Terms & Conditions
The MyBusiness Platform enables merchants and businesses to leverage technology to manage their payments and collections, banking, accounting, and business finances under a unified dashboard.
- Part A contains the general terms and conditions (“General Terms”) which governs the access and use of the MyBusiness Platform through the web link: https://www.getmybusiness.in and mobile application by the name of ‘MyBusiness’ (collectively and individually referred to as the “Website” or“MyBusiness Platform”, which includes any and all the related sub-links and the Services provided thereunder) offered by IIFL Open Fintech Private Limited (also referred to as “MyBusiness”, “Company”, “We”, “Us” and “Our” as the context requires, and includes its affiliates, assigns and Service Providers).
- Part B contains specific terms and conditions that govern the use of each of the Services (defined below) and shall be applicable to the extent such Services are availed by the User. The General Terms shall be read and understood in conjunction with the Service-specific terms and conditions provided under Part B of these Terms (“Service Terms”).
It is clarified that the MyBusiness Platform is only a technology platform and should not be construed as a bank. MyBusiness neither holds nor claims to hold a banking license. The Business Current Accounts, VISA MyBusiness cards, business loans and other similar financial products and services offered on the MyBusiness Platform are provided by RBI-licensed banks and financial institutions. All funds in the MyBusiness Platform powered Business Current Account are insured as per limits prescribed under the RBI’s deposit insurance scheme. The banking services/financial services offered on the MyBusiness Platform are powered by our partner banks/financial institutions and follows all security standards and legal requirements prescribed by the partner bank/financial institution, in accordance with the RBI regulations. The payment aggregation services offered on the MyBusiness Platform is powered by Open Financial Technologies Private Limited (“Open”). By accessing or using this service, the User hereby agree to adhere to the Terms set out hereunder.
The General Terms govern the User’s use and/or access to the Website. These Terms form an integral part of, and will be read in conjunction with:
- Terms and conditions stipulated by the Server Providers (defined below), which are specifically applicable to the Service(s) availed by the User.
Unless the context otherwise requires, the following capitalized words shall have the meaning assigned to them below -
“Admin Verified” shall mean the approval provided to the User by the administrator on the MyBusiness Platform to use a particular Service or set of Services subject to the User’s information being submitted, Know Your Customer (“KYC”)compliance, risk assessment and execution of any other controls or protocols that may be required to verify and authenticate the User in accordance with applicable laws, including but not limited to the RBI Guidelines.
“Acquirer” shall mean any banks, financial institutions and Card Payment Networks which receives funds as instructed, authorised, effected and ordered by the Payer to the Payee.
“Bank(s)” shall mean any bank or financial institutions that are licensed and regulated by the Reserve Bank of India (“RBI”), which MyBusiness has partnered for offering the Services. It is hereby clarified that the term “Bank” also includes any sponsor banks that MyBusiness has partnered with, by establishing software protocols and direct integrations via API.
“Business Days” shall mean any day in which banks are open for business in Mumbai, India / New Delhi, India, / and Bangalore, India.
“Business Current Account” or “Payment Account” shall mean a bank account that is linked by the User to the MyBusiness Platform for settlement of proceeds. The Business Current Account can either be opened afresh with any Bank (with whom My Business has partnered with) and linked to the MyBusiness Platform for settlements or by enabling KYC verification and linking an existing bank account to the MyBusiness Platform. Usage of the Business Current Account by any User is subject to the terms stipulated by the concerned bank with which the User has opened a Business Current Account.
“Card Payment Network” shall mean the card payments network managed by VISA, MasterCard, AMEX, Rupay or any other card network in order to facilitate a Transaction initiated using a card.
“Card Payment Network Rules” shall mean the written rules, regulations, releases, guidelines, processes, interpretations and other requirements (whether contractual or otherwise) imposed and adopted by the Card Payment Network(s).
“Confirmation of Delivery” shall mean the confirmation provided by the User to MyBusiness confirming the delivery of goods or services to the Customer, which thereby authorizes MyBusiness to settle funds collected in the Escrow Account to the Business Current Account belonging to the User in accordance with the RBI Guidelines. This authorization will remain in full force and effect until specifically terminated by the User in writing.
“Customer” shall mean any individual or entity that purchases good and services of the User and/or transacts with the User resulting in transference of funds to the User.
“Escrow Account” shall mean the nodal account or escrow account maintained by MyBusiness or its Service Providers with the Bank in accordance with the RBI Guidelines.
“Know Your Customer” or “KYC” shall mean the various norms, orders, rules, regulations, laws, and statutes as per applicable laws, including the RBI’s Master Directions – Know Your Customer Directions dated February 25, 2016 issued from time to time according to which MyBusiness procures personal identification details from the User desiring to access/use the MyBusiness Platform.
“Online Business Account”, “MyBusiness Pay” or “User Account” shall mean the online account opened by the User in accordance with the RBI Guidelines, subject to the onboarding requirements stipulated on the MyBusiness Platform.
“Payee” shall mean any person to whom a payment is made, using the Services, and the term includes a User who uses the Services to receive payment.
“Payer” shall mean any person who makes a payment, using the Services and the term includes a User and Customer who uses the Services to make payment.
