www.brontoo.com

Terms & Conditions

This notice is published in accordance with provisions of Rule 3(1) of Information Technology (Intermediaries guidelines)Rules, 2011. This is an Electronic Record as per definition under Information Technology (Amendment) Act 2008 herein after referred to as ITAA 2008.

Brontoo Technology Solutions India Private Limited, hereinafter referred to as Brontoo with its Registered Office and Corporate Office CyberOne, 18th Floor, Sector 30, Vashi, Navi Mumbai-400703 is an Intermediary as per clause (w) of sub-section (1) of section 2 of the Information Technology (Amendment) Act 2008.Osta is a Payment Platform launched by Brontoo, offering a bouquet of services.

Brontoo, Osta, Osta Platform, Osta Services are registered Trade Marks and are owned by Brontoo Technology Solutions India Private Limited.

Definitions
  1. “Authorisation” means the positive response sent by Osta Platform, for approval of payment request (Charge) for your sales / services etc, through the Mobile App or Web Portal.
  2. “Charge Back” is a process of reversal of the Customer Payment on account of
    1. Defective delivery
    2. Delivery not as per customer request
    3. Excess Billed
    4. Fraudulent usage
    5. Any other reasons attributable to the merchant/ seller/ service provider
  3. “Customer” is a person who is a registered user of the Osta Platform who is desirous of availing Goods/Services from the Merchants onboarded on the Osta Platform, using the Osta Platform for Payment for the Goods/Services, so availed.
  4. Customer Account means a Savings Bank/ Current/ Overdraft/ Credit Card/ Wallet account maintained by the customer with a Registered Bank
  5. “Debit to Account” means charging Customer Bank/Card account (Payment Source) for the amount of transaction successfully done on the Osta Platform.For the amount spent or used by customer there would be a debit of that amount to the customer’s account/added payment source.
  6. “Lien Marking” means blocking/earmarking a part of the balance outstanding in the Bank/Card account.(Payment Source), on Customer request through the Osta Platform.
  7. “Lien Removal” means un-blocking/releasing the Lien Marked amount to the Bank/Card account (Payment Source).
  8. “Merchant” is a person aged more than 18 years and an Indian resident or a business entity authorised to conduct business in India, who is onboarded on to the Osta Platform after document authentication of KYC and other business related documents. A Merchant can offer Goods/Services to a Customer and accept payment for the Goods/Services rendered, through the Osta Platform.
  9. “Nodal Account” is the account maintained by the registered banks for crediting the payments received from its customers, who had availed Goods/Services through the Osta Platform.
  10. Osta digital number is a unique code which can be alphanumeric, numeric, special characters or QR Code
  11. Osta Platform/Osta Services is a convenient Digital Payment option for the customers without using Debit-Card/ Credit-Card/ Net-Banking/ e-Wallets.
  12. ”Payment Source” means a Customer Bank account/Credit Card for use in the Osta Platform.It can also be a prepaid card/ wallet/ payment bank account or any other approved instrument by RBI.
  13. “Registered Bank/Bank” means a Bank who is onboarded in to the Osta Platform.
  14. “Rejection” means the negative response sent by Osta Platform, for approval of payment request (Charge) for your sales / services etc, through the Mobile App or Web Portal.
  15. "User" means any person who access or avail any computer resource of intermediary for sharing, transacting, displaying or uploading information and includes other persons jointly participating in using the computer resource of an intermediary.
General Notice

Please read the following terms and conditions carefully before registering as a User/customer and subsequently accessing, browsing, downloading or using the Osta website located at Ostaapp.com or Brontoo.com and all associated sites linked to Ostaapp.com, or the Brontoo.com Osta mobile application or any similar platform (hereinafter collectively, the Osta Platform run by Brontoo) on any device and/or before availing any services (hereinafter referred as Osta Services) on the Osta Platform.

These Terms and Conditions shall also include any additional or modified terms and conditions in relation to any Osta Service or any future service that may be offered by Brontoo on the Osta Platform. By registering on, accessing, browsing, downloading or using (as applicable) the Osta Platform or availing any Osta Service, you automatically and immediately agree to all the T&Cs

Registration

To be part of the Osta Platform, you as a User need to Register yourself. The Registration process involves downloading the Osta App from Google Play Store or access our website www.ostaapp.com and select Register as Customer.

Eligibility

By pressing/selecting I Agree, you confirm that you are

  1. Aged more than 18 years of age and not 'incompetent to contract' within the meaning of the Indian Contract Act, 1872
  2. Certify that all the Personal information provided by you for registration are true
  3. Have read all the Terms and Conditions listed hereunder
  4. Have understood that the access/usage of Osta Platform or Osta Services are provided to you on the basis of your acceptance of this Terms & Conditions, and Brontoo reserves the right to revoke access/usage to the same in case of non-compliance with rules and regulations, user agreement and privacy policy for access or usage of Osta Platform or Osta Services.
Access to Osta Platform/Osta Services
  1. As part of Registration, you need to create a user-id and Password.
  2. You also need to create a 6 digit Pin, which can be used to revalidate your access to Osta Platform or Osta Services.Revalidation is required in case you forget your User-id/Password.
  3. All the transactions are received/ Processed/ Authorised at the Osta Platform based on your user-Id and Password.(You may opt for biometric or other authentication methods available)
  4. All transactions received at Osta Platform is deemed to be authorised by you, when received with your User-id, Password or authorization/authentication request given
Safety of Password/Finality of Transaction
  1. All transactions received at Osta Platform with valid User-Id, Password and authorised are irrevocable.
  2. Any Cancellation/Charge back is a separate process and have to be initiated through appropriate menu options.
  3. In the interest of your security and the safety of your transactions on the Osta Platform,we request you not to store/write the User-Id/Password and Pin.
  4. Please keep your User-Id and Pin safe lest it may be misused and may result in loss to you.
  5. Do not share Osta number, QR code, Password, PIN to any known or unknown person unless you want to transact for purchase of goods or services
  6. In case User loses the mobile or handset or believes to have compromised with the username/password then user shall immediately change the password and PIN as well as for additional security delete the bank/cards accounts added. Email or Call to Company shall not be accepted as the system is designed for complete self service.
Fair Usage
  1. By registering, you agree that you are provided with the limited use of the Platform and you undertake not to sub-license or to misuse the platform. You also agree that all the Intellectual Property in the Platform or its services are held by Brontoo and it is non-transferable and can not be assigned to anybody other than by Brontoo.
  2. By registering, you agree to comply with all applicable provisions of law and will ensure that the activities undertaken by you will not result in any offence, crime (including digital/cyber) or attract any penal provisions of law.
  3. You undertake not to use the platform using any mechanical/ electronic/ robotic mode which may result in overwhelming the platform with transaction/enquiry volumes, which may result in denial of services of the Platform to other users of the Platform.
  4. You understand that such misuse may result in Brontoo reporting the same as a Cyber crime, and you are responsible for any consequences arising out of such misuse of the platform and the cyber investigations/criminal proceedings.
Prohibited Conduct

By accessing or using the Osta Platform or by availing Osta Services, You agree not to:

  1. Impersonate any person or entity, falsely claim or otherwise misrepresent the source, identity, or content of information transmitted via the Osta Services, perform any other similar fraudulent activity or otherwise avail Osta Services with what we reasonably believe to be potentially fraudulent funds.
  2. Post or transmit any message which is libellous, defamatory or which discloses private or personal matters concerning any person.
  3. Post or transmit any message, data, image or program which is pornographic, vulgar or offensive in nature.
  4. Refuse to cooperate in an investigation or provide confirmation of Your identity or any other information provide by You to Osta.
  5. Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Osta Services and the Osta Platform or features that enforce limitations on the use of the Osta Services or the Osta Platform.
  6. Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of as regards Osta Services or Osta Platform or any part thereof, except and only to the extent this is expressly permissible by applicable law.
  7. Modify, adapt, translate or create derivative works based upon the Osta Services and the Osta Platform or any part thereof, except and only to the extent that that this is permissible by applicable law.
  8. Intentionally interfere with or damage operation of the Osta Services or the Osta Platform or any other user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code or file with contaminating or destructive features.
  9. Sell the Osta Services, information, or software associated with or derived from it.
  10. Use the facilities and capabilities of the Osta Platform to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others.
  11. Avail Osta Services with what Osta reasonably believes to be potentially fraudulent funds.
  12. Use the Osta Services in a manner that results in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties and other liability to Osta, a third party or You.
  13. Use the Osta Services in a manner that Osta or any payment card network reasonably believe to be an abuse of the payment card system or a violation of payment card network rules.
  14. Take any action that may cause Osta to lose any of the Osta Services from its service providers or lose any of its recharge partners or business partners, including mobile operators or telecom companies, payment processors or other suppliers.
Payment Source
  1. You hereby irrevocably authorise Brontoo/Osta Platform or its associates to accept your Debit Card/ Internet Banking/ Mobile Banking/ Credit Card credentials once at the time of registering the payment source. The information so received by Brontoo/Osta Platform is passed on to the respective Bank for authentication.
  2. Brontoo/Osta Platform or its associates do not store your Bank provided credentials as mentioned above nor the Customer/Account details available at your Bank. The platform shall store last 4 digits or some characters to help you recognize the added card or bank account
Usage of Osta Platform & Osta Services
  1. Osta Platform facilitates transactions through a unique id assigned by your Bank.
  2. You understand that your registration/ transactions on the Osta Platform is subject to availability of the Core Banking System of your Bank. You indemnify Brontoo/ Osta Platform/ your Bank from any losses arising out of inability to access the account due to any reason whatsoever.
  3. You hereby irrevocably authorise Brontoo/Osta Platform or its associates to mark a Lien on your account (put Hold) to the extent of your request for Osta digital number with an explicit understanding that the validity of the Osta digital number requested by you can be decided by you and the same can be cancelled at any time before the expiry of the validity,by you, through the Mobile App/Web Portal. Validity, limit etc are set at Bank level and not at each Osta digital number level.
  4. You irrevocably authorise Brontoo/ Osta Platform for accessing your device location ,IMEI number, IP number for implementing fraud prevention mechanisms.
  5. The request for Osta digital number is subject to per transaction/per month/ per person limits as may be prescribed by your Bank/Regulatory agencies.Brontoo/Osta Platform or its associates can not be held responsible for not completing a transaction for such reasons.
  6. You hereby undertake to operate your Bank account only up to the Clear funds available in the account (Total Balance – Amount held in Lien (or Hold) for Osta & other purposes).
  7. You also undertake to indemnify the Bank and to not to hold them accountable for not honouring transactions beyond the Clear Funds available in the account.
  8. You hereby authorise your Bank to debit your account for the amount of transactions you have performed on Osta Platform or for availing Osta Services.
  9. You hereby irrevocably authorise your registered Bank to Mark Lien/ Remove Lien/ Debit your account based on your request in the Osta Platform or transactions through the Osta Platform or Osta Services.
  10. You irrevocably agree to keep the Osta digital number secured and will not share by SMS, Email or screenshot, Image to anyone else. In case user does the same, then Brontoo/Osta cannot be held liable for the same.
  11. You irrevocably agree that based on the settings provided by them, Platform shall generate new Osta digital number and in case of debit to account, system shall be given access to debit the account in full or partial as per the usage.
  12. Osta digital number are for one time usage and repeated attempts to use the same Osta digital number shall result in failure.
Communication
  1. As part of the Registration, OTP may be sent by Brontoo/ Osta Platform/ your Bank. You authorise Brontoo/Osta Platform or its associates to read the SMS received on your registered mobile for the purpose of reading such OTPs for automatic authentication. Brontoo/ Osta Platform/ Bank/ SMS provider SMS provider can not be held responsible for any loss arising out of non-receipt of the SMS or its inability to automatically read the SMS.
  2. As part of registration, verification e-mail is sent to the registered e-mail id provided on the Osta platform.Brontoo/Osta Platform can not be held responsible for non-receipt of e-mail due to any reason whatsoever and the loss, if any, arising out of such non-receipt/delayed receipt.
Warranty & other Operational
  1. Brontoo/Osta Platform is an Intermediary and provide payment facilitation service among registered merchants, other merchant and payment aggregators. We facilitate the finality of the transaction between you and the merchant or Service provider/Biller as the case may be. Brontoo/ Osta Platform/ Bank is not responsible for the non-delivery/defective delivery of products/ services and does not provide any express, implied or statutory warranty on behalf of the merchants/ vendors/ billers of their products/ services.
  2. No warranty, representation or guarantee, express or implied, is given by Brontoo/ Osta Platform in respect of the operation of the service
  3. Your Bank debits your accounts and settles the transaction with the merchant through a Nodal Bank. Brontoo/Osta does not have access nor does it have authority to debit/ credit your bank account.
  4. Osta Platform/Services are made available through Mobile App/Web Portal which requires Internet connection with data facility. Osta Platform/ Services does not provide for any express/statutory or implied representations or warranties with regard to your Telecom/ network/ Internet provider.
  5. You are solely responsible for the device compatibility/ software update/ telecom/ mobile/ internet and Brontoo/Osta or its associates can not be held responsible for any loss/ damage/any other loss arising out of availability/non-availability of the same.
  6. You understand that your Osta Platform/bank may reject authentication and/or authorisation of transaction placed by you for any reason including but not limited to insufficient funds, incorrect authentication details, risk management, suspicion of fraudulent, illegal or doubtful transactions, selling of banned items, use of black-listed bank account numbers, use of suspicious API or in accordance with the RBI, and any other laws, rules, regulations, guidelines in force in India.
  7. You understand that Brontoo/ Osta Platform/ your Bank can block your transactions through the Platform temporarily or permanently due to misuse/fraudulent use of the platform. Brontoo/Osta Platform reserves the irrevocable right to allow or permanently block you from accessing the platform.
  8. All the transactions performed on the Osta Platform are immediately reflected on the Mobile App/Web Portal. Brontoo/ Osta Platform/ your Bank as a responsible corporate citizen provide an option to flag any completed transaction as fraudulent/disputed through the mobile app/web portal.
Grievance Redressal

