If a User has initiated a Transaction, the User cannot cancel the same once the Transaction has been initiated/ processed.
User is solely responsible to add the Payee bank account details on the Application and the User must ensure that the details entered in respect of the account name, account number, IFSC code, etc are correct. GimBooks Pay shall not be liable to check or validate the account details on behalf of the User. The User acknowledges that in case the User enters incorrect bank details, GimBooks Pay will not be responsible/liable to refund any amount to the User whatsoever. GimBooks Pay, the Service Providers and the Acquiring Banks will not be responsible in case the User initiates a wrong/incorrect transaction. Users shall have very well understood and acknowledge that payments when made into a bank account of the Payee are irreversible as the same falls under the personal jurisdiction of the said Person.
The User can raise a dispute/query in respect of a particular Transaction within a period of 3 (three) hours after initiation of such Transaction. Any dispute/query raised after 3 (three) hours will not be considered valid by GimBooks Pay and GimBooks Pay will not be liable to refund any amount in such a scenario.
In case the User claims a refund after the Transaction is settled, the User expressly agrees that such transactions cannot be rolled back and hence covenants to resolve this transaction with the Payee offline and inform GimBooks Pay on such resolution.
There shall be NO REFUNDS or REVERSAL of any kind for successfully initiated/processed Transactions; even where such transaction is effected or executed on account of any default or negligence of the User.
However, the User shall be fully refunded for any kind of debits on account of technical failure on the Application. In such a case, the User shall be refunded the entire amount, including the Convenience Fee (if any), without any demur into his account within 7 (seven) to 10 (ten) working days.
All refunds to the Users shall not entail any Chargeback of Convenience Fee and related taxes. In case of User violating any terms of the Terms & Conditions, GimBooks Pay reserves the right to hold back any payment which it feels as suspicious or invalid unless completely validated.
Limitations of Liability
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Indemnity
User shall keep GimBooks Pay and the Acquiring Bank and Service Providers safe and harmless and indemnified from and against any and all liability (including but not limited to liabilities, judgments, damages, losses, claims, costs and expenses,) or any other loss that may occur, arising from or relating to any claim, suit or proceeding brought against GimBooks Pay by another User/ Service Provider/ third party for reasons including, but not limited to (i) delivery, non-delivery or delay, deficiency or mistake in respect of the products purchased sold or services rendered; (ii) a breach, non-performance, non-compliance or inadequate performance by the User of any of the terms, conditions, representations, obligations or warranties made by him/her; (iii) any acts, errors, misrepresentations, wilful misconduct or negligence of the User, or his/her employees, subcontractors and agents in performance of their obligations under these Terms & Condition; (iv) infringement of Intellectual property rights, privacy rights of third parties; (v) third party claims or suits; or (vi) disclosure of sensitive information by or through User.
Transaction Finality
Once a BBPS payment instruction is submitted by the User and the payment mode is successfully debited, the transaction is immediate and final. No cancellation or modification of the payment request is possible through the GimBooks Pay app. This is mandated by the real-time nature of the BBPS framework.
Failure to Credit
A refund is only initiated if a successful payment confirmation is received from the user's bank/payment instrument, but the transaction subsequently fails to settle or is rejected by the Biller or the BBPOU (MobiKwik).
The process for refunds is as follows:
a. Immediate Failure: If the transaction fails instantly (e.g., technical error), the amount is typically reversed immediately, and the funds should reflect in the User's source account within 2-3 hours or as per the norms of the User's bank/PPI.
b. Delayed Failure/Settlement Failure: If the amount is debited but the biller does not receive credit, the transaction enters the BBPS Dispute Management System (DMS).
GimBooks Pay, acting as the Agent Institution, will raise a complaint with MobiKwik. The time taken for such a refund is typically 5-7 working days but may extend as per the formal BBPS/NPCI resolution process.
Refund Exclusions
GimBooks Pay and its BBPOU partner (MobiKwik) are not responsible for refunds or chargebacks in the following scenarios:
a. User Error: Payment made to an incorrect Biller ID, customer account number, or wrong bill amount entered by the User.
b. Biller-Specific Issues: Issues related to the quality of the service provided by the Biller (e.g., continued electricity/mobile service disruption). These disputes must be taken up directly with the Biller.