Introduction
- These general terms and conditions (General Terms and Conditions) are applicable to the use of the website www.rupifi.com, Rupifi mobile application, and any other linked pages, products, software, features, or other application services (Rupifi Portal) offered and managed by Rupifi Technology Solutions Private Limited, a company incorporated under the Companies Act, 2013, having its registered office at N-138, LGF, Panchsheel Park, New Delhi – 110017, and its corporate office at 3RD Floor, HoneyKomb by BHive, #649, 13TH Cross Road, 27TH Main Road, Opp. PWD Quarters, HSR Layout, Bengaluru - 560102 (Rupifi).
- Rupifi may from time to time offer or distribute different types of services, including but not limited to buy now pay later (BNPL) option, short term credit facilities, and other such technology enabled financial services (Rupifi Services and each, a Rupifi Service) through Rupifi Portal, either alone or in collaboration with: (i) providers of different products and services (Partner Merchants); and/or (ii) banks, issuers of prepaid instruments, non-banking financial institutions, insurance companies, mutual funds, and other financial institutions (Partner Financial Institutions). These General Terms and Conditions together with any rules, guidelines, policies, agreements, or other terms and conditions applicable to a specific Rupifi Service (Specific Terms and Conditions) and all other applicable rules, guidelines, policies etc. of Rupifi as set out on Rupifi Portal or incorporated herein by way of reference and which are applicable for the purpose of accessing and using Rupifi Portal, comprise or will comprise the complete terