Tez Terms of Service
Last Updated: 17 January 2018
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 agree to comply with and be bound by the following:
- the Google Terms of Service (the "Universal Terms");
- this Tez Terms of Service (the "Tez Terms");
- the Tez Policies (the "Tez Policies"); and
- Tez Offer Terms of Services ("General Tez Offers Terms")
These five documents are collectively referred to herein as the "Combined Tez Terms."
Please read each of these Combined Tez Terms carefully, starting with the Universal Terms as they contain important information about your legal rights, remedies and obligations. These Combined Tez Terms constitute a legally binding agreement between you and Google governing your access to and use of the Tez Services (as herein defined). If you do not understand these documents or do not accept any part of them, then you should not use the Tez Services. You understand that services may be offered incrementally on Tez, and that these Combined Tez Terms may be applicable accordingly. You further understand and agree that Google reserves the right to update any of these Combined Tez Terms from time to time. You must ensure that you keep yourself up-to-date and read the Combined Tez Terms at close intervals. If there is any conflict between these Tez Terms and the Universal Terms, the Tez Terms will prevail.
By accepting these Combined Tez Terms, you represent and warrant the following:
You are 18 years of age or older;
You are capable of entering into a legally binding agreement; and
You are not barred or otherwise legally prohibited from accessing or using Tez under the laws of India.
You also understand and agree that Google reserves the right to use the services of its Group Companies (as herein defined) to provide any of the Tez Services to you, on behalf of Google.
Definitions appearing in this Tez Terms:
"Applicable Law" means all applicable laws, rules, regulations, guidelines, statutory or government notifications including Reserve Bank of India regulations and Payment Participant Rules.
"BBPOU" means Bharat Bill Payment Operating Unit operating under the applicable Bharat Bill Payment System regulatory framework.
"Biller" means a biller supported by Tez for Bill Payment Services either through a biller aggregator or a BBPOU, to whom a User can initiate bill payment on Tez.
"Bill Payment Services" means the facility provided to Users on Tez to view bills and make bill payments to Billers and receive other ancillary services.
"Funding Account" means a credit card, bank account through debit card, UPI account or net banking account, pre-paid payment instrument such as cash card or e-wallet that is registered or used by the User to fund Payment 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.
"Merchant" means a person or entity who/which avails the Tez for Business Program or who/which provides Tez as a payment option to its customers through a Payments System Provider.
"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.
"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 Applicable Law. Not all Payment Instruments are eligible for use with all Services.
"Payments System" shall have the meaning ascribed to it under the provisions of Applicable Law.
"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 Transactions, (ii) UPI based Transactions; (iii) net banking, (iv) prepaid payment instrument; and provide authentication and authorization from issuers, card associations, NPCI and/or other third party clearinghouses; and/or (v) 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 payment/bill aggregators, Payments System Providers, acquiring banks, partner banks, the issuer of the Sender’s Funding Account, the issuer bank of the Recipient bank account, the issuer of the Payment Instruments, card associations, NPCI, Reserve Bank of India, etc.
"Recipient" means a User, Merchant, Biller 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, Bill Payment Services and other ancillary services provided by Google through Tez.
"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.
"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 or Tez App") is a payment solution application which facilitates Payment Transactions. Through Tez, you may send payments to Users, Merchants, Billers or third parties using your UPI account, debit card, credit card 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. In addition, Tez allows you to communicate with or receive communications and offers from other Users, Merchants and Billers.
The Payment Transactions or any communication/offers carried out through Tez are solely between the Sender and the Recipient of the payment. We create a link between the Sender, the Recipient and the respective Payment System Providers to; facilitate you to make and/or receive payments using Payment System Provider Services. Once the Payment Transaction has been authenticated, authorised and processed through the Payments System Provider Services, the payment will be settled directly to the Recipient by the respective Payments Participants. We do not receive the funds pertaining to the Payment Transaction or play a role in the settlement of such Payment Transaction.
You understand and agree to the following:
Google is a facilitator of Payment Transactions.
Google is not a party to these Payment Transactions.
Google is not a Payments System Provider.
Google is not responsible to you in any manner whatsoever, with respect to settlement of payment relating to the Transaction.
