OxiCash Prepaid Payment Instrument (OxiCash) is strictly governed by the Payments and Settlements Act, 2007 and regulations made thereunder and you acknowledge, accept and give your irrevocable consent to abide by terms of use defined in this document. OxiCash is also subject to guidelines /directions issued by the Reserve Bank of India (RBI) from time to time.
Terms of Use
(1) The use of OxiCash shall be deemed as acceptance of the various Terms of Use set out herein and other terms and policies of Oxigen including the privacy policy. Oxigen reserves its right to include such other terms/conditions of use as it may deem necessary from time to time and which shall be equally binding on the users of OxiCash sites/services.
(2) OxiCash can only be obtained by persons who are above the legal age limit to enter into commercial transactions in India.
(3) OxiCash is strictly issued against payment of full consideration to Oxigen.
(4) OxiCash can be strictly used only for facilitating transactions/payments strictly as per RBI Guidelines.
(5) OxiCash can be used only for INR transactions and FOREX transactions are strictly prohibited.
(6) OxiCash is at all times the property of Oxigen and you are holding this only for facilitation of services under this arrangement. The OxiCash shall be returned at the discretion of Oxigen to the indicated location.
(7) In case of loss of OxiCash, you shall promptly inform Oxigen in writing. Duplicate OxiCash shall be issued at the sole option of Oxigen subject to cancellation of the original one in respect of the balance amount after deducting expenses for such re-issue. Once having submitted for any transaction, OxiCash cannot be cancellation at least for that transaction.
(8) The information, software, products and services included in or available through the OxiCash sites/services may include interruptions, inconsistencies, errors, inaccuracies or typographical errors. Changes are periodically made to the OxiCash sites/services and to the information therein. Oxigen Services (India) Private Limited (hereinafter “Oxigen”) and/or its respective suppliers may make improvements and/or changes in the OxiCash sites/services at any time. Information and advice stated or received via the OxiCash sites/services should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.
(9) OxiCash provides only payment gateway services to third parties herein referred to as affiliates. OxiCash, represented by Oxigen, its officers, directors, partners and/or associates, employees do not provide any warranty/guarantee either expressed or implied as to the quality of the product and/or service provided by these affiliates. Customers purchasing products and/or service from affiliates using OxiCash are doing so at their own risk. OxiCash will not entertain any customer complaints for misrepresentation, faulty goods and services, default of any kind by these affiliates. It is the sole responsibility of the affiliate to comply with statutory guidelines, norms and/or territory laws for the product and/or service being sold using OxiCash payment gateway. Therefore, Oxigen takes no onus/responsibility for any defective products / deficient services obtained / transacted through OxiCash. There is no implied / express warranty by Oxigen against such defects/deficiencies. All issues relating to the transacted goods / services have to be sorted out / resolved by approaching the respective sellers / service providers who are the designated merchants to provide their offering on the OxiCash sites / services.
(10) OxiCash may charge such service charges/fees for OxiCash sites/services from the users / sellers / service providers. The details about such charges / fees will be made available at the appropriate place on the OxiCash sites.
(11) Oxigen at its discretion without assigning any reasons can refuse transactions through OxiCash in respect of specified goods / services / merchants.
(12) Oxigen and/or its respective suppliers make no representations and warranties about the suitability, reliability, availability, timeliness, lack of viruses or other harmful components and accuracy of the information, software, products, services and related graphics contained within the OxiCash sites/services for any purpose. All such information, software, products, services and related graphics are provided "as is" without warranty of any kind. Oxigen and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement.
