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Terms of Service

FOMO — operated by Pal Consultancy Services
Effective Date: June 11, 2025 | Last Updated: June 11, 2025

These Terms of Service ("Terms") constitute a legally binding agreement between you and Pal Consultancy Services ("Company", "we", "us"), governing your use of the FOMO platform at payfomo.in and all related services. By accessing or using the platform, you confirm that you have read, understood, and agree to be bound by these Terms.

If you do not agree to these Terms, please do not use the FOMO platform.

1. Eligibility

  • You must be at least 18 years of age
  • You must be a resident of India with a valid Indian mobile number
  • You must not be prohibited from using the platform under applicable Indian law
  • Merchants must hold valid GSTIN and applicable licenses (FSSAI for food businesses)
  • Influencer creators must accurately represent their audience size and engagement

2. The FOMO Platform — What It Is and What It Is Not

2.1 What FOMO Does

  • Connects users with partner restaurants, cafes, gamezones, escape rooms, and entertainment venues
  • Facilitates payments at partner venues via QR code or in-app checkout with automatic discount application
  • Maintains a virtual ledger of discount credits, cashback rewards, and FOMO loyalty points
  • Enables prebooking of tables, gaming slots, and event spaces
  • Enables preordering of food and beverages before arrival at a venue
  • Operates a creator affiliate programme where influencers earn commission on transactions from their promo codes
  • Provides a bill-splitting feature for groups at partner venues
  • Provides merchant analytics dashboards to partner venues

2.2 What FOMO Is Not

FOMO is a technology platform — not a payment bank, wallet issuer, or Prepaid Payment Instrument (PPI) operator. We do not hold user funds. We do not issue stored-value instruments. All payment processing and fund settlement is handled exclusively by Paytm Payment Gateway, a licensed payment institution.

FOMO does not require a PPI license as it does not issue prepaid instruments or hold user funds. The virtual ledger maintained by FOMO reflects discount credits and loyalty rewards only — not user-deposited monetary value.

2.3 Pass-Through Payment Model

  • All payments are processed in real time by Paytm PG at the point of transaction
  • Funds are settled directly by Paytm PG to partner merchant bank accounts
  • FOMO receives only its platform service fee via the split settlement mechanism in Paytm PG
  • No user funds pass through or are held by FOMO at any point

2.4 Discount Structure

Partner venues provide a discount on transactions processed through FOMO. The standard user discount is 10% unless otherwise stated. FOMO retains a platform service fee from the total discount provided by the venue. Discounts are applied automatically at payment and cannot be combined with other promotions unless explicitly stated.

3. Account Registration and Security

  • Provide accurate, current, and complete information during registration
  • Maintain the confidentiality of your OTP and account credentials
  • You are responsible for all activity that occurs under your account
  • Notify us immediately at legal@payfomo.in if you suspect unauthorised access
  • We may suspend or terminate accounts with false or misleading information
  • You may not create more than one account per mobile number

4. Virtual Ledger, FOMO Balance, and Points

4.1 Nature of FOMO Balance

  • The FOMO Balance displayed in the app is a virtual ledger entry representing accumulated discount credits, cashback from promotions, and referral rewards. It is not a stored monetary value and does not constitute a prepaid payment instrument.
  • FOMO Balance cannot be withdrawn to a bank account or UPI ID
  • FOMO Balance cannot be transferred to another user's account
  • FOMO Balance cannot be converted to INR or any currency
  • FOMO Balance is redeemable only as a discount on future transactions at partner venues on the platform
  • FOMO Balance has no cash equivalent or monetary value outside the FOMO platform

4.2 FOMO Points

  • Points are earned on eligible transactions at partner venues as specified in the app
  • Points have no cash value and cannot be sold, transferred, or exchanged for money
  • Points can be redeemed for discounts, free items, or rewards as specified in the app
  • Points expire 12 months from the date of earning if not redeemed
  • We reserve the right to modify the points programme with 30 days notice
  • Fraudulent use of the points programme results in immediate account suspension and forfeiture of all points

4.3 Cashback and Referral Credits

  • Cashback credits are promotional benefits credited to your virtual ledger — not real money
  • Referral rewards are credited as FOMO Balance upon successful referral verification
  • Cashback and referral credits are non-transferable, non-withdrawable, and non-refundable
  • We reserve the right to modify, suspend, or discontinue cashback programmes at any time

5. Payments and Transactions

5.1 Payment Processing

All payments are processed by Paytm PG. By making a payment through FOMO, you agree to Paytm PG's terms and conditions in addition to these Terms.

5.2 Transaction Finality

Once a payment is confirmed at a partner venue, the transaction is final subject to our Refund Policy. Discounts are calculated at the time of payment and cannot be retroactively applied.

5.3 Failed Transactions

  • If your payment fails but your bank account is debited, the amount will be automatically reversed by Paytm PG within 5 to 7 working days
  • FOMO is not responsible for delays in bank-side reversals beyond our control
  • Contact support@payfomo.in with your transaction ID if a reversal is not received within 7 working days

5.4 Disputed Transactions

Contact legal@payfomo.in immediately if you believe a transaction was made without your authorisation. FOMO will cooperate with Paytm PG to investigate. FOMO is not liable for unauthorised transactions resulting from your failure to protect your account credentials.

6. Prebooking and Preorder Terms

  • Prebookings and preorders are confirmed only upon successful payment through Paytm PG
  • Cancellation policies as described in our Refund Policy apply
  • FOMO is a technology facilitator for bookings — we are not responsible for venue capacity, availability, or service quality
  • Partner venues are required to honour confirmed FOMO bookings. Non-fulfilment by a venue may result in delisting
  • Users must arrive within 15 minutes of the booked time. Venues may release the reservation after this window

7. Influencer Creator Programme

If you participate in the FOMO Creator Programme, the following additional terms apply in full:

7.1 Eligibility and Onboarding

  • You must accurately represent your follower count, engagement metrics, and content category at application
  • FOMO reserves the right to verify your social media accounts and reject applications at its sole discretion
  • You must provide a valid PAN card for TDS compliance. Commission payouts will not be processed without PAN
  • You must provide a valid bank account, Paytm wallet ID, or UPI ID for payout receipt

7.2 Promo Codes and Commission Earning

  • Each creator receives a unique, non-transferable promo code upon programme approval
  • Commission is earned when a user transacts at a partner venue using your promo code
  • Commission rates are as communicated in your creator programme agreement and may vary by venue or campaign
  • Commission is calculated on net confirmed transactions after cancellations, refunds, and disputes are resolved
  • FOMO reserves the right to withhold commission on transactions that are later reversed or identified as fraudulent

7.3 Creator Earnings Portal

  • Your creator dashboard displays pending earnings, confirmed earnings, and payout history
  • The balance displayed is an accounting figure representing amounts owed by FOMO to you from platform service fee revenue
  • This balance is not held in a prepaid payment instrument and has no monetary value until paid out
  • Earnings are confirmed after the transaction's cancellation/refund window has expired

7.4 Payouts

  • Commission payouts are processed via Paytm Payouts to your registered Paytm wallet, UPI ID, or bank account
  • Payouts are made within 15 working days of the end of each calendar month for all earnings confirmed in that month
  • TDS will be deducted as applicable under Section 194H or Section 194J of the Income Tax Act on payouts above ₹50,000 per financial year
  • Form 16A will be issued annually for all TDS deducted
  • You are responsible for all tax obligations on your creator earnings beyond TDS
  • Minimum payout threshold is ₹500. Earnings below this threshold are carried forward to the next payout cycle

7.5 Creator Conduct

  • You must not use deceptive, misleading, or spam tactics to drive promo code usage
  • You must clearly disclose your FOMO affiliation in all promotional content as required by ASCI guidelines
  • You must not make false claims about discounts, venues, or FOMO services in your content
  • FOMO may terminate your creator account and forfeit pending earnings for material violation of these terms

8. Merchant Partner Terms

8.1 Onboarding Obligations

  • Accurately represent your business, services, prices, and availability on the platform
  • Provide valid GSTIN, FSSAI license (for food businesses), and bank account for settlement
  • Submit to physical Contact Point Verification before QR code or checkout activation
  • Execute the merchant agreement with Pal Consultancy Services before going live

8.2 Operational Obligations

  • Honour the agreed discount for all transactions processed through FOMO without exception
  • Maintain the FOMO QR code or payment integration in working condition at all times
  • Not refuse FOMO payments from eligible users without a valid documented reason
  • Honour all confirmed prebookings and preorders made through the FOMO platform
  • Notify FOMO at least 7 days in advance of any closure, relocation, or change in operating hours

8.3 Settlement

  • FOMO's platform service fee is deducted at source via Paytm PG split settlement
  • Net settlement is transferred to your registered bank account as per the settlement cycle agreed with Paytm PG
  • Disputed or reversed transactions may result in settlement adjustments in subsequent cycles
  • FOMO is not liable for delays in settlement caused by Paytm PG or your bank

8.4 Analytics Dashboard

  • Merchant analytics dashboards are provided as a value-added service and may be updated or discontinued at any time
  • Analytics data is based on transactions processed through FOMO and may not represent your total business volume
  • You must not share dashboard access credentials with third parties

9. Prohibited Conduct

  • Use the platform for any unlawful purpose or in violation of applicable Indian law
  • Attempt to gain unauthorised access to any part of the platform or other users' accounts
  • Use automated scripts, bots, or scrapers to interact with the platform
  • Create fake accounts, fake reviews, or misrepresent your identity
  • Abuse the discount, points, cashback, or referral systems through fraudulent transactions
  • Use someone else's promo code while being the registered creator of that code
  • Create circular transactions designed to generate artificial creator commissions
  • Harass, threaten, or intimidate partner venue staff, creators, or other users
  • Post false, misleading, or defamatory reviews of partner venues
  • Resell, sublicense, or commercially exploit any part of the platform without written consent

10. Intellectual Property

All content on the FOMO platform including the name, logo, tagline, app design, and interface elements are the exclusive property of Pal Consultancy Services. You may not reproduce, distribute, or create derivative works without our written consent. By submitting reviews or ratings you grant FOMO a non-exclusive, royalty-free, perpetual licence to display such content on the platform.

11. Influencer Content and FOMO Brand

  • Creator content featuring the FOMO brand must be accurate and not misleading
  • Creators must not use FOMO's logo, name, or brand assets in any way that implies official endorsement beyond the creator programme
  • FOMO may request removal of creator content that violates brand guidelines or contains inaccuracies
  • Creators retain ownership of their content but grant FOMO a licence to share or feature it in platform marketing materials

12. Disclaimer of Warranties

The FOMO platform is provided "as is" without warranties of any kind. We do not warrant uninterrupted, error-free, or always-available service. We are not responsible for the quality, safety, or availability of services at partner venues. We are not responsible for the content, accuracy, or actions of influencer creators.

13. Limitation of Liability

To the maximum extent permitted by Indian law, Pal Consultancy Services shall not be liable for any indirect, incidental, special, or consequential damages. Our total liability for any claim shall not exceed the amount you paid in the 30 days preceding the claim. We are not liable for losses arising from Paytm PG downtime, bank-side failures, or events beyond our reasonable control.

14. Indemnification

You agree to indemnify Pal Consultancy Services, its directors, employees, and partners from any claims, damages, or expenses arising from your violation of these Terms, misuse of the platform, false information provided during onboarding, or violation of any applicable Indian law.

15. Termination

15.1 Termination by FOMO

We may suspend or terminate your access at any time for violation of these Terms, fraudulent or abusive use, behaviour harming other users or partners, or inactivity exceeding 24 months.

15.2 Termination by You

You may close your account through app settings. Pending creator payouts at the time of account closure will be processed in the next regular payout cycle to your registered bank account.

15.3 Effect of Termination

  • Unused FOMO Balance (discount credits) expires immediately on account closure and is not refundable
  • Unredeemed FOMO points expire immediately on account closure
  • Confirmed pending creator earnings that have cleared the refund window will still be paid out
  • Merchant settlement obligations for confirmed transactions prior to termination remain valid

16. Governing Law and Dispute Resolution

These Terms are governed by the laws of India. Disputes will first be attempted to be resolved through good-faith negotiation within 30 days. Unresolved disputes will be referred to arbitration under the Arbitration and Conciliation Act 1996. Seat of arbitration: Ahmedabad, Gujarat, India. Language: English. Nothing prevents either party from seeking interim relief from courts in Ahmedabad.

17. Modifications to Terms

We may modify these Terms at any time. Material changes will be notified through the app with at least 15 days notice. Continued use after the effective date constitutes acceptance of the modified Terms.

18. Contact Information

  • Company: Pal Consultancy Services
  • Platform: FOMO at payfomo.in
  • General and legal: legal@payfomo.in
  • Support and refunds: support@payfomo.in
  • Grievance Officer: grievance@payfomo.in
  • Address: Ahmedabad, Gujarat, India
  • Support hours: Monday to Saturday, 10:00 AM to 6:00 PM IST