TOU E-Wallet

This document is an electronic record in terms of Information Technology Act, 2000, amended thereof from time to time and the rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

Please read the terms of use carefully before registering, accessing, or using the RPharma Wallet (defined below). These terms and conditions, (hereinafter referred to as "Wallet ToUs") govern Your use of Closed System PPIs or such other services which may be added from time to time under the RPharma Wallet is offered by Prasac Berater Private Limited, having its registered office at B-234, 1st Floor, 10B Scheme, Gopalpura Bypass, Jaipur- 302018, Rajasthan, India ("Prasac Berater Private Limited"). RPharma Wallet provides the service for Closed System PPIs. The service of the Closed System PPIs has been issued by RPharma only for facilitating the purchase of the services of logistics provided by RPharma and for purchasing the annual software subscription of the rghspharma.com and do not permit cash withdrawal. RPharma Wallet cannot be used for payment or settlement for third party services. The issuance or operation of RPharma Wallet is not classified as a payment system requiring approval/authorisation by RBI and are, therefore, not regulated or supervised by RBI, as per the circular dated August, 2021 (Updated on November 12, 2021, February 10, 2023, February 23, 2024), RBI/DPSS/2021-22/82, CO.DPSS.POLC.NO.S-479/02.14.006/2021-22, Master Directions on Prepaid Payment Instruments (MD-PPIs), issued by the RBI and updated from time to time.

By proceeding to use the RPharma Wallet, You signify your consent to be bound by these Wallet ToUs in addition to agreeing to the General RPharma Terms and Conditions ( "General ToU"), RPharma "Privacy Policy" and RPharma "Grievance Policy" (collectively referred to as, the "Agreement"). By use of RPharma Wallet, You shall be contracting with Prasac Berater Pvt. Ltd. and the Agreement will constitute a legally binding arrangement between You and Prasac Berater Pvt. Ltd. For the purpose of the Wallet ToUs, wherever the context so requires, the terms "You", "User", "Your" refers to the PPI holder who registers for the RPharma Wallet from rghspharma.com and the terms "We", "Our", "Issuer" refers to RPharma, a business venture owned by Prasac Berater Pvt. Ltd. If you do not agree to the terms and conditions of the Agreement, or do not wish to be bound by the terms and conditions of the Agreement, you may not use the RPharma Wallet and/or immediately close the RPharma Wallet.

We may amend the terms and conditions at any time by posting an updated version at RPharma website and/or mobile application (hereinafter collectively referred to as "PrasacBerater Platform"). The updated version of the Terms of Service shall take effect immediately upon posting. It is Your responsibility to review these Terms of Use periodically for updates/changes. Your continued use of RPharma Wallet following the posting of changes will mean that You accept and agree to the revisions including additional Terms or removal of portions of these Terms, modifications etc. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and avail the Services.

Wallet

Definition

"RPharma Wallet": A prepaid payment instrument issued by RPharma as per the rules/procedures/Exemptions defined by RBI in its circular on Master Directions on Prepaid Payment Instruments (MD-PPIs) and shall refer to as Closed System PPIs to facilitate the purchase of the services of logistics provided by RPharma and to purchase the annual software subscription of rghspharma.com and do not permit cash withdrawal or payment or settlement for third party services.

"VENDOR": shall mean any establishment and/or entity who accepts the RPharma wallet as a payment method for online purchase of services provided at the Platform of rghspharma.com.

"RPharma - Single Sign On (R-SSO)" refers to the login service of RPharma provided to You, which is used to access all services provided in RPharma application using your secure and unique credentials.

Eligibility

By registering for RPharma Wallet, You represent that you are -

  • An Indian Resident having a valid subscription of rghspharma.com.
  • A natural or legal person above 18 years of age or older within the meaning of the Indian Contract Act 1872.
  • You can enter into a legally binding agreement.
  • You have the right, authority, and capability to enter into this Agreement based on all the requirements under the Agreement.
  • You are not barred or otherwise legally prohibited from accessing or using services of RPharma under the laws of India.

