PHONEPE APPSTORE DEVELOPER TERMS & CONDITIONS

This document is an electronic record in terms of Information Technology Act, 2000 and the rules thereunder, as may be amended from time to time and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This document is published in accordance with Rule 3(1) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2023. This electronic record is generated by a computer system and does not require any physical or digital signatures.

  1. ACCEPTANCE:

Please read the Terms (defined below) carefully before registering, accessing or using PhonePe Appstore. The Terms constitute a legally binding agreement between You (defined below) and PhonePe Appstore Private Limited, incorporated under Companies Act, 2013, having its registered office at 51/117, Nelson towers, Nelson Manickam Road, Aminjikarai, Chennai, Tamil Nadu, India- 600029 (hereinafter referred to as “PhonePe”), that governs Your use of PhonePe Appstore Services (defined below).

By continuing Your use of the PhonePe Appstore, You agree and acknowledge that You have read the Terms and agree to abide by and adhere to the Terms, with respect to availing of the PhonePe Appstore Services by You and/or any other person using Your account on the PhonePe Appstore. If You do not agree to the Terms or do not wish to be bound by the Terms, You shall cease to use PhonePe Appstore Services immediately. Subject to Your compliance with these Terms, PhonePe grants You a personal, non-exclusive, non-transferable, limited license to avail the PhonePe Appstore Services.

B. DEFINITIONS & INTERPRETATION:

By accessing and/or using PhonePe Appstore, You represent and warrant that:

  1. You are capable of entering into a contract /legally binding agreement. Further, You are eighteen (18) years of age or older or if You are a minor then please ensure that Your parent or legal guardian reads and accepts the Terms and PhonePe’s Privacy Policy which is separately made available by PhonePe;
  2. You confirm and warrant that all data and information including, but not limited to, the mobile number You provide to PhonePe are accurate in all respects;
  3. You are not barred or otherwise legally prohibited from accessing or using services of PhonePe Appstore under the laws of India or the specific jurisdiction wherein You are currently present; and
  4. You are not impersonating any person or entity or falsely stating Your age or affiliation with any person or entity.

D. ACCESS TO PHONEPE APPSTORE:

Before availing PhonePe Appstore Services, You shall be required to create a user account using Your mobile number and/or any other credentials/verifications as may be required by PhonePe, from time to time. You understand that in order to create a user account on the PhonePe Appstore, PhonePe uses ‘Login with PhonePe’ (a service provided by PhonePe Limited (formerly known as PhonePe Private Limited). If You are already registered through ‘Login with PhonePe’, data/information will be fetched by PhonePe in such regard.

PhonePe Appstore enables You, inter alia, to search for and download Mobile Apps and view/consume Content via Device(s). For PhonePe Appstore to function and provide PhonePe Appstore Services, You may be required to provide certain permissions and for the same, You shall receive prompts/notifications.

With respect to Your use of the PhonePe Appstore Services, You agree that: You shall use PhonePe Appstore Services only for purposes that (i) are permitted by Applicable Law, (ii) only for personal and non-commercial use and; (iii) will not engage in any activity that interferes with or disrupts PhonePe’s services.

You are solely responsible for maintaining the confidentiality and security of Your user login. You shall not, reveal Your user login information to anyone else, allow anyone else to use Your user login, or use anyone else’s user login.

You shall not use the PhonePe Appstore Services: (i) in any manner that may lead to infringement of Intellectual Property Rights or personality rights of any person or spread any misinformation; (ii) to exploit or endanger a minor; (iii) to sell, transmit, communicate, modify, sublicense, transfer, assign, rent, lease, redistribute, broadcast, any Mobile Apps or Content to any third party; (iv) to commit, attempt to commit, or assist, authorize or encourage others to do such actions that may circumvent, disable or defeat any of the features, services or security features of or provided by PhonePe Appstore; (v) for any purpose that, is illegal, immoral, unethical; (vi) to perpetrate terrorism, threaten the national security and sovereignty of India; (vii) to violate human rights or to cause any direct or indirect personal injury or death; and (viii) for any activity that is obscene, pornographic, paedophilic, invasive of another’s privacy including bodily privacy, insulting or harassing on the basis of gender, racially or ethnically objectionable, relating to or encouraging money laundering or gambling, or promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence.

