Terms and Conditions

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Terms and Conditions

This Terms of Use (“Terms”) form a binding contract between Gigs Media Private Limited (“Rupeezo”) and you. Rupeezo is a proprietary and technology platform at https://rupeezo.in/ and also over microsites created therefrom (jointly “the Rupeezo Platform”). Rupeezo Platform is a set of proprietary APIs, SDKs, tools, plugins, code, technology, content, and facilitates communication between customers and financial institutions registered with Rupeezo Platform (“financial institutions”). By accessing the Rupeezo Platform and/or by availing any of the services offered by Rupeezo and/or its associates you agree to the provisions of, you agree to the provisions of this Terms. If you do not agree with any of the provisions of these Terms, you must immediately cease your access of Rupeezo platform and not use our Services. By continuing to access and/or use of Rupeezo platform, or by using our Services, you confirm that you have read, understood and accepted each of the provisions of this Terms.

This Terms shall govern your use of Rupeezo Platform and the Services offered by Rupeezo. Supplemental terms may apply to specific Services, for example, arrangements for a specific occasion, movement or advancement, and such supplemental terms will be uncovered to you regarding the appropriate Service(s). Supplemental terms, if any, will be in addition to, and shall be deemed a part of, this Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over this Terms in the event of a conflict with respect to the applicable Services.

Rupeezo may, at its sole discretion, amend the Terms from time to time. Unless otherwise set out herein, amendments will be effective upon Rupeezo’s posting of such updated Terms or the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended. These Terms are to be read in conjunction with the Privacy Policy documents, the provisions of which are deemed to have been included herein by reference.

ELIGIBILITY

By accepting the provision of these Terms, you represent to Rupeezo that:

  1. You are a person ‘competent to contract’ under the Indian Contract Act, 1872 and are not disqualified by operation of law, order of a court or an executive authority, or by provisions of any contract to which you are bound, from accessing and using the Rupeezo Platform and from performing your obligations hereunder.
  2. You are not insolvent and bankrupt person.
  3. If you are an individual, you are at least 18 years old. If You are a non individual, you are duly authorized (by such non individual entity) to agree to this Terms.
  4. Notwithstanding aforementioned, you represent and warrant that you are capable of entering in to this Terms and performing the obligations set out hereunder.
  5. You must be citizen of India.
  6. No ‘bots’ or other automated tools or methods are used to access the Rupeezo Platform.

Rupeezo reserves the right to take suitable action in case this representation is found to have been incorrect.

ACCOUNT SET UP

The Rupeezo Platform allows you to create a user account. You may browse the Rupeezo Platform without creating a user account. However, some of the features of the Rupeezo Platform may be unavailable to you unless you create an account. You should not create more than one user account on the Rupeezo Platform. At the time of creating your user account, you will be required to submit certain information about yourself. It is recommended that you keep your account information current and to follow good password security practices to avoid misuse of your profile. You are solely responsible for the security of your account; you expressly agree to absolve Rupeezo of any responsibility and liability in this regard.

All information that you provide to us during the process of your registration and thereafter should be accurate and complete. Rupeezo is not responsible to verify the information that you provide. However, Rupeezo may require you to substantiate the information provided by you through supporting documents, without being obligated to do so.

You shall be solely responsible for maintaining the confidentiality of your user account and its access credentials. You shall notify Rupeezo immediately in writing of any unauthorised access of or through your user account or any other breach of security. Notwithstanding such notification, Rupeezo will not be liable for any loss that may be incurred by you as a result of unauthorised access.

Rupeezo may, at its sole discretion, curtail your access to the Rupeezo Platform without the need to assign a reason if:

  1. You are in breach of any provisions of these Terms;
  2. Rupeezo is unable to verify or authenticate any information provided by you; or
  3. Rupeezo has reason to believe that your actions may infringe on any third-party rights, breach any applicable law, or violate any order of a court or an executive authority.

Rupeezo reserves the right, at its sole discretion, to withhold, suspend or to terminate your access to the Rupeezo Platform without prior notice for any reasonable cause, including routine maintenance activity, breach of the provisions of this Terms by you, and audit and fraud detection activity.

If your access has been curtailed, withheld, suspended to terminated, then you shall not attempt to re- register yourself on the Rupeezo Platform or to use the Rupeezo Platform in any manner whatsoever. The remedies available to Rupeezo hereunder are without prejudice to its entitlements under the law, including the right to recover any amount due to be paid by you and to pursue such legal action as may be deemed necessary by Rupeezo.

SERVICES

The Rupeezo Platform enables you to avail short term credit facility from the financial institutions and acts as an intermediary which enables communications between you and the financial institutions. Under the Services offered by Rupeezo Platform, it will require you to submit information for you to make an application (“Credit Facility Application”) for short term credit facility (“Advance”) to a duly licensed entity registered with Rupeezo and use of such other functionalities of Rupeezo Platform as permitted by Rupeezo. Rupeezo Platform reserves the right to verify the accuracy and correctness of the information submitted by you.

Upon submission of the required information with the Rupeezo Platform, Rupeezo Platform may either accept or reject your Credit Facility Application. Such decision is based on the formats, methodologies, algorithms and other systems determined by Rupeezo Platform. It is hereby clarified that an acceptance of a Credit Facility Application does not guarantee disbursement of the Advance. For the avoidance of doubt, Rupeezo Platform is under no obligation whatsoever to reveal to you (including your nominees, heirs and successors) its assessment of your creditworthiness at any point in time. Rupeezo Platform may undertake evaluation of risk in relation to each Credit Facility Application submitted by you based on various factors including the amount of the Advance, the credit eligibility parameters and other requirements determined by Rupeezo Platform and set out/ suggested by the Financial Institutions.

Rupeezo Platform reserves the right to verify every Credit Facility Application made to it. Given the dynamic nature of the determination made by Rupeezo Platform, you acknowledge that there is no assurance or guarantee that Rupeezo shall accept your submission of a Credit Facility Application for each and every Advance that you seek to avail.

You agree and accept that Rupeezo, by itself or through authorized persons, advocate, agencies, bureau, etc. have a right (but not an obligation) to verify any information given, check credit references, employment details and obtain credit reports to determine creditworthiness from time to time.

The Service offered using Rupeezo Platform does not guarantee that the Advance applied by You will be disbursed to you. Rupeezo Platform merely acts as a facilitator to allow you to make a Credit Facility Application in relation to an advance sought by you to the Financial Institutions registered on the Rupeezo Platform. All decision to whether or not grant you the Advance will always rest with Financial Institutions and will be made using Financial Institutions’ credit decision processes and methodologies.

You understand that the Financial Institutions will require you to submit further documentation, information and details as required under applicable laws and its internal policies prior to taking any decision about grant of Advance to you. When Financial Institutions decides to grant an Advance to you, it shall require you to execute a loan/credit facility agreement (“Loan Documentation”) with it to record the terms of the arrangement.

INTELLECTUAL PROPERTY AND LICENSE THERETO

Rupeezo (and its licensors, where applicable) own all right, title and interest, including all related intellectual property rights, in and to the content featured on the Rupeezo Platform, the service rendered thereby, and in any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party to Rupeezo. You shall not create, prepare, distribute, exchange, copy, adapt, modify, sell, transmit, publicly display, publicly perform, broadcast any work which is a derivative of or which is based upon such intellectual property.

This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Rupeezo Platform or the intellectual property rights owned by Rupeezo or by its licensors. The Rupeezo name, the Rupeezo logo, and the names associated with the Rupeezo Platform are trademarks of Rupeezo and other third parties, and no right or license is granted to you use them.

Any personal information or details belonging to you and provided by you while availing or accessing the Rupeezo Platform, belong solely to you.

In consideration of your acceptance and continuing compliance with the provisions of these Terms, Rupeezo grants you a restricted, revocable, non-exclusive, non-transferable license (“License”) to access and use the Rupeezo Platform. The License is revocable without requiring prior notice.

If you involve in any of the following activities, then without prejudice to any of the rights of Rupeezo under the law, the License shall automatically revoke without any forenotice.

  1. Breach of the provisions of these Terms by you.
  2. Violation of any law or regulation or any order of a court or an executive authority.
  3. Use by you of manual or automated software, devices, scripts robots, other means or processes to access, "scrape," "crawl" or "spider" any web pages or other assets of or related to the Rupeezo Platform.
  4. Use by you of the Rupeezo Platform for any purpose that is not expressly permitted by these Terms.
  5. Copying, storage or otherwise accessing of any information contained on or related to the Rupeezo Platform by you for purposes not expressly permitted by these Terms.
  6. Infringement by you of the rights of any person or entity, including without limitation, intellectual property rights, privacy rights, publicity rights or contractual rights.
  7. Interference by you with the working of or to adversely affect the Rupeezo Platform, including, without limitation, through the use of viruses, cancel bots, trojans, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology.
  8. Use by you of the Rupeezo Platform to transmit, distribute, post or submit any information that may be immoral, illegal or otherwise undesirable.
  9. Immoral, illegal or otherwise undesirable conduct exhibited by you in respect of the Rupeezo Platform any person or entity associated therewith.
  10. Registration for more than one user account by you or registration of a user account on behalf of another person without express permission of such person.
  11. Impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation or non-affiliation with any person or entity, or otherwise post any reviews that exhibit a conflict of interest.
  12. An attempt by you to (i) probe, scan or test the vulnerability of the Rupeezo Platform, (ii) breach any security or authentication measures, (iii) decipher, decompile, disassemble or reverse engineer any of the software used to provide the services, products or content.
  13. Advocating, encouraging, or assisting any third party in doing any of the foregoing.
DISCLAIMERS

You acknowledge and agree that the Rupeezo Platform is provided “as is,” and “as available” basis, without warranty of any kind, either express or implied to the maximum extent permitted by applicable laws. Rupeezo expressly disclaims any and all other promises, representations and warranties, whether express or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, system integration and/or data accuracy in connection with use of the Rupeezo Platform. Rupeezo does not warrant that the Rupeezo Platform, any application service or any other services provided by Rupeezo will meet your requirements or that the operation of the Rupeezo Platform, any application service or any other services will be uninterrupted or error-free, or that all errors will be corrected. Rupeezo make no warranty regarding the quality of the Rupeezo Platform, services, content or product or the accuracy, your inability to use the Rupeezo Platform, or the timeliness, truthfulness, completeness or reliability of any information obtained the Rupeezo Platform.

No advice or information, whether oral or written, obtained from Rupeezo or through the Rupeezo Platform creates any warranty not expressly made herein. You are solely responsible for all of your communications and interactions with any third-party with whom you communicate or interact as a result of your use of the Rupeezo Platform. Rupeezo makes no representations or warranties as the conduct or quality of services rendered by such third-parties.

The intermediaries that are involved in the Rupeezo Platform viz., Financial Institutions are verified by Rupeezo to be registered with the applicable authorities at the time of their registration; however, Rupeezo does not monitor their good-standing on a periodic basis. Such Financial Institutions are responsible to ensure compliance with the terms of their registration and with the applicable laws; Rupeezo does not monitor such compliance. Rupeezo has neither the authority, nor the obligation, to enquire into the business affairs and the conduct of business of such Financial Institutions. You are advised to examine the terms of business of such Financial Institutions and to evaluate the services offered by them before transacting with them.

Rupeezo is merely a technology platform and does not offer any loans/ advances.Rupeezo is not a financial institution and regulated by RBI. Based on the data available to Rupeezo, it may publish fact- based views and opinions regarding, inter alia, the services offered using the Rupeezo Platform. Rupeezo does not recommend any services offered using the Rupeezo Platform, and is will not be liable for any loss of whatsoever nature arising therefrom. The content and data available on Rupeezo Platform are for illustration purposes only. While care has been taken in preparing the contents provided on the Rupeezo Platform, such contents are provided to you on an “as is” and “as available” basis, without warranty of any kind either express or implied. In particular, no warranty regarding accuracy, suitability or relevance for a particular purpose is given in relation to such contents. Rupeezo, its directors, and its employees make no representations, endorsements or warranties of any kind about the services, content, information and/or data contained on the Rupeezo Platform.

Due to the global nature of the internet, the Rupeezo Platform may be accessed by users in countries other than India. Rupeezo makes no warranties that materials on the Rupeezo Platform are appropriate or available for use in such jurisdictions. If it is illegal or prohibited for you to access or use the Rupeezo Platform, then you should refrain from doing so. If you choose to access the Rupeezo Platform from outside India, then you do so on their own initiative and are responsible for compliance with all applicable laws and regulations.

Rupeezo hereby expressly disclaims any implied warranties imputed by the laws of any jurisdiction. Rupeezo considers itself and intends to be subject to the jurisdiction only of the courts of Mumbai, India. If you don't agree with any of our disclaimers above, then do not use our Services.

Rupeezo expressly disclaims any liability in respect of any of the above matters.

LIMITATION OF LIABILITY

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk, damages and losses arising out of your access to the Rupeezo Platform and content available thereon, any contact you have with any other third-party operators, financial institutions, vendors, service providers, among others, whether in person or online remains with you. Neither Rupeezo nor any of its employees, representatives, agents, sub-contractors, licensors involved in creating, producing, or operating the Rupeezo Platform and content thereon, will be liable for any incidental, special, exemplary or consequential damages, including theft, delay or non-performance, server error, lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with your use of the Rupeezo Platform or content therein, or inability to use the Rupeezo Platform or content thereon, from any communications, interactions or meetings with any third-party operators, financial institutions, vendors, service providers, among others whether in person or online or other persons with whom you may communicate or interact as a result of your use of the Rupeezo Platform, whether based on warranty, contract, law, tort (including negligence), product, content or service liability irrespective of whether or not we have been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.

Rupeezo shall not be liable for any loss or damage arising to you or failure or delay in complying with your instruction which is caused directly or indirectly by any event or circumstances beyond its control. Notwithstanding anything to the contrary contained elsewhere, the total liability of Rupeezo to you for all claims arising from or relating to this agreement, privacy policy and terms relating to Services, including, without limitation, any claim for indemnification or any cause of action arising in contract, tort, or strict liability, will not exceed Rs. 1,000/- (Rupees One Thousand only). You agree that given the nature of services to be provided by Rupeezo, being merely those of a technology platform, this limitation of liability is fair, equitable and reasonable. You acknowledge that your acceptance of this limitation of liability is the basis of the legally binding agreement constituted hereby and that absent such acceptance, this agreement would not have been consented to by Rupeezo.

Notwithstanding any provision to the contrary, in respect of any loss or claims arising due to any deficiency or delay in use of the Rupeezo Platform, your exclusive remedy and the entire liability of Rupeezo shall be the correction of such deficiency or delay on a going forward basis.

You acknowledge and understand that the disclaimers, exclusions and limitations of liability set forth in herein form an essential basis of the contract between you and Rupeezo, that Rupeezo has relied upon your acceptance of such disclaimers, exclusions and limitations of liability while agreeing to the provisions of these Terms, and that absent such disclaimers, exclusions and limitations of liability, the agreement constituted hereby would not have been consented to by Rupeezo.

The provisions of this clause shall survive the termination of the agreement constituted hereby.

INDEMNIFICATION

You acknowledge and agree to release, defend, indemnify, and hold Rupeezo and its affiliates and subsidiaries, officers, directors, employees, contractors, sub-contractors and agents, harmless from and against any claims including third-party claims, liabilities, damages, losses, and expenses, including, without limitation, legal fees, arising out of or in any way connected with the access or use of the Rupeezo Platform or content therein by you or any persons or representatives on your behalf.

Rupeezo acknowledges and agrees to defend, indemnify, and hold you harmless from and against any third-party claims arising out of infringement of any third-party intellectual properties in respect of the Rupeezo Platform (“Infringement Claims”) if you provide Rupeezo with prior written notice of such third-party claims and you give Rupeezo the control to defend and settle any claim as per its discretion. Rupeezo shall allow your legal representative to defend you, provided the control of the entire case regarding the claim remains with Rupeezo.

FURTHER TERMS

Rupeezo reserves the right to amend these Terms at its discretion, without the need to provide prior notice to you. You can review the most current version of these Terms at any time by visiting this webpage. It is your responsibility to check this webpage periodically for changes. If you do not agree with any of the contents of these Terms, you must immediately cease your access and use of the Rupeezo Platform. By continuing to use or access the Rupeezo Platform, you confirm that you have read, understood and accepted each of the provisions of these Terms.

If Rupeezo cannot perform its obligations hereunder due to an act of God such as a pandemic, an epidemic, government decisions, labour unrest, insolvency, business exigencies, operational and technical issues, international events, change in climate, change in laws, terrorist activity, refusal or delay in performance by third-party service providers, technological issues, server failures, or any other reason beyond the control of Rupeezo, then Rupeezo will be excused from such performance to the extent of such prevention, restriction or interference for the period that it persists.

You or anyone acting on your behalf, will not directly or indirectly, disparage or denigrate or encourage others to disparage or denigrate Rupeezo or the Rupeezo Platform. You shall not do any act which would adversely affect Rupeezo, the conduct of its business, or its business reputation. For purposes of this provision, the term “disparage” includes without limitation a) any comments or statements or inputs orally or in writing made in any matter or medium in the press or the media whether digital or otherwise or any other social networking sites; b) any publications, post, or otherwise release of any material in written, oral or electronic format; c) any speeches, interviews, or public statements that mentions us, our operations, clients, employees, products, or services with or without our prior written consent.

You or anyone on your behalf, will not, directly or indirectly solicit, encourage, facilitate, hire, engage, employ, coerce or induce any of our prospects, vendors, advertisers, agents, sales representatives, employees, contractors, consultants, service-providers, or licensees, to curtail their business relationship with Rupeezo. This excludes recruitments conducted pursuant to a non-targeted, general campaign.

Nothing contained these Terms constitute a relationship akin to a partnership or joint venture between you and Rupeezo or constitute one of them to be a representative or an agent of the other.

No third-party shall be entitled to make a claim under these Terms against Rupeezo.

If a court finds any provision of these Terms, or portion thereof to be unenforceable, then (a) the remainder of this Agreement shall continue in full force and effect, and (b) the impugned provision will be modified to the least extent possible so as to render it enforceable. The invalidity or unenforceability of any provisions of this Agreement in any jurisdiction shall not affect the validity, legality or enforceability of this Agreement in any other jurisdiction.

Rupeezo reserves the right to modify the provisions of these Terms. Any changes made here will be reflected on this webpage. Your continual use of the Rupeezo Platform shall be considered as an acceptance of the amended Terms.

All disputes in connection with a provision of these Terms shall be resolved by arbitration as per the Indian Arbitration and Conciliation Act, 1996 (as amended). The arbitration shall be conducted in Mumbai in English by a sole arbitrator jointly appointed by you and Rupeezo. If you and Rupeezo are unable to decide on an arbitrator within thirty (30) days, then any of you and Rupeezo may apply to the Hon’ble Bombay High Court under section 11 of the Arbitration and Conciliation Act, 1996 for such appointment. The arbitral award shall be final and binding upon you and Rupeezo You irrevocably and unconditionally agree to the exclusive jurisdiction of the courts in Mumbai, India.

CONTACT DETAILS

The Rupeezo Platform, which includes this website https://rupeezo.in/, is owned and operated by Rupeezo.

We appreciate you taking the time to read these Terms of Use. You may also read the Privacy Policy and other documents available on the Rupeezo Platform, which are effectively a part of this Terms of Use by reference.