You shall not impersonate any person or entity, or falsely state your age or affiliation with any person or entity. RPharma shall reserve the right to terminate your contract to use RPharma Wallet in case of any incorrect representation of the conditions mentioned herein.

Issuance of RPharma Wallet might be subject to additional due diligence, which may include but not be limited to reviewing and validating the credentials provided by You as part of the RPharma Wallet application. Our risk management processes and RPharma shall have the absolute discretion to issue the RPharma Wallet to You. Hence, You shall not be entitled to become a RPharma Wallet holder by merely sharing the required data.

Application and Issuance of RPharma Wallet

  • You shall be responsible for the documents/information and declarations provided to RPharma about Yourself. RPharma shall not be liable for incorrect documents/information and declarations. RPharma reserves the right to refuse activation and the right to deactivate Your RPharma Wallet and report such incident to Legal Enforcement Agencies (LEAs) and the regulator(s) as per extant directives.

RPharma Wallets

RPharma issues Closed System PPIs to RPharma account holders. This section refers to the different categories of RPharma Wallets issued by Us in accordance with the regulatory directives issued by RBI under its Master Directions on Prepaid Payment Instruments, 2021 ("MD-PPIs, 2021") and subsequent updates.

  • Small PPI or Minimum-detail PPI (with no cash loading facility) Small PPI (with no cash loading facility) RPharma Wallets issued under this category are governed by Paragraph 9.1 (ii) of MD-PPIs, 2021 with the features and limitations mentioned herein.
    1. In order to avail this RPharma Wallet, You shall have an active mobile number issued by Indian telecom service providers which will be verified with OTP, You shall provide a self-declaration of your Name and unique identity/identification number of any 'mandatory document' or 'Officially Valid Document' ("OVD") listed in the KYC Directions. RPharma shall provide You list of acceptable documents as part of your application process.
    2. Your RPharma Wallet is reloadable and issued in electronic form. Loading is permissible using Your Bank account and / or Credit Card permitted by the regulator from time to time and as per RPharma's internal policies.
    3. Loading limits shall apply to Your RPharma Wallet, with a Monthly limit of Rs, 10,000/- and an annual limit (calculated on the basis of a financial year) of Rs. 1,20,000/-. Further, Your RPharma Wallet balance shall be limited to Rs. 10,000/- at any point in time ("Small PPI Limit") and no funds will be allowed to be credited to Your RPharma Wallet in case funds in Your wallet have reached the Small PPI Limit except in case of refunds on cancelled transactions, wherein such credit may increase the balance in the RPharma Wallet to be higher than the limit of Rs. 10,000/-.
    4. You cannot use Your RPharma Wallet balance to transfer any funds or withdraw any cash.
    5. You can use the RPharma Wallet balance only for purchasing services provided by rghspharma.com.
    6. The terms and conditions for the use of RPharma is available on rghspharma.com.
    7. You shall use your P-SSO to login and access Your RPharma Wallet. We may ask/provide you additional security measures in order to access Your RPharma Account.
    8. The features and limits mentioned herein are subject to RPharma’s internal risk assessment and We may reduce load and spend limits, apply cooling period on Your RPharma Wallet after fresh loading of funds, or report Your account to Legal Enforcement Agencies ("LEA") or other regulators. You understand that We may or may not communicate the above action to You. This is part of our transactional risk management practice to keep Your RPharma Wallets and ecosystem secure for our users.
    9. In case You opt to close Your RPharma Wallet and Your RPharma Wallet has a stored value, We shall return the funds back to the source account from where the funds were loaded as part of Your RPharma Wallet closure process within 7 working days of your closure request. The RPharma Wallet closure request can be raised by a user by emailing the same on customersupport@rghspharma.com.

General Terms and Conditions

  • Your login credentials are personal to You and You should ensure keeping Your login credentials safe and secure. You are responsible for security of your RPharma Wallet and shall take all steps to keep the details secure including the devices that You may use to access Your RPharma Account. Further, You shall not disclose Your account access credential to anyone in any form whether verbally, writing or record it in any other form. In case You divulge such details in error or due to negligence, You shall immediately report the activity to RPharma. However, RPharma shall not be liable for any unauthorized transaction performed by any third party with Your secure account access credentials.
  • You While executing any transaction, You must ensure the availability of sufficient funds on Your RPharma Wallet or other sources of funds that You use to execute any transaction.
  • You understand that the services offered by RPharma on RPharma application use internet connection, service providers apart from RPharma application to successfully execute Your transactions and We shall not be responsible for any liability arising from, including but not limited to, any loss or interruption of the RPharma Wallet services or the unavailability of the RPharma Wallet services due to a mobile or internet not supporting.
  • You further agree and acknowledge that Your bank/financial institution may access fee(s) or charge(s) against such transactions and RPharma shall not be liable to acknowledge or refund such fee(s) charges and the same shall be borne by You in all circumstances.
  • Funds loaded into Your RPharma Wallet and spent on RPharma application for the services offered, are conducted over the internet and involve multiple stakeholders not limited to Your Bank, Service Providers, Internet services, telecom operator etc. You understand that transaction confirmations and acknowledgements may not always reflect service delivery due to the possibility of failures at multiple points. In such cases, RPharma is not liable for any loss caused due to inefficiencies/process failures at other such stakeholders and RPharma shall credit the funds or recover the funds from You in such cases and shall apply appropriate limits/orders on Your RPharma Wallet or Account accordingly at its own discretion and can take appropriate legal actions to collect the amount due, to the extent allowed by applicable law.
  • You can view Your RPharma Wallet transactions in Your RPharma app and can also review transactions for past 6 (six) months.
  • All categories of RPharma Wallets are non-transferable in nature, except the ones that are unclaimed and no interest is payable on the outstanding RPharma Wallet balances.
  • Your account is secured and any transaction that is processed on Your RPharma Wallet shall be authorized by You explicitly on Your RPharma Wallet and permitted by RPharma.
  • While, the continued availability of the RPharma Wallet shall be subject to the requirements under applicable law and MD-PPIs, 2021, RPharma reserves the right to suspend/discontinue the Wallet at any time, for any cause, including, but not limited, to the following-
    • For any violation of any Wallet ToUs.
    • any suspected discrepancy in Your particular(s), or information provided by You; or
    • RPharma in its sole opinion and discretion believes that cessation/ suspension of Your RPharma Wallet is necessary for any other legitimate purpose.
  • You agree that, upon any closure or winding up of any Prepaid Payment Instrument as notified by the regulator or due to any other circumstances provided under law, You may redeem the outstanding balance in Your RPharma Wallet by raising a request with the RPharma at customersupport@rghspharma.com and the funds will be returned back to the source account from where the funds were loaded within 7 working days from raising the closure request.

Refund and cancellation

  • In case We receive a refund for a transaction which You have processed earlier, We will refund the funds back to the source, including RPharma Wallet.
  • Further, in case of cancellation of a transaction, refunded amount will be credited back to the RPharma Wallet.

Fees and Charges

  • RPharma Wallet issued by RPharma to RPharma Account users is not subject to any membership fee separately. Any user with a valid subscription of rghspharma.com, will be able to use the services of RPharma Wallet.
  • RPharma reserves the right to change its fee(s) policy from time to time. We may at our sole discretion introduce new services and modify some or all the existing services offered and may introduce fees for the new/existing services offered or amend/introduce fees for existing services. Changes to the fee(s) policy shall automatically become effective immediately and will be notified via changes to these terms and conditions.

