Terms of Use

These Terms of Use (“Terms”) govern your (“User”, “you”, “your”) access to and use of the Platform (as defined below) and Services (as defined below), provided by Bharosepe Technology Services Private Limited, a company incorporated under the laws of India and having its registered office at 100 Ft Road, HAL 2 Stage Indiranagar Bengaluru Karnataka-560038 (“Jodo”, “Company”, “we”, “us”, “our”).

Please read these Terms carefully before accessing or using the Platform and Services. These Terms are incorporated by reference:

• Our Privacy Policy, available at https://collect.jodo.in/privacy-policy/ (“Privacy Policy”); and

• The terms and conditions of the Payment Partner (defined below), available at https://payu.in/online-pa-tncs/ (“Payment Partner Terms”).

The Company, through its mobile application and/or website (the “Platform”), in partnership with various payment aggregators and processors (“Payment Partners”) enables you to conveniently make recurring or automated payments, through setting up payment mandates or enabling Autopay through the Unified Payments Interface (“UPI”), or other payment instruments that may be supported from time to time, to pay for the goods and/or services you have purchased from merchants who use the Platform (“Merchants”), by paying on payment links and QR codes generated by such Merchants through the Platform (“Services”).

By availing the Services, you also agree to be bound by the Payment Partner Terms. All payments are processed in accordance with applicable laws and the Payment Partner Terms.

By accessing or using the Services to make payments to Merchants, you acknowledge and agree to be bound by these Terms, thereby forming a binding contractual relationship between you and the Company. If you do not agree to be bound by these Terms, you must not access or use the Services.

By accepting these Terms, you also accept and agree that the Services provided through the Platform are neither a banking nor financial service, but that Jodo is merely a technology facilitator enabling online automated receipt of recurring payment for services rendered/ products delivered to you by the Merchants, in partnership with Payment Partners and such Merchants, using existing authorised banking infrastructure and payment gateway networks.

By making such payment facility available to you, the Company is neither acting as a trustee nor in a fiduciary capacity with respect to any Transaction (as defined below) that occurs on the Platform. At all times, the funds for Transactions will be directly debited from your bank account, and directly remitted to Merchant’s bank account, based on the Payment Partner Terms. You understand that the Company is not involved in the settlement of any amounts due and payable to the Merchants from you, including for any Transactions, unauthorized access, hacking or other security breaches. For these Terms, (“Transaction”) means any transaction whereby a payment is made by you to the Merchant through a payment instrument offered by Payment Partners, enabled through the Platform.

Your ability to make payments to Merchants through our Services is subject to our independent arrangements with such Merchants at all times. You are strongly advised to review the terms and privacy policy of the relevant Merchant, available on its website, to understand your engagement with such Merchant, as well as how your data may be collected, used, processed, or shared by the Merchant.

Your continued use of the Platform for the Services constitutes your acknowledgement that you have read, understood, and agreed to these Terms and our Privacy Policy, and that your access is conditional upon your irrevocable consent to and acceptance of all terms, conditions, and obligations contained herein (as may be amended from time to time).

A. GENERAL

These Terms are governed by the provisions of the applicable Indian laws, the rules, regulations, guidelines, and clarifications framed thereunder, including but not limited to:

• The Indian Contract Act, 1872; and

• The Information Technology Act, 2000 (“IT Act”)

B. ELECTRONIC RECORD

These Terms and your activity under these Terms are an electronic record as per the IT Act and these Terms, being electronically generated by a computer system, do not require any physical or digital signatures.

C. ELIGIBILITY

By using or accessing the Services, you represent and warrant to the Company that you:

1. have the full legal capacity and authority to enter into and be bound by these Terms;

2. you are at least eighteen (18) years of age;

3. are a resident of India;

4. possess the requisite authority to enter into and perform your obligations under these Terms;

5. have availed of a product/ service from the Merchant;

6. have, and at all times during the Term hereof, maintain a bank account in India in accordance with applicable laws; and

7. have submitted a consent form/ acknowledgement to the Merchant, consenting to auto-debit of your bank account.