You agree that PhonePe shall be under no liability whatsoever to You in the event of non-availability of the PhonePe Appstore or any portion thereof occasioned by any Force Majeure Event. You shall not modify, reverse engineer, decompile or disassemble the PhonePe Appstore in whole or in part, or create any derivative works from or sublicense any rights in the PhonePe Appstore.

You agree that PhonePe has no responsibility or liability with respect to Your use of the Mobile App or any content or functionality in the Mobile App or Your Devices. You understand that PhonePe is not a party to the contract between You and the Publisher and the Publisher alone will be responsible for all obligations under the contract including, but not limited to, warranties and/or guarantees.

You further agree to be bound by PhonePe’s Privacy Policy which explains how PhonePe handles Your personal data.

E. PHONEPE APPSTORE USAGE CONDITIONS AND RESTRICTIONS:

You may provide ratings and reviews on PhonePe Appstore with respect to the Mobile Apps that You access and use on PhonePe Appstore. The ratings for Mobile App(s) that are displayed on the PhonePe Appstore are calculated based on the average ratings from PhonePe Appstore users. 

Reviews will show the details linked to Your user login account. For reviews, Developers will be able to see Your user login account details, language, device and device information (such as language, model, and OS version). Developers can also reply to reviews and may use this information to reply to You. If You edit a review, other users and developers can still see past edits unless You delete the review.

PhonePe’s guidelines for ratings and reviews are provided below. Reviews that don’t abide by these guidelines will be removed, and anyone who repeatedly or egregiously violates them may lose the ability to post reviews on PhonePe Appstore.

  1. Spam and fake reviews: Please ensure that Your reviews reflect the experience You have had with the Mobile App(s) You are reviewing. Please do not post: (i) inaccurate reviews; (ii) the same review multiple times; (iii) reviews for the same content from multiple accounts; (iv) reviews to mislead other users or manipulate the rating; and/or (v) reviews on behalf of others. 
  2. Related reviews: Please ensure that the reviews are relevant to the Mobile App(s) being reviewed. 
  3. Promotional material: Please ensure that the reviews do not promote content outside the scope of the Mobile App(s) that You are reviewing.
  4. Financial gain: Please ensure that the reviews are unbiased and are not influenced by financial gain. In this regard, please do not accept or offer any incentives in exchange for posting reviews.
  5. Intellectual Property: Please ensure that You do not post reviews that infringe on the intellectual property rights of others.
  6. Sensitive information: Please ensure that You do not post Your personal or confidential information or the personal or confidential information of any user as part of Your review.
  7. Offensive language: Please ensure that You refrain from using obscene, profane, offensive language in Your reviews. 
  8. Applicable law: Please ensure that the reviews You post are in compliance with Applicable Laws and do not contain any illegal/sexually explicit/hateful content. 

If You want to report abuse or other content violations, please refer to the grievance policy which is separately made available by PhonePe.

You agree that PhonePe Appstore may by automated means or manually screen and moderate some or all reviews and ratings. PhonePe reserves the right to reject or take down any reviews and ratings which in PhonePe’s sole opinion are inappropriate or do not pertain to the Mobile App or topics associated to the Mobile App or is in contravention of PhonePe’s policies. PhonePe’s decision in this regard will be final and binding on all user(s) of the PhonePe Appstore.

You understand that the Mobile App ratings that are populated on the PhonePe Appstore are based on an aggregate of the ratings provided by PhonePe Appstore users and/or PhonePe’s market intelligence and hence, PhonePe Appstore cannot ensure that the same are accurate and/or indicative of performance/suitability of the Mobile App.

G. VOUCHERS

This section shall become applicable if You access, view, select, or purchase any third-party digital vouchers, top-ups in the form of digital credits/tokens/points or other digital value, promotional codes or gift cards (collectively, “Vouchers”) made available on the PhonePe Appstore.

  1. You acknowledge that all the Vouchers available on the PhonePe Appstore are powered and managed either by third-party service providers (hereinafter referred to as “Voucher Service Provider”) or by Voucher Service Providers under individual commercial arrangements with the respective retail brands, corporate entities, or service providers displayed on the Voucher (each, the “Merchant”).
  2. You acknowledge that PhonePe is merely providing You access to the Vouchers for Your convenience only and PhonePe Appstore operates solely as a digital interface, intermediary and facilitator enabling the display and purchase of the Vouchers on its platform. You hereby acknowledge that PhonePeAppstore is not the issuer, provider, or physical processor of the Vouchers and shall have no role in terms of the offer, issuance, redemption or fulfilment of the Voucher.
  3. To the fullest extent permissible under Applicable Law, PhonePe disclaims all warranties, risk or guarantees, whether statutory, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, operational uptime, validity of any Voucher, compliance with Applicable Laws and/or non-infringement of proprietary rights. Any contract regarding the lifecycle, or physical redemption of the Voucher is strictly between You, Voucher Service Provider, and the respective Merchant. You hereby agree not to make PhonePe, PhonePe Appstore or any of its affiliates a party to any claim, issue, damage or dispute arising out of or in connection with the Voucher.
  4. By purchasing the Voucher, You shall be deemed to have read, understood and accepted the terms and conditions applicable to the specific Voucher, made available to You at the time of purchase of the Voucher. You are strongly advised to carefully read these terms and conditions and any other internal policies of the Voucher Service Provider and/or the Merchant as may be made applicable to You.
  5. By opting to purchase a Voucher, You consent to PhonePe sharing Your personal details with the Voucher Service Provider to enable Your use of the Voucher and accordingly, You shall be governed by the respective Voucher Service Provider’s privacy policy. PhonePe hereby disclaims all liability with respect to any such data (and the usage thereof) that is shared with the Voucher Service Provider, post Your consent.
  6. You agree not to use the Vouchers for any illicit or illegal purposes or to conduct any fraudulent transaction or act in such a manner which could be seen as violation of the Applicable Law and/or the policies, rules, terms of use of PhonePe and/or of the Voucher Service Provider.
  7. To the maximum extent permitted by Applicable Law, PhonePe, its parent company, directors, employees, and affiliates shall be completely insulated from, and hold zero legal or financial liability for, any disputes or losses arising out of:
  8. The refusal of a Voucher Service Provider or an independent Merchant to honour, accept, or clear a Voucher at their physical or digital points of sale.
  9. The financial instability, business closure, or insolvency of any Merchant or Voucher Service Provider.
  10. Any technical ledger errors, balance discrepancies, data lag, or system downtime originating with Voucher Service Provider.
  11. The unauthorized use, interception, or theft of any Voucher code or PIN after its successful transmission to Your registered contact.
  12. You hereby agree and acknowledge that all transactions for the purchase of Vouchers processed through PhonePe Appstore are definitive, non-cancellable, and completely non-refundable. Once a digital Voucher code is generated, it cannot be exchanged for cash, reversed, or credited back to source unless otherwise mentioned herein.
  13. You acknowledge that the policies related to refund and return will be provided by the Voucher Service Provider. You are strongly advised to read the same before purchasing/availing any Vouchers. PhonePe shall not be liable for any refund related complaints/claims, and You shall only approach the respective Voucher Service Provider for the same.
  14. PhonePe, in its sole and absolute discretion and right, may suspend/discontinue, either temporarily or permanently, Your access to the Vouchers, at any time without any prior notice or intimation. Further, in case of suspicious/fraudulent transactions, Your transactions may be evaluated and investigated into by PhonePe and/or the Voucher Service Provider and upon intimation, You shall be required to provide written clarification along with submission of requested documents as may be relevant to the transaction(s) in question.
  15. For any disputes, claims or issues arising out of or in relation to the Voucher, You agree to contact the Voucher Service Provider’s or the specific Merchant’s customer care channels. PhonePe Appstore will not arbitrate or intervene for any such claims.
  16. The operational utility of any Voucher is inherently contingent upon the continuous business operations of the Voucher Service Provider and/or independent Merchant. In the event a Voucher Service Provider and/or a Merchant undergoes bankruptcy, structural insolvency, corporate liquidation, or is forced to halt operations due to any reason including but not limited to strikes, government restrictions, acts of God, or civil unrest (Force Majeure), PhonePe is under no obligation to compensate or refund the unspent value of the Voucher. Furthermore, You do acknowledge and accept that PhonePe shall not be named as a party to any debt collection, consumer forum actions, or recovery proceedings initiated against the failing Voucher Service Provider or the Merchant.
  17. PhonePe reserves the right to discontinue any type of Voucher from a particular Voucher Service Provider or the Merchant or category or the Voucher service altogether, without any notice to You. PhonePe Appstore shall not be responsible for any loss or damage incurred by You resulting therefrom.

H. DISCLAIMERS:

PhonePe Appstore Services are provided on an “as is”, “where is” and “as available” basis and without warranties of any kind. PhonePe makes no representations or warranties or guarantees of any kind or nature, whether express or implied, regarding PhonePe Appstore, PhonePe Appstore Services, Mobile Apps, Content or other services included or otherwise made available via PhonePe Appstore. Unless specified in writing You expressly agree that Your use of the PhonePe Appstore is at Your sole risk. No advice or information, whether oral or written, obtained by You from PhonePe or PhonePe’s affiliates shall be deemed to alter PhonePe’s disclaimer of warranty regarding the PhonePe Appstore, or to create any warranty of any sort from PhonePe.

To the extent permissible by law, PhonePe disclaims all warranties, including without limitation any implied warranty of merchantability, satisfactory quality, fitness for a particular purpose, reliability, availability and non-infringement. In addition, PhonePe does not represent, warrant or guarantee that the PhonePe Appstore Services, Mobile Apps and Content will (i) be compatible with Your hardware or software, (ii) operate in an uninterrupted, timely, secure or error-free manner, (iii) will always be available or free from all harmful components or errors, including but not limited to, viruses, interferences, corruption and/or other security instructions, and/or (iv) will be secure or immune from hacking and/or other unauthorized access.

PhonePe expressly disclaims any liability arising out of the usage or viewing of any Content. PhonePe takes no responsibility for the Content, or any third-party material posted on the PhonePe Appstore, nor does it take any responsibility for the products or services provided by any third-party advertisers. You assume total responsibility for Your use of the advertiser’s products or services. Any dealings You have with the advertisers while using the PhonePe Appstore Services are between You and the advertiser, and You agree that PhonePe is not liable for any loss or claim that You may have against an advertiser.

PhonePe Appstore is intended to promote Mobile App(s)/ Content that are allowed for use within India. We do not represent or warrant that PhonePe Appstore is appropriate/intended for use outside India.

  1. LIMITATION OF LIABILITY:

To the extent permissible by Applicable Law, in no event shall PhonePe or its licensors, affiliates be liable to You for any indirect, incidental, consequential, special, exemplary, punitive damages or lost profits, even if You have been advised of the possibility of such damages. This limitation will apply regardless of the theory of liability, whether fraud, misrepresentation, breach of contract, negligence, personal injury, product liability, infringement or any other theory, regardless of whether or not You have been advised of the possibility of such damages. This limitation and waiver also applies to any claim You may bring against any other party to the extent that PhonePe would be required to indemnify such party for any claim. In no event shall PhonePe’s aggregate liability to You under these Terms exceed One Hundred Rupees (INR 100). PhonePe has no liability for any of Your data that is lost or corrupted through use of the Services; You are responsible for maintaining backups of Your data.

J. INDEMNIFICATION:

You agree to indemnify, release and hold harmless PhonePe, its officers, directors and agents and any party acting on PhonePe’s behalf, from and against any and all claims, actions, liabilities, losses, damages, judgments, costs and expenses, including reasonable attorneys’ fees arising out of (i) any use of PhonePe Appstore and PhonePe Appstore Services, (ii) breach of the Terms, or (iii) any violation of Applicable Law, or the rights of any third party.

K. TERMINATION:

PhonePe reserves the right to terminate Your access to PhonePe Appstore in full or in part if PhonePe determines that You have violated the Terms or any other agreements or guidelines which may be associated with Your use of the PhonePe Appstore. Further, You agree that PhonePe may, in its sole discretion and without prior notice, terminate Your access to the PhonePe Appstore, for cause, which includes (but is not limited to) (i) requests by law enforcement or other government agencies, (ii) discontinuance or material modification of the PhonePe Appstore and/or PhonePe Appstore Services, or (iii) unexpected technical issues or problems. If You wish to terminate Your account, please notify PhonePe via an email to [email protected]. PhonePe will terminate Your Account, within a reasonable timeline, upon receipt of Your email. Upon termination of Your account, all data or other information associated with Your account may be deleted unless otherwise required under Applicable Law and/or internal archiving policies of PhonePe. PhonePe shall have no liability for such deletion resulting from Your account termination. In case of a termination by either party, You must cease all use of the PhonePe Appstore including any Content and PhonePe Appstore Services.

L. GENERAL LEGAL TERMS: