Muse Pay Terms of Services and Conditions for Muse Products and Services (“Terms”). The “Muse Product and Service” include our devices, including associated firmware, applications, software, websites, products, payments and services. Muse is owned and operated by Conzumex Industries private limited

These Terms are an legal agreement between you and Conzumex Industries Pvt Ltd and Indian company with its registered office at N0.3, A2, 3rd Floor, IITMIC, IITM Research Park, Kanagam Road, Taramani, Chennai, TN 600113, IN. When the term mention “Muse”, “Muse Pay”, “we”, “us”, “our”, they refer to the party to your agreement that provides you with the Muse Product and Service.

To create a Muse Account and to get access or use the Muse Product and Service you must accept these Terms. Even if you have not created an account but are using a Muse Product and Service you have to accept these Terms. If You cannot accept these Terms, you should not be using the Muse Product and Service.

As a user of the Muse Product and Service, You acknowledge and guarantee:

• That you have obtained and read a copy Muse Terms and Conditions, and
• To be in possession of Muse Terms of Services and Conditions on a durable media for example by printing them. Durable media means any instrument which enables you to store information addressed personally to you in a way accessible for future reference for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the information stored; and,
• To be of age as required or authorized under the laws of your country of residence to commit to the Terms.
• Agreeing to the Terms also include agreeing to other terms of use or policies linked into this agreement and available on the Muse website https://musewearables.com as amended from time to time.  

It is understood and agreed between the parties that Muse shall have the right, in any case, to modify all or part of these Terms, to reflect changes to the law or any applicable regulation or modification to our Muse Product and Service, or any event which is deemed sufficient by Muse to make such revisions. Any new Terms will not apply retroactively but replaces and supersedes the previous Terms. As such we advise you to frequently check on Muse Terms of Services and Conditions to view the changes and save each version on durable media.

 

Our Privacy Policy 

You can find information about our data practices in our Privacy Policy statement and Cookie Use statement. By accessing or using the Muse Product and Service, You agree that we can collect and use your information in accordance with our Privacy Policy.

 

You can find information about the card detail, limits and fees and other information in our Cardholder Terms and Conditions. By agreeing to the Muse Terms and Conditions, You agree that you have read and accepted the Muse Prepaid Card Terms and Conditions.

 

Muse is a payment solution which facilitates payments through it ‘s products Muse Prepaid MasterCard “Virtual” and Muse contact less payment watch and acts as such by creating, hosting, maintaining and providing Services to you via the Internet.

 

Muse provides its Services to customers through MusePay mobile payments application (“MusePay App”), which acts as a container for the prepaid payment instrument. Muse facilitates payments and services in connection with online transactions for products or services concluded on and through any third party merchant app, website, POS terminals, physical store or any individual both within and outside the Muse network.

 

By using the Services, you acknowledge and agree that Muse is not a bank and the Services should in no way be construed as the provision of banking services.

Muse Pay services are currently available for users with phone numbers of countries that are members of the European Economic Area and India, a smartphone.

 

In order to use the full spectrum of Muse Services, You need to register on the MusePay App and provide Us with accurate and complete information. You are also required to keep your accounts and contact information complete and updated at all times. Any account found to contain incorrect and/or outdated information will be suspended.

 

You shall be able to register by creating a MusePay account at MusePay App and activating your MusePaycard by providing the required details, authorizing yourself by an OTP verification, email verification, providing basic details and KYC details and agreeing to the Muse Terms & Conditions.

 

"KYC" stands for Know your Customer and refers to the various norms, rules, laws and statutes issued by the relevant authority of your country from time to time under which Muse Pay is required to procure personal identification details from you before any services can be delivered. Know your Customer (KYC) documents may be asked from you at the time of activation and/ or on a later date, for availing and / or continuation of Muse Pay services.

 

Kindly note that you should only provide valid KYC documents accepted in your country for the purpose of verification and creation of your account. In the event the beneficiary/KYC details provided are found to be incorrect/ insufficient, Muse retains the right to cancel your account. 

