Welcome to Zamway!

This user agreement is a contract between you and Zamway Wallet Private Limited, a company under the laws of India, governing your use of your Zamway Wallet services. If you are below 18yers and you don’t have bank account, you can also use to open a Zamway Wallet and use the Zamway Services. You agree to comply with all terms and conditions in this user agreement, including that you are the beneficial owner of the Zamway Wallet, and conduct business only on behalf of yourself.

You also agree to comply with the following additional policies and each of the other agreements on the Legal Agreements page that apply to you:

Use of the Zamway Platform/ Services

Please read carefully all of the terms and conditions of this user agreement, the terms of these policies and each of the other agreements that apply to you. Website located at Zamway.com, or the Zamway mobile application or any similar platform (hereinafter collectively, having its registered office at First Floor C1 Suryanjali Residency Amroli, Surat, Gujarat 394107 on any device and/or before availing any services offered by Zamway on the Zamway Platform which may include services such as recharge or retail shop bill payment, wallet service and marketplace service or any other service that may be offered by Zamway on the Zamway Platform (hereinafter individually, and collectively, the Zamway Services). For the avoidance of doubt, it is clarified that these terms and conditions shall apply to all Zamway Services.
We can change these Terms at any time. We keep a historical record of all changes to our Terms. If a change is material, we’ll let you know before they take effect. By using Zamway on or after that effective date, you agree to the new Terms. We will post a notice on the Policy Updates page of our website and provide notice to you of at least 14 days. If you don’t agree to them, you should delete your account before they take effect, otherwise your use of the site and content will be subject to the new Terms.

About our main business

Zamway is a Wallet and Retails shop Payment services provider in India. Our services allow you to send payments to Zamway user with a Zamway Merchant Shop and Zamway user, all Zamway services may be available to you and Zamway may at its discretion withdraw any service to you with notice. Zamway offers the following services in India:
Domestic Payment Services, which allows you to receive or make payments for goods or service within India.
In this user agreement, "Zamway Service" means the payment gateway processing services offered by Zamway to its users who are resident in India to facilitate receipt of payments from a buyer (domestic) for credit into their bank accounts.

Acceptance

By registering on, accessing, browsing, downloading or using the Zamway Platform for any general purpose or for the specific purpose of availing any Zamway Service, You agree to be bound by the single-sign-on ID, terms and conditions set forth below as well as by the service-specific terms and conditions applicable to each Zamway Service (hereinafter collectively, the T&Cs). These T&Cs shall also include any additional or modified terms and conditions in relation to the any additional or modified service-specific terms and conditions in relation to any Zamway Service or any future service that may be offered by Zamway on the Zamway Platform. By registering on, accessing, browsing, downloading or using (as applicable) the Zamway Platform or availing any Zamway Service, You automatically and immediately agree to all the T&Cs. If at any time you do not accept or agree with any of the T&Cs or do not wish to be bound by the T&Cs, You may not access, browse or use the Zamway Platform and immediately terminate your availing the Zamway Services. Accepting or agreeing to the T&Cs will constitute a legal contract (hereinafter Agreement) between You, All services are rendered by Zamway through the Zamway Platform under the brand name “Zamway” . Consequently, all the rights, benefits, liabilities and obligations under the T&Cs shall, as the case may be, accrue to the benefit of, or incurred by, Zamway, regarding Your use of Zamway digital services, the wallet service, the marketplace service or any such other services which may be added on the Zamway Platform and which will henceforth be a Zamway Service, from time to time. The Zamway Services shall be used by you subject to your adherence with the T&Cs. As long as You accept and comply with these T&Cs, Zamway grants You a personal, non-exclusive, non-transferable, limited, revocable privilege to enter and use the Zamway Platform and/or avail the Zamway Services.

Eligibility

The Zamway Services are available for all kind of user from availing the Zamway Services or accessing the Zamway Platform. By accepting the T&Cs or by otherwise using the Zamway Services on the Zamway Platform. In addition, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all the T&Cs as part of this Agreement. Finally, you shall not impersonate any person or entity, or falsely state or otherwise misrepresent your identity, age or affiliation with any person or entity. Finally, in the event of any violation of the T&Cs, Zamway reserves the right to suspend or permanently prevent you from availing Zamway Services or using the Zamway Platform.

Other Terms and Conditions

Additional terms and conditions may apply in order for You to avail specific Zamway Services and to specific portions or features of the Zamway Platform, including contests, promotions or other similar features, all of which terms are made a part of these T&Cs by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these T&Cs and the terms posted for or applicable to a specific portion of the Zamway Platform or for any Zamway Service offered on or through the Zamway Platform, the latter terms shall control with respect to your use of that portion of the Zamway Platform or the specific Zamway Service. Zamway may make changes to any Zamway Services offered on the Zamway Platform, or to the applicable terms for any such Zamway Services, at any time, without notice. The materials on the Zamway Platform with respect to the Zamway Services may be out of date, and Zamway makes no commitment to update the materials on the Zamway Platform with respect to such Zamway Services.

Use of Zamway Platform

You understand that except for information, products or services clearly indicated as being supplied by Zamway, we do not operate, control, or endorse any information, products or services on the Internet in anyway. You also understand that Zamway cannot and does not guarantee or warrant that files available for download through the Zamway Platform will be free of viruses, worms or other code that may be damaging. You are responsible for implementing procedures to satisfy Your particular requirements of Internet security and for accuracy of data input and output. ¬¬¬¬You agree that Zamway, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate Your account (or any part thereof) or Your use of the Zamway Services/Zamway Platform and remove and discard on the Zamway Platform all or any part of Your account, Your user profile, or Your recipient profile, including Your SSOID, at any time. Zamway may also in its sole discretion and at any time discontinue providing access to the Zamway Services, or any part thereof, with or without notice. You agree that any termination of Your access to the Zamway Services/Zamway Platform or any account You may have or portion thereof may be effected without prior notice, and You agree that Zamway will not be liable to You or any third party for any such termination or interruption. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Zamway may have at law or in equity. Upon termination for any reason, You agree to immediately stop using the Zamway Services/Zamway Platform. In no event, Zamway or its contractors, agents, licensors, partners or suppliers will be liable to You for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to: (i) this Agreement; (ii) the SSOID Agreement; (iii) the Zamway Services, the Zamway Platform or any reference site/app/platform/service; or (iv) Your use or inability to use the Zamway Services, the Zamway Platform (including any and all materials) or any reference sites/app/platform/service, even if Zamway or a Zamway authorized representative has been advised of the possibility of such damages. In no event, Zamway, directors, employees, agents will be liable to You for any damages, liabilities, losses, and causes of action arising out of or relating to: (i) this Agreement; (ii) the SSOID Agreement; (iii) the Zamway Services, the Zamway Platform or any reference site/app/platform/service; or (iv) Your use or inability to use the Zamway services, the Zamway Platform (including any and all materials) or any reference sites/app/platform/service; or (v) any other interactions with Zamway, however caused and whether arising in contract, tort including negligence, warranty or otherwise, beyond or in excess of the amount paid by You, if any, for using the portion of the Zamway Service or the Zamway Platform giving rise to the cause of action, or beyond or in excess Rs. 5,000, whichever is less. You acknowledge and agree that Zamway has offered its products and services, set its prices, and entered into this Agreement in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between You and Zamway, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between You and Zamway. Zamway would not be able to provide the services to You on an economically reasonable basis without these limitations. Applicable law may not completely allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions will apply to You subject to applicable law. In such cases, Zamway liability will be limited to the fullest extent permitted by applicable law. This paragraph shall survive the termination of this Agreement. You agree to indemnify, save, and hold Zamway, its affiliates, employees, officers, directors and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to: (i) Your use or misuse of the Zamway Services or of the Zamway Platform; (ii) any violation by You of this Agreement; or (iii) any breach of the representations, warranties, and covenants made by You herein. Zamway reserves the right, at your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Zamway, including rights to settle, and You agree to cooperate with Zamway defense and settlement of these claims. Zamway will use reasonable efforts to notify you of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of this Agreement.

Ownership: Proprietary Rights

The Zamway Services and the Zamway Platform are owned and operated by Zamway. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of the Zamway Services and the Zamway Platform provided by Zamway (hereafter Materials) are protected by Indian copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. As between You and Zamway, all Materials, trademarks, service marks, and trade names contained on the Zamway Platform are the property of Zamway. You agree not to remove, obscure, or alter Zamway or any third party’s copyright, patent, trademark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Zamway Services/Zamway Platform. Except as expressly authorized by Zamway, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. Zamway reserves all rights not expressly granted in this Agreement. If You have comments regarding the Zamway Services and/or the Zamway Platform or ideas on how to improve it, please contact customer service. Please note that by doing so, You hereby irrevocably assign to Zamway, and shall assign to Zamway, all rights, title and interests in and to all ideas and suggestions and any and all worldwide intellectual property rights associated therewith. You agree to perform such acts and execute such documents as may be reasonably necessary to perfect the foregoing rights.

Modification of this Agreement

Zamway reserves the right to change, modify, add, or remove portions of this Agreement (each, a change and collectively, changes) at any time by posting notification on the Zamway Platform or otherwise communicating the notification to You. The changes will become effective, and shall be deemed accepted by You, 24 hours after the initial posting and shall apply immediately on a going-forward basis with respect to Your use of the Zamway Platform, availing the Zamway Services or for payment transactions initiated after the posting date. If You do not agree with any such change, Your sole and exclusive remedy is to terminate Your use of the Zamway Services/Zamway Platform. For certain changes, Zamway may be required under applicable law to give You advance notice, and Zamway will comply with such requirements. Your continued use of the Zamway Platform following the posting of changes will mean that You accept and agree to the changes.

Notice

Zamway may provide You with notices and communications by e-mail, SMS, push notifications, regular mail or postings on the Zamway Platform or by any other reasonable means. Except as otherwise set forth herein, notice to Zamway must be sent by courier or registered mail to One97 Communications Ltd., B-121, Sector-5, Noida, Uttar Pradesh 201301, India.

Law and Forum for Disputes

Subject to the Dispute Resolution section above, You agree that any claim or dispute You may have against Zamway must be resolved by a court having jurisdiction in New Delhi, India. You agree to submit to the personal jurisdiction of the courts located within New Delhi, India, for the purpose of litigating all such claims or disputes. This Agreement shall be governed by Indian law. This paragraph shall survive termination of this Agreement.

Bill Payments Terms & Conditions

Please read the following terms and conditions carefully before registering on, accessing, browsing, downloading or using the Zamway website located at Zamway.com, and all associated sites linked to Zamway.com, or the Zamway mobile application or any similar platform (hereinafter collectively, the Zamway Platform) run by One97 Communications Limited, having its registered office at First Floor Devika Tower, Nehru Place New Delhi – 110019 and headquartered at B-121, Sector-5, Noida – 201301 (hereinafter collectively, Zamway) on any device and/or before availing any travel, recharge or bill payment or digital products related services offered by Zamway on the Zamway Platform (hereinafter, individually Zamway Digital Service and collectively, the Zamway Digital Services).

Eligibility

The Zamway Digital Services are not available to persons under the age of 18 or to anyone previously suspended or removed by Zamway from availing the Zamway Digital Services or accessing the Zamway Platform. By accepting the T&Cs or by otherwise using the Zamway Digital Services on the Zamway Platform, You represent that You are at least 18 years of age and have not been previously suspended or removed by Zamway, or disqualified for any other reason, from availing the Zamway Bill Payment and Digital Goods Services or using the Zamway Platform. In addition, You represent and warrant that You have the right, authority and capacity to enter into this Agreement and to abide by all the T&Cs as part of this Agreement. Finally, You shall not impersonate any person or entity, or falsely state or otherwise misrepresent Your identity, age or affiliation with any person or entity. Finally, in the event of any violation of the T&Cs, Zamway reserves the right to suspend or permanently prevent You from availing Zamway Digital Services or using the Zamway Platform.

Digital Services

Zamway facilitates the payment of certain bills through the Zamway Platform with respect to certain services offered by Zamway business partners who have partnered with Zamway to enable their bills to be paid through the Zamway Platform. Please see the relevant links on the Zamway Platform for more information on Zamway bill payment service. Further, Zamway also offers certain digital products which facilitate the purchase of prepaid recharges for mobile, DTH, toll and data card as well as purchase of movie tickets, bus tickets, hotel reservations, flight tickets and purchase of tickets to amusement or theme parks, etc. Other digital products available on the Zamway Platform also include coupon redemption services. The terms and conditions in relation to bill payments and digital products are set out below. The terms and conditions in relation to bill payments and digital products set out below are applicable to and binding on You in conjunction with the SSOID terms and conditions already accepted by You. Each SSOID term or condition is applicable to and binding on You, or any of Your activities on the Zamway Platform, even if such term or condition is not specifically reproduced herein below. The terms ‘Agreement’ or ‘T&Cs’ mentioned herein below includes the terms and conditions in relation to bill payments and digital products set out below and the SSOID terms and conditions as well as other service-specific terms and conditions in relation to Zamway Services or Zamway Platform.

Zamway Recharges

Zamway is only a reseller of digital products. Zamway does not provide mobile operator services and is only a reseller of prepaid mobile recharge services which are ultimately provided by telecommunications service providers (hereafter Telco or Telcos) or by other distributors or aggregators of such Telco’s. Zamway is not a warrantor, insurer, or guarantor of the services to be provided by the Telcos. Prepaid mobile recharge sold by Zamway to You is sold without recourse against Zamway for any breach of contract by the Telcos. Any disputes regarding the quality, minutes provided, cost, expiration, or other terms of the mobile prepaid recharge purchased must be handled directly between You (or the recipient of the recharge) and the Telco. The terms and conditions set out in this section are applicable, mutatis mutandis, to other prepaid recharge products available on the Zamway Platform including prepaid recharges in relation to DTH, data card and toll tags as well as to other prepaid recharge products that may be offered on the Zamway Platform. Zamway will not be responsible for any failure on the part of any of its recharge partners in effecting a recharge.

Please read these terms of use carefully

These terms of use are subject to change. Any changes will be incorporated into the terms of use posted to Zamway Platform from time to time.