Zeta branded prepaid instruments are co-branded prepaid instruments issued by Kotak Mahindra Bank Limited in technical collaboration with Better World Technology Pvt. Ltd. (BWTL). The pre-paid instruments are offered in the form of Mobile Wallets, Expense Cards, Gift Cards, Meal Vouchers, in electronic, digital and mobile wallet form factors along with Physical Cards of Mastercard and/or Rupay brand Payment Networks. BWTL markets, distributes and sells these prepaid instruments through its mobile applications, websites and other channels either directly or through its channel partners, affiliates and other associates. BWTL maintains the software, services, hardware, connectivity and other infrastructure required to operate the prepaid instruments. BWTL provides customer support, dispute resolution and grievance redressal in all matters related to Zeta branded prepaid instruments. BWTL herein, unless repugnant to the context shall refer to both BWTL and Kotak Mahindra Bank.
IF A PURCHASER, BENEFICIARY OR ACCEPTOR DOES NOT ACCEPT THE COMBINED TERMS AND CONDITIONS OF THE ZETA BRANDED INSTRUMENT, SUCH PURCHASER, BENEFICIARY OR ACCEPTOR CANNOT ACCESS, PURCHASE, POSSESS, RELOAD OR USE ZETA BRANDED PREPAID INSTRUMENTS IN ANY FORM.
|Type of Transaction||Fees (INR)|
|Fund Transfer to other Zeta PPIs||NIL|
|Fund Transfer to Bank Account||NIL|
BWTL may elect to resolve any dispute, controversy or claim arising out of or relating to this Agreement or Service provided in connection with this Agreement by binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996. Any such dispute, controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Mumbai, India and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either User or BWTL may seek any interim or preliminary relief from a court of competent jurisdiction in Mumbai, India, necessary to protect the rights or the property of User or BWTL (or its affiliates, agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither User nor BWTL may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of the arbitration award. All administrative fees and expenses of arbitration will be divided equally between BWTL and User. In all arbitrations, each party will bear the expense of its own lawyers and preparation. The language of Arbitration shall be English.
Except as otherwise agreed by the parties or as described in the Arbitration section above, User agrees that any claim or dispute he may have against BWTL must be resolved by a court located in Mumbai, India. You agree to submit to the personal jurisdiction of the courts located within Mumbai, India for the purpose of litigating all such claims or disputes. This Agreement shall be governed by the laws of India, without giving effect to any principles of conflicts of law.
The Terms and Conditions are also binding on a Beneficiary (as defined hereafter), to the extent applicable, ON THE USE OF ZETA MEAL VOUCHERS BY SUCH BENEFICIARY. IF THE BENEFICIARY DOES NOT ACCEPT THESE TERMS, SUCH BENEFICIARY CAN NOT USE ZETA MEAL VOUCHERS.
All the rights, benefits, liabilities & obligations under the following terms & conditions shall accrue to the benefit of BWTL.
a) “Purchaser” or “You” shall mean a person who purchased the Zeta Meal Vouchers for his/her own use or to distribute it to his/her employees or other related parties and who has accepted these Terms and Conditions.
b) “Affiliate” shall mean any merchant that has an agreement with BWTL to accept payment using Zeta Meal Vouchers.
c) “Beneficiary” shall mean an employee of the Purchaser who has been given Zeta Meal Vouchers for his/her use by the Purchaser.
d) “Charge(s)” or “Service Charge” shall mean the charges that BWTL may levy upon You in consideration for use of Zeta Meal Vouchers.
e) “KYC” stands for Know Your Customer and refers to the norms, rules, laws and statutes issued by RBI from time to time under which BWTL is required to procure personal identification details from You and / or any Beneficiary before any services can be delivered. Know Your Customer (KYC) documents may be required by BWTL from the Purchasers and / or the Beneficiary at the time of Registration and/ or on a later date, for use and / or continued use of Zeta Meal Vouchers.
f) “RBI” means the Reserve Bank of India.
g) “Transaction” means the purchase of goods or services from Affiliate by using Zeta Meal Vouchers as the method of payment.
h) “Zeta Account” means the electronic account opened by the Purchaser [with BWTL] to facilitate the purchase of Zeta Meal Vouchers by the Purchaser.
i) “Zeta Meal Vouchers” shall mean the vouchers (whether electronic or otherwise) issued by BWTL to a Purchaser which may be used by a Beneficiary for the purchase of food and non – alcoholic beverage from the Affiliate.