Google is not and will not be responsible for any aspect of the products or services you purchase.
Google is not and will not be responsible for any communications made by you or any communication or offers made to you through Tez.
Google is not a party to and will not be responsible for any disputes, chargebacks or reversals arising pursuant to Payment Transactions.
Google is not responsible for any act of Users, including, non completion of a Transaction.
The facilitation of a Transaction does not guarantee that the Sender has sufficient funds available in the Funding Account he or she used, that the Transaction will be authorized or processed, or that the Transaction will not later result in a chargeback or other reversal.
4. Your Use of Tez
Age Restrictions. You must be 18 years of age or older, in order to use Tez. 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 registering or linking 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 any 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 Tez App 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 Device 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 Tez App.
5. Setting Up Tez 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. If you disable your Google account, all related accounts, including your Tez account will be suspended. You can seek restoration of the Google Account, which will also restore your access to your Tez Account. It is possible that as a result of disabling the Google Account by you, some account specific data may be lost or purged and may not be retrievable. You agree and accept that Google is not responsible for the loss of data or any other damage suffered by you as a result of the closure of the Google account by you and its subsequent restoration.
Setting up UPI Services
If you desire to use UPI 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.
Setting up Bill Payment Services
Bill Payment Services: Tez facilitates bill payment services that allow You to view Your bills and make payments to Billers through the Tez App. You understand that the Bill Payment Services provided through Tez are either provided (i) by a Bharat Bill Payment Operating Unit ("BBPOU") under the Bharat Bill Payment System ("BBPS") infrastructure, where the Biller is registered with NPCI to participate within BBPS; or (ii) by a Biller aggregator with whom Google has entered into a contractual arrangement. You further understand that Tez only facilitates bill presentment and bill payment and is either (i) an agent of the BBPOU in accordance with Applicable Law, including guidelines published by NPCI, where the Biller is registered with NPCI for BBPS; or (ii) is a bill payment facilitator.
To use the Bill Payment Services, You may be required to provide us with your bill account information with Billers to whom You would like to make payments (such as your customer account number or customer ID) and any other information necessary for us to access Your account and bill details with such Billers ("Bill Payment Account Information"). By using the Bill Payment Services, You expressly authorize Tez to access, use and store Your Bill Payment Account Information and bill details on an ongoing basis, on Your behalf for the purpose of providing Bill Payment Services to You. You understand that currently, your instruction to clear your Bill through Tez does not amount to a standing instruction and that you will need to instruct Tez each time you would like to use Tez for making a bill payment, even to the same Biller.
If you use the Bill Payment Services to provide Bill Payment Account Information, or to fetch bill details, or make payments on behalf of a third party, it is your responsibility to ensure that you have the consent of such third party. You agree that you have all necessary rights and permissions to allow Tez to use third party Bill Payment Account Information on an ongoing basis and access the bill details from the respective Biller, on behalf of the third party for the purpose of Tez providing Bill Payment Services. You agree that as between Tez and you, any claim raised by the third party will solely lie against you.
Accuracy of Information: You understand and agree that you are responsible for the accuracy of the information you provide for fetching a bill and/or making a payment request, including the Bill Payment Account Information and the amount of the Transaction.
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 or for risk management and fraud assessment purposes. You understand that Google may also share any message that you send other Users, Merchants, Billers, at the time of requesting or making a Payment Transaction with the Payment Participants as may be required by and in accordance with Applicable Laws.
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. issued by the respective Payment Participants from time to time ("Payment Participant Rules"). 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.
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 or use of Tez Services. 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, the Payment Participants or as may be prescribed under the provisions of Applicable Law. 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 respective 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. Bill Payment on Tez
Bill Presentment: Once you register for a Biller on your Tez App, You may be able to view your current and future bill details or statement from that Biller as and when they are available. Ensure that you check your bill details carefully prior to making any payments. In case of any discrepancies, please contact Your Biller.
Scheduling your Bill Payments: Payment realisation time will vary depending upon the Biller you select. When Tez receives a payment instruction from you, you authorize us to send instructions to Payment System Providers to debit your Funding Account and remit payment to the said Biller on your behalf. Payments are subject to the policies and procedures of such Billers and Payment Participants. We are not liable for (i) delays in payment realisation by the Biller, (ii) delay, failure or reversal of Transactions (iii) your failure to schedule payment dates in a timely manner. You are responsible for any consequence resulting from late payment including the levy of a late fee charge or any other penalty by such Biller.
Bill Reminders: In addition to your own records of bill payment requirements, Tez may also send you reminders to pay your bill. This will help you schedule your bill payments in time.
Payment History: You may access information about your bill payment requests through the Tez App. You should always verify and confirm Your bill payment requests against any statements or payment records provided by the Biller.
10. Communication Platform
You are responsible for any communication made by you with other Users, Merchants, or Billers through Tez. Google merely provides the platform for you and other Users, Merchants or Billers to communicate with each other (Communication Platform) and is not responsible for any conversation between the parties. You must ensure that no illegal, unlawful or unauthorised communication is delivered through Tez. The content of the communication must comply with these Combined Tez Terms and in particular, the Tez Policies. You agree not to make any offers, promotions or advertisements to other Users directly through the Communication Platform. Google reserves the right to suspend or terminate your use of Tez Services, in whole or in part, in the event of any communication that is not in compliance with the Tez Policies or these Combined Tez Terms.
Tez Offers. Your participation in Tez offers is subject to the General Tez Offers Terms
Merchant/Biller Offers. Offers provided to you by Merchants or Billers on Tez are between you and the Merchant or Biller, Google is not responsible for the content of such Offers or for the fulfillment of such offers.
12. 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, Biller, Merchant, third party or any service, good or delivery level commitment provided by such User, Biller, Merchant or third party. Use of Tez Services in no way represents any endorsement by Google of any User, Biller, Merchant or third party. You should ensure that you have undertaken adequate due diligence prior to transferring payments to anyone using Tez Services. Any dispute is between 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 Participant, 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.
13. 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.
14. 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 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.
Communications from or with Google. We may, on our own or through third parties, send you emails, 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.
You agree and consent that we may collect, store, use and/or disclose your personal data for the following purposes:
providing you with Tez Service;
advertising and promotional purposes, without additional compensation (for instance, we may use your name and image in our advertisements or promotional material);
sending you information relating to Google’s products and services, including updates on our latest promotions and new products and services;
sending you information relating to selected third parties’ products and services, such as updates on their latest promotions and their new products and services;
providing you with information sent by our business partners on their products and services;
to investigate or resolve any product or Tez Service related concerns including complaints;
obtaining your invaluable feedback; and
in the event that you are eligible for an Offer, to inform you of your eligibility or for the administration of prizes in relation to the Offer.
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 provided through Tez or under these Combined Tez Terms, 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 including any communication made through Tez or message that You send with the Transaction or information with respect to third parties and the Recipients including bank account or Aadhaar details for the use of Tez Services. 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.
16. USE AND PROTECTION OF INTELLECTUAL PROPERTY RIGHTS
Tez Services are protected by copyright, trademarks, patents, trade secret and/or other intellectual property laws. Google LLC owns the title, copyright and other worldwide intellectual property rights in the Tez Services. These Combined Tez Terms do not grant you any rights to the intellectual property rights in the Tez Services. Nothing contained herein shall authorize the Users to use, apply, invade or in any manner exploit or infringe the intellectual property rights Google or its Group Companies without prior written consent. In addition, the Parties warrant and represent that the will not infringe the rights of any third party. You are hereby given a limited license to use the Tez Service, subject to your agreement of these Terms. If you are a Merchant wanting to use Tez to accept payments from your end users through the UPI Infrastructure, your limited right to use the Tez Trademarks and Tez Logos will be as per these Tez Brand Guidelines.
17. 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
You agree to indemnify, defend and hold harmless Google, Group Companies, the Payment Participants, and its and their directors, 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 these Tez Terms 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.
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.
20. 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 these Tez Terms 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.
21. 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.
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.
23. Governing Law; Jurisdiction
The Tez Terms, 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.
24. 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.
25. 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.
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.
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.
28. 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.
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.