Last updated: September 09, 2020

These terms and conditions (“T&Cs”) are applicable to your use of ‘SuperMall Pocket Pay’. ‘SuperMall Pocket Pay’ is the branding for the semi-closed pre-paid stored value account issued by The SuperMall Company, a partnership firm, having its registered office at 339 Hussainpur Madurdaha, Kolkata-700107, West Bengal (“The SuperMall”).

The SuperMall is authorized by the Reserve Bank of India (“RBI”) to issue and operate semi-closed pre-paid payment instruments in India (including SuperMall Pocket Pay) in accordance with the provisions of the Payment and Settlement Systems Act, 2007 and directions and regulations framed thereunder, as amended from time to time.

By registering for or using SuperMall Pocket Pay, you signify your agreement to be bound by these T&Cs and our Privacy Policy.

Registration for SuperMall Pocket Pay.
To register for SuperMall Pocket Pay, you must: (a) be an Indian citizen, resident in India; (a) have attained the age of 18 years; and (c) have a valid The SuperMall account. The SuperMall Pocket Pay accounts can be availed by you in the following variations:

KYC accounts
At the time of onboarding, you will be required to provide minimum details such as mobile number (verified through OTP), name and identification number for any Officially Valid Document as mentioned under Prevention of Money Laundering Rules, 2005 and related amendments. We are unable to collect Aadhaar number for KYC accounts due to the regulatory restriction on collection/ storage of Aadhaar number.
You will be allowed to use only one SuperMall Pocket Pay account at any given point of time.
This is a reloadable product and can be used for only purchasing goods & services from merchants registered with The SuperMall, in a manner prescribed under these T&Cs and as communicated by The SuperMall from time to time.
Limits – You will be able to load in such KYC accounts maximum INR 10,000/- per month, and maximum INR 1,00,000/- in a financial year. In addition, the available balance in such KYC account shall not exceed INR 10,000/- at any given point of time. The same balance will be available for purchases from merchants.
You will not be able to transfer money from such KYC accounts to other SuperMall Pocket Pay accounts and bank accounts. The only time you can transfer money out of this account is at the point of closure of your SuperMall Pocket Pay account; at which point you would be required to transfer money to your own bank account post providing required bank account proof of ownership and after completing your Know Your Customer; or transfer money ‘back to source’ (payment source from where the money was loaded).
Existing KYC customers who hold balance of INR 10,000/- or more currently will not be allowed to perform any further load till such balances reach below the INR 10,000/- threshold.
You will be able to perform a maximum cash load of INR 10,000 per month and INR 49,000 per financial year.
You will be allowed to perform debit transactions in KYC accounts upto a maximum of Rs 10,000/- per month.
You have the option to fix a cap on the number and value of transactions and you will be allowed to change the caps, with additional authentication and validation.
You will be required to provide requisite Know Your Customer (KYC) information/documentation to The SuperMall prior to completion of 24(twenty four) months or such other period as may be prescribed under applicable laws. If you fail to complete your KYC, no further credit shall be allowed in your SuperMall Pocket Pay account. However, you will be able to use the balance available in your SuperMall Pocket Pay account.

The SuperMall may, basis risk perception, lower the limits and intimate customers by changing these T&Cs.

Also, please note that you will be able to convert from one type of SuperMall Pocket Pay account to another only as maybe permitted under these T&Cs and as per applicable laws. Please note that once you share your KYC Documents and/or any information relating to KYC Documents with us, we will maintain the same as per the applicable regulations and our policy, and may not be able to accept request for deletion of such data/information.

You agree and consent to The SuperMall collecting, storing, sharing and processing information (including sensitive personal information) related to you, or third parties/service providers for the purposes as set out in these T&Cs and for providing you with other products, offers and/or information. Should you chose to open an The SuperMall Pay EMI account, you hereby agree and permit The SuperMall to share your KYC Documents and/or any information contained therein, with CapFloat Financial Services Private Limited for the purpose of verifying your identity in connection with opening your The SuperMall Pay EMI account. If you consent and authorise us, in relation to purchase on The SuperMall.in we will also share your KYC data/ documents with The SuperMall Seller Services Private Limited (ASSPL), for ASSPL to use to facilitate customs clearance of your overseas purchases.

By proceeding to register with The SuperMall, you represent and confirm that you are not a politically exposed person and have not been entrusted with prominent public functions in a foreign country as per the Master Directions on Know Your Customer issued by the RBI. If you are such a politically exposed person, please reach out to us at foreignPEPreport@The SuperMall.com before registering with The SuperMall.

For your convenience, you can logon to the SuperMall Pocket Pay account by using your login credentials issued by The SuperMall.in only. You may log out from SuperMall Pocket Pay account by logging out of The SuperMall.in account.

Load your SuperMall Pocket Pay.
SuperMall Pocket Pay can be loaded through online payment methods such as domestic credit/debit card and net banking. However, you will not be able to use prepaid cards, EMI, cards issued outside India or a combination of cards to add/load amount to your SuperMall Pocket Pay account. Except as provided hereunder, amount in your SuperMall Pocket Pay will not be refunded to you under any circumstances. No refund will be provided in cash, at any point of time. No interest will be paid on your SuperMall Pocket Pay account at any point of time.

Permissible Use.
SuperMall Pocket Pay may only be redeemed towards the purchase of eligible products offered by merchants on The SuperMall.in and other payment aggregator/ partner / merchant websites that accept SuperMall Pocket Pay as a payment method (“Merchant Websites”). Amount of purchases will be deducted from your SuperMall Pocket Pay account. No cash withdrawal will be permitted at any point in time, to any customer. There maybe certain merchants who may provide you services on the condition that you allow us to hold balances in your SuperMall Pocket Pay account till the service completion by the merchant, with your consent. In such cases, you agree and authorize us to hold your balance until service completion.

Fees and Charges
The SuperMall reserves its right, in its sole discretion and without any prior notice, to impose and/or revise charges/commissions in relation to the use of your SuperMall Pocket Pay. The current charges for your SuperMall Pocket Pay, if any, will be notified.

Forfeiture/Suspension/Closure
Expiry and Forfeiture

The SuperMall Pocket Pay account will be valid for an indefinite period; any changes to the same will be communicated by updating these terms and conditions. In the event The SuperMall prescribes a validity period of the SuperMall Pocket Pay account, the unused balances after the expiry of such account will be forfeited in accordance with the applicable regulations.

As mentioned above, KYC account will be valid for a period of 24 (twenty four) months from the date of issue/activation or as per timelines prescribed under applicable laws, post which you will be required to upgrade your account by providing requisite KYC documents/ information/ documentation to The SuperMall.

In cases where you do not perform any financial transactions on the SuperMall Pocket Pay account for a consecutive period of 1 (one) year, the SuperMall Pocket Pay account will be considered inactive. In such cases, The SuperMall will inform you at least 45 days prior to such date to either transact using the SuperMall Pocket Pay account or utilize any outstanding balances in the SuperMall Pocket Pay account. Where you wish to reactivate such account, you will have to contact us through our customer care details as mentioned under these T&Cs and comply with applicable validation norms, as prescribed by The SuperMall.

Suspension

You are obligated to use the SuperMall Pocket Pay only as per the provisions of these T&Cs and norms prescribed by The SuperMall from time to time. Any activity in contravention of such provisions may lead to suspension of your SuperMall Pocket Pay account. During such period, your ability to use the SuperMall Pocket Pay account will be restricted, as prescribed by The SuperMall.

Closure

Further you will have the option of closing such SuperMall Pocket Pay account. You can close the SuperMall Pocket Pay account and transfer the outstanding amount to your own bank account or to the payment source from where the amount was loaded. For such closure request, we may require you to furnish additional information (including bank account details) and complete your KYC.

The SuperMall’s Role.
You agree and acknowledge that The SuperMall is only a facilitator and is not and cannot be a party to or control in any manner any transactions relating to purchase of goods and/or services using SuperMall Pocket Pay on the Merchant Website. The SuperMall shall not be liable / responsible for any defect in the product / merchandise / goods or services purchased / availed using SuperMall Pocket Pay. The SuperMall shall not mediate or resolve any dispute or disagreement between you and the banks, sellers, merchants or manufacturers of the products/ services. Any dispute or claim regarding the product / merchandise / goods or services purchased / availed on the Merchant Websites using SuperMall Pocket Pay must be resolved with the merchants, sellers or manufacturers. While The SuperMall endeavors to process your SuperMall Pocket Pay transactions in a timely manner , please note that there may be certain scenarios when the transactions don’t immediately reflect in your SuperMall Pocket Pay account .

Limitations.
You should register and maintain only one SuperMall Pocket Pay account and shall not use SuperMall Pocket Pay to undertake any foreign exchange transactions.

Fraud.
Where the mobile phone being used to access SuperMall Pocket Pay gets stolen/ lost, you are required to immediately inform The SuperMall about the same. Such complaint can be reported at the customer care as mentioned under these T&Cs. The SuperMall reserves the right to restrict transaction on such account, in order to prevent any unauthorized usage of the SuperMall Pocket Pay. In case of change in mobile number or in case of any change in the information/documents provided to The SuperMall at the time of onboarding, you are required to intimate The SuperMall immediately. The SuperMall will not be liable for any fraudulent transactions undertaken prior to intimation to The SuperMall about the change in your details.

The SuperMall may suspend or discontinue your access / use to or of your SuperMall Pocket Pay, for any reason at any time without written notice to you. In addition, The SuperMall may suspend your use of your The SuperMall Pay balance if it suspects that such transaction or your SuperMall Pocket Pay is being or is likely to be used without authorization, fraudulently, suspiciously or is otherwise unusual based on prior transaction activity / history and as per our internal fraud controls. For detailed information on your liability on fraudulent transactions, please read the Fraud Policy available on our website: https://thesupermallonline.com/grievance-redressal-supermall-pocket-pay/.

Governing Law and Jurisdiction.
These terms and conditions are governed by and construed in accordance with the laws of India. You agree to submit to the exclusive jurisdiction of the courts at Kolkata. You agree to indemnify The SuperMall for all claims brought by a third party against it arising out of or in connection with a breach of any of these T&Cs and your use of SuperMall Pocket Pay.

Limitation of Liability.
SuperMall Pocket Pay, AND ALL INFORMATION, CONTENT, MATERIALS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU ARE PROVIDED BY THE SUPERMALL ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. THE SUPERMALL DISCLAIMS ALL RESPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF SUPERMALL Pocket Pay, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IF APPLICABLE LAW DOES NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IN NO EVENT WILL THE SUPERMALL OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO SUPERMALL POCKET PAY.

General Terms.
The SuperMall reserves the right to make changes to these T&Cs governing SuperMall Pocket Pay, at any time, in its sole discretion. All terms and conditions are applicable to the extent permitted by law. Please refer the ‘Last Updated’ legend in theses T&Cs for the date of the last update to these T&Cs. By continuing usage of SuperMall Pocket Pay, You agree to be bound by such changes/revisions.

Contact Information
You could direct any questions, comments or complaints related to SuperMall Pocket Pay at this link. Where you are not satisfied with the redressal given through the above mentioned modes, you can contact our Grievance Redressal Officer, details available here, and above in these T&Cs.