All the rights, benefits, liabilities & obligations under the following terms & conditions shall accrue to the benefit of Falcon.
(a) “Employee” or “you” means any person who uses the Falcon Card for payment of goods and services in accordance with these Terms and Conditions;
(b) “Employer” means your employer who has entered into an arrangement with Falcon for availing the Falcon Tab services from Falcon.
(c) “Falcon Account” means the electronic account which may or may not be linked to the Falcon Card;
(d) “Falcon Card” means the co-branded virtual and/or physical prepaid payment instrument issued by Bank with Falcon as the co-branding partner to you for purchase of goods and services in accordance with these Terms and Conditions;
(e) “KYC” stands for Know Your Customer and refers to the norms, rules, laws and statutes issued by the RBI from time to time under which Falcon (on behalf of Bank) is required to procure personal identification details from you before any Transactions can be carried out. Know Your Customer (KYC) documents may be required by Falcon (on behalf of Bank) from you at the time of registration of your Falcon Account and/or on a later date, for use and/or continued use of Falcon Account and/or Falcon Card by you;
(f) “Password” means the secret password, pin or other form of security used to secure your Falcon Account and related applications, without knowledge of which your Falcon Account and /or the Falcon Card will not be operable;
(g) “RBI” means the Reserve Bank of India;
(h) “Bank” refers to any partner bank, current or future, with which Falcon is partnered to offer financial and other services; such banks are licensed to carry out the business of banking under the Banking Regulation Act, 1949; and
(i) “Transaction” means a purchase of goods and services from a merchant using the Falcon Card (linked to your Falcon Account).
2.1. The collection, verification, audit and maintenance of correct and updated information is a continuous process and Falcon reserves the right, at any time, to take steps necessary to ensure compliance with all relevant and applicable KYC requirements. Without prejudice to the rights under applicable law, Bank/Falcon reserves the right to discontinue services/reject applications at any time if there are discrepancies in information and/or documentation provided by you for the purpose of operating a Falcon Account.
2.2. Any information provided to Falcon with the intention of setting up a Falcon Account shall vest with Bank, and may be used by Falcon/Bank, for any purpose consistent with any applicable law or regulation, at its discretion.
2.3. By accepting these Terms and Conditions you agree that any information provided by you to Falcon in connection with the Falcon Account may be used by Falcon/Bank/Employer for offering and providing future services and products of Falcon and its affiliates.
- GENERAL CONDITIONS OF SERVICE
3.1. You will be provided a Falcon Account (which can be linked to a Falcon Card) for use of Falcon Tab facility, as approved by the Employer. You will be able to use the Falcon Card after You have submitted Your KYC documents to Falcon and Falcon has successfully verified the same. Your registration process will be complete after successful authorization by Your Employer. The Falcon Account for use of Falcon Card shall ordinarily be activated within 5 (five) working days of receipt and verification of the associated documentation and authorization from the Employer. For detailed features, registration processes, documentation processes, KYC requirements, permitted Transactions, discontinuation procedure and other related details relating to the above, please refer [insert Falcon’s website link].
3.2. You may use your Falcon Card (linked to your Falcon Account) for undertaking and facilitating Transactions, as permitted by Bank, Falcon or the Employer, in compliance with these Terms and Conditions.
- PAYMENT AND CHARGES
4.1. The value available in your Falcon Card (linked to your Falcon Account) would depend on the authorization of the Employer and you irrevocably and unconditionally authorize the Employer to instruct Falcon to alter or amend such values and available amounts. Any value in your Falcon Card (linked to your Falcon Account) that is utilized towards facilitating any Transactions, shall be automatically debited / applied from the balance in Your Falcon Account. Bank or Falcon may refuse to facilitate a Transaction in case of any breach of amounts, categories, limits etc. by You, that have been set for Transactions basis the Employer’s instructions to Falcon from time to time. The Employer may at any time impose, decrease or alter limits on the usage of the Falcon Card (linked to your Falcon Account) by You with respect to amounts, categories, limits etc, in its sole discretion with no prior notice to or consultation with You.
4.2. You irrevocably and unconditionally authorize Bank / Falcon to process payment instructions and / or debit available funds in connection with a Transaction pursuant to your usage of the Falcon Card for a Transaction, as agreed with respect to the provision of Falcon Tab services between the Employer and Falcon from time to time. You agree that Bank, the employer or Falcon does not endorse, promote, champion or warrant any goods and/or services that might be bought/availed or proposed to be bought/availed using a Falcon Card.
4.3. Your usage of the Falcon Card for any Transaction is subject to such Transactions being approved or authorized by the Employer and Falcon. Where such Transaction is not approved or authorized, in addition to rejecting the execution of such Transactions using the Falcon Card, you are responsible for settling any payments in connection with such unapproved or unauthorized Transaction. You agree to reimburse the Employer and Falcon for any costs, fees, expenses or charges that may be incurred by the Employer or Falcon in connection with such unapproved or unauthorized Transaction.
4.4. Bank/Falcon reserves the right to set off any balance held by you in your Falcon Account in order to recover funds for unapproved or unauthorized Transactions or any monies due to Bank/Falcon from you, in connection with any other transaction.
- YOUR OBLIGATIONS
5.1. You confirm, represent and warrant that:
(a) You are above 18 years of age and are competent to contract under Indian law; (b) You are a resident of India;
(c) You will provide details such as your name, mobile number, and email addresses correctly so as to enable Falcon to verify your identity and maintain such records so that this information can be provided to RBI/ Bank or other regulatory authorities, if required;
(d) You will ensure that no unauthorized personnel are permitted to either access your Falcon Account or carry out any Transactions using Falcon Card. You are solely responsible for any Transactions carried out using Falcon Card; and
(e) You shall not use Falcon Card for any purpose that is contrary to any applicable law, regulation, guideline, judicial dicta, Falcon or Bank or the Employer’s policies, directions, conditions and guidelines, or the public policy of India or for any purpose that might negatively prejudice the goodwill of Falcon, Bank or the Employer. You shall, without delay, report any misuse of Falcon Card or your Falcon Account to Falcon and the Employer.
5.2. You agree that you will not use the Falcon Card or the Falcon Account and will not facilitate/assist/encourage/advise any other person to use their Falcon Card or Falcon Account to execute any Transaction that:
(a) Would result in the displaying, uploading, publishing, distribution, dissemination, transmission, updating or sharing any information that 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;
(b) Infringe any patent, trademark, copyright or other proprietary rights;
(c) Would result in the displaying, uploading, publishing, distribution, dissemination, transmission, updating or sharing any information that Contains viruses, corrupted files, or any other similar software or programs that is designed to interrupt, destroy or that may limit the functionality of any computer source or that may damage or adversely affect the operation of another person’s computer, its web-sites, any software or hardware, or telecommunications equipment;
(d) Results in the advertisement of offer to sell any goods or services for any commercial purpose;
(e) Would result in the displaying, uploading, publishing, distribution, dissemination, transmission, updating or sharing any information that is in the nature of promotional services, products, surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;
(f) Falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;
(g) Violates any law for the time being in force;
(h) Would result in the displaying, uploading, publishing, distribution, dissemination, transmission, updating or sharing any information that belongs to another person to which you do not have any right;
(i) Interferes with or disrupts Bank, Falcon or the Employer’s websites, servers, or networks;
(j) Would result in you or any other person to impersonating any other person; (k) Harms minors in any way;
(l) Would result in the forging of headers or manipulate identifiers or other data to disguise the origin of any content transmitted through its websites or to manipulate your presence on its websites;
(m) Would engage in any illegal activities or any activity or Transaction that is prohibited by the Employer or Falcon; and
(n) 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 the investigation of any offence or insults any other nation.
5.3. Availability of the usage of the Falcon Card or the Falcon Account is subject to, amongst other things, the maintenance of a mobile phone handset and other applications on which the Falcon Account is operated. You are solely responsible for all liability arising from the unavailability of the Falcon Account due to a mobile handset or internet service provider not supporting the use of the Falcon Account channel or application.
5.4. You shall be solely responsible for the confidentiality, safety and security of the Falcon Card and the Falcon Account and the Password. You shall be the sole owner of the Password and shall be responsible for the consequences arising out of disclosure of the Password and/or the unauthorized use of Falcon Card and the Falcon Account. In case you forget or lose your Password, please follow the instructions given on the Falcon website / portal to reset your Password. After you reset your Password, the old Password will be deactivated and a new Password will be issued to you after necessary validation. In case the mobile phone/SIM card associated with your Falcon Account is lost/stolen/misplaced/no longer in your control, you shall promptly, but in no case later than 24 hours, inform Falcon and block / deactivate the relevant account and any Falcon Card. If you fail to ensure the safety and security of the Falcon Account, Falcon Card and the Password, you may be liable for the unauthorized use of your Falcon Account and the Falcon Card. If you fail to report or unreasonably delay in reporting any unauthorized Transaction or any fraudulent activity carried out using your Falcon Account and Falcon Card, you may be liable for such Transactions.
5.5. Falcon and the Employer reserves the right to deactivate any Falcon Card, the Falcon Account operated by you for Falcon Tab, cancel the value or amounts available in your Falcon Card, at any time for any reason, without any prior notification or notice.
5.6. Without prejudice to any other right of the Employer or Falcon or Bank’s rights, Bank/Falcon reserves the right to suspend/discontinue your Falcon Account and/or cancel the Falcon Card issued to you, without giving prior intimation to you, for any cause, including, but not limited to, any of the following:
(a) For any suspected violation of the rules, regulations, orders, directions, notifications issued by RBI from time to time or for any violation of the Terms and Conditions;
(b) If any information provided by you is inaccurate, false or misleading;
(c) To combat potential fraud, sabotage, willful destruction, threat to national security or for any other force majeure reasons etc.;
(d) In order to comply with applicable laws and regulations;
(e) If the same is due to technical failure, modification, upgradation, variation, relocation, repair, and/or maintenance due to any emergency or for any technical reasons;
(f) If the same is due to any transmission deficiencies caused by topographical and geographical constraints/limitations;
(g) If the mobile connection with which your Falcon Account is related ceases to be operational or in your possession or control; and
(h) If Falcon believes, in its reasonable opinion (or on the instructions of the employer), that cessation/suspension is necessary.
5.7. No interest shall be payable by Falcon, Bank or the Employer with respect to any available balances or limits reflected on your Falcon Account or the Falcon Card.
5.8. You are permitted to maintain and operate only one Falcon Account linked with the usage of Falcon Tab for an Employer. Any suspected non-conformity with this requirement shall be just cause for the suspension/discontinuation of any/all Falcon Accounts associated with you by Falcon.
5.9. You acknowledge and understand that the Falcon Account is linked to your mobile phone number and you shall be solely responsible for any liability arising out of the loss/theft/misuse of the mobile phone number or deactivation of mobile connection by the concerned telecom service provider, in respect of the Falcon Account.
5.10. You shall ensure that the Falcon Card is not used for Transactions in foreign currency, except as permitted. Falcon Card is issued & shall be valid only in India and shall be used only in India.
5.11. You hereby declare that your name does not appear in the consolidated list of terrorist individuals/organizations as circulated by the RBI from time to time.
5.12. Upon activation of your Falcon Account, it is deemed that you have unconditionally agreed to be bound by these Terms and Conditions (as may be modified and updated by Falcon from time to time), including without limitation, and any other terms and condition as may be intimated by Bank/Falcon to you.
5.13. You agree that these Terms and Conditions will be read in conjunction all policies applicable to you as an employee of the Employer and the terms and conditions imposed by Bank. All rights accruing to Bank, Falcon or the Employer is without prejudice to any rights that Bank, Falcon or the Employer may have otherwise or under applicable law.
5.14. You shall ensure that:
(a) You inform Bank/Falcon of any attack or malicious activity on your electronic device that runs the software provided by Falcon to use the Falcon Account or the Falcon Card and should immediately uninstall such software to protect yourself from loss of value;
(b) Update the software provided by Falcon to use the Falcon Account from time to time and as made available through legal distribution channels; and
(c) You only use Falcon Account and the Falcon Card for bona fide transactions and for the Transactions available as per these Terms and Conditions, the terms and conditions notified by Bank, and as may be permitted by the Employer.
5.15. You shall not tamper/modify/alter/reverse engineer any software provided by Falcon for the use of the Falcon Account; and
- ADDITIONAL T&Cs
6.1. When you carry out any Transaction to acquire any goods, software or any other services from a merchant or any other third party using the Falcon Card or otherwise facilitate a Transaction, you understand and agree that, Bank, Falcon or the Employer is not a party to the contract between the you and any third party. Any dispute with or complaint against you must be directly resolved by you with such person. Bank, Falcon or the Employer shall not be responsible or liable for any deficiency in goods and/or services purchased using the Falcon Card. This exclusion of liability shall apply even for goods and/or services made available by Falcon or Bank under promotional schemes. You shall satisfy yourself regarding the quality, quantity and fitness of any goods and/or services before purchase.
6.2. Any amount transferred erroneously by you or any Transaction executed erroneously shall not be refunded to you by Bank/Falcon in any circumstances. Falcon shall not be liable for any loss or misuse of the Falcon Account.
6.3. The maximum monetary value of Transactions, nature and kind of Transactions, number of transactions etc. shall be as notified to you by Falcon or the Employer. The Employer may, in consultation with Falcon, place limits Transactions are deemed necessary and appropriate. Additionally, Transactions will be subject to the guidelines/notifications issued by RBI from time without prior intimation to you.
6.4. In the event of any dispute, Bank/Falcon records shall be binding as the conclusive evidence of the Transactions carried out through use of the Falcon Card. You authorize Bank/Falcon to share all details of Transactions carried out using the Falcon Card with the Employer.
6.5. Communication from FALPAY
Falcon may, from time to time, communicate with you via SMSs. These communications may be necessary to apprise you of any transactions that you may undertake or any any updates made to any payment instruments used by you that are powered by Falcon. Such SMSs will be identified by the name “FALPAY”. Please note that this does not mean that Falcon is payment gateway, banking services provider, or any regulated entity, or providing such services as may exclusively be provided by regulated entity. Further, you are strongly advised to go through all communications received by you from FALPAY, considering that we will only relay information that we deem to be relevant to you and in your best interest.
6.6. You agree to receive all commercial messages, promotional material and other content including transactional messages from Bank/Falcon.
Falcon MAKES NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE Falcon ACCOUNT, Falcon CARD, AND ANY SOFTWARE PROVIDED BY Falcon TO USE THE Falcon ACCOUNT, Falcon CARD AND ANY SERVICES OFFERED. Falcon EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE.
Falcon provides the Falcon Account, Falcon Card, or any software to use the Falcon Account, and any other technology and services on an “as is”, “where is”, “with all faults” basis. Falcon does not warrant that the Falcon Account, Falcon Card, any software provided by Falcon to use the Falcon Account or the Falcon Card, or any other technology and services will be uninterrupted, error-free, available or operational at any particular time, or that any known defects will be corrected.
- LIMITATION OF LIABILITY
8.1. WITHOUT PREJUDICE TO THE TERMS OF THE SERVICE PROVIDER AGREEMENT AND NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, NEITHER Falcon, NOR ITS AFFILIATED COMPANIES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR ANY RELATED PARTY SHALL HAVE ANY LIABILITY TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE OR PROFITS OR GOODWILL ARISING UNDER OR RELATING TO THESE TERMS AND CONDITIONS, Falcon ACCOUNT, ANY SOFTWARE PROVIDED BY Falcon TO USE THE Falcon ACCOUNT, AND ANY OTHER TECHNOLOGY AND SERVICES PROVIDED BY Falcon, EVEN IF ANY OF THE SAID PARTIES HAD BEEN ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
8.2. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Falcon’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION (WHETHER LIABILITY ARISES DUE TO NEGLIGENCE OR OTHER TORT, BREACH OF CONTRACT, VIOLATION OF STATUTE, MISREPRESENTATION OR FOR ANY OTHER REASON), WILL AT ALL TIMES BE LIMITED TO INR 100 (RUPEES ONE HUNDRED).
9.1. Compliance with law: Falcon Account is governed by various applicable laws which includes that RBI’s Master Direction on Issuance and Operation of Prepaid Payment Instruments (as amended and supplemented from time to time) dated October 11, 2017, and is also subject to directions/instructions issued by the RBI from time to time in respect of redemption, repayment, usage etc. Bank, Falcon or the Employer will not be responsible or liable for any violation by you of applicable law, regulation, or guideline.
9.2. Confidentiality: Privacy of communication is subject to applicable laws and the RBI’s notifications/directives etc. You specifically agree that in order to facilitate the provision of Falcon Account or the usage of the Falcon Card, Falcon may be required to disclose any information or particulars pertaining to you or your Transactions to any authority, statutory or otherwise.
9.3. Intellectual property rights: Falcon, or its licensors, own all right, title and interest, including, but not limited to all copyright, trademark, patent, trade secret or other proprietary rights (“IP Rights”), in and to the Falcon Account, Falcon Card, and any software provided by Falcon to use the Falcon Account, the usage data. You shall not reproduce, distribute, transmit, modify, create derivative works, display, perform or otherwise use the Falcon Account, Falcon Card
or any of the IP Rights, or attempt to reverse engineer, decompile, disassemble, or derive the source code for the Falcon Account and/or Falcon Card or use the Falcon Account and/or Falcon Card to create a competing product. Unauthorized use of the IP rights is strictly prohibited and all rights are expressly reserved to Falcon.
9.4. Severability: Should any provision of these Terms and Conditions be deemed unenforceable or invalid, the other provisions of these Terms and Conditions shall remain in full force and effect.
9.5. Information: By accepting these Terms and Conditions, you agree that any information provided to Bank/Falcon by you in connection with use of Falcon Account or the Falcon Card shall vest with Bank/Falcon, and may be used by Bank / Falcon, for any purpose consistent with any applicable law or regulation, at its discretion. You agree and accept that any information submitted by you for availing Falcon Account and/or information submitted while using the Falcon Card or the Falcon Account may be shared with affiliate, merchant or any third party by Falcon to, amongst other things, facilitate the provision of Falcon Account and any Transactions using the Falcon Card.
9.6. Indemnification: You agree to defend, indemnify and hold Falcon, Bank and their respective, employees, officers, directors, agents, contractors and personnel from and against any loss, costs, damages, expenses, claims, actions, demands, liabilities, judgments, and settlements, including without limitation, reasonable legal fees resulting from or alleged to result from your use of the Falcon Account and Falcon Card, your violation of these Terms and Conditions, or your breach of any applicable laws.