 

You also acknowledge that the KYC will be valid for any financial products, services offered by Muse or its partners. You consent to Muse sharing the KYC information with any partners for the purpose of the financial offerings

 

You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access to Your Account

 

We shall ensure that all your confidential data pertaining to money transactions, bank account details and all other sensitive personal information are protected and kept confidential by employing the best available protection standards elaborated in our Privacy Policy.

 

Your Account is not transferable. You also confirm that you are not a politically exposed person 

 

 

Mobile Number 
Upon downloading the Muse App, You have to enter the one time password sent to your mobile number, which allows Muse to verify Your mobile number and register Your device details against Your Muse account. This is a mandatory security step, and You accept that Muse has the sole right to not allow you to use Your Muse Pay app without the completion of this step. 

It is Your responsibility to provide Your correct mobile number so that We can communicate with You via SMS. You understand and agree that if We send you an SMS but You do not receive it because Your mobile number on file is incorrect or out of date, blocked by your service provider, or you are otherwise unable to receive SMS, We shall be deemed to have provided the communication to You effectively. Please note that if You use a spam filter that blocks or re-routes SMS's from senders not listed in Your contacts, you must ensure that Muse SMS's are marked as trusted as 'not-spam', so that you will be able to view the Communications we send to you. 

Email Address 
It is Your responsibility to keep Your primary email address up to date so that We can communicate with You electronically. You understand and agree that if We send you an electronic communication but You do not receive it because Your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, We shall be deemed to have provided the communication to You effectively. Please note that if You use a spam filter that blocks or re-routes emails from senders not listed in Your email address book, you must add Muse to your email address book so that you will be able to view the Communications we send to you. 

You can update your primary email address at any time by logging into the Muse Pay App. If Your email address becomes invalid such that electronic communications sent to you by Us is returned, We may deem your account to be inactive, and You will not be able to transact any activity using your Muse Account until We receive a valid, working primary email address from you. 

Device Information 
The device (smartphone) on which You download Muse Pay App and use during registration, shall become Your registered device and it's details shall be stored by us.

Any Other information 
We may ask for and store additional information to either extend more Services or even as additional requirement for continuing the existing Services or sub-services

 

Persons under the age of 18, or any higher minimum age in the jurisdiction where that person resides, are not permitted to access or use the Muse Product and Service unless their parent has consented in accordance with applicable law. Additionally, you cannot access or use the Muse Product and Service if you are barred from receiving services under applicable law or have previously been suspended or removed from the Muse Product and Service.

You may only connect to the Muse Product and Service using (i) a device that is manufactured, distributed, or sold by Muse itself or through its authorized resellers or agents; (ii) our mobile applications and software, or approved third-party applications, software, or devices; or (iii) our websites (“Authorized Connections”). You may not connect to the Muse Product and Service with any device that is not manufactured, distributed, or sold by Muse itself or through its authorized resellers or agents (such as a knock off or counterfeit version of a Muse device); otherwise intends to resemble or purports to be a Muse device; or any unauthorized application or third-party connection. Any violation or attempted violation of this provision may result in the immediate termination of your ability to access the Muse Product and Service.

 

User Responsibilities 

• You must be the beneficial owner of the Account, and use only on behalf of yourself.

• A set of username and password is unique to Your use of the Service and You shall not share, assign or permit the use of Your username and password to any other persons. You acknowledge that sharing of Your username and password with other persons (collectively, "multiple use") may cause irreparable harm to Muse. You shall indemnify Muse against any loss or damage suffered by Muse as a result of such multiple use. You undertake to notify Muse immediately of any unauthorized use of your username or password or any other breach of security. You agree that Muse shall not be liable for any loss or damage arising from your failure to comply with this section

• You shall be solely responsible for:

• maintaining the confidentiality of Your MusePay username and password
• maintaining the confidentiality of Your Card details (number, security code, cvv) and OTP messages
• maintaining the confidentiality of any credentials or/and information using which, one can impersonate you
• all transactions and activities that occur under your username and password
• all consequences of use or misuse of your username and password
• never sharing any of the above credentials with anyone including anyone claiming-from or from bank, Muse Pay etc. 

• You must ensure the availability of sufficient funds before executing any transaction from your Account 

• If you have submitted KYC documents to us, You shall intimate us about change in your address, if any, in writing along with such proof of address as per the KYC documents.

• When you receive your Personal Identification Number (PIN), you must keep it safe and secure; you must keep it secret at all times. You should memorize the PIN, destroying the notification, and never disclose the PIN or security information to anyone. If you suspect that someone else knows your PIN, you should change it as soon as possible. To change your PIN, please contact us at support@musewearables.com.

• We recommend that you check the balance on your Muse Product(s) regularly online at the Muse Pay App. We will provide you with your balance and a statement of recent transactions on our app at any time

Muse Pay account can be loaded or topped- up using Bank transfer. You will be provided with an unique account number to which you debit the amount to be used via your Muse card or device. For the Fees and limits associated, check the Fees and Limits on our website.

 

Muse Prepaid Card and Muse contact less payment watch

 

You can use your virtual Muse Prepaid card to make purchases online on any website, app etc.

You can use your Muse device at any POS terminal that accepts MasterCard contact less payments. Check out the fees and limits on our website for the applicable charges when using Muse card or device.

Your Muse card or device are valid for limited time with the maximum being 3 years. After which you need to renew your account for the continued use of services. For further details you can refer to the Help section in the App.

 

Membership is free for users. Muse does not charge its users any fees for creating an account. Muse Pay services are free for the first year of the services and will be charged a fee of £5 from the second year onward's.

 

• You shall promptly inform us for any unauthorized usage of your account, lost/stolen/misplaced/ device or account details, and any other circumstances which may lead to unauthorized usage of your account. The responsibility of any transaction prior to intimation, will solely be on the registered User.
• You agree and understand that when you acquire goods or any other services from a Merchant platform through Muse Product(s), we are not a party to the contract between you and the Merchant. We do not endorse any advertiser or Merchant linked to its website or app. Furthermore, we are under no obligation to monitor the Merchant's service used by you; the Merchant alone will be responsible for all obligations under the contract including (without limitation) warranties or guarantees. Any dispute with or complaint against any Merchant must be directly resolved by the User with the Merchant. It is clarified that We shall not be responsible or liable for any deficiency in goods and/or services purchased using MuseProduct(s). You are instructed to satisfy yourself regarding the quality, quantity and fitness of any good and/or service before purchasing the same.

• Any web-link on the website to a third party site is not an endorsement of that web-link. By using or browsing any such other web-link, you shall be subject to the terms and conditions in each such web-link. 

• In the event of any dispute, Muse records shall be binding as the conclusive evidence of the transactions carried out through use of MuseProduct(s).

• Muse shall send all customer communications by SMS and/or email and they shall be deemed to have been received by You after they have been submitted for delivery to the SMS/email service providers.

• You agree to receive all commercial message including transactional messages from Muse.

• You will use the Services in good faith and in compliance with all applicable laws and regulations.

• The information and material you provide in connection with the use of the Services is true, lawful and accurate, and is not false, misleading or deceptive.

• You should be solely responsible for payment of any taxes, duties or other governmental levies or any financial charges that may be imposed on any products or services purchased or supplied through the Services or otherwise arising from online transactions.

• You shall not use Muse Product(s) or Services for any purpose that might be construed as contrary or repugnant to any applicable law, regulation, guideline, judicial dicta, Terms of Use or for any purpose that might negatively prejudice the goodwill of Muse.

 

You shall not:

• Use the Services to defraud Muse, our affiliates or other members or users, or engage in other unlawful activities (including without limitation dealing in products or services prohibited by law).
• Impersonate any person or entity, falsely claim or otherwise misrepresent an affiliation with any person or entity, or access the accounts of others without permission, forge another persons digital signatures or perform any other fraudulent activity.
• Post or transmit any message, image or data which is pornographic in nature.
• Purchase anything (products or services) using fraudulent funds
• Use the Services in a manner that may result in complaints, disputes, imposition of fines, penalties, charge backs or any other liability to Muse.
• Use Muse services for money laundering, tax evasion or any other illegal activities. 

Consent to Electronic Communications and Transactions 

By registering with Us, you consent to conduct transactions and receive communications, notices and information from us electronically, whether sent by e-mail or other electronic means. Electronic communications shall be deemed to have been received by you when We send the electronic communication to the email address/mobile number that as per our records, or when We post the electronic communication on the website. The requirements for such electronic transactions and communications following: you must have access to the Internet, mobile web, applications and a valid e-mail address. You can withdraw your consent at any time by contacting Us, but We reserve the right to terminate your Account upon such withdrawal. Withdrawal of your consent will not affect the legal validity and enforce ability of any notice, statement or disclosure previously received electronically. You agree to notify us promptly if your email address, phone number or other contact information changes by updating your account information or contacting us. 

 

Muse strongly condemns and prohibits money laundering and any activity that facilitates money laundering or financing of terrorist or criminal activities. At Muse the directors, officers, employees and any other individuals or organisations associated with Muse are supposed to adhere to the applicable law.

  

 

Unauthorized Transactions 
An unauthorized transaction occurs when a payment is made from your account that you did not authorize. For example, if someone makes a transaction from your account using a stolen password, an unauthorized transaction has occurred. If you provide access to your account to a third party and they conduct transactions without your knowledge or permission, you are responsible for any resultant use. The liability of any misuse is solely Yours, until you report the issue to Muse.

 

In the event of an unauthorized transaction in your account, you should immediately notify Muse if you believe:

• there has been an Unauthorized Transaction or unauthorized access to your account;
• there is an error in your account history statement (you can access your account history statement by logging into your app and go to all transactions section;
• your Muse Pay username and password and/or Muse card PIN has been compromised;
• your device with the Muse App has been lost, stolen or deactivated;
• your Muse contact less payment device has been lost, stolen or deactivated

 

For unauthorized transactions or errors in your Account, notify us by sending an email to support@musewearables.com

 

User Errors 
If you erroneously made a payment to the wrong party, or made a payment for the wrong amount (for instance a typographical error at your end) your only recourse will be to contact the party to whom you have sent the payment and ask them to refund the amount. Muse will not reimburse you or reverse a payment that you have erroneously made.

 

You agree to indemnify and hold Muse, its affiliates, employees, directors, officers, agents and representatives and to hold them harmless, from any and all losses, damages, actions, claims and liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, from your use or misuse of the Services or from your breach of the Terms of use of the Services. Muse reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Muse including right to settle, and you agree to co-operate with Musedefense and settlement of these claims. Muse shall use reasonable efforts to notify You of any claim, action or proceeding brought by a third party that is subject to the aforesaid indemnification.

We will send notice of any change to You that involves an increase in fees or liability for You ("Material Change"), to the registered email address, and that Material Change will be effective 15 days from the earlier of posting it to our Website or otherwise communicating it to You. You will be deemed to accept any Material Change if you use the Website or Services after the 15-day notice period. We may make Material Changes without prior notice if immediate changes are necessary for security reasons. 

Intellectual Property Rights

Intellectual Property Rights for the purpose of this Terms of Use shall always mean and include copyrights whether registered or not, patents including rights of filing patents, trademarks, trade names, trade dresses, house marks, collective marks, associate marks and the right to register them, designs both industrial and layout, geographical indicators, moral rights, broadcasting rights, displaying rights, distribution rights, selling rights, abridged rights, translating rights, reproducing rights, performing rights, communicating rights, adapting rights, circulating rights, protected rights, joint rights, reciprocating rights, infringement rights. All those Intellectual Property rights arising as a result of domain names, internet or any other right available under applicable law shall vest in the domain of Muse as the owner of such domain name. The Parties hereto agree and confirm that no part of any Intellectual Property rights mentioned here in above is transferred in the name of User and any intellectual property rights arising as a result of these presents shall also be in the absolute ownership, possession and Our control or control of its licencors, as the case may be.