In compliance of Rule 3 (11) of Information Technology (Intermediaries guidelines) Rules, 2011, we have appointed a Grievance officer, details of which are available in our website www.brontoo.com/ www.ostaapp.com. Users or any victim who suffers as a result of access or usage of computer resource by any person in violation of rule 3 can notify their complaints against such access or usage of computer resource of the Brontoo/Osta Platform or other matters pertaining to the computer resources made available by it.. All such disputes shall be raised within 14 days from the date of transaction through our website/Mobile App or Web Portal. The Grievance Officer shall redress the complaints within one month from the date of receipt of complaint as per our internal dispute resolution mechanism. Please be informed that Brontoo/Osta Platform will approach the dispute on a neutral basis and the resolution of the dispute is completely dependent on the co-operation by you and the merchant/vendor by providing the details of dispute and other supporting evidence on a time bound manner. Brontoo/Osta Platform can not be held responsible for any loss arising out of such delay in the resolution process.

Charge Back/Cancellation
  1. You as a Customer of Osta Platform can raise a Charge Back request for the transaction concluded by you for various reasons as listed in the definition of “Charge back” above.
  2. You agree to provide complete and correct details for chargeback process. If incomplete or incorrect details are provided then user services may be stopped and/or may be reported to police as per the law of land.
  3. All Osta digital number cannot be cancelled and for certain Osta digital number chargeback cannot be initiated.For example, in case of funds transfer, Osta digital number is transferred cannot be cancelled even if funds are not debited from your account. It shall be user responsibility to create Osta digital number and use them wisely and keep them safe and secured
Fees & Charges
  1. There are no charges applicable for transacting on the Osta Platform, for customers. However, there are certain value added Osta Services viz Cardless ATM Withdrawal which may involve a Service Charge. Such charges will be notified to you before you complete the transaction/ and /or provided in the Websites of Brontoo/ Osta Platform.
  2. If charges are applied, then there may be taxes applicable as per law.
Governing law

These terms and conditions are governed by the laws of India and the competent courts at Mumbai shall have exclusive jurisdiction.

Security
  1. In compliance of Rule 3 (11) of Information Technology (Intermediaries guidelines) Rules, 2011, we have deployed Security systems to protect the transaction/other dataandthat all our communication between Osta with Customer/ Merchants/Banks are encrypted. We will also maintain highest security standards and shall submit our systems and processes for a security review from time to time, as per laid down norms.