“RBI Guidelines” shall mean the extant rules, regulations, orders, directions, notifications and guidelines issued by RBI, including but not limited to - the Payment & Settlement Systems Act, 2007, RBI Directions for opening and operation of accounts and settlement of payments for electronic payment transactions involving intermediaries dated November 24, 2009, the Guidelines on Regulation of Payment Aggregators and Payment Gateways dated March 17, 2020, Guidelines on Digital Lending dated September 2, 2022 and the Master Directions for Know Your Customer (KYC), 2016, as amended from time to time.
“Service(s)” shall mean and include the following services provided by MyBusiness to the User at the request of the User:
- MyBusiness Pay;
- Payment Gateway: Collections and Payout Settlements
- Multi-Account Connect; Automated Accounting and Tax Filing
- QR Cards
- MyBusiness Credit;
- Current Account
- Current Account (Connected Banking)
- MyBusiness Gold Loans
- Schedule Physical KYC
- UPI VPA Handle
- KYC APIs – Aadhar verification, PAN verification, Face matching with Aadhar
- Includes any other products/services offered by MyBusiness, from time to time.
“Service Provider” shall mean an entity, association of persons, facility provider, card issuing institution, Bank, card processor, clearing house networks whose facilities or services are utilized in the provision of the Services, which includes but is not limited to, Open Financial Technologies Private Limited (“Open”).
“Transaction” shall mean a payment instruction that results in the successful transfer of funds from a Payer to a Payee.
“User”, “You”, “Your” and “Yourself”, as the context requires, shall mean and include a natural person or legal person (sole proprietor(s) and freelancers) that register on the MyBusiness Platform and/or transacts or avails Services. The term ‘User’ shall also include such personnel of the User (including but not limited to any current or former officers, directors or employees of the User) who accesses the MyBusiness Platform using the User Account credentials with either full rights or limited rights, as the case may be.
The MyBusiness Platform must be accessed/used only by persons above 18 (eighteen) years of age and who can enter into legally binding contracts with Us in accordance with the Indian Contract Act, 1872 by virtue of being ‘competent to contract’ within the meaning of Section 11 of the Indian Contract Act, 1872. The User’s use or access of the MyBusiness Platform shall be treated as the User’s representation that they are competent to contract and shall be bound by these Terms. If the User is registering as a business entity, then the User represents and warrants that the User has the authority to bind such business entity to these Terms.
To access and use the MyBusiness Platform and Services, the User must register on the MyBusiness Platform and create a user account (“User Account”). In this regard, the User will provide Us and the Service Providers (as applicable) with all documents and information required to carry out the KYC compliance in accordance with the RBI Guidelines. User must provide true, accurate, current and complete information at all times, failing which, We may at any time reject the User’s registration and terminate their right to use or access the MyBusiness Platform and/or Services. For the purpose of undertaking KYC compliance of the User, We have the right to seek the self-attested copies of the documents, as submitted during/post the registration process.
User understands and unconditionally agrees that even though the User may be allowed to execute transactions on the Website, the funds lying in their Online Business Account shall not be settled to their Business Current Account or used for settlement of their payment obligations, if there are KYC obligations pending on the User’s part in accordance with the RBI Guidelines. Further, in the event the User fails to meet the KYC obligations (as mentioned above, to Our satisfaction) We reserve the right not to release the settlement amounts to the User and eventually reverse the funds to the Payer account from where such payment had originated from, if the non-completion of the User’s KYC obligations continue.
When the User registers on the Website, a User Account will be created based on the information the User has provided. User is advised to keep the User credentials in confidence as the User will be solely responsible for the activities and Transactions undertaken on the User Account. User will ensure that the User Account details provided and/or updated are correct and complete at all times. User shall inform Us of any change in the User email address, mobile number, and address, change in authorization, control or legal status or cessation of the User’s business by giving an advance written intimation of at least 30 (thirty) Business Days.
User shall be responsible at all times for maintaining the safety and confidentiality of the username, password and any other information pertaining to the User Account and for preventing unauthorized access to the User Account and devices. We will not be liable for any mistake or misuse of User Account either by the User, by any person authorized by the User, or by any person gaining access to the Services through the User Account.
It shall be the User’s responsibility to review these Terms periodically for any updates / revisions. User’s continued use of the MyBusiness Platform following any updates / revision of these Terms is construed as deemed acceptance of such amendments. Subject to the User’s continued compliance with these Terms, We grant the User a personal, non-exclusive, non-transferable, limited privilege to access and use the MyBusiness Platform.
User will use the MyBusiness Platform only for lawful business activities and will not carry out any activity which is prohibited, illegal or immoral, or in any manner facilitate furtherance of any such activities which constitutes a violation of any law or regulation, including but not limited to the RBI Guidelines.
It is hereby clarified that any funds lying in the Business Current Account is held by the relevant Bank and shall be governed by the terms and conditions framed by the said Bank. Funds in the Business Current Account shall belong to the account-holder registered on the Bank’s records and will be subject to applicable Bank charges.
User will be responsible and shall indemnify Us against any liability, costs or damages arising in connection with (a) the User providing false, incorrect or misleading information; and (b) compromise of the User Account credentials. We reserve the right to refuse access to the MyBusiness Platform, terminate accounts, remove or edit content at any time without notice to the User concerned, in the event these Terms are violated by the User.
The User unconditionally authorizes Us to generate Lightweight Directory Access Protocol (LDAP), the User credentials and subscribe to the API's on the sponsor Bank’s web portal or software platform on behalf of the User to facilitate the Services. The User authorises Us to service the User'`s Business Current Account on their behalf with regards to queries and complaints raised by the User and/or third party for facilitation of the Services including authorisation for raising of queries with the Banks on their behalf.
User has a number of options to complete KYC compliance on the MyBusiness Platform. If the User proceeds to register on the MyBusiness Platform using Aadhar offline e-KYC, the User (the Aadhaar holder), hereby irrevocably undertake to:
- place a request to Open, Karza Technologies Private Limited (“Karza”) and MyBusiness to access the User’s Aadhaar Information (defined below) from Unique Identification Authority of India (“UIDAI”), to fetch and verify information regarding Aadhaar Number, Aadhaar XML, Virtual ID, e-Aadhaar, Masked Aadhaar, Aadhaar details, demographic information, identity information, Aadhaar registered mobile number, face authentication details and/or biometric information (collectively referred to as “Aadhaar Information”).
- explicitly authorise Open, Karza and MyBusiness to fetch the User’s Aadhaar Information from UIDAI to make it available to Open, Karza and MyBusiness and/or any third party, as may be required for completing KYC verification.
- agree to take all the necessary actions required for the purpose of authenticating and verifying the User’s Aadhaar Information.
- give a valid, binding, irrevocable and explicit authorisation and consent as may be required under applicable laws, rules, regulations and guidelines for availing the Aadhaar API services of Open, Karza and MyBusiness including, but not limited to the transmission and storage of the User’s Aadhaar Information by Open, Karza and MyBusiness.
- understand and agree that the consent has been submitted by the User voluntarily and without any coercion from Open, Karza and MyBusiness or any other party.
- fully understand and accept sole and complete responsibility for any issues, legal suits, damages, losses, penalties, fines or liabilities (“Losses”) arising out of the User sharing of Aadhaar Information and authorising Open, Karza and MyBusiness for fetching the User’s Aadhar Information and that the User will fully hold harmless Open, Karza and MyBusiness, its representatives, employees and directors for any Losses arising out of such request and actions.
- understand and agree that Open, Karza and MyBusiness does not store or retain any of the User’s Aadhaar Information including the Aadhaar number after it has processed the User’s request.
User will be charged fees based on the Services the User has requested or availed and the pricing/subscription plan that the User has opted for on the MyBusiness Platform (“Fee”). User agrees that it will pay all fees and charges so levied without any delay or demur. We reserve the right to modify any Fee without any prior intimation to the User. However, such modified Fee shall only be applicable from the next billing cycle or renewal of the subscription plan.
We shall not make refunds of any amounts charged as Fee unless explicitly set out under these Terms.
User shall bear all applicable taxes if the Fee is subject to any type of goods and service tax, income tax, duty or other governmental tax or levy.
We may monitor all of User’s activities and Transactions on the MyBusiness Platform to flag and prevent high-risk practices and fraudulent Transactions. We may also engage Service Providers to assist in these efforts. In the event of any suspicious or unusual activity being carried out through the User Account, such account may be temporarily or permanently suspended at Our sole discretion.
The User and MyBusiness each represents and covenants to the other that: (a) it does not store card information or any related data within its database or any servers accessed by it, except for limited lawful purposes compliant with the RBI Guidelines; (b) it will adhere to the data security protocols prescribed under the RBI Guidelines, including the procedures for incident management and reporting; and (c) its systems and infrastructure are compliant with the Payment Card Industry-Data Security Standard (“PCI-DSS”). The User further represents and covenants to Us that its systems and infrastructure are compliant with the Payment Application-Data Security Standard (“PA-DSS”), as applicable.
We may at Our sole and absolute discretion, conduct inspections, risk and security assessments and audits on the User and may impose additional conditions/restrictions on the User Account, including but not limited to: (a) establishing a reasonable reserve amount to cover potential Chargebacks (defined below) and related fees.; and (b) withhold the Services and direct the User to upgrade its infrastructure in compliance with applicable laws. The User will not sell, provide, exchange, or otherwise disclose to third parties or use by themselves (other than for the purpose of completing a Transaction, or as specifically required by law) any personal information about any third party (whether its Customer or otherwise), including the financial details and any personal identification information, without obtaining the prior written consent of such third party.
User unconditionally agrees and undertakes that:
- We will be entitled to collect and verify KYC documents and other supporting documents from the User and the User shall ensure compliance with RBI Guidelines;
- User shall cooperate and shall procure their end users to cooperate, with Us for any audits, inspections, risk and security assessments from time to time, to ensure compliance with RBI Guidelines;
- User and their end user will ensure compliance with RBI Guidelines at all times;
- We reserve the right to deny or suspend any of the Services if the User or their end users are suspected of or found breaching RBI Guidelines or any of the terms set out under these Terms.
Unless specifically permitted by the User, usage of the Services does not grant Us the license to use, reproduce, adapt, modify, publish or distribute the content created and/or stored in the User Account. Notwithstanding the above, the User grants Us the permission to access, copy, distribute, store, transmit, reformat, or disclose the data /content of the User Account for the purpose of providing the Services requested/availed by the User.
The User may transmit or publish content created by using any of the Services or otherwise. However, the User shall be solely responsible for such content and the consequences of its transmission or publication. Any content that the User may receive from third-parties while using the Services, is provided to the User on an ‘AS IS’ basis for their information and personal use only and the User agrees not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit such content for any purpose, without the express written consent of the person who owns the rights to such content.
User undertakes that it shall not do any act or post, display, upload, modify, publish, transmit, update or share any information that -
- belongs to another person and to which the User does not have any right;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another'`s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- infringes any patent, trademark, copyright or other intellectual proprietary rights of any third party;
- violates any law for the time being in force;
- impersonates another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the MyBusiness Platform;
- is prohibited under applicable law(s) for the time being in force including the Indian Penal Code, 1860, as amended from time to time and rules made there under; and
- threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
User is also prohibited from:
- violating or attempting to violate the integrity or security of the MyBusiness Platform or any Content thereto;
- transmitting any information (including job posts, messages and hyperlinks) on or through the Platform that is disruptive or competitive to the provision of Service(s) by Us;
- making any unsolicited communications to other Users;
- using any engine, software, tool, agent or other device or mechanism (such as spiders, crawlers, robots, avatars or intelligent agents) to navigate or search the MyBusiness Platform;
- attempting to decipher, decompile, disassemble or reverse engineer any part of the MyBusiness Platform;
- copying or duplicating in any manner any of the content or other information made available from the MyBusiness Platform.
We take great efforts to ensure that the information made available on the MyBusiness Platform is accurate, complete and correct. However, the User should exercise their own discretion in relying on such information and should not hold Us responsible for any inaccuracy or incompleteness. The material on the MyBusiness Platform is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the MyBusiness Platform is at the User’s own risk. The MyBusiness Platform may contain certain historical information. Historical information, may not necessarily be updated and is provided for the User’s reference only. We reserve the right to modify the contents of the MyBusiness Platform at any time without any obligation to update any information on the MyBusiness Platform. The User agrees that it is the User’s responsibility to monitor changes on the MyBusiness Platform.
All data, information, copyrights, patents, trade secrets, know-how, trade dress, trademarks, service marks, trade names, moral rights and other intellectual property and proprietary rights (“IPR”) in the MyBusiness Platform and Services shall remain the sole and exclusive property of MyBusiness and its licensors / Service Providers, as applicable. The IPR may not be copied, reproduced, distributed, transmitted, broadcasted, displayed, sold, licensed, uploaded, or otherwise exploited without the prior written consent of MyBusiness.
User understands and agrees that nothing contained in these Terms shall be deemed or construed as creating a partnership or joint venture, agency or formal business organization of any kind between the User and Us, or deemed to cause any party to be responsible in any way for the debts and obligations of the other party.
User will not describe (whether online or otherwise) themselves as an agent or representative of MyBusiness or make any representations to any User or any third party or give any warranties which may require Us or the Service Providers to undertake or be liable for, whether directly or indirectly, any obligation and/or responsibility to the User or any third party.
The User agrees not to disclose or attempt to use or personally benefit from any non-public information that it may learn or discover on the Website or through the Services. This obligation shall continue until such time as the non-public information has become publicly known through any action of the User. If the User is compelled by order of a court or other governmental or legal body (or have notice that such an order is being sought) to divulge any such non-public information, the User agrees to promptly and diligently notify Us and cooperate fully with Us in protecting such information to the extent possible under applicable law.
We may access, preserve and disclose any of User’s information if required to do so by applicable law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against Us or to comply with legal process, (ii) for fraud prevention, risk investigation, User support, product development and de-bugging purposes, or (iii) protect Our rights, property or ensuring safety of the Users or members of the public.
In processing the Transactions, We shall be entitled to rely upon all electronic communications, orders or messages sent to Us through the Service Providers including and to the extent they are in compliance with the processing mechanism of the Service Providers and any applicable laws and the RBI Guidelines. We shall not be obligated to verify or make further inquiry into the identity of the sender, or the message integrity, of any communications, orders or messages.
We will endeavour to ensure that access to and availability of the Services remains uninterrupted and error free. However, access to the application may occasionally be suspended or restricted to allow for repairs, maintenance, or for the introduction of new facilities and Services and in such cases We shall not be liable for the disruption of any of the Services. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by an application without prior notice to the User.
The Services are provided on an as-is-and-as-available basis. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. We make no warranty that the Services will be uninterrupted, timely, secure, or error free. To the maximum extent permitted by law, the entire risk arising out of the User’s access of and use of the Website and Services, remains with the User. A separate limitation over liability shall be applicable to each of the Services.
We shall not be liable for any breach of these Terms due to any Force-Majeure (defined below) event that prevents or delays performance of its obligations under these Terms. Force-Majeure events would include but not limited to lockdown, such as act of god, fire, lightning, explosion, flood, adverse weather conditions, power failures, failure in any communication systems, equipment breakdown, strikes, lock-out, pandemic, endemics, or any other cause beyond Our control.
Notwithstanding anything to the contrary stated elsewhere in these Terms, We shall not be liable to the User for any indirect Losses, special, consequential or punitive damages or Losses, including but not limited to, loss of business or data or profits or goodwill arising out of or in connection with these Terms.
The User shall keep Us indemnified and harmless from and against any and all liability (including but not limited to liabilities, judgments, damages, losses, claims, costs and expenses,) or any other loss that may occur, arising from or relating to any claim, suit or proceeding brought against Us by another User/ Service Provider/ third party for reasons including, but not limited to (i) a breach, non-performance, non-compliance or inadequate performance by the User of any of the terms, conditions, representations, obligations or warranties made hereunder; (iii) any acts, errors, fraud, misrepresentations, wilful misconduct or negligence of the User, or their employees, subcontractors and agents in performance of their obligations under these Terms.
As part of the Services, User may receive notifications, offers, discounts and general information from Us via text messages or by emails, for the purpose of collecting feedback. The User understands that receipt of non-service related communications can be deactivated from User Account settings or by sending an email to email@example.com or by ab-initio not consenting to receive these communications. The User acknowledges that the SMS service provided by Us is an additional facility provided for the User’s convenience and that it may be susceptible to error, omission and/ or inaccuracy.
If We receive any general complaint against the User in connection with the use of the MyBusiness Platform, We will forward the complaint to User’s registered email address. The User must respond to the complaint within 36 (thirty six) hours of receiving the complaint as forwarded by Us and copy Us in its communications. If the User does not respond to the complainant within 36 (thirty six) hours from the date of Our email to the User, We may at our sole discretion opt to disclose the User’s contact information to the complainant for enabling the complainant to take legal action against the User. The User understands that its failure to respond to the forwarded complaint within the 36 (thirty six) hours’ time limit will be construed as the User’s consent to disclosure of the User’s name and contact information by Us. Notwithstanding the foregoing, the User acknowledges and agrees that (a) We can disclose any information relating to the User if it deems in its sole discretion that such disclosure is required in the interest of justice; and (b) We can withhold or appropriate any settlements due to the Payee to ensure compliance with applicable laws on reasonable suspicion.
It is understood between that a Transaction is solely between the User and its Customer and Open does not provide any guarantees or warranties, or delivery level commitment with respect to the User. Use of the MyBusiness Platform by a User in no way represents any endorsement by Us of any User. We are not obligated to mediate disputes between Customers, Users and the payment participants.
In the event (a) the User breaches these Terms; (b) the User engages in or is suspected of engaging in any illegal, fraudulent, immoral or abusive activity; or (b) the User provides any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with these Terms, We reserve the right, to suspend/terminate such User’s access to any or all of the MyBusiness Platform and Services without notice, and this will be without prejudice to Our right to exercise any other remedy available to it under applicable law.
In the event We identify any suspicious or unusual activity being carried out by the User on the MyBusiness Platform, We at our discretion may temporarily or permanently suspend the User’s access to the MyBusiness Platform and/or take any such actions necessary to mitigate risk, including but not limited to, withholding of funds or refunding the funds to the source from where such payment originated.
Without prejudice to the provisions mentioned below, these Terms are subject to the laws of India and any disputes arising out of or in connection with the Terms will be subject to the exclusive jurisdiction of the competent courts at Bangalore, India.
MyBusiness and the User acknowledge and agree that, in the event of any dispute/claim arising out of or in connection with the Terms: (a) the Transaction logs maintained by Us will be the only source of data to verify the accuracy of such Transactions; (b) such logs will be fully binding as evidence for the purposes of adjudicating the said dispute /claim; and (c) the said dispute/claim shall be settled by binding arbitration in accordance with the Arbitration and Conciliation (Amendment) Act, 1996 and the rules of the Conciliation and Arbitration Centre, Bangalore as amended from time to time with the exclusive seat of arbitration at Bangalore, India.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.
User may contact us with any enquiry, complaints or concerns by writing to the Nodal Officer at the coordinates mentioned below:
IIFL House, Sun Infotech Park, Road No.16V,
Plot No. B23, Thane Industrial Area,
Thane, Maharashtra – 400604, India
The User represents and agrees that usage of the Services mentioned under this Part B will inherently subject the User to the General Terms governing use of the MyBusiness Platform as set out under Part A. These Service Terms shall be supplemental to the General Terms as set out under Part A and shall not be construed as a replacement to the General Terms.
MyBusiness Pay is a virtual account powered by MyBusiness and its Service Providers that can be used to make payments and receive collections for any Transaction arising in the User’s normal course of business subject to compliance with RBI Guidelines.
- By proceeding to use MyBusiness Pay, the User (a) signifies its consent to be bound by these Terms; (b) will be contracting with MyBusiness; and (c) acknowledges and agrees these Terms will constitute the User’s binding obligations, with MyBusiness while using MyBusiness Pay.
To use MyBusiness Pay, the User must: (i) be a tax resident of India; and (ii) be Admin Verified and registered to use MyBusiness Pay on the MyBusiness Platform.
Rights and Obligations:
No interest is payable by MyBusiness on the amounts maintained by the User in MyBusiness Pay.
A User is permitted to operate only 1 (one) MyBusiness Pay account.
Any amounts collected by the User into MyBusiness Pay using Payment Gateway Services (defined below) will be subject to the provisions of the Terms governing Payment Gateway Services.
The availability of balance on MyBusiness Pay to the User will be subject to receipt of funds into the Escrow Account and User’s continued compliance with the RBI Guidelines at all times.
Subject to fulfilling the KYC requirements, the User may link its Business Current Account to the MyBusiness Pay in order to settle Transaction proceeds in accordance with the RBI Guidelines. Once linked, the Transaction amount (minus Fees, as applicable) will be settled to the User’s Business Current Account from MyBusiness Pay within T+1 days where ‘T’ is the date of Confirmation of Delivery by the User to MyBusiness. The User shall be solely responsible for providing the updated and correct details of their Business Current Account so linked with the MyBusiness Pay Account.
Notwithstanding anything to the contrary, the User acknowledges and agrees that where We have no control over incoming funds and its delay thereof, We will transfer the funds to the merchant in accordance with the RBI Guidelines.
The User understands and unconditionally acknowledges that even if the User is allowed to receive payment using MyBusiness Pay, funds from such transactions will not be settled to the User’s MyBusiness Pay / Business Current Account or any other account until KYC obligations are completed by the User in accordance with the RBI Guidelines. If the User continues to default on KYC obligations, as mentioned above, MyBusiness at its sole and absolute discretion may refrain from releasing the settlement amounts to the User and accordingly reverse the funds to the source from where such payment originated.
The User authorizes Us and Our Service Providers to rely on and act upon any instructions provided by the User in respect of its MyBusiness Pay account and such instructions shall be conclusively presumed for Our benefit to be duly authorized by and legally binding on the User.
The User will access and operate its MyBusiness Pay account solely for the debits and credits permitted under the RBI Guidelines.
We shall be entitled to require any instruction/document in any form to be authenticated by the User of any password, identification code or authentication test as may be specified by Us from time to time and the User shall ensure the secrecy and security of such password, code or test All payments made by the User will be subject to the two-factor authentication system envisaged under the RBI Guidelines.
The User acknowledges that there are inherent risks involved in sending the instructions/communications/documents to Us via electronic communications/instructions and accordingly agrees and confirms that all risks in this regard, shall be fully borne by the User.
We reserve the right to suspend/discontinue MyBusiness Pay for the User for any reason whatsoever. This includes the following grounds, based on suspicion or otherwise:
- Violation of the RBI Guidelines;
- Violation of any of these Terms;
- Discrepancy in the information and KYC documentation provided by the User;
- To prevent potential fraud, sabotage, wilful destruction or threat to national security; or
- Where We in Our sole opinion and discretion believes that cessation/ suspension of the MyBusiness Pay is necessary to meet the ends of justice.
The MyBusiness Platform enables the User to accept payments from multiple Customer sources including credit/debit cards, net-banking, e-wallets and UPI (“Payment Gateway Services”) subject to continued compliance with these Terms.
The User understands that the Payment Gateway Services are provided on the MyBusiness Platform by integrating with various Service Providers in order to provide a single solution for all payment acceptance.
The User authorises Us to hold, receive, disburse and settle funds on, the User’s behalf subject to these Terms. The User authorisation permits Us to generate an electronic funds transfer between the payment system providers and the Escrow Account to process each Transaction. The User acknowledges that its continued use of the Payment Gateway Services will be subject to its compliance with the RBI Guidelines. The authorizations provided hereunder by the User will remain in full force and effect until the User Account is closed or terminated in accordance with the provisions contained hereunder.
All risk, loss or liability associated with delivery undertaken by the User to its Customers will be solely and absolutely attributable the User. Also, all disputes regarding quality, merchantability, non-delivery, delay in delivery or otherwise will be directly handled between the User and the Customer without any reference to Us as a party to such disputes.
Card Payment Network Rules:
The Card Payment Networks have provided the infrastructure and processes to enable Transaction authorisation. The Card Payment Networks requires the User to comply with the Card Payment Network Rules. The Card Payment Networks reserve the right to amend their guidelines, rules and regulations. We may be required to amend modify or change these Terms pursuant to amendments to the Card Payment Network Rules and such amendments, if any, shall be deemed to be binding on the Users with immediate effect.
Notwithstanding our assistance in understanding the Card Payment Network Rules, the User expressly acknowledges and agrees that, the User is assuming the risk of compliance with all provisions of the Card Payment Network Rules, regardless of whether the User is aware of or have access to those provisions. Card Payment Networks make excerpts of their respective rules available on their internet sites or websites.
In the event that, the User’s non-compliance of Card Payment Network Rules, results in any fines, penalties or other amounts being levied on or demanded of Us by a Card Payment Network, then without prejudice to Our other rights hereunder, the User shall forthwith reimburse Us in an amount equal to the fines, penalties or other amount so levied or demanded or spent by Us in any manner in relation to such fines, penalties and levies. If the User fails to comply with, the User’s obligations towards the Card Payment Network, We may suspend settlement or suspend/terminate the Services or any part thereof forthwith or freeze and appropriate incoming funds to the User Account.
All Transactions settled to the User shall be subject to the Fees payable to Us.
The availability of balance in MyBusiness Pay to the User will be subject to receipt of funds into the Escrow Account and User’s continued compliance with the RBI Guidelines at all times.
Subject to fulfilling the KYC requirements, the User may link its Business Current Account to its MyBusiness Pay in order to settle Transaction proceeds in accordance with the RBI Guidelines. Once linked, the Transaction amount (minus the Fees, as applicable) will be settled to the User’s Business Current Account from MyBusiness Pay within T+1 days where ‘T’ is the date of Confirmation of Delivery by the User to Us. The User shall be solely responsible for providing the updated and correct details of their Business Current Account so linked with the MyBusiness Pay Account. Notwithstanding anything, the User acknowledges and agrees that where We have no control over incoming funds and its delay thereof, We will transfer the funds to the merchant in accordance with the RBI Guidelines.
If the User requests, We at Our sole discretion may provide early settlement services with respect of the receivables of the User, to the MyBusiness Pay account or Business Current Account, as applicable at such additional Fees that We inform to the User in writing.
The User understands and unconditionally acknowledges that even if the User allowed to receive payment using MyBusiness Pay, funds from such transactions will not be settled to the User’s MyBusiness Pay / Business Current Account or any other account until KYC obligations are completed by the User in accordance with the RBI Guidelines. If the User continues to default on KYC obligations, as mentioned above, We at Our sole and absolute discretion may refrain from releasing the settlement amounts to the User and accordingly reverse the funds to the source from where such payment originated.
The User agrees that the User will not use the Payment Gateway Services in connection with the following businesses, business activities or business practices:
- embassies, foreign consulates or other foreign governments;
- door-to-door sales;
- offering substantial rebates or special incentives to the cardholder subsequent to the original purchase;
- negative response marketing or bulk marketing tools which are intended for spamming;
- engaging in deceptive marketing practices;
- evading card network'`s chargeback monitoring programs;
- engaging in any form of licensed or unlicensed aggregation or factoring;
- age restricted products or services;
- bail bonds;
- bankruptcy lawyers;
- bidding fee auctions;
- collection agencies;
- chain letters;
- cheque cashing, wire transfers or money orders;
- counterfeit and unauthorized goods (e.g. knock-offs, imitations, bootlegs);
- unregulated/unlicensed currency exchanges or dealers;
- firms selling business opportunities, investment opportunities, mortgage consulting or reduction, credit counselling, repair or protection or real estate purchases with no money down;
- credit card and identity theft protection;
- cruise lines;
- essay mills;
- flea markets (firms/ individuals operating from a booth, on a part time basis with no lease or telephone availability; whether indoor or outdoor);
- drug paraphernalia;
- miracle cures which include unsubstantiated cures, remedies or other items marketed as quick health fixes;
- drug test circumvention aids;
- extended warranties;
- fortune tellers;
- "get rich quick" schemes;
- gambling (including but not limited to lotteries, internet gaming, contests, sweepstakes, or offering of prizes as an inducement to purchase goods or services);
- sports forecasting or odds making;
- illegal products or services;
- mail-order brides;
- marijuana dispensaries and related businesses;
- unregulated/unlicensed money transmitters or money service businesses;
- multi-level marketing or pyramid schemes;
- online, mail, or telephone order pharmacies or pharmacy referral services;
- prepaid phone cards, phone services or cell phones;
- pseudo pharmaceuticals;
- quasi-cash or stored value;
- securities brokers;
- sexually-oriented or pornographic products or services, or escort services;
- shipping or forwarding brokers;
- substances designed to mimic illegal drugs;
- online, mail, or telephone order tobacco or e-cigarette sales;
- weapons and ammunitions;
- hacking and cracking materials used to enable illegal access:
- fake government identity cards;
- endangered species;
- alcohol and related products;
- organ trade or trafficking;
- cable descramblers and black boxes;
- copyright unlocking devises;
- offensive goods which include literature, products or other materials that: (a) defame or slander any person or groups of people based on race, ethnicity, national origin, religion, sex, or other factors; (b) encourage or incite violent acts; and/or c) promote intolerance or hatred;
- traffic devices which include radar detectors/jammers, license plate covers, traffic signal changers, and related products;
- illegal trade of live animals or hides/skins/teeth, nails and other parts etc. of animals;
- trust/ NGO aggregators;
- unregulated/unlicensed trade of prescription drugs or herbal drugs that requires a prescription from a recognized and licensed medical practitioner;
- pyrotechnic devices and hazardous materials which includes fireworks and related goods; toxic, flammable, and radioactive materials and substances;
- unregulated/unlicensed trade of regulated goods which includes air bags; batteries containing mercury; Freon or similar substances/refrigerants; chemical/industrial solvents; government uniforms; car titles; license plates; police badges and law enforcement equipment; lock-picking devices; pesticides; postage meters; recalled items; slot machines; surveillance equipment; goods regulated by government or other agency specifications;
- wholesale currency, which includes discounted currencies or currency, exchanges including crypto currencies;
- crowdfunding platforms;
- nidhi companies;
- friendship clubs;
- crypto currency, NFTS and virtual currency or credits that can be monetized, re-sold or converted to fiat currency, physical or digital goods or services or to otherwise exit the virtual world;
- products/services intended to inflict or promote revenge, harassment, and other forms of abuse, humiliation and intimidation; and/or
- any product or service which is not in compliance with all applicable laws and regulations whether federal, state, local or international including but not limited to the laws of India.
The User agrees that transactions involving the Card Payment Networks may be disputed at any time up to 180 (one hundred eighty) days, from the date of Transaction by the Customer as per the Card Payment Network Rules. Disputes resolved in favour of the Customer may result in reversal of payments to the Customers (“Chargeback”). In the event of rejection/ suspension of payments to the User, Chargebacks, refunds and/or any other dispute relating to the Transactions contemplated under these Terms ("Transaction Dispute") on any grounds whatsoever, We will forthwith notify the User of the same.
On such notification the User will conduct an internal review of such matter and will, within the time frame prescribed by Us in the notification, revert to Us in writing either:
- requesting Us to refund ("Refund Request") the payment received by the Customer in respect of such Transaction Dispute ("Refund Monies"); or
- providing Us with a statement explaining how the Disputed Transaction is not warranted, together with all documentary evidence in support of contesting such Transaction Dispute.
In the event that the User provides a Refund Request to Us or fails to contest such Transaction Dispute within the aforesaid timeframe prescribed by MyBusiness or contests Transaction Dispute without providing supporting documentation to the satisfaction of MyBusiness, the Service Provider and/or Card Payment Network and/ or issuing Bank, We will be entitled to recover the Refund Monies from settlements subsequently made to the User Account.
The User will be liable to make payment of the Refund Monies or part thereof which has not been returned to Us forthwith. It is hereby agreed and acknowledged by the Parties that the Fees charged by Us in respect of the Transaction Dispute will not be refunded, compensated or paid by Us to the User, Customer or any other person. Further, the Chargeback will be effected within 1 (one) week of the Transaction and the maximum amount of the Chargeback payable by Us to the Customer will be equivalent to the value of the Transaction only.
This Service allows the User to track their customer payments and statements across various Banks under a unified dashboard (“Multi-Account Connect”), and equips the User with automatically generated book-keeping records and reports (“Automated Accounting”).
User notes and agrees that We are only acting as a technology aggregator for these purposes wherein the Our role is limited to the extent of providing the MyBusiness Platform to the User.
Exclusion of Liability
User understands, covenants and confirms that We shall not be liable in case any unauthorized or incorrect instruction is executed by the User or concerned Service Provider resulting in any wrongful amount being debited or credited from the User. Consequently, We expressly exclude any and all direct as well as indirect liability whatsoever which may arise in this regard.
Internet Frauds and Technology Risks
The internet is susceptible to a number of frauds, misuses, hacking and other actions, which could affect use of these Services. Whilst We shall aim to provide security to prevent the same, it does not guarantee the User complete protection from such internet frauds, hacking and other actions, which could affect the use of affect use of these Services. There can be instances where the Services may require maintenance and during such time it may not be possible to process the request of the Users. This could result in delays in the processing of requisite instruction or failure in processing of instructions. The User understands and acknowledges that We disclaim all and any liability, arising out of any failure or inability by Us to honour any Customer instruction.
Collection of User Data
The information collected for performing these Services (“Data”) will be based on the details submitted by the User. The User must provide true, accurate, current and complete Data at all times, failing which, the output from this Data will tend to be false, inaccurate, redundant or incomplete.
Use of User’s Data
The information collected may be used for personalizing the User’s experience and better Our responses to match the User’s requirements, wherever possible, improve the MyBusiness Platform and/or application based on the information, their exact requirements, improving User experience based on feedback.
Request for Consent
The consent for the collection of Data and also for the subsequent use of the Data is deemed to be given by the User when the User decides to avail the Services.
MyBusiness Platform shall not allow any party and/or entity that steal data, secretly monitor or harm Users, or are otherwise malicious. Therefore, the following are expressly prohibited:
- viruses, trojan horses, malware, spyware or any other malicious software.
- apps/ websites that link to or facilitate the distribution or installation of malicious software.
- apps/ websites that introduce or exploit security vulnerabilities.
- apps/ websites that steal a User’s authentication information (such as usernames or passwords) or that mimic other apps or websites to trick Users into disclosing personal or authentication Data.
- apps/ websites that install other apps on a device without the User’s prior consent.
- apps/ websites designed to secretly collect device usage, such as commercial spyware apps.
MyBusiness offers a single unified interoperable QR code to the User for accepting payments made using third party UPI apps, net-banking etc. (“QR Code”).
- The User shall, upon receipt of the QR code, link the QR Code to the User Account. By linking or using the QR Code in any manner whatsoever, the User hereby accepts these Terms and unconditionally authorises Us to hold, receive, disburse and settle funds on its behalf. This authorization permits Us to receive an electronic funds transfer initiated by the Customer into the Escrow Account to process each Transaction.
- The User understands that the QR Code which will be generated by Us is unique and specific to the User and the User shall at all times maintain security of this QR Code. Specifically We shall not be liable in any manner whatsoever for any negligent or wilful misuse of the QR Code by the User or its agents/ employees.
- The User may link the Business Current Account to MyBusiness Pay to settle the amounts collected in MyBusiness. Pay. When collected amounts into MyBusiness Pay using QR Codes the User will also be subject to the provisions governing the use of MyBusiness Pay (including settlement timelines and Fees, as applicable), as set out under these Terms.
- The User agrees and understands that We reserve the right to suspend settlements into MyBusiness Pay and/or the Business Current Account or opt for any other equitable remedy (including termination of these Terms) if it determines at its sole discretion that the User violates any of these Terms.
- The User hereby represents, warrants and covenants that the User shall deliver the goods/services to its Customers either before or immediately upon the payment for such goods/services by the Customers using the QR Code.