Terms and Conditions for using Smarthub Collect
  1. The following terms and conditions are applicable in respect of any payment made by the user ("Customer"/ "you") using the Smarthub Collect portal of HDFC Bank Limited ("we"/ "us"/ "Bank"), which payments may fall within any of the following categories ("Smarthub Collect Payment(s)"):
    1. Collection of outstanding dues payable to the Bank by you, in respect of any financial indebtedness availed of by you from the Bank ("Loan Payments");
    2. Payment of charges and fees in relation to any services availed by you from the Bank, including without limitation payment of any charges payable in respect of any financial indebtedness availed of by you from the Bank ("Bank Payments"); and
    3. Payment of any consideration for the purchase of any products/availing of any services, by you from any other persons ("Merchants") ("Merchant Payouts").
  2. You, unconditionally and irrevocably, acknowledge and agree, in relation to the Smarthub Collect Payments which are effected on the Smarthub Collect platform and in relation to the Smarthub Collect platform, that:
    1. You shall be responsible for ensuring that all transactions which are effected on the Smarthub Collect platform are transactions which are genuine transactions which are effected for valid consideration and in compliance with applicable law;
    2. You shall only use a valid card issued to you and held in your name/ a bank account maintained by you for making of any Smarthub Collect Payments. In the event you use (i) a card (not being a card issued to you) or net banking facilities in respect of an account (not being your account), it shall be deemed that you have obtained the consent of the holder of such card/ account (as applicable) for the making of such payment;
    3. The payment link which is sent to you would be valid only for such time as the Bank may in its sole discretion determine and you shall be entitled to utilise the payment link to effect a Smarthub Collect Payment only during the validity of the payment link;
    4. The Bank does not warrant or provide any assurance or confirmation that the Smarthub Collect platform shall be available at all times or shall be free of interruptions, bugs, viruses or glitches and the Bank shall not be responsible for any failure of payment due to the same;
    5. All Smarthub Collect Payments shall be mandatorily in Indian Rupees and within the territory of India. The payment link for Smarthub Collect Payments will not facilitate transaction in any other form of currency;
    6. You shall be entitled to make Smarthub Collect Payments only in the event that the relevant transaction is successfully authenticated and authorised and the Bank shall, in its own discretion, be entitled to refuse/ deny to process any transaction. Without prejudice to the generality of the foregoing, you agree and acknowledge that
      1. in the event that the Bank, in its sole discretion determines a transaction which is attempted to be effected on the Smarthub Collect platform as fraudulent, suspicious or contrary to applicable law, the Bank may refuse to process and settle such transaction and shall not be responsible for any consequences which may arise in this regard;
      2. the Bank may, in its sole discretion, require certain Smarthub Collect Payments to be made only through a debit card or only through the use of net banking facilities;
      3. (in the event of termination or suspension of the existing arrangement between the Bank and any Merchant, you shall not be entitled to make payments to the relevant Merchant using the Smarthub Collect platform;
      4. based on the existing arrangements entered into between the Bank and the Merchants, certain limits may be imposed on each Merchant in relation to the number and/or the amount of Smarthub Collect Payments which may be made in favour of such Merchant and the Bank shall be entitled to refuse to process any transactions which are attempted to be effected above the limit imposed vis-a-vis the relevant Merchant;
    7. The Bank shall not be responsible for not processing any Smarthub Collect Payments or any delay in processing of any Smarthub Collect Payments. Without prejudice to the generality of the foregoing, the Bank shall not be responsible if any Smarthub Collect Payment is not acknowledged by the Merchant;
    8. In the event that after having made a Smarthub Collect Payment in connection with Loan Payments, any chargeback or reversal of transaction is requested (including, without limitation, in the event that any Loan Payment has been made by you, by use of the debit card or bank account which is not in your name), then notwithstanding anything to the contrary contained in any other document, writing or agreement, such Loan Payments will be deemed to have never been made and all such amounts shall be immediately due and payable and all consequences in connection with such non-payment, as set out in the relevant loan documents shall apply, including without limitation charging of default interest, additional interest, penalty and other charges. In any such event, the Bank shall also be entitled to suspend/ hold the amounts in respect of which a chargeback is sought until you make payment of all amounts due to the Bank in respect of the Loan Payments;
    9. In the event of occurrence of any chargeback or reversal of transaction in respect of any Bank Payments (including, without limitation, in the event that any Bank Payment has been made by you, by use of the debit card or bank account which is not in your name), then such Bank Payments will be deemed to be not made and the consequences thereof under the relevant document shall follow. In any such event, the Bank shall also be entitled to suspend/ hold the amounts in respect of which a chargeback is sought until you make payment of all amounts due to the Bank in respect of the Bank Payments;
    10. All the Merchant Payouts shall be between the Merchant and you only, and the Bank is not at all involved in or responsible for such transactions or the goods sold or services provided by the Merchant;
    11. In respect of any Merchant Payouts, the Bank neither guarantees, recommends, nor makes any representation in relation to and is not responsible for the provision/quality/features/adequacy/performance of the product and/or services offered by the Merchants and you should proceed only after independently satisfying yourself, in this regard. The Bank accepts no responsibility or liability in this regard;
    12. Any complaints or grievances which you may have in respect of any product and/ or services of the Merchant purchased/ availed by you through Merchant Payouts should be addressed to/ raised with the Merchants alone and the Bank shall not have any responsibility or liability in this regard;
    13. All terms of the transactions for which the Merchant Payout has been effected including without limitation the transaction price and all commercial terms such as delivery, dispatch of products and/or provision of the services are on a principal-to-principal bipartite contractual basis between you and the Merchant and the Smarthub Collect platform is merely used by you and the Merchant to facilitate processing of the payment by you to the Merchant;
    14. Any refund in respect of any Smarthub Collect Payment shall be made to the same issuing bank from where Smarthub Collect Payment was received and all such refunds shall be made in Indian Rupees only and shall be equivalent to the Smarthub Collect Payment received in Indian Rupees;
    15. In the event that you use unauthorised modes of payment for effecting Smarthub Collect Payments or if any Smarthub Collect Payments have been made as a consequence of any fraud/ cheating/ misrepresentation by you, you may be prosecuted under the relevant criminal laws including without limitation under the Indian Penal Code, 1860.
  3. You hereby expressly and unequivocally agree to and hereby do indemnify, save, defend and hold harmless the Bank and its officers, directors, employees, shareholders, agents, consultants and other representatives, successors and assigns of, from and against all, direct and indirect, claims, damages, fines, penalties, losses, costs and expenses, including attorneys' fees incurred by the Bank in respect of or as a result of providing the Smarthub Collect platform for making any Smarthub Collect Payments or as a result of any Smarthub Collect Payments being effected by you on the Smarthub Collect Platform including, without limitation, as a result of (a) any chargeback that occurs in respect of any Smarthub Collect Payments, or (b) any breach of the terms and conditions herein contained.
  4. These terms and conditions shall be governed by the laws of India. The Customer and the Bank agree that the courts and tribunals at Mumbai shall have exclusive jurisdiction to settle any disputes which may arise out of or in connection with these terms and conditions.
  5. The Customer, unconditionally and irrevocably, acknowledges and agrees that these terms and conditions shall apply to each and every use by the Customer of the Smarthub Collect platform and to each Smarthub Collect Payment which is attempted to be effected by you.
  6. The Customer hereby provides its irrevocable and unconditional consent for the Bank to collect, receive and use all information and details in connection with the Customer including without limitation in connection with the Smarthub Collect Payments and/or the use of Smarthub Collect Platform. Notwithstanding anything to the contrary contained herein, the Customer hereby authorises the Bank to disclose, exchange, share or part, from time to time without notice to the Customer, any information in respect of the Customer including, without limitation, any information contained in the documents submitted/ executed by the Customer and/ or any other information relating to the Customer, the Smarthub Collect Payments and the usage of the Smarthub Collect platform collected by the Bank now or hereafter, to any person including, without limitation, any card issuer, credit bureau, banks, financial institutions, any branch, parent/ subsidiary, affiliate, group companies and associates of the Bank, governmental/ regulatory authority, service provider, business correspondent, agent or third party sub-contractor for such purposes that the Bank may deem fit. The Customer hereby waives the privilege of privacy. The Customer hereby authorises the Bank to record specific conversations between the Customer/ the Customer's representative and the Bank's representative, in case of grievance related conversations or payment recovery related conversations or any other conversation that the Bank may deem fit, at its own discretion.
  7. The Customer, unconditionally and irrevocably, acknowledges and confirms that the Customer has read and understood the terms and conditions set out above and is signifying the Customer's irrevocable agreement by clicking on the "I Accept" option below. The Customer also authorises the Bank to use such electronic record as evidence of the Customer having agreed to and accepted these terms and conditions.