Refund and cancellation

  • Your RPharma Wallet shall be valid as per the regulatory directives issued by RBI from time to time and permitted by RPharma. Currently Your RPharma Wallet is valid unless surrendered or cancelled or forfeited. RPharma may also terminate the Wallet at its discretion or on account of Your breach of these Terms or on account of a directive received from the RBI or from any other LEA.
  • You may also note that RPharma reserves the right to terminate Your RPharma Wallet in case of violation of any terms of the Agreement or any rule/policy issued by the RBI or Government of India or any other concerned body and in such event, any balance in Your RPharma Wallet shall be credited back to Your bank account linked to the RPharma Wallet. In such an event, RPharma might report Your account and transaction details to the concerned enforcement authority or any other agency notified by regulators or law and may freeze Your RPharma Wallet until given a clearance by the concerned body.
  • In the event that no transaction is done by the user using RPharma Wallet for a period of 12 months, the RPharma Wallet of the said user shall be deemed to be inactive and a closure request from the side of RPharma will be raised and the same will be notified to the user via mail/message and the amount lying in the RPharma Wallet will be refunded either to the source account which is connected to the RPharma Wallet or to any other bank account of the user, the details of which are shared by the user, after KYC process of the user.

Suspension/Discontinuation of services

  • In case You want to close Your RPharma Wallet, Your funds would be allowed to be refunded back to the source account from which the RPharma Wallet was loaded.
  • You agree and acknowledge that there can be certain risk-based scenarios when Your RPharma Wallet may not be immediately closed but suspended and then eventually closed.
  • You also understand that We are also obligated to retain Your data and information even after discontinuation of Your RPharma Wallet for record retention.

Unauthorized transactions and Grievance Redressal

  • RPharma shares transaction alerts in the form of SMS/Emails/Notification on RPharma Application against debit to Your RPharma Wallet. In case You observe any transaction on Your account which is not processed with Your consent/authorization, You should immediately report such transaction by raising a complaint to Us via the customer support contact number/email as made available on the RPharma application.
  • Once You report a transaction as unauthorized, We may also temporarily suspend Your RPharma Wallet while we review Your claim. As We investigate the claim, We shall keep funds claimed under dispute and shall credit the same to Your RPharma Wallet in case the investigation outcome is in Your favor.
  • In case the unauthorized transaction is processed due to any contributory fraud/ negligence/ deficiency on the part of RPharma, We will refund the funds to Your RPharma Wallet.
  • In cases where the loss is due to Your negligence, such as where You might have shared the payment credentials, You shall bear the entire loss until You report such unauthorised transaction to Us. You shall not be made liable for any further loss on Your RPharma Wallet after You have reported the unauthorised transaction to Us.
  • All terms and conditions governing Your RPharma Wallet is available for Your review at all times on the RPharma Platform.
  • In case Your report any complaint / grievance, We would review Your concern and will try to resolve Your complaint / grievance within 48 (forty eight) hours, but not later than 30 (thirty) days from the date of receipt of Your complaint / grievance. You may refer to our Grievance Policy for further details.

Transaction Monitoring

  • You are allowed to use Your RPharma Wallet for permitted purposes of availing services provided by RPharma platform within the overall transactional limit(s) applicable to Your RPharma Wallet. However, in order to secure Your account and safeguard Your transactions, we may monitor Your transaction and account activity for identifying risks and We may decide to put in place limits/restrictions/suspension on Your RPharma Wallet taking into account the risk perception that We may generate basis our monitoring and risk management practices.
  • In order to review Your account, You understand and authorize Us to review Your RPharma Account, including but not limited to services offered on Your RPharma Platform.
  • You also acknowledge that We would need to block/suspend/limit/restrict usage of Your RPharma Account for any anomalies that we may observe in Your RPharma Account for any of the services provided on the RPharma Platform.

Prohibited use of PPI, user conduct and responsibilities

  • You shall not 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 person’s digital signatures or perform any other fraudulent activity.
  • You shall not use the RPharma Wallet to defraud RPharma, our affiliates or other members or users, or engage in other unlawful activities.
  • RPharma shall send all customer communications by SMS/ email/ notification or any other communication mode and they shall be deemed to have been received by You after they have been submitted for delivery to the SMS/email service providers. You are required to review all such communication and report back to Us in case of any concern or query.
  • You agree to receive all transactional and promotional messages from RPharma. However, in case You do not want to receive promotional messages, You shall Opt-Out from receiving such messages by expressing Your consent on the Opt-Out option provided as part of such emails or via any other medium made available to You by RPharma.
  • You shall use the RPharma Wallet in good faith and in compliance with all applicable laws and regulations and be solely responsible for payment of any taxes, duties or other governmental levies or any financial charges that may be imposed on any services or services supplied by RPharma or otherwise arising from transactions.
  • You shall ensure that the RPharma Wallet is not used for transactions in foreign currency. RPharma Wallet is issued & shall be valid only in India and shall only be used for services provided by RPharma Platform.