All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Website is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other platform or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.

 

We will not be liable for any loss arising from:

• Any cause which results from abnormal or unforeseen circumstances beyond our control, consequences which would have been unavoidable Despite all our efforts to the contrary; or
• A retailer refusing to accept your Muse Product(s); or
• Our compliance with legal and regulatory requirements; or
• Loss or corruption of data unless caused by our willful default.

We are also not liable for:

• Business interruption, loss of revenue, goodwill, opportunity or anticipated savings;
• Any indirect or consequential loss.
• For the goods or services that are purchased with your products
• Where you or an additional cardholder or ring holder acted:

1. With undue delay;
2. Fraudulently; or
3. With gross negligence.

Dispute Resolution 
If any dispute or difference of any kind whatsoever shall arise between the parties in connection with or arising out of the us of the Services (whether before or after the termination or breach of this Agreement) the concerned representatives of the parties shall promptly and in good faith negotiate with a view to an amicable resolution and settlement of the dispute. 

In the event no amicable resolution or settlement is reached within a period of thirty (30) days, such dispute or difference shall be referred to a mutually acceptance single arbitrator or, upon the failure of the parties to agree upon a single arbitrator, within a period of ten (10) days, each party shall appoint one arbitrator each and the two appointed arbitrators shall appoint the third arbitrator who shall act as the presiding arbitrator under the provisions of the Indian Arbitration and Conciliation Act, 1996. The arbitration proceedings shall be held at Bangalore. 

The existence of any dispute or difference or the initiation or continuance of the arbitration proceedings shall not postpone or delay the performance by the parties of their respective obligations under this Agreement. It is agreed that the arbitrators shall also determine and make an award as to the costs of the arbitration proceedings. Notwithstanding anything contained herein, the parties shall have a right to institute legal proceedings to prevent any continuing breach and to seek an injunctive or any other specific relief. 

Jurisdiction 
Subject to the above clause, the Courts of Bangalore, Karnataka, alone shall have the jurisdiction to try and adjudicate all suits, legal proceedings, etc. arising out of this Agreement. 

Governing Law 
This Agreement and the rights and obligations thereunder and the relations of the parties and all matters arising under or in connection with this Agreement, including the construction, validity, performance or termination thereunder, shall be governed by and construed in accordance with the laws of the Republic of India.

• You agree that all risks arising from online transactions will be borne by you.
• Muse and third party partners make no warranty, express or implied regarding the quality of Services including but not limited to: i) the Services will meet your requirements; II) the Services will be uninterrupted, timely or error free; or III) any products, information or material obtained by You in connection with the services will meet Your requirements.
• Except as expressly provided herein and to the full extent permitted by law, the Services are provided "as is", "as available" and "with all faults". All such warranties, representations, conditions, undertakings and terms, whether express or implied, are hereby excluded. It is Your responsibility to evaluate the accuracy, completeness and usefulness of the Services and other information provided by Muse or generally available. We do not authorize anyone to make any warranty on our behalf and You should not rely on any such statement.
• In no event will Muse be liable for any indirect, consequential, incidental, special or punitive damages, including without limitation damages for loss of business opportunities, loss of data or loss of other economic interests, whether in contract, negligence, tort or otherwise, arising from the use of or inability to use the Services, however caused and whether arising in contract, tort, negligence, warranty or otherwise.
• If you have a dispute with other parties, you release Muse (and our affiliates and officers, directors, agents, and employees thereof) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. 

Contact Us 

If you have any questions about this agreement,please contact us at support@musewearables.com