Agreement

Unless explicitly provided by Utkarshdt in any specific service or deliverable, obtaining sufficient insurance coverage is the obligation of the User. In no case Utkarshdt shall accept any claims arising out of such scenarios.

Insurance, if any provided as a part of the service or product by Utkarshdt shall be as per the terms and conditions of the third-party insurance company. Utkarshdt merely acts as a facilitator in connecting the User with insurance company. The User shall contact the insurance company directly for any claims or disputes. Utkarshdt shall not be held liable in case of partial acceptance or denial of the claims by the insurance company.

The RBI mandates collection of PAN details for all transactions made under Liberalized Remittance Scheme (LRS)which include any international booking made on the Website or through Sales Channels. The User warrants and confirms that PAN details of the User/traveler will be shared by the User on or before the cut-off date prescribed by Utkarshdt either at the time of booking or after the booking is made. In case the traveler is a minor, Utkarshdt will require PAN details of the parent/guardian of such minor. The User further confirms that non-compliance of this requirement may result in cancellation of the booking.

The User warrants and confirms that the total amount of foreign exchange purchased or remitted during the current financial year, through all sources in India (including the current transaction) falls within the permissible limit prescribed by the RBI. The User further confirms that foreign exchange, if any, purchased by User for the purpose of international travel under the current booking will be utilized for the purpose indicated above.

The User authorizes Utkarshdt to retrieve User’s/ traveler’s (in case booking on someone’s behalf) PAN details from Users profile, previous bookings or share User/traveller’s data with third party(ies) for collecting or verifying PAN details solely for the purposes mentioned in this Agreement.

The User understands Utkarshdt does not collect User’s PAN details without consent. If the User wishes to opt of providing the same or wishes to delete it if already provided, the User may do so by accessing the profile information through the Desktop.

The User authorizes Utkarshdt to share User/traveler data with third party(ies) for collecting or verifying PAN details of User/traveler.

International bookings made through Utkarshdt are subject to the requirements of visa including but not limited to transit visa, OK TO BOARD which are to be obtained by the User as per the requirement of their travel bookings and the requirements of the countries the User intends to visit or transit through.

Utkarshdt is not responsible for any issues, including inability to travel, arising out of such visa requirements and is also not liable to refund any amount to the User for being unable to utilize the booking due to absence or denial of visa, irrespective whether or not the User has availed the services of Utkarshdt for the visa process too. Refund, if any, will be as per the applicable terms of booking and cancellation policy.

There can be exceptional circumstances where Utkarshdt and / or the Service Providers may be unable to honor the confirmed bookings due to various reasons like act of God, labor unrest, insolvency, a pandemic, an epidemic, business exigencies, government decisions, terrorist activity, any operational and technical issues, route and flight cancellations etc. or any other reason beyond the control of Utkarshdt. If Utkarshdt has advance knowledge of any such situations where dishonor of bookings may happen, it will make its best efforts to provide similar alternative to the User or refund the booking amount after deducting applicable service charges, if supported and refunded by that respective service operators. The User agrees that Utkarshdt being merely a facilitator of the services and products booked, cannot be held responsible for any such Force Majeure circumstance. The User has to contact the Service Provider directly for any further resolutions and refunds.

The User agrees that in the event of non-confirmation of booking due to any technical reasons (like network downtime, disconnection with third party platforms such as payment gateways, banks etc.) or any other similar failures, Utkarshdt’s obligation shall be limited refunding the booking amount, if any, received from the customer. Such refund shall completely discharge Utkarshdt from all liabilities with respect to that transaction. Additional liabilities, if any, shall be borne by the User.

In no event shall Utkarshdt and be liable for any direct, indirect, punitive, incidental, special or consequential damages, and any other damages like damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website or any other Sales Channel.

In addition to other remedies and recourse available to Utkarshdt under this User Agreement or under applicable law, Utkarshdt may limit the User's activity, warn other users of the User's actions, immediately suspend or terminate the User's registration, or refuse to provide the User with access to the Website if:

• The User is in breach of this User Agreement; or
• Utkarshdt is unable to verify or authenticate any information provided by the User; or
• Utkarshdt believes that the User's actions may infringe on any third-party rights or breach any applicable law or otherwise result in any liability for the User, other users of Utkarshdt, or Utkarshdt itself.

The User shall not write or send any content to Utkarshdt which is, or communicate with Utkarshdt using language or content which is:

• abusive, threatening, offensive, defamatory, coercive, obscene, belligerent, glorifying violence, vulgar, sexually explicit, pornographic, illicit or otherwise objectionable;
• contrary to any applicable law;
• violates third parties' intellectual property rights;
• a spam; or
• in breach of any other part of these terms and conditions of use.

User agrees that that the end service provider may refuse to provide the service(s), agreed to be provided to the User, for any booking made through Utkarshdt with/without assigning any reasons or owing to reasons including but not limited to behavioural issues, public safety, health hazards, infectious diseases, government orders/notification etc. In such scenarios of refusal, the liability that may ensue shall solely vest with the end service provider as it is outside the purview of Utkarshdt and the User agrees that any claim, refund or damages against such refusal shall lie solely against the end service provider and not Utkarshdt.

The User expressly undertakes to provide Utkarshdt with correct and valid information while making use of the Website under this User Agreement, and not to make any misrepresentation of facts. Any default on part of the User would disentitle the User from availing the services from Utkarshdt.

In case Utkarshdt discovers or has reasons to believe at any time during or after receiving a request for services from the User that the request for services is either unauthorized or the information provided by the User or any of the travelers is not correct or that any fact has been misrepresented by that User, Utkarshdt shall be entitled to appropriate legal remedies against the User, including cancellation of the bookings, without any prior intimation to the User. In such an event, Utkarshdt shall not be responsible or liable for any loss or damage that may be caused to the User or any other person in the booking, as a consequence of such cancellation of booking or services.

If any judicial, quasi-judicial, investigation agency, government authority approaches Utkarshdt to cancel any booking, Utkarshdt will cancel the same without approaching the concerned User whose booking has been cancelled.

The User shall not hold Utkarshdt responsible for any loss or damage arising out of measures taken by Utkarshdt for safeguarding its own interest and that of its genuine customers. This would also include Utkarshdt denying or cancelling any bookings on account of suspected fraud transactions.

Utkarshdt's employees or authorized representatives will never contact a User asking for his/ her credit or debit card number, expiry date, CVV, net banking login, passwords, OTP etc. nor will they ever request for a fund transfer to a personal or an individual bank account. Further, they will also not ask a User to install any third-party applications that enable them to view a User's mobile or computer screen.

Acting on any of these requests may make you a victim of fraud, and may potentially lead to loss of your valuable money or information.

If you are ever asked for any of the aforesaid information, please report it immediately on riskcontrol@go-Utkarshdt.com.

The User agrees to indemnify, defend and hold harmless Utkarshdt, its affiliates and their respective officers, directors, lawful successors and assigns from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by such indemnified persons, that arise out of, result from, or may be payable by virtue of, any breach of any representation or warranty provided by the User, or non-performance of any covenant by the User.

The User shall be solely liable for any breach of any country specific rules and regulations or general code of conduct and Utkarshdt cannot be held responsible for the same.

User agrees that due to recent outbreak of COVID-19 pandemic, which has been declared as a national disaster by the Government of India, there may be instances, where the end service provider either cancels the booking or refuses to provide the services, as agreed with the User, by assigning or not assigning any specific reason for such refusal. Refusal of service may be due to the reasons including but not limited to the User:

• exhibiting any symptoms associated with COVID 19.
• refusing to comply with safety advisories, like wearing protective gear, complying with social distancing norms etc.
• suffering of any ailment making the User vulnerable to the virus
• posing a threat to the health and safety of others
• not fulfilling Coivd-19 vaccination criteria

In such cases Utkarshdt will assume no liability for the refusal of service by the end service provider. The User also agrees that refund, if any, for such bookings will be processed by Utkarshdt to the User subject to receipt of the same from the end service provider.

User further understands that due to the outbreak of COVID-19, the Central Government through its ministries, State Governments and statutory bodies have/may come up with detailed set of guidelines or standard operating procedure (SOP) that a traveler will have to follow in order to undertake the travel.

The User agrees to abide with all such guidelines/SOP while undertaking any travel. Failure to abide by such detailed set of guidelines/SOP, may lead to a situation where the service provider or any person authorized by the Central Government, State Government or statutory body may disallow the User to undertake the travel. In such circumstances, Utkarshdt will not be held liable for such refusal to travel and refund, if any, shall be strictly as per the terms of the service provider

User understands that the Central Government, State Governments and various other bodies, may mandate providing Covid -19 vaccination status and certificate, downloading of Arogya Setu App or submitting a self- declaration form prior to entering a transit point like airport, railway station etc. or at the time of checking-in for a flight, into a hotel etc. Accordingly, the User must ensure downloading of Arogya Setu App on their smartphones or provide any other alternate such as self-declaration when demanded.

User undertakes that all bookings are subject to certain minimum medical wellbeing criteria specified by the Govt. / appropriate authority from time to time including submitting Vaccination status and certificate, negative RT-PCR report or any other travel related guideline, especially in case of inbound travel. In this regard the User may be required to furnish a medical proof or health declaration in a applicable format.

Utkarshdt acts as a Third Party Application Provider (TPAP) under UPI

Utkarshdt is a TPAP authorized by NPCI to facilitate payments through PSP Bank(s). For this purpose ICICI Bank shall act as the PSP. Utkarshdt is a service provider participates in UPI through the PSP Bank.

Through the agreement entered into between Utkarshdt, ICICI and NPCI, Utkarshdt shall facilitates grievances, complaints and provide resolution to the customers using our UPI application.

Utkarshdt shall act as the first point of contact for all UPI related grievances/ complaints for its UPI customers. In the event the complaint or grievance remains unresolved, the User may escalate the issue to ICICI Bank, followed by the User’s bank (linked to the UPI account) and NPCI thereafter, in the same order. If the User is still dissatisfied, the User may approach the Banking Ombudsman and / or the Ombudsman for Digital Complaints, as the case may be.

FAQS

What is NPCI?: National Payments Corporation of India (NPCI) is an authorized payment system operated by RBI. NPCI owns and operates the UPI payment system.

What is PSP bank?: Payment Service Provider (PSP) is the banking company authorized to act as a service provider under the UPI framework. PSP engages the Third Party Application Provider (TPAP) to provide UPI services to the end-user customers.

What is TPAPs?: Third Party Application Provider (TPAP) is an entity that provides the UPI compliant app(s) to the end-user customers to facilitate UPI based payment transactions.

What is Customer’s Bank?: The Bank where the end-user customer maintains his/her account that has been linked for the purpose of debiting/crediting the payment transactions made through UPI.

Who is End User Customer?: The end-user customer is the individual who uses UPI payment facility to send and receive payments.

GENERAL TERMS PERTAINING TO THE USE OF UPI

Roles & Responsibilities of NPCI

• NPCI owns and operates the Unified Payments Interface (UPI) platform
• NPCI prescribes rules, regulations, guidelines, and the respective roles, responsibilities and liabilities of the participants, with respect to UPI. This also includes transaction processing and settlement, dispute management and clearing cut-offs for settlement
• NPCI approves the participation of Issuer Banks, PSP Banks, Third Party Application Providers (TPAP) and Prepaid Payment Instrument issuers (PPIs) in UPI
• NPCI provides a safe, secure and efficient UPI system and network
• NPCI provides online transaction routing, processing and settlement services to members participating in UPI
• NPCI can, either directly or through a third party, conduct audit on UPI participants and call for data, information and records, in relation to their participation in UPI
• NPCI provides the banks participating in UPI access to system where they can download reports, raise chargebacks, update the status of UPI transactions etc.

Roles & responsibilities of PSP Bank

• PSP Bank is a member of UPI and connects to the UPI platform for availing UPI payment facility and providing the same to the TPAP which in turn enables the end-user customers / merchants to make and accept UPI payments
• PSP Bank, either through its own app or TPAP’s app, on-boards and registers the end-user customers on UPI and links their bank accounts to their respective UPI ID.
• PSP Bank is responsible for authentication of the end-user customer at the time of registration of such customer, either through its own app or TPAP’s app
• PSP Bank engages and on-boards the TPAPs to make the TPAP’s UPI app available to the end-user customers
• PSP Bank has to ensure that TPAP and its systems are adequately secure to function on UPI platform
• PSP Bank is responsible to ensure that UPI app and systems of TPAP are audited to safeguard security and integrity of the data and information of the end-user customer including UPI transaction data as well as UPI app security
• PSP Bank has to store all the payments data including UPI Transaction Data collected for the purpose of facilitating UPI transactions, only in India
• PSP Bank is responsible to give all UPI customers an option to choose any bank account from the list of Banks available on UPI platform for linking with the customer’s UPI ID.
• PSP Bank is responsible to put in place a grievance redressal mechanism for resolving complaints and disputes raised by the end-user customer

Roles & responsibilities of TPAP

• TPAP is a service provider and participates in UPI through PSP Bank
• TPAP is responsible to comply with all the requirements prescribed by PSP Bank and NPCI in relation to TPAP’s participation in UPI
• TPAP is responsible to ensure that its systems are adequately secure to function on the UPI platform
• TPAP is responsible to comply with all applicable laws, rules, regulations and guidelines etc. prescribed by any statutory or regulatory authority in relation to UPI and TPAP’s participation on the UPI platform including all circulars and guidelines issued by NPCI in this regard
• TPAP has to store all the payments data including UPI Transaction Data collected by TPAP for the purpose of facilitating UPI transactions, only in India
• TPAP is responsible to facilitate RBI, NPCI and other agencies nominated by RBI/ NPCI, to access the data, information, systems of TPAP related to UPI and carry out audits of TPAP, as and when required by RBI and NPCI
• TPAP shall facilitate the end-user customer with an option to raise grievance through the TPAP’s grievance redressal facility made available through TPAP’s UPI app or website and such other channels as may be deemed appropriate by the TPAP like email, messaging platform, IVR etc.

Tripmoney Fintech Solutions PVT. Ltd (TRIPMONEY)is a 100% subsidiary Company of MakeMyTrip Group since 2020 providing Users with a platform for easy-to-apply digital travel loans, EMI facilities, personal loan ,credit cards, forex cards and other products by connecting the User with the respective service providers like various banks, NBFCs and Fintech Companies .

Any User who inquires about or purchases any product through or avails any service of TRIPMONEY through Utkarshdt’s platform, is bound by the terms of this User Agreement in addition to the User Agreement, Privacy Policy or any other terms & conditions available on TRIPMONEY’s platform.

Any User who inquires about or purchases any product through or avails any service of TRIPMONEY through Utkarshdt’s platform further agrees to share accurate and valid details with Utkarshdt inter alia information that may be required for the purpose of booking /purchasing a product/service as mandated under the applicable laws :

• Credit limit
• PAN details
• Credit worthiness
• Transaction details
• EMI details
• EMI details

SEVERABILITY: If any provision of this User Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this User Agreement shall continue to be in full force and effect.

JURISDICTION: This Agreement is subject to interpretation as per the laws of India, and the parties shall refer any unresolved disputes to the exclusive jurisdiction of courts in Delhi.

AMENDMENT TO THE USER AGREEMENT: Utkarshdt reserves the right to change the User Agreement from time to time. The User is responsible for regularly reviewing the User Agreement.

CONFIDENTIALITY: Any information which is specifically mentioned by Utkarshdt as confidential shall be maintained confidentially by the User and shall not be disclosed unless as required by law or to serve the purpose of this User Agreement and the obligations of both the parties herein.

In compliance of the Information Technology Act, 2000 and rules made thereunder and also in compliance of the Consumer Protection (E-Commerce) Rules, 2020 the name and contact details of the Grievance Officer are herein as under:

Working hours : Mon to Fri (9:00 to 18:00)