1. Acceptance of Terms of Use for mChek Services
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1.1 |
Please read these terms and conditions carefully. Availing the mChek Services (as defined below), means that you accept and agree to abide by these terms and conditions. In case you do not agree to abide by these terms and conditions, please do not avail the mChek Services. |
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1.2 |
mChek may in its sole discretion alter, add or delete these terms and conditions from time to time without any prior notice which shall come into effect automatically, unless otherwise specified by mChek. If you do not agree to any modifications, you should discontinue availing the mChek Services (other than those which have already been availed by you prior to such modifications). In the event you continue to avail the Services, it will be deemed that you agree to abide by the amended terms and conditions. |
2. Definitions
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2.1 |
“mChek” shall mean and include MCHQ Inc., with its registered office at P O Box 309 GT, Ugland House, South Church Street, GeorgeTown, Grand Cayman, Cayman Islands, its affiliates, group companies, successors, licensees, and assigns and mChek Payment India Pvt. Ltd. with its registered office at 705, C-Wing, Pramukh Plaza, Cardinal Gracious Road, Chakala, Andheri (E), Mumbai - 400 099, India, its affiliates, group companies, successors, licensees, and assigns. |
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2.2 |
“mChek Services” shall include services to enable you: |
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- to make payment of bills raised by a person selling goods or providing services (”Merchant”) for the purchase of such goods or services.
- to effect financial and money transfer transactions through the mobile phone as well as through kiosks.
- to transfer money from your account to another account.
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3. Your Obligations
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3.1 |
3.1 You may avail the mChek Services to pay a bill by credit card, debit card and other financial instruments, if the Merchant accepts payments via the mChek payment system. List of Merchants who accept mChek is available at http://main.mchek.com/merchants. |
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3.2 |
You are responsible for correctly entering the mChek PIN. If the mChek PIN is incorrect, it may result in your bill remaining unpaid. In that event, you will be responsible for any additional fees and charges levied by either your Bank, credit/debit card issuer or the Merchant. |
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3.3 |
You agree that all information provided by you to mChek, to avail the mChek Services is correct to the best of your knowledge. |
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3.4 |
You authorise the Merchant to debit your nominated credit/ debit card, based on the details of the credit/ debit card provided by you at the time of registration, for the settlement of bills as selected by you. You also warrant that you are entitled to use the credit/ debit card for such payments. |
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3.5 |
It is your responsibility to ensure that sufficient credit is available on your credit/ debit card account to permit the payment your bill. |
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3.6 |
If mChek or the Merchant believes the transaction effected using the mChek Services to be incorrect, unauthorized or fraudulent, mChek or the Merchant can reverse the payment. In such circumstances, your bill will remain payable to the Merchant. |
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3.7 |
You may not use mChek Services to engage in any illegal activities. |
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3.8 |
You may not use the mChek Services in any manner that could damage, disable, overburden, or impair mChek’s servers or networks. You may not attempt to gain unauthorized access to any services, devices, user accounts, computer systems or networks, through hacking, password mining or any other means. |
4. Your Charges
mChek will not charge you for individual bill payment transactions made using the mChek Services. You may, however, incur charges:
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a. |
As applicable by the Merchant for mChek service and such other charges specified by the Merchant; |
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b. |
As applicable by the Bank for service fees, as well as government duties, taxes and fees. |
mChek however reserves the right to impose applicable charges on you for the mChek Services. The charges shall be intimated to you through a message on your mobile phone provided to mChek at the time of registration.
5. Registration Information
You agree to provide true, accurate, current and complete information about yourself to the mChek Customer Service when you receive the phone call at the time of registration for mCheck services.
6. mChek Rights and Obligations
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6.1 |
mChek is entitled to record any communications between mChek and you and any such recording may be used as evidence in any proceedings or disputes involving mChek or its partners including Merchants for fraud or recovery related cases. Communications sent by means of e-mail, or SMS instructions from the mobile shall be treated as communication in writing. Each party waives any right it may have to challenge any such communication on the basis that it was prepared or sent or received in electronic form. |
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6.2 |
mChek is authorized to execute instructions given by you (“the User”) through whatever means including but not limited to SMS, Web or through mobile provided the same has been authenticated by use of the mChek PIN or through other mechanisms that can be used to identify you including mobile number, financial account number etc. You agree to be liable for all monies due and liabilities incurred arising from instructions given. |
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6.3 |
mChek shall not be liable to you (a) for any Loss incurred by you arising from or due to breakdown of an equipment, delay in the transmission or wrongful interception of any instruction through any equipment or system, including any equipment or system owned and/or operated by or for mChek, or (b) any breach of mChek's obligations towards you caused by or arising from any of the foregoing events. |
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6.4 |
mChek is entitled to set limits on your transaction value from time to time without providing any prior notice of the same. This limit on your transaction value may be specific to a Merchant, credit/debit card, bank, account, operator, any other category or generally applicable. |
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6.5 |
mChek is hereby entitled to analyse your transaction information from time to time for the purpose of providing you updates with respect to mChek services and facilities. |
7. Data Protection
For information about mChek’s data protection practices, please read mChek’s privacy policy made available to you along with these terms and conditions.
8. Representations, Warranties and Undertakings
You hereby represent, warrant and undertake that:
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8.1 |
You have the complete authority to accept and agree to the terms and conditions mentioned herein, and to give mChek any instructions from time to time; |
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8.2 |
While routing funds through mChek for the purpose of either registration or other transactions, you shall, at all times, comply with all applicable laws including but not limited to the laws relating to money laundering, |
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8.3 |
You acknowledge that mChek may be subject to regulations and obligations with respect to detection, disclosure and prevention of money laundering. |
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Accordingly, you undertake and agree in connection therewith: |
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| 8.3.1 |
to fully cooperate with mChek and to provide all information requested by mChek from time to time with regard to you and all transactions executed through mChek in order to enable and assist mChek in discharging its obligations under the applicable laws and practices in any jurisdiction where mChek conducts business, where any User is located, and / or other service provider to mChek is located including, but not limited to, copies of such information and documents concerning its business and financial position as mChek may request; |
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| 8.3.2 |
mChek may discontinue or suspend providing any further mChek Services to you if mChek has a reason to believe that you have been engaged in the commission of any fraud or unlawful activity, and mChek will incur no liability to you for such discontinuance or suspension of mChek Services; |
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| 8.3.3 |
that mChek may use any User information to prevent or investigate any fraud or unlawful conduct, including any suspected fraud or unlawful conduct; |
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| 8.3.4 |
that mChek may disclose any User information to (A) any investigative agencies or other persons which may assist mChek in complying with anti money laundering or regulatory obligations, (B) any organization which provides any services to mChek in connection with the financial services provided by mChek, (C) regulatory bodies, government agencies, law enforcement agencies and courts, (D) other financial institutions, including any banks, and (E) User's authorized agent, executor, administrator or legal representative; and |
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that mChek shall have no liability to you for any disclosure of User information as provided for in this Clause. |
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8.4 |
The representations, warranties and undertakings in Clause 8 shall apply for any and all instruction given to mChek from time to time. |
In addition to the abovementioned terms and conditions, you shall also be bound by the terms contained in Additional Terms.
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