2.1. You shall pay the Service Charges, fees, other charges, and costs as prescribed by BWTL in the form and manner prescribed for such payment. BWTL may, at its discretion, change, amend, increase, or reduce the Service Charges without prior intimation to the Purchaser or the Beneficiary.
2.2. BWTL may, upon the written instructions of the Purchaser, set off any balance or cancel any Zeta Meal Vouchers held by a Beneficiary to extent transferred by the Purchaser to the Beneficiary.
3.3 The Purchaser shall ensure that:
(a) Zeta Meal Vouchers are purchased for self consumption or purchased to distribute persons directly related to the Purchaser like genuine employees, family members or friends;
(b) Prior to distributing any Zeta Meal Vouchers, it must verify the identity of each Beneficiary through their name, mobile number, and email addresses and must maintain such records so that this can be provided to RBI or other regulatory authorities, if required;
(c) No unauthorized personnel are permitted to either access the Zeta Account or carry out any transactions involving the purchase of Zeta Meal Vouchers;
(d) It shall notify the content of these Terms and Conditions to the Beneficiary and shall ensure that the Beneficiary has read, understood, and complies with such terms;
(f) It shall intimate BWTL about change in the Purchaser's details previously furnished to BWTL, if any, in writing along with such proof as may be necessary;
(g) It shall inform Beneficiaries that Zeta Meal Vouchers should be only used for purchasing food and non –alcoholic beverages. Zeta Meal Vouchers cannot be exchanged for a cash equivalent. If the value of the food or non – alcoholic beverage consumed by the Beneficiary is less than the value of the Zeta Meal Vouchers given to the Affiliate, no cash for the balance amount will be given to the Beneficiary or the Purchaser.
3.4. Zeta Meal Vouchers are non-reloadable digital prepaid instruments issued by the Kotak Mahindra Bank. The vouchers should consumed before the expiry time indicated on the digital booklet. Any Zeta Meal Vouchers which is not utilized within this time period may stand forfeited at the discretion of BWTL. BWTL will send an advance communication to the Purchaser 15 (fifteen) days prior to the expiry of the vouchers alerting it to the forfeiture of the outstanding amount of Zeta Meal Vouchers. Expired Zeta Meal Vouchers may be revalidated by BWTL at the request of the Purchaser subject to such terms and conditions and payment of such fees as may be prescribed by BWTL.
3.5. BWTL reserves the right to suspend/discontinue the Zeta Account of a Purchaser and / or cancel the Zeta Meal Vouchers issued to the Purchaser at any time, for any cause, including, but not limited, any of the following:
(a) For any suspected violation of the rules, regulations, orders, directions, notifications issued by RBI from time to time or for any violation of the Terms and Conditions;
(b) If any information provided by the Beneficiary or the Purchaser is inaccurate, false or misleading;
3.6. No interest shall be payable by BWTL on the Zeta Meal Vouchers. The Zeta Meal Vouchers is non – reloadable by the Beneficiary or Purchaser.
3.7. The Purchaser hereby declares that neither its name, nor that of any of its Beneficiaries, appears in the consolidated list of terrorist individuals/ organizations as circulated by the RBI from time to time.
4.8. Upon use of Zeta Meal Vouchers, it is deemed that the Beneficiary has unconditionally agreed to be bound by these Terms and Conditions (as may be modified and updated by BWTL from time to time), including without limitation, and any other terms and condition as may be intimated by BWTL to the Beneficiaries.