D. ACCESS TO THE SERVICES

1. Access to Features: The features and functionalities available on the Platform may vary, and each such feature and/or functionality is provided in partnership with the Payment Partners on an “as-is” basis, subject to our independent arrangements with, or the instructions regarding Transactions provided by the Merchants. Notwithstanding anything to the contrary, we reserve the right, at our sole discretion, to enable, modify, or disable any feature on the Platform at any time. The Merchant shall be granted access to a dashboard on the Platform through which the Merchant may input your requisite details for a Transaction, strictly with your express consent. Upon such details being provided, the Company, in partnership with its Payment Partners, shall generate a payment link, which may be shared by the Merchant with you. You acknowledge that the Company has no responsibility or liability for verifying or obtaining your consent, and that such consent shall be obtained solely by the Merchant.
2. Refunds, cancellations, and Customer support: The Merchant is solely responsible for providing the services and/or products purchased by you and for maintaining and implementing a clear, lawful, and transparent refund and cancellation policy in respect thereof. Such policy shall be readily accessible to you and shall comply with all applicable laws and regulations. Any complaints, disputes, queries, or claims you may have relating to the services and/or products supplied by the Merchant, including those about the quality, delivery, pricing, refunds, or cancellations, must be addressed directly to the Merchant. The Merchant is responsible for providing timely and adequate customer support to resolve such matters, and the Company shall bear no responsibility or liability in this regard.
3. You acknowledge and agree that the Company may be required to modify, suspend, or restrict the Services, in whole or in part, to comply with applicable laws, regulations, or governmental directions. In such circumstances, you may be unable to access all or any part of the Services, and the Company shall not be liable to you for any resulting inability to access the Services arising from such compliance. You further understand that the availability of the Services may be affected or interrupted due to planned maintenance, force majeure events, or any other circumstances beyond the Company’s reasonable control and which may be attributable to our Payment Partners.

4. Payment Processing: The Company has partnered with one or more Payment Partners to facilitate payments through the Platform. The processing of such payments shall be governed by the terms and conditions of the relevant Payment Partner, in addition to these Terms. The Company shall not be responsible or liable for any act, omission, error, or delay on the part of the Payment Partner. In the event of any unsuccessful payment, any amount debited from your account shall be credited back to the source account strictly in accordance with the Payment Partner Terms. You acknowledge and agree that all amounts collected by the Payment Partner from you in respect of any Transaction shall be settled with the relevant Merchant strictly in accordance with the Payment Partner Terms, subject to deduction of any applicable processing fees or charges levied by the Payment Partner. You understand and acknowledge that, the Company shall not be responsible or liable, whether directly or indirectly, for any loss or damage suffered by you, including but not limited to, arising from:

   • lack of authorization for any Transaction(s);
   • exceeding the preset limit mutually agreed between you and your bank;
   • any payment processing issues related to the Transaction; or
   • the decline of the Transaction for any reason whatsoever.

E. REFUND AND CHARGEBACKS

1. Refunds – Any refunds in respect of payments made by you to a Merchant shall be the sole responsibility of the Merchant, and the Payment Partner shall be responsible for processing such refunds at the Merchant’s instructions. The Company shall not be responsible or liable for processing, facilitating, or ensuring any such refunds, and shall have no liability for any claims, disputes, penalties, costs, or expenses arising in connection therewith.

2. Chargebacks – You acknowledge that any chargeback requests initiated by you through your issuing bank, card network, or other payment channel shall be handled in accordance with the applicable Payment Partner Terms and the Merchant’s policies. The Company shall bear no responsibility or liability in respect of any chargeback, including for any associated fines, penalties, costs, or fees that may be imposed by payment partners, card schemes, or financial institutions

F. PROHIBITED ACTIVITIES

You shall not, directly or indirectly, engage in any of the following activities while accessing or using the Services:

1. Linking our Platform on any other website, application, or platform in any manner that:

   • portrays, suggests, or implies our endorsement, association, or approval of any person, product, or service, unless our prior written consent has been obtained;

   • is illegal or promotes unlawful activity; or

   • causes, whether intentionally or unintentionally, damage to or has the potential to harm our reputation or goodwill.

2. Using the Services for any purpose or in any manner that violates applicable laws, regulations, or third-party rights.

3. Engaging in fraudulent Transactions, misrepresentation, or identity theft.

4. Using the Services to pay for any products or services that are illegal, unsafe, counterfeit, infringing, or otherwise restricted under applicable laws or Payment Partner Terms.

5. Engaging in activities that disrupt, damage, interfere with, or impair the operation of the Platform or Payment Partner systems.

6. Using/accessing the Services to conduct high-risk or illegal Transactions, including but not limited to transactions in relation to money laundering, terrorist financing, tax evasion, or to conceal or disguise the proceeds of unlawful or criminal activity.