(13) You acknowledge and Accept, that by requesting for OxiCash e Wallet- third party transaction limit enhancement from Rs.1,000 to Rs.5,000, your transaction limit may be increased to conform to the permissible limits defined by the qualified regulatory body/ies, and, at the sole discretion of Oxigen. This Transaction limit will be enhanced after you submit either through email/fax/ personally self attested copy of any one of the following valid Government of India issued documents, such as:
- Valid driving license
- Voter ID card
- PAN card
- Valid Passport
(14) In no event shall Oxigen and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the OxiCash sites/services, with the delay or inability to use the OxiCash sites/services or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the OxiCash sites/services, or otherwise arising out of the use of the OxiCash sites/services, whether based on contract, tort, negligence, strict liability or otherwise, even if Oxigen or any of its suppliers has been advised of the possibility of damages. Oxigen does not endorse in anyway any advertisers/ contents of advertisers on its web-pages. Please therefore verify the veracity of all information on your own before undertaking reliance and acting thereupon. Oxigen shall not be responsible nor liable for any consequential damages arising on account of your relying on the contents of the advertisement. You accept and acknowledge that Oxigen is absolved of any liability to any person, in respect of anything done or omitted to be done by you in any manner whatsoever.
(15) OxiCash usage is subject to compliance of KYC requirements as per the applicable RBI Guidelines. Oxigen is authorized to use the KYC submitted by you for business / regulatory purposes. You hereby consent to (i) receiving e-newsletter as well as other communications containing offers etc. and (ii) Oxigen providing your information to sponsor/s and/or companies associated with it for the purpose of providing you with offers and information. In case of change in any KYC information you shall inform the same promptly to Oxigen for required updation of records.
(16) This site may contain links to other web sites operated by third parties ("linked sites"). You acknowledge that, when you click on a link to visit a linked site, a frame may appear that contains the Oxigen logo, advertisements and/or other content selected by Oxigen. You acknowledge that Oxigen and its sponsors neither endorse nor are affiliated with the linked site and are not responsible for any content of any linked site or any link contained in a link site, or any changes or updates to such sites. You also acknowledge that Oxigen is providing these links to you only for your convenience.
(17) You specifically agree that Oxigen shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through a OxiCash/ service. You specifically agree that Oxigen is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. You specifically agree that Oxigen is not responsible for any content sent using and/or included in a Oxigen site/service by any third party.
(18) You agree to indemnify and hold Oxigen, its subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the OxiCash sites/services.
(19) OxiCash wallet and money stored within is unique to a mobile number and it cannot be transferred, willed, donated, encashed in any manner that violates the laws of India, RBI guidelines, government and telecom department directives or any other order by appropriate government authorized agency. In short, no redemption, transfer of funds or cash withdrawal is permitted on OxiCash.
(20) OxiCash is valid for 6 months from the date of registration and is extended by further 6 months on every valid recharge.
(21) Oxigen shall not be responsible for any fraud or misuse of OxiCash and you agree to be personally liable for any and all costs, taxes, charges, claims or liabilities of any nature, arising due to any such fraud or misuse of OxiCash.
(22) Any misinformation, misrepresentation at the time of sign up for OxiCash services may attract severe legal action by the appropriate Government of India agency, authorized body and you agree to hold harmless, the officers, directors, employees, partners and affiliates of Oxigen in such an event.
(22) Oxigen does not own any responsibility to the cardholder in circumstances posed by the various guidelines, rules, regulations, directions and instructions issued by the RBI and/or any other statutory authority on the subject from time to time.
(23) Oxigen reserves the right to disclose any personal information about you or your use of the OxiCash sites/services, including its contents, without your prior permission if Oxigen has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of Oxigen or its affiliated companies; (3) enforce the terms or use; or (4) act to protect the interests of its members or others. Oxigen's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Oxigen's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the OxiCash sites/services or information provided to or gathered by Oxigen with respect to such use.
(24) 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 above, 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.
(25) Unless otherwise specified herein, these terms constitute the entire agreement between the user and Oxigen with respect to the OxiCash sites/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Oxigen with respect to the OxiCash sites/services.
(26) This agreement and terms and all transactions done by using OxiCash are governed by the Laws of India. You hereby irrevocably consent to the exclusive jurisdiction and venue of Courts in New Delhi, India in all disputes arising out of or relating to the use of the OxiCash sites/services. Use of the OxiCash sites/services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
(27) Oxigen reserves the right to modify the above terms and conditions at its sole discretion without prior notice and any liability to any person.