4.9. The Beneficiary shall ensure that:
(a) it uses Zeta Meal Vouchers only for the purchase of food and non – alcoholic beverage from an Affiliate or a recognized eating outlet;
(b) it informs BWTL of any attack or malicious activity on his/her electronic device that runs the software provided by BWTL to use the Zeta Meal Vouchers and should immediately uninstall such software to protect himself/herself from loss of value;
(c) update the software provided by BWTL to use the Zeta Meal Vouchers from time to time and as made available through legal distribution channels; and
(d) it only uses Zeta Meal Vouchers for bona fide Transactions with Affiliates or recognised merchants for the products/services available therein. Withdrawal of cash and refunds from the Zeta Meal Vouchers is not permitted.
4.10. The Beneficiary shall not:
(a) use Zeta Meal Vouchers unless such Beneficiary is of 18 years of age;
(b) transfer the Zeta Meal Vouchers to any other person;
(c) tamper / modify / alter / reverse engineer any software provided by BWTL for the use of the Zeta Meal Vouchers;
(d) use Zeta Meal Vouchers for any purpose that is contrary to any applicable law, regulation, guideline, judicial dicta, Zeta policy or public policy or for any purpose that might negatively prejudice the goodwill of BWTL or of the Zeta brand; and
(e) use Zeta Meal Vouchers for any Transactions in foreign currency. Zeta Meal Vouchers is issued and shall be valid only in India and shall only be used for purchase of products from Affiliates or Zeta recognized merchants in India.
4.11. The Beneficiary authorizes BWTL / a distributor of Zeta Meal Vouchers to use the value stored against Zeta Meal Vouchers to set off any negative balance in the Beneficiary’s account caused by overspend by a Beneficiary by using previous Zeta Meal Vouchers. Beneficiary agrees to pay stipulated fines for any overspend by such Beneficiary leading to any negative balance.
5.12 When the Beneficiary acquires any goods, software or any other services from an Affiliate or Zeta recognized merchant using the Zeta Meal Vouchers, the Beneficiary understands and agrees that, BWTL is not a party to the contract between the Beneficiary and the merchant. BWTL does not endorse any advertiser or Affiliate. BWTL is under no obligation to monitor the goods and services of the Affiliate; the Affiliate alone will be responsible for all warranties or guarantees for goods/services. Any dispute with or complaint against any merchant must be directly resolved by the Beneficiary with such merchant. BWTL shall not be responsible or liable for any deficiency in goods and/or services purchased using Zeta Meal Vouchers. This exclusion of liability shall apply even for goods and/or services made available by BWTL under promotional schemes. The Beneficiaries are instructed to satisfy themselves regarding the quality, quantity and fitness of any goods and/or services before purchase.
5.13 Any amount transferred erroneously by the Beneficiary to any merchant SHALL NOT BE refunded to the Purchaser or the Beneficiary by BWTL in any circumstances. BWTL shall not be liable for any loss or misuse of the Zeta Meal Vouchers.
5.14 In the event of any dispute, cryptographic proofs submitted either by merchant or provided by BWTL shall be binding as the conclusive evidence of the Transactions carried out through use of Zeta Meal Vouchers.
5.15 BWTL shall send all customer communications using one or more electronic channels like SMS, email, push notifications. The messages shall be deemed to have been received by the User after it have been submitted for delivery to the mobile phone operator or to the corresponding platform owner.
5.16 The Purchaser and the Beneficiary agree to receive all commercial messages including transactional messages from BWTL.
WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE ZETA ACCOUNT, ZETA MEAL VOUCHERS, AND ANY SOFTWARE PROVIDED BY BWTL TO USE THE ZETA MEAL VOUCHERS AND ANY SERVICES OFFERED. WE EXPRESSLY DISCLAIM THE IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE.
We provide the Zeta Account, Zeta Meal Vouchers, any software provided by BWTL to use the Zeta Meal Vouchers, and any other technology and services on an “as is”, “where is”, “with all faults” basis. We do not warrant that the Zeta Account, Zeta Meal Vouchers, any software provided by BWTL to use the Zeta Meal Vouchers, or any other technology and services will be uninterrupted, error-free, available or operational at any particular time, or that any known defects will be corrected.