7. Attempting to bypass or circumvent security controls, authentication systems, or payment verification procedures.

8. Scraping, mining, or harvesting data from any portion of the Services.

9. Falsely implying any partnership, endorsement, or affiliation with us without prior written consent.

10. Using our trademarks, logos, or brand identifiers in an unauthorised manner.

11. Reverse engineering, decompiling, or otherwise attempting to extract the source code of any portion of the Services.

12. Interfering with, overloading, or launching denial-of-service (DoS) or distributed denial-of-service (DDoS) attacks against the Platform or Payment Partner systems.

13. Submitting false, inaccurate, incomplete, or misleading information in relation to or for the Services.

14. Engaging in any activity that is intended to manipulate, artificially inflate, or distort transaction volumes or payment flows.

15. Accessing the Services for gambling, betting, lottery, sweepstakes, or other regulated gaming activities without necessary licenses or authorizations.

G. DISCLAIMER

You acknowledge and agree that we do not, in any manner whatsoever, endorse the Merchants or the Merchant’s products and services. Your use/access of Services is at your sole risk and is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.

To the fullest extent permitted by law, the Company makes no representation or warranty of any kind whatsoever for the content, materials, information and/or functions available through the Services, or for any breach of security associated with the transmission of information (including sensitive information) through the Platform.

Any reliance on the material or information made available through the Services is at your own risk. We do not warrant that the Services will be uninterrupted, timely, secure, or error-free, or that any errors will be corrected. We do not warrant that the results obtained from use of Services will be accurate or reliable.

To the fullest extent permitted by law, we expressly disclaim:

1. all warranties of merchantability, fitness for a particular purpose, title, and non-infringement with respect to the Services;

2. any liability for any loss of data, loss of business, loss of reputation, or loss of profits, whether direct, indirect, incidental, or consequential, arising out of your use of or inability to use the Services;

3. any responsibility for the acts, omissions, errors, representations, warranties, breaches, or negligence of any third parties (including Payment Partners, banks/financial institutions and Merchants) or for any personal injury, death, property damage, or other damages or expenses resulting therefrom;

4. any responsibility for the quality, safety, legality, or fitness of any goods or services that you may buy, or receive through use of the Services or from the Merchants;

5. any assurance that the Services, or any associated systems, networks, or servers are free of viruses, malware, or other harmful components;

6. any responsibility for unauthorised access to or use of your data, or information unless such access is solely and directly attributable to our gross negligence or willful misconduct;

7. any liability or responsibility for ensuring that your use/access to the Services and the goods or services you avail comply with all applicable laws, rules, regulations, and governmental orders;

8. any liability for any damages, interests, claims, or other consequences resulting from the non-processing or delay in processing of any Transaction; and

9. any liability for the delivery, non-delivery, quality, quantity, condition, or timeliness of any goods or services purchased by the User, it being clarified that such matters shall be governed solely by the independent contract or arrangement between you and the Merchant.

10. Any obligation to provide support and/or assistance beyond what is expressly set out in these Terms.

11. Any liability for Transactions conducted with fictitious, fraudulent, or impersonated identities or accounts, whether or not you were aware of the same.

12. Any guarantee that the Services will be compatible with all devices, operating systems, browsers, or network configurations of the User.

13. Any assurance that the use of the Services will result in any particular financial outcome, profit, saving, or other measurable benefit.

H. INDEMNITY

User hereby agrees to indemnify, defend, and hold harmless Jodo, its affiliates, directors, officers, employees, agents, and representatives (collectively, the “Indemnified Parties”) from and against all losses, liabilities, claims, demands, damages, costs, expenses (including reasonable legal fees and expenses), penalties, interest, and judgments, whether direct or indirect, arising out of or in connection with:

1. Any breach of these Terms, the Payment Partner Terms, or any applicable laws, rules, regulations, or governmental orders by you or your agent.

2. Any claim relating to the goods or services you purchase, use, or access through the Merchants, including, without limitation, claims relating to quality, quantity, safety, legality, condition, description, delivery, or non-delivery thereof, it being clarified that the Company is not a party to such transactions.

3. Any claim, penalty, or liability arising out of non-processing, delay in processing, or erroneous processing of any Transaction, where such event is attributable to you, your actions, or your failure to provide complete and accurate information.

4. Any claim made by a Merchant, Payment Partner, bank, governmental authority, or any other third party in relation to a Transaction, and your use of the Services.

5. Any unauthorised access of the Services, breach of data security, attributable to you, your systems, or any third party acting on your behalf.

