Co-Branded Card Program-Operating Rules

  • DEFINITIONS:

    In these Operating Rules (“Rules”), the following words and expressions shall unless repugnant to the context, have the following meanings:-

    • “Applicable Law” includes all applicable statutes, enactments or acts of any legislative body in India, laws, ordinances, rules, bye-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any Regulatory/Legal Authority and any modifications or re-enactments thereof.
    • “Application Programming Interface” or “API” means the application programming interface including any related documentations, source code, executable applications and any other materials made available by PPBL for the purpose of integration of the Co-branded Card Partner’s systems with the systems of PPBL for the purposes of Co-Branded Debit cum Access Card arrangement.
    • “Account” shall mean the savings account held in the name of the Cardholder with PPBL and accessed by way of the various mediums/channels provided by PPBL from time to time including but not limited to linked Co-Branded Debit cum Access Card, all being governed by PPBL’s general terms and conditions governing accounts and services along with the terms and conditions of the savings account, the relevant channels and/or debit cards.
    • “Agreement” shall mean the Co-Branded Debit Card Program Agreement executed between the PPBL and Co-Branded Card Partner.
    • “Card Associations” shall mean organisations or card networks (including but not limited to VISA, MASTERCARD, RUPAY etc.) that process and settle debit card transactions as per the relevant rules formulated by such organisations.
    • “Card Association Licensed Marks” shall mean all the trade-names, logos, trademarks and copyrights as lawfully owned or licensed by the Card Associations’.
    • “Card Holder/s” shall refer to the holder of Co-Branded Debit cum Access Card issued pursuant to this Agreement who is also a the card holder of the Co- Branded Card Partner at the time of issuance of card.
    • “Card Program” or “Co-Branded Debit Card Program” shall mean the co-branded card program being operates a debit card program under the aegis of various card schemes being offered by the Card Associations under which the bank debit cards are issued by PPBL as an issuer.
    • “Co-Branded Debit cum Access Card” or “Card” shall mean as a co‐branded debit Card, branded with Licensed Marks, that is linked to the Account for the purpose of undertaking ATM, debit card (PIN‐based and card based) transactions through various offline or online channels, deposits and money transfer services, post its activation by the Co-Branded Card Partner’s Card Holder and / or for the purposes as permitted by PPBL from time to time.
    • “Confidential Information” shall refer all tangible and intangible information and/or sensitive personal information and/or proprietary information obtained, developed or disclosed or provided or accessed by the Parties in connection with the performance of its obligations in relation to the Co-Branded Debit Card Program including but not limited to all non-public information relating to the disclosing Party’s technology, customers, business plans, business and operating processes, promotional and marketing activities, finances, customer data so collected, statistics related to the transaction and system performance, customer information, and other business affairs, API, third-party information, data pertaining to end-to-end transaction details and/or information pertaining to payment or settlement transaction that is gathered / transmitted / processed as part of a payment message / instruction including (i) customer data (name, mobile number, email, Aadhaar number, PAN number, etc. as applicable, (ii) payment sensitive data (customer and beneficiary account details), payment credentials (OTP, PIN, passwords, etc.) and (iii) transaction data (originating & destination system information, transaction reference, timestamp, amount, etc.), that the disclosing Party is obligated to keep confidential, the nature, content and existence of any discussions or negotiations between the Parties, documents, data, papers and statements and trade secret of either Party relating to its business practices and their competitive position in the market place and all information received pursuant to on-line data connectivity (whether oral, written or electronic form, or on magnetic or other media) of either Party together with all documentation, relating to the Co-branded Debit Card Program.
    • "Fees" shall refer to the all the charges and/or fees more particularly described in the Agreement.
    • "Force Majeure Event" means any event including but not limited to an act of God, fire, epidemics, natural calamities; riots, civil commotion or unrest, terrorism, war, public strikes; expropriation or other governmental actions; any changes in Applicable Law or regulation including changes in market rules, currency restrictions, devaluations or fluctuations; market conditions affecting the execution or settlement of transactions or the value of assets; and breakdown, failure or malfunction of any telecommunication and information technology systems beyond the control of any Party which restricts or prohibits the performance of the obligations of such Party contemplated in relation to the Co-branded Debit Card Program.
    • “Intellectual Property” means all patents trademarks, permits, service marks, brands, trade names, trade secrets, logos, service marks, information, data, software, API specifications, API including that of all improvements, enhancements, modifications, all rights to patent, copyright and trade secrets tools, software, proprietary information and knowledge, codes, Licensed Marks, applications, technology, computer programs, databases, copyrights, licenses, franchises, formulae, designs and other Confidential Information developed and/or owned and/or controlled and/or lawfully licensed by each Party and includes PPBL Licensed Marks, University Licensed Marks and Card Associations Licensed Marks.
    • “Licensed Marks” shall means PPBL Licensed Marks, University Licensed Marks and Card Licensed Marks.
    • “PPBL Licensed Marks” shall mean all the trade-names, logos, trademarks and copyrights as lawfully owned or licensed by PPBL.
    • “Regulatory/Legal Authority” shall include RBI, NPCI, any authority or private body exercising powers conferred by Applicable Law and any court, tribunal or other judicial or quasi-judicial body, and shall include, without limitation, a stock exchange and any regulatory body.
    • “University Licensed Marks” shall mean all the trade-names, logos, trademarks and copyrights as lawfully owned or licensed by the University.
    • “Term” shall refer to the tenure/period as set out of the Agreement.
    • "Working Day" shall mean any day on which PPBL is open for business at New Delhi, India (other than Saturday and Sunday and any days declared as public holiday as per the provisions of the Negotiable Instruments Act 1881).
  • Issuance of Co-Branded Debit cum Access Card
    • During the Term, PPBL shall provide Co-Branded Card Partner Card Holder with the Account and the linked Co-Branded Debit cum Access Card upon their application made to PPBL in this regard and upon their satisfying PPBL’s Account opening and maintenance eligibility criteria.
    • The Co-Branded Card Partner shall ensure that the Co-Branded Card Partner Card Holder is also provided with the option of opting only for the Access Card and that the Co-Branded cum Access Card is not pitched as a mandatory offering to the University Card Holders.
    • Nothing herein prohibits PPBL from closing any Account and the linked Co-Branded Debit cum Access Card in accordance with its standard deposit account procedures.
    • The Co-Branded Card Partner understands that certain Co-Branded Card Partner Card Holder may not be eligible for the Account and/or Co-Branded Debit cum Access Card due to prior negative banking history or other account opening requirements as PPBL may stipulate from time to time in accordance with Applicable Law or its internal policies. The opening of the Accounts and/or the grant of the Co-Branded Debit cum Access Card shall be at the sole discretion of PPBL alone and the Co-Branded Card Partner shall not question the same in any manner whatsoever.
    • The Account and the Co-Branded Debit cum Access Card shall be subject to the same terms and conditions that are applicable to the accounts of PPBL’s other customers of the same class, as amended by PPBL from time to time.
    • The Co-Branded Card Partner acknowledges that PPBL reviews and revises the terms, conditions, and pricing generally applicable to its deposit accounts from time to time, and agrees that nothing in this Agreement prohibits PPBL from making the same changes in respect of the Accounts as well.
    • PPBL and Co-Branded Card Partner shall mutually agree upon the communication methods through which the Co-Branded Card Partner shall sensitise or inform the Card Holders about the Co-Branded Debit cum Access Card program and marketing the same.
    • The Accounts may be opened by PPBL for the Card Holders using its personnel and/or authorised representatives across its various campuses/offices/business locations so identified by the Co-Branded Card Partner from time to time.
    • Both Parties shall determine the times, places and manner on the Co-Branded Card Partners’ premises campuses/offices/business locations, such Accounts may be solicited or opened. PPBL shall make its personnel and/or authorised representatives available as mutually agreed to by the Parties, at dates, times and places to be agreed upon by the Parties, for the purpose of accepting Account applications from the prospective Card Holders.
  • Rights and Obligations of Co-Branded Card Partner
    • The Co-Branded Card Partner shall not to describe itself as agent or representative of PPBL, not to pledge the credit of PPBL in any way and not to make any representations to the Card Holder or any third party or to give warranties which may require PPBL to undertake to or be liable for, directly or indirectly, any obligation and/or responsibility to the Card Holder or any third party.
    • The Co-Branded Card Partner shall not at any time require the Card Holder to provide them with any details of the Accounts maintained by them with PPBL including the password, account number, customer id that may be assigned to the Card Holder by PPBL.
    • The Co-Branded Card Partner shall abide by all regulations/guidelines of their Regulatory authorities for providing such services and PPBL shall not be made liable for the non-compliance of these regulations/guidelines, if any, by the Co-Branded Card Partner.
    • The Co-Branded Card Partner in good faith shall assist the Card Holder in getting their queries raised by them or through PPBL resolved through them pertaining to the Card Holder order.
    • The Co-Branded Card Partner shall work with PPBL to promote usage of services contemplated under the Co-Branded Debit Card Program.
    • The Co-Branded Card Partner shall be solely responsible for the accuracy of all information being provided to the Card Holder under the Co-Branded Debit Card Program and/or of all the information being provided to PPBL for issuance of the Cards.
    • Co-Branded Card Partner shall forthwith upon a request from PPBL from time to time furnish true, accurate, and complete details, copies of documents (whether or not in electronic form) or information relating to the services provided by the Co-Branded Card Partner and such other information as PPBL may require and to co-operate with all the requirements of the Reserve Bank of India or any other competent law enforcement agency.
    • In order to achieve timely issuance of the Co-Branded Debit cum Access Card to the Card Holders from time to time, Co-Branded Card Partner shall cooperate with PPBL to market the Co-Branded Debit cum Access Card on mutually agreed terms from time to time.
    • Co-Branded Card Partner agrees and understands that in the event of any Intellectual Property infringement claim received from any third party with regard to usage of the Co-Branded Card Partner Licensed Marks, PPBL at its sole discretion may forthwith discontinue or stop the issuance of the Co-Branded Debit cum Access Card containing the infringing Co-Branded Card Partner Licensed Marks.
    • In case of any default in providing services under this Agreement, the Co-Branded Card Partner shall conduct a Root Cause Analysis (RCA) of the situation due to which the Co-Branded Card Partner was prevented from providing the services. The RCA report shall be provided to PPBL within 7 Business Days from the date when the Co-Branded Card Partner is unable to provide the service.
    • Co-Branded Card Partner shall not sub-contract in any manner any of the activities undertaken by it in terms of the Agreement. If in case the Co-Branded Card Partner sub-contracts any activity, then the Co-Branded Card Partner shall obtain prior written consent of PPBL.
    • PPBL shall not be responsible in any manner whatsoever for any consequences/liabilities arising out of the Card Holder’s misuse or abuse or misrepresentation or any fraud using the Co-Branded Debit cum Access Card.
    • Co-Branded Card Partner shall maintain all registers, books and records as may be specified by PPBL in the format and manner specified by PPBL from time to time.
    • Co-Branded Card Partner shall ensure that all the necessary approvals from the Card Holders are in place prior to sharing any of their Confidential Information to PPBL for issuance of the Cards and that theCo-Branded Card Partner alone shall be responsible for all the consequences of non-adherence to this condition. PPBL reserves the right to call for such information/documents from the Co-Branded Card Partner evidencing the same.
    • The costs of all the marketing activities being undertaken by theCo-Branded Card Partner shall be solely borne by theCo-Branded Card Partner itself and that PPBL undertakes no financial commitment for such activities.
    • Co-Branded Card Partner shall provide timely and sufficient access to its various office spaces/campuses/business locations and further provide space to PPBL therein, for the purpose of setting-up of kiosks/necessary infrastructure by PPBL and/or their authorized representatives for the purposes of opening of the Accounts and/or issuance of Co-Branded Debit cum Access Card to the Card Holders.
    • Co-Branded Card Partner shall be responsible for sharing the correct and timely data pertaining to the Card Holder and/or Co-Branded Card Partner Licensed Marks for printing and/or of the Co-Branded Debit cum Access Card.
    • Co-Branded Card Partner shall coordinate in a timely manner between Card Holder and PPBL in case of loss of card / reissue of the Co-Branded Debit cum Access Card i.e. reissue request should be raised by the Card Holder to the Co-Branded Card Partner and the Co-Branded Card Partner to PPBL. Co-Branded Card Partner shall be solely liable for all consequence arising out of the breach of this rule.
    • The Co-Branded Card Partner alone shall be responsible for all liabilities at all times arising out of theCo-Branded Card Partner Card Holder’s usage of the card as an “Access Card” or if the Card is also being used for any other purposes.
    • The Co-Branded Card Partner shall ensure that prior to cessation of the relationship between the Co-Branded Card Partner and the Card Holder. The Co-Branded Debit cum Access Card is duly blocked by the Card Holder. The Co-Branded Card Partner alone shall be liable for any act done by theCo-Branded Card Partner Card Holder and/or any resultant consequences that is attributable to the violation of this rule.