7.17. Notwithstanding anything to the contrary contained herein, neither BWTL, nor its affiliated companies, subsidiaries, officers, directors, employees or any related party shall have any liability to a Purchaser or Beneficiary or to any third party for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or relating to these terms and conditions, Zeta Account, Zeta Meal Vouchers, any software provided by BWTL to use the zeta Meal Vouchers, and any other technology and services provided by BWTL, even if any of said parties had been advised of, knew of, or should have known of the possibility of such damages.
7.18. To the maximum extent permitted by law, our maximum aggregate liability to any purchaser or beneficiary for any causes whatsoever, and regardless of the form of action (whether liability arises due to negligence or other tort, breach of contract, violation of statute, misrepresentation or for any other reason), will at all times be limited to INR One Thousand (INR 1000).
7.19. NO REFUNDS OR RETURNS. Zeta Meal Vouchers are non-reloadable, non-transferable prepaid vouchers. Once issued the vouchers cannot be exchanged. BWTL does not entertain any returns of vouchers. All transactions made using Zeta Meal Vouchers are also deemed final. BWTL cannot offer any returns, exchanges or refunds for any transaction.
8.20. Compliance with law: Zeta Meal Vouchers are non-reloadable prepaid instruments issued by Kotak Mahindra Bank and are governed by RBI directions 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.
8.21. Indemnity: The Purchaser and the Beneficiary agree to indemnify, defend and hold BWTL and/or related parties harmless from any and all claims, losses, damages, and liabilities, costs and expenses, arising out of or related to use or misuse of the Zeta Meal Vouchers and / or Zeta Account, any violation of these Terms and Conditions.
8.22. Assignment: BWTL shall have the right to assign/transfer its rights and obligations under this agreement to any third party without prior consent of the Purchaser or Beneficiary. The Purchaser and the Beneficiary cannot assign the Terms and Conditions or delegate any obligations under these Terms and Conditions without the express written consent of BWTL.
8.23. Amendment: BWTL reserves the right to amend, modify, change, add or terminate (collectively “Changes”) the Terms and Conditions, the terms for use of Zeta Meal Vouchers or Zeta Account, at any time in its sole discretion. The Purchaser and the Beneficiary’s continued use of Zeta Meal Vouchers or the Zeta Account shall be deemed to be the Purchaser and the Beneficiary’s acceptance of any such Changes.
8.24. Choice of law: These Terms and Conditions shall be governed by, and construed in accordance with, the laws of India. Purchaser and the Beneficiary agree that the courts of Mumbai shall have exclusive jurisdiction over any dispute with BWTL.
8.25. 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 Zeta Account, Zeta Meal Vouchers, and any software provided by BWTL to use the Zeta Meal Vouchers, the usage data. Unauthorized use of the IP rights is strictly prohibited and all rights are expressly reserved to BWTL.
8.26. Relationship: The Purchaser and BWTL are independent contractors and nothing in these Terms and Conditions shall be deemed to create an agency or employment relationship, a franchisor - franchisee relationship, joint venture or partnership.
8.27. Severability: Should any provision of these Terms and Conditions be deemed unenforceable or invalid, the other provisions of these Terms and Conditions shall remain in full force and effect.
8.28. Prior discussions: These Terms and Conditions constitute the entire agreement between the Purchaser and the Beneficiary (as applicable) and BWTL regarding its subject matter and supersede all prior and contemporaneous undertakings and agreements between the parties, whether written or oral, with respect to that subject matter.
8.29. Information: Any information provided to BWTL by the Purchaser or the Beneficiary in connection with use of Zeta Meal Vouchers shall vest with BWTL, and may be used by BWTL, for any purpose consistent with any applicable law or regulation, at its discretion. Information submitted by the Purchaser or the Beneficiary for availing Zeta Meal Vouchers and/or information submitted while using the Zeta Account may be shared with Affiliate, merchant, service provider or any third party by BWTL, inter alia, to facilitate the provision of Zeta Meal Vouchers.
Any violation of the terms by Purchasers, Affiliates, Merchants or the Beneficiaries or any concerns or disputes may be reported to the BWTL Grievance Officer at firstname.lastname@example.org.. BWTL shall address the complaints within a stipulated time based on the nature of the query but in no case more than 30 days from the date of complaint.
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