6. Any refunds or disputes in relation to your Transactions;

7. Any chargebacks (whether successful or not) and any related costs, penalties, or fees;

I. LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, in no event shall the Company, its affiliates, directors, officers, employees, agents, or representatives be liable to you or to any third party for:

1. Indirect Losses: any indirect, incidental, special, consequential, exemplary, or punitive damages, including without limitation loss of profits, loss of revenue, loss of goodwill, loss of data, or business interruption, whether arising in contract, tort (including negligence), strict liability, or otherwise, even if advised of the possibility of such damages; and

2. Transaction related Losses: any loss, damage, interest, claim, cost, or expense arising out of or in connection with:

   • non-processing, delay in processing, or erroneous processing of any Transaction;

   • delivery, non-delivery, quality, condition, legality, or performance of any goods or services availed by you through the Merchants; or

   • any act or omission of the Payment Partner, bank, Merchants, or any third party, except to the extent such loss is solely and directly caused by Jodo’s fraud, that can be evidenced by records.

3. Non-availability of the Services: any non-availability of the Services.

Notwithstanding anything to the contrary contained herein, the Company’s maximum aggregate liability, whether in contract, tort (including negligence), strict liability, or otherwise, for any and all claims arising under or in connection with these Terms or the Services and the Platform shall not exceed INR 5,000.

J. INTELLECTUAL PROPERTY

The Services, whether individually or as a collective work and/or compilation, are protected by applicable copyright laws, international conventions, and other intellectual property laws of the territory in which the Services are provided. All rights, title and interest in and to the Services, including but not limited to the Platform and any software, code, design, text, graphics, logos, interfaces, and other materials, are and shall remain the exclusive property of the Company and/or its licensors.

As the User, you are granted a limited, non-exclusive, non-transferable, revocable right to access the Services strictly in accordance with these Terms for making the Transaction. You shall not, without prior written consent from the Company:

1. modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works from the Services;

2. publish, transmit, participate in the transfer or sale of, reproduce, distribute, perform, display, or otherwise exploit the Services, in whole or in part; or

3. remove, obscure, or alter any copyright, trademark, or other proprietary rights notices contained in or associated with the Services.

K. SUSPENSION AND TERMINATION

Notwithstanding any other legal remedies available to us, we may, at our sole discretion, limit your access or activity (whether temporarily or indefinitely), suspend, terminate or refuse to provide you with access to the Services, without any prior notice and without assigning any reasons whatsoever, including but not limited to, the occurrence of the following events:

1. breach of any obligations, covenants, representations, or warranties under these Terms;

2. failure to make payment for Transactions, repayment obligations, or engagement in any fraudulent or unlawful payment activity.

All rights and obligations of the parties that have accrued before the effective date of termination shall survive such termination. Notwithstanding anything to the contrary in these Terms, if your access to the Services is terminated for any reason:

1. you will remain responsible for paying any amounts owed by you to the Merchant under your independent agreement with them for any goods and/or services you have availed; and

2. you will also remain liable to pay any amounts that the Merchant is entitled to receive from you under these Terms, the applicable Payment Partner Terms, or in connection with any failed, delayed, or non-processed Transaction.

Such obligations will survive termination and will continue to be enforceable in accordance with these Terms and/or the applicable Payment Partner Terms.

L. THIRD-PARTY SERVICES

The Services may incorporate, interoperate with, or otherwise make available services, content, documents, software, and/or information that are owned by, licensed to, or otherwise provided by a third party (“Third-Party Services”), and may also include links or access to such Third-Party Services. You acknowledge and agree that:

1. Third-Party Services are the sole responsibility of the third party that created, owns, or provides them;

2. The Company has no control over, and does not endorse, recommend, or make any representations or warranties in respect of such Third-Party Services; and

3. Use of any Third-Party Services is entirely at your own risk.

The Company expressly disclaims any and all warranties, representations, and liabilities, whether express, implied, or statutory, in connection with Third-Party Services, including without limitation, warranties of accuracy, completeness, merchantability, fitness for a particular purpose, non-infringement, reliability, security, or availability.

Your use of Third-Party Services shall be governed solely by the applicable terms and conditions, privacy policies, and other contractual provisions of the relevant third-party provider, and you are responsible for reviewing and complying with the same.

All intellectual property rights in and to the Third-Party Services (including without limitation, trademarks, service marks, logos, and copyrighted material) are the exclusive property of their respective owners. No rights in such intellectual property are granted to you by virtue of your access to or use of the Services.

The Company shall have no liability whatsoever for:

1. any loss, damage, claim, or expense suffered by you arising from or in connection with your use of or reliance on any Third-Party Services; or

2. any interruption, suspension, modification, withdrawal, or discontinuation of any Third-Party Services.

