ii) your needs and requirements.

In addition to other clauses in the Combined Tez Terms, you agree and consent that we may collect, store, use and/or disclose your personal data, in accordance with Applicable Laws and our privacy policy for the following purposes:

You may choose to, or we may invite you to, submit comments or ideas about the Services, including without limitation about how to improve the Service or our products. By submitting any idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place us under any fiduciary or other obligation, and that we are free to use the idea without any additional compensation to you, and/or to disclose the idea on a non-confidential basis or otherwise to anyone.

Privacy. You hereby expressly consent to and permit Google, Group Companies and the Payment Participants’ to collect, store and share such information including but not limited to the your personal information such as your name, address, Google Account or Payment instrument details, all transactions carried out through Tez or information with respect to third parties and the Recipients including bank account or Aadhaar details for the purposes mentioned in the Combined Tez Terms. You represent that you have obtained all requisite prior consents and waivers necessary from any third party or Recipients and have provided such third party or Recipient with notice to permit Google, Group Companies and Payment Participants to carry out actions described in this paragraph. You further warrant that you will provide such notices and secure such necessary consents and waivers in advance of providing similar information to Google in the future.

In the event that you are a Recipient, you hereby consent Google to permit the Sender to store your information including bank account number and Aadhaar number on Tez for the purpose of sending you payments. Tez does not support the Pay to Aadhaar feature, though it may do so in the future with notice to you and in accordance with applicable laws.

You understand and agree that the information we collect, including information obtained from Payment Participants or third parties, is shared between Google, and/or Group Companies to operate the Tez Services. In addition, you understand and agree that we are required to share your personal information, such as your name, and email address, payment instrument details with Payment Participants for the purposes of processing your Transactions or for the use of their services.

Further, to improve our Services, we will access your navigational, log and correspondence information/data. This information/data will help us analyze the merchants, markets, technology, operating systems, browsers, devices, locations from/for which our Tez Services are used. For example, such information and its analysis will help us to better understand your needs and provide you with a wider range of services, or developing updates for particular operating systems and mobile application versions, etc. The information collected also helps us offer you other products, programs, or services that we believe may be of interest to you or alert you in case of software compatibility issues.

You give us permission to read your messages on your mobile device/mobile number and retrieve/use information from messages to provide you with enhanced services by Google or Group Companies. For example: OTP is a one-time password which is provided by your issuing bank in order to carry out the second factor authentication. If you allow us to read your messages, you understand that we may retrieve your OTP from the message received on your mobile device/number and populate and submit the OTP for second factor authentication.

If you choose to delete or wipe-out any information or data from your Tez app or your Google Account or you choose to terminate the use of your Google Account or Tez Services, you understand that we may still retain, use and/or disclose such information/data for legal reasons detailed in the Google Privacy Policy.

The Google Privacy Policy explains how we treat your personal data and protect your privacy when using Tez.

15. Responsibility for Taxes

The reporting and payment of any applicable taxes arising from the use of Tez Services is your responsibility. You hereby agree to comply with any and all applicable tax laws in connection with your use of Tez Services, including without limitation, the reporting and payment of any taxes arising in connection with Payments made through Tez Services, or funds/income received through Tez Services

16. Indemnification

You agree to indemnify, defend and hold harmless Google, Group Companies, the Payment Participants, and its and their kirectors, officers, owners, agents, co-branders or other partners, employees, information providers, licensors, licensees, consultants, contractors and other applicable third parties (collectively "Indemnified Parties") from and against any and all claims, demands, causes of action, debt or liability, including reasonable attorneys fees, including without limitation attorneys fees and costs incurred by the Indemnified Parties arising out of, related to, or which may arise from:

(a) your use of the Services;

(b) any breach or non-compliance by you of any term of this Tez ToS or any Tez policies;

(c) any dispute or litigation caused by your actions or omissions; or

(d) your negligence or violation or alleged violation of any applicable law or rights of a third party.

17. Disclaimer

THE SERVICES, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON, PROVIDED IN CONNECTION WITH OR ACCESSIBLE THROUGH THE SERVICES, ARE PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, GOOGLE, AND GROUP COMPANIES, AND THEIR AGENTS, CO-BRANDERS OR OTHER PARTNERS, INCLUDING BUT NOT LIMITED TO, DEVICE MANUFACTURERS (COLLECTIVELY, "GOOGLE PARTIES"), MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER FOR THE SERVICES OR THE CONTENT, MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SERVICES, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SERVICES. EACH GOOGLE PARTY DISCLAIMS WITHOUT LIMITATION, ANY WARRANTY OF ANY KIND WITH RESPECT TO THE SERVICES, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. GOOGLE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. GOOGLE SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING BUT NOT LIMITED TO SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF PAYMENT TRANSACTIONS, P2P PAYMENTS OR THE SERVICES.

THE GOOGLE PARTIES ARE NOT RESPONSIBLE FOR THE ACCURACY OF ANY PAYMENT INSTRUMENT, INCLUDING WITHOUT LIMITATION WHETHER SUCH INFORMATION IS CURRENT AND UP-TO-DATE. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING SENTENCE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT SUCH INFORMATION IS REPORTED BY THE ISSUER AS OF A PARTICULAR TIME ESTABLISHED BY THE ISSUER AND MAY NOT ACCURATELY REFLECT YOUR CURRENT TRANSACTIONS, AVAILABLE BALANCE, OR OTHER ACCOUNT OR PROGRAM DETAILS AT THE TIME THEY ARE DISPLAYED TO YOU THROUGH THE SERVICES OR AT THE TIME YOU MAKE A PURCHASE OR REDEMPTION. YOU MAY INCUR FEES, SUCH AS OVERDRAFT FEES OR OTHER CHARGES AS A RESULT OF SUCH TRANSACTIONS, PER YOUR AGREEMENT WITH YOUR ISSUER, OR YOUR ATTEMPT TO MAKE A PURCHASE OR REDEMPTION MAY NOT BE SUCCESSFUL.

18. Limitations of Liability; Force Majeure

IN NO EVENT SHALL GOOGLE OR ITS GROUP COMPANIES BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY, DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES WHICH MAY BE INCURRED IN CONNECTION WITH ANY GOOGLE PARTY OR THE SERVICES, OR ANY GOODS, SERVICES, OR INFORMATION PURCHASED, RECEIVED, SOLD, OR PAID FOR BY WAY OF THE SERVICES, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF THE GOOGLE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. IN NO EVENT SHALL THE GOOGLE PARTIES' TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATING TO THESE COMBINED TEZ TERMS EXCEED THE NET FEES GOOGLE HAS ACTUALLY RECEIVED AND RETAINED FROM YOUR VALID TRANSACTIONS DURING THE THREE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE CLAIM.

Nothing in this Tez ToS is intended to exclude or limit the liability of any party for (i) death or personal injury; (ii) fraud; (iii) fraudulent misrepresentation; or (iv) any liability that cannot be excluded or limited by law.

You and Google acknowledge that each party has entered into these Combined Tez Terms relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties. In addition to and without limiting any of the foregoing, no Google party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action or acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures and Internet disturbances.

19. Termination and Suspension

We reserve the right, in our sole and absolute discretion, to suspend or terminate your use of one or more Tez Services, without notice and without liability to you or any third party, for any reason, including without limitation inactivity or violation of these Combined Tez Terms or other policies we may establish from time to time.

20. Advertising

Some of the Tez features may be supported by advertising revenue and may display advertisements and promotions. You also agree that any messages you send in Tez may be used by Google to send you more relevant advertisements and promotion. In consideration for Google granting you access to and use of the Services, you agree that Google may place such advertising and promotions.

21. Governing Law; Jurisdiction

The Tez ToS, Tez Policies and the Tez Contest Rules will be governed by and construed in accordance with the laws of India. You agree that any legal action or proceedings arising out of the aforementioned documents may be brought exclusively in the competent courts/tribunals having jurisdiction in New Delhi, India and irrevocably submit themselves to the jurisdiction of such courts/tribunals.

22. Modification of Terms of Service

We have the right, in our sole and absolute discretion, to change, modify, or amend any portion of the Combined Tez Terms at any time. The changes will become effective, and shall be deemed accepted by you, after the initial posting and shall apply on a going-forward basis with respect to transactions initiated after the posting date. In the event that you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services.

In addition, we reserve the right at any time to modify or discontinue, temporarily or permanently, the Tez App or Services (in whole or in part) with or without notice. We may also change the Services, including applicable fees, in our sole discretion. If you do not agree to the changes, you may stop using the Services. Your use of the Services, after implementation of the change(s) will constitute your agreement to such change(s). You agree that we shall not be liable to you or to any third party for any modification, suspensions, or discontinuance of the Services.

23. English Language Controls

Any translation of these Combined Tez Terms is provided for your convenience. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original English.

24. Assignment

These Combined Tez Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you. We may assign, in whole or in part, the benefits or obligations of this Agreement. We will provide an intimation of such assignment to you, which will be binding on the parties to these Terms and Conditions.

25. Waiver

Unless otherwise expressly stated in this Agreement, the failure to exercise or delay in exercising a right or remedy under the Combined Tez Terms will not constitute a waiver of the right or remedy or a waiver of any other rights or remedies, and no single or partial exercise of any right or remedy under the Combined Tez Terms will prevent any further exercise of the right or remedy or the exercise of any other right or remedy.

26. Survival of Provisions

The terms and provisions of the Combined Tez Terms, which by their nature and content are intended to survive the performance hereof by any or all parties hereto will so survive the completion and termination of this Agreement.

27. Severability

If any provision of the Combined Tez Terms is or becomes, in whole or in part, invalid or unenforceable but would be valid or enforceable if some part of that provision was deleted, that provision will apply with such deletions as may be necessary to make it valid. If any court/tribunal of competent jurisdiction holds any of the provisions of the Combined Tez Terms unlawful or otherwise ineffective, the remainder of the Combined Tez Terms will remain in full force and the unlawful or otherwise ineffective provision will be substituted by a new provision reflecting the intent of the provision so substituted.