ToneTag is a mobile payment service which allows users to pay merchants for goods or services purchased. Users can pay using ToneTag to merchants who fall under the ToneTag Merchant Network. ToneTag is a payment Service Provider only and does not sell goods or services. ToneTag is not and cannot be a party to or control in any manner any transaction between the Users and merchants. ToneTag system is PCI-DSS certified and adheres to Mobile Payment guidelines prescribed by RBI.
ToneTag allows the user to make Payment transactions, In-store at merchant location using your mobile phone. Bill & Utilities payments incl. mobile prepaid recharges, electricity bills. Online at select merchants.
In above cases, users can make a payment using various payment instruments which includes Bank Accounts (using IMPS) and Credit and Debit Cards. The payment instruments and all data are securely stored in ToneTag systems which are PCI-DSS compliant and certified. ToneTag is completely compliant with Reserve Bank of India (RBI) Mobile Payment guidelines.
As part of registration process of ToneTag, user provides his/her mobile number. Mobile number verification is done by ToneTag. On successful verification, user is asked to generate a 6-digit secure PIN. This PIN would be required to access the ToneTag application every time. The user is supposed to keep this PIN secret and not share with anybody.
Storing Payment Instruments
User can configure his/her Bank accounts or Credit/Debit Card supported on ToneTag. As part of the configuration, ToneTag application sends SMS messages to the configured Bank or Credit/Debit Card Issuing Banks to authorize the account/cards. All the Payment instruments are stored securely in ToneTag systems which are PCI-DSS compliant and certified.
Permissible Payment Transaction
The user may only use ToneTag Payment System to process a payment for goods or service that is purchased from a seller through a legitimate, bona fide sale of the goods or service. You may not use the ToneTag service to purchase any goods or services which are illegal as per the Terms of agreement or Applicable Law of the country.
General Terms Related to use of ToneTag
- User acknowledges that the payment transaction through ToneTag app is between the user and the merchant and not with ToneTag
- ToneTag may be used within India for Indian Rupee Transaction. ToneTag doesn’t support payment in foreign currencies
- ToneTag may impose transaction limits on usage in various merchants.
- The ToneTag application may send SMS message for authentication and OTP generation. You might incur a nominal cost (as per your telco’s plan) in sending these SMS message and the application will take your consent from you before doing the same.
By using the Services, you agree not to:
- Use the Services for any purposes other than to purchase Recharge of Telco’s and/or to access the Services in accordance with these Terms and Conditions and as such services are offered by ToneTag
- Impersonate any person or entity, falsely claim or otherwise misrepresent an affiliation with any person or entity, or access the accounts of others without permission, forge another persons’ digital signature, misrepresent the source, identity, or content of information transmitted via the Services, perform any other similar fraudulent activity or otherwise purchase Recharge with what we reasonably believe to be potentially fraudulent funds
- Infringe our or any third party’s intellectual property rights, rights of publicity or privacy
- Use the Services if You are under the age of eighteen (18) without a parental sponsor or in any event use the Services if You are under the age of thirteen (13) years old even with a parental sponsor and in accordance with applicable law
- Post or transmit any message which is libellous, defamatory or which discloses private or personal matters concerning any person
- Post or transmit any message, data, image or program which is pornographic in nature
- Refuse to cooperate in an investigation or provide confirmation of Your identity or any other information You provide to ToneTag
- Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Services and the Site or features that enforce limitations on the use of the Services
- Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Services or any part thereof, except and only to the extent that such prohibition is expressly prohibited by applicable law notwithstanding this limitation
- Use the Services in any manner that could damage, disable, overburden, or impair it, including, without limitation, using the Services in an automated manner
- Modify, adapt, translate or create derivative works based upon the Services and the Site or any part thereof, except and only to the extent that such prohibition is expressly prohibited by applicable law notwithstanding this limitation
- Intentionally interfere with or damage operation of the Services or any other user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code or file with contaminating or destructive features
- Use any robot, spider, other automatic device, or manual process to monitor or copy the Site without prior written permission
- Interfere or disrupt this Site or networks connected to this Site
- Take any action that imposes an unreasonably or disproportionately large load on our infrastructure/ network
- Use any device, software or routine to bypass the Site’s robot exclusion headers, or interfere or attempt to interfere, with the Services
- Forge headers or manipulate identifiers or other data to disguise the origin of any content transmitted through our Site or to manipulate your presence on our Site
- Sell the Services, information, or software associated with or derived from it
- Use the facilities and capabilities of the Site to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others
- Breach this Agreement or any other ToneTag agreement or policy
- Provide false, inaccurate or misleading information
- Use the Site to collect or obtain personal information, including without limitation, financial information, about other users of the Site
- Purchase Recharge with what ToneTag reasonably believes to be potentially fraudulent funds
- Use the Services in a manner that results in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties and other liability to ToneTag, a third party or You
- Use the Services in a manner that ToneTag or any payment card network reasonably believe to be an abuse of the payment card system or a violation of payment card network rules
- Take any action that may cause ToneTag to lose any of the Services from its service providers, Telco, payment processors or other suppliers
- Send automated request of any kind to the Site’s system without express permission in advance from ToneTag
You will indemnify, defend, and hold ToneTag and its payment processors (and respective employees, directors, agents, affiliates and representatives) harmless from and against all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to:
- any actual or alleged breach of your representations, warranties, or obligations, including without limitation any violation of policies;
- Your wrongful or improper use of the ToneTag;
- any transaction submitted by you through ToneTag (including without limitation the accuracy of any Seller Content or product, service, or transaction information that you provide or any claim or dispute arising out of products or services offered or sold by you);
- Your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights;
- Your violation of any law, rule or regulation of the Indian Government or any other country.
Limitations of Liability and damages
To the maximum extent permitted by applicable law, in no event shall ToneTag, its processors, service providers, suppliers, or licensors (or their respective affiliates, agents, directors, or employees) be liable for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, that result from the use of, inability to use, or unavailability of the services. Under no circumstances will ToneTag be responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the services by you, or the information contained therein.
In no event, shall ToneTag, its processors, service providers, agents, suppliers, or licensors (or their respective affiliates, agents, directors, or employees) be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the number of fees earned by ToneTag about your use of the services during the three (3) month period immediately preceding the event giving rise to the claim for liability.
Termination; Agreement Violations
You agree that ToneTag, 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 Services and remove and discard all or any part of your account, your user profile, or your recipient profile, at any time. ToneTag may also in its sole discretion and at any time discontinue providing access to the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services or any account you may have or portion thereof may be effected without prior notice, and you agree that ToneTag will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies ToneTag may have at law or in equity. Upon termination for any reason, you agree to immediately stop using the Services.
When You use ToneTag or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.
You are responsible for the receipt of the goods or services from the Merchant in lieu of which the payment has been made. ToneTag is not responsible for any purchase for which the said goods or services have not been received by you from the merchant. However, in case of issues in transactions, you may contact our customer support for resolution.
These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts, tribunals, fora, applicable authorities at Bangalore.
Ownership; Proprietary Rights
The Services and the Site are owned and operated by ToneTag and/or third party licensors. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of the Services and the Site provided by ToneTag (the “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 ToneTag, all Materials, trademarks, service marks, and trade names contained on the Site are the property of ToneTag and/or third party licensors or suppliers. You agree not to remove, obscure, or alter ToneTag 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 Services. Except as expressly authorized by ToneTag, 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. ToneTag reserves all rights not expressly granted in this Agreement. If you have comments regarding the Services and the Site or ideas on how to improve it, please contact customer service. Please note that by doing so, you hereby irrevocably assign to ToneTag, and shall assign to ToneTag, all right, title and interest in and to all ideas and suggestions 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
ToneTag reserves the right to change, modify, add, or remove portions of this Agreement (each, a “change”) at any time by posting notification to the Site 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 payment transactions initiated after the posting date. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services. For certain changes, ToneTag may be required under applicable law to give you notice, and ToneTag will comply with such requirements.
Compliance with Law
The ToneTag Wallet is governed by per RBI direction on Issuance and Operation of Pre-paid Payment Instruments in India (Reserve Bank) Directions, 2009 (as amended and supplemented from time to time) and is also subject to directions / instructions issued by the RBI from time to time in respect of redemption, repayment, usage etc. ToneTag will not be responsible or liable for any violation by you of applicable law, regulation, or guideline. You hereby declare that your name does not, at any time, appear in the consolidated list of terrorist Individuals/ organizations as circulated by the RBI from time to time.
Privacy of communication is subject to the terms of the certificate of authorization granted by the RBI and RBI notifications/directives etc. ToneTag may be required to disclose any information or particulars pertaining to you to any authority, statutory or otherwise.
Intellectual Property Rights
We, or our 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 Site, the Platform, the Usage Data. You shall not reproduce, distribute, transmit, modify, create derivative works, display, perform or otherwise use the Site, the Platform or any of the IP Rights, or attempt to reverse engineer, decompile, disassemble, or derive the source code for the Platform or use the Platform or Site to create a competing product. ToneTag is owned by One97 Communications Ltd. Unauthorized use is strictly prohibited. All rights are expressly reserved to ToneTag.
We make no warranty, express or implied, with respect to the site, the platform/network and services offered. We expressly disclaim the implied warranties of non-infringement, merchantability, and fitness for any purpose. We provide the Site, the Platform/Network and any other technology and services on the Site on an “as is”, “where is”, “with all faults” basis. We do not warrant that the Site or the Platform any products and services shown or described on the Site, or other technology and services will be uninterrupted, error-free, available or operational at any time, or that any known defects will be corrected.
Consent to Electronic Communications and Transactions
By registering to use the Site, below, you consent to conduct transactions and receive communications, notices and information from us electronically, whether sent by e-mail or other electronic means. Electronic communications shall be deemed to have been received by you when We send the electronic communication to the email address/mobile number that as per our records, or when We post the electronic communication on the ToneTag Site. The requirements for such electronic transactions and communications following: you must have access to the Internet, mobile web, applications and a valid e-mail address. You can withdraw your consent at any time by contacting us, but We reserve the right to terminate your account upon such withdrawal. Withdrawal of your consent will not affect the legal validity and enforceability of any notice, statement or disclosure previously received electronically. You agree to notify us promptly if your email address or other contact information changes by updating your account information or contacting us.