M. USE OF DATA

The Company may collect, use, process, and analyse information and data relating to your use of the Services for analytics, trend identification, statistical purposes, and improve the effectiveness and efficiency of the Services and the Platform.

Such information and data may also be used to provide you with notifications, updates, alerts, promotional offers, and other communications relating to Transactions or the Services. All analytics, statistics, reports, and other derivative works created from such data, and all intellectual property rights therein, shall be the sole and exclusive property of the Company.

If you provide any feedback, suggestions, ideas, or recommendations (“Feedback”) regarding the Services or the Platform, you acknowledge and agree that:

1. such Feedback shall become the sole and exclusive property of the Company;

2. The Company shall have the unrestricted right to use, reproduce, disclose, modify, adapt, and exploit such Feedback without any obligation to compensate you; and

3. The Company may use such Feedback to enhance, develop, or improve the Services, the Platform, or the overall customer experience.

N. DATA PROTECTION

You are responsible for ensuring that any personally identifiable information or personal financial information (collectively, “Personal Data”) you provide to the Company, the Payment Partners, or the Merchants is shared in compliance with:

1. all applicable laws and regulations;

2. any agreements you have with your card-issuing bank or payment partners;

3. the publicly disclosed privacy policy of the Merchant and/or the Payment Partner; and

4. any other applicable rules, codes, or standards.

Your Personal Data will be processed in accordance with our Privacy Policy, unless you have given explicit, informed, and verifiable consent for it to be used for any other specified purpose.

O. MISCELLANEOUS

1. Severability: If any provision of these Terms is held by a court or other competent authority to be unlawful or unenforceable, such provision shall be deemed severed to the extent necessary, and the remainder of these Terms shall remain valid and enforceable. If the unlawful or unenforceable portion can be made lawful by deletion or modification, it shall be so deleted or modified, unless doing so would defeat the clear intention of the provision, in which case the entire provision shall be deemed deleted.

2. Waiver: No failure or delay by Jodo in exercising any right, power, or remedy under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of such right or remedy preclude any other or further exercise thereof or of any other right, power, or remedy. All rights and remedies provided herein are cumulative and in addition to those available at law, in equity, or under statute.

3. Assignment: You shall not assign, transfer, sublicense, or otherwise dispose of your rights, obligations, or covenants under these Terms without our prior written consent, which we may grant or withhold at our sole discretion. We may assign or transfer our rights and obligations under these Terms to any of our affiliates, subsidiaries, parent company, or any successor in interest to our business, without prior notice to you.

4. Force Majeure: We shall not be liable for any failure or delay in the performance of our obligations under these Terms due to any cause beyond our reasonable control, including but not limited to: the unavailability or breakdown of communication systems, network failures, cyber-attacks, sabotage, fire, flood, explosion, natural disasters, civil unrest, strikes or industrial disputes, riots, acts of war, governmental actions, or regulatory restrictions or unavailability of the Third-Party Services or services of the Payment Partners and the banks/financial institutions (“Force Majeure Event”). In such cases, we shall be entitled to a reasonable extension of time to perform our obligations, will make commercially reasonable efforts to notify you of the Force Majeure Event, and shall take reasonable steps to mitigate its impact.

5. Notices: All notices, requests, demands, and other non-routine communications to us under these Terms shall be sent to: collect@jodopay.com

6. Third-Party Rights: No person other than the parties to these Terms shall have any right to enforce any provision contained herein.

P. GRIEVANCE REDRESSAL

We are committed to addressing all queries, concerns, and/or complaints that you may have with respect to the Platform and the Services available thereon. For any such queries or complaints, you may contact us at collect@jodopay.com.

For any queries, complaints, or disputes relating to Transactions, associated payment methods, or other ancillary matters, you may contact the relevant Payment Partner directly at nodalofficer@payu.in.

For any queries, complaints, or disputes with respect to the products and services availed by you, you may contact the relevant Merchant directly.

If, in the reasonable opinion of the Company or the Payment Partner, the Transactions initiated by you, or Transactions related to your chosen Merchant, are linked to a significantly high volume of disputes, the Company and/or the Payment Partner may suspend or restrict

1. your ability to access the Platform or use the Services for making any payments;

2. your ability to access the Platform or use the Services for making any payments to the concerned Merchant;

Q. GOVERNING LAW AND JURISDICTION

These Terms shall be governed by and construed in accordance with the laws of India and any dispute concerning these Terms shall be subject to the exclusive jurisdiction of courts at Bengaluru, India.