Communication

  • RPharma may communicate with You on the contact information that You may have provided to Us during the course of availing Your yearly subscription for RPharma Platform.
  • We will send you communication alerts via emails or SMS or push notifications or via other progressive technology. You also agree that there can be disruption in communications due to factors that are not under Our control, including but not limited to Your phone being switched off, incorrect email address, network interruptions. You agree not to hold RPharma liable for non-delivery of any alert or any loss suffered by You due to delay, distortion or failure of communication.
  • You further acknowledge that You are responsible for the contact details shared with Us and shall update Us on any change of Your contact details. You authorise Us to contact You and communicate with You for any RPharma Service or offer(s). We may use third party service providers to send alerts or to communicate with You. You authorise RPharma Platform to override the DND settings to reach out to you over calls, SMS, emails and any other mode of communication.

Disputes

  • Any disputes against Your RPharma Wallet usage and operation shall be notified to Us within 30 days, beyond which, We shall not be held liable for any such claim/event. However, when a dispute is received from You, We shall identify Your dispute by a unique tracking reference and acknowledge the same.
  • Any disputes not resolved amicably, shall be referred for resolution as per the governing law and jurisdiction section below.

Indemnification & Limitation of Liability

  • These terms of use, govern our mutual rights, responsibilities and obligations and is subject to change as directed but not limited to notifications by regulators, enforcement agencies, changes in law of land or RPharma’s internal policies and procedures.
  • In no event will RPharma be liable for any indirect, consequential, incidental, special or punitive damages, including without limitation damages for loss of profits or revenues, business interruption, loss of business opportunities, loss of data or loss of other economic interests, whether in contract, negligence, tort or otherwise, arising from the use of or inability to use the RPharma Wallet.

Amendment to the Wallet ToUs

  • These Wallet ToUs govern our mutual rights, responsibilities and obligations and is subject to change as directed but not limited to notifications by regulators, enforcement agencies, changes in law of land or RPharma’s internal policies and procedures.
  • These Wallet ToUs may be modified to reflect our current practices, procedures, featured services and other notified changes by regulators and changes in law. We shall update the Wallet ToUs accordingly and You are required to review the terms while using Your RPharma Wallet. These Wallet ToUs shall be deemed to be accepted by You in case of Your continuing usage and operation of RPharma Platform.
  • Your RPharma Wallet is issued basis on permissible regulatory directives and You understand and acknowledge that any change in such directives may impact Your RPharma Wallet operation and issuance, including suspension/termination, which is solely defined by such directions and may not reflect in these Wallet ToUs.

Intellectual Property Rights

  • Intellectual Property Rights for the purpose of this Wallet ToUs shall always mean and include copyrights whether registered or not, patents including rights of filing patents, trademarks, trade names, trade dresses, house marks, collective marks, associate marks and the right to register them, designs both industrial and layout, geographical indicators, moral rights, broadcasting rights, displaying rights, distribution rights, selling rights, abridged rights, translating rights, reproducing rights, performing rights, communicating rights, adaptation rights, circulating rights, protected rights, joint rights, reciprocating rights, infringement rights. All those Intellectual Property Rights arising as a result of domain names, internet or any other right available under applicable law shall vest in the domain of Prasac Berater Pvt. Ltd. as the owner of such domain name. The Parties hereto agree and confirm that no part of any Intellectual Property Rights mentioned hereinabove is transferred in the name of the User and any Intellectual Property Rights arising as a result of the operation of the RPharma Wallet or this Agreement shall also be in the absolute ownership, possession and Our control or control of its licensors, as the case may be.
  • All material on the RPharma Platform, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights of Prasac Berater Pvt. Ltd. Material on Website is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other platform or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited.

Governing law / Jurisdictions

  • This Agreement and the rights and obligations thereunder and the relations of the parties and all matters arising under or in connection with this Terms of Use, including the construction, validity, performance or termination thereunder, shall be governed by and construed in accordance with the laws of the Republic of India.
  • If any dispute or difference of any kind whatsoever shall arise between the parties in connection with or arising out of or in connection with Your use of the RPharma Wallet, You and designated employee or representative of Prasac Berater Pvt. Ltd. shall promptly and in good faith negotiate with a view to arriving at an amicable resolution and settlement of the dispute or difference.
  • The existence of any dispute or difference or the initiation shall not postpone or delay the performance by the parties of their respective obligations under this Agreement. Notwithstanding anything contained herein, the parties shall have a right to institute legal proceedings to prevent any continuing breach and to seek an injunctive or any other specific relief.
  • Subject to and without prejudice to the amicable settlement, the courts in Jaipur, Rajasthan shall have exclusive jurisdiction to try and adjudicate all matters arising in connection with your use of the RPharma Wallet or other matters covered herein.

General Provisions

  • Prasac Berater Pvt. Ltd. shall have the right to assign this Agreement (including all of our rights, titles, benefits, interests, and obligations and duties in this Agreement) to any of its affiliates and to any successor in interest. Prasac Berater Pvt. Ltd. may delegate certain RPharma rights and responsibilities under this Agreement to independent contractors or other third parties. You may not assign, in whole or part, this Agreement to any person or entity without our prior written consent which may be withheld at our sole discretion.
  • A Force Majeure Event shall mean any event that is beyond the reasonable control of RPharma and shall include but not limited to war, riots, fire, flood, acts of God, explosion, strikes, lockouts, slowdowns, prolonged shortage of energy supplies, pandemic, computer hacking, unauthorized access to computer data and storage devices, computer crashes ,acts of state or governmental action prohibiting or impeding RPharma Platform from performing its respective obligations under this Agreement.

Disclaimers

  • If there is any conflict between the English version and another language version of this Agreement, the English version shall prevail.
  • Any failure by Prasac Berater Pvt. Ltd. to exercise any of our rights under this Agreement shall not constitute a waiver of such right or a waiver with respect to subsequent or similar breach. A waiver shall be effective only if made in writing.
  • If any provision of this Agreement is held to be invalid or otherwise unenforceable, then that provision shall be deleted and the remaining provisions shall remain valid and enforceable.
  • Headings are for convenience purposes only and in no way define, limit, construe or describe the scope or extent of such section.
  • Prasac Berater Pvt. Ltd. and third party partners make no warranty, express or implied regarding the quality of Services including but not limited to: i) the Services will meet your requirements; II) the Services will be uninterrupted, timely or error free; or III) any products, information or material obtained by You in connection with the services will meet Your requirements.
  • If You are unable to use the RPharma Wallet as a result of improper operation of the systems due to any of the following reasons, You agree You will not hold Prasac Berater Pvt. Ltd. liable for:
    • system suspension which has been announced by RPharma in advance through any mode of communication;
    • failure in data transmission due to breakdown in the telecommunications equipment or systems;
    • failure in system operations due to breakdown resulting from typhoon, earthquake, tsunami, flood, electricity blackout, war, terrorist attack, and other force majeure events which are beyond our reasonable control; or
    • The Services are interrupted or delayed due to hacking, authority, website upgrade, banks, and other reasons that are beyond control of RPharma.
  • Except as expressly provided herein and to the full extent permitted by law, the services for the RPharma Wallet are provided "as is", "as available" and "with all faults". All such warranties, representations, conditions, undertakings and terms, whether express or implied, are hereby excluded. It is Your responsibility to evaluate the accuracy, completeness and usefulness of the services and other information provided by RPharma or generally available. We do not authorise anyone to make any warranty on Our behalf and You should not rely on any such statement.
  • You agree that all risks arising from online transactions will be borne by You and In the event of any dispute, RPharma records shall be binding as the conclusive evidence of the transactions carried out through use of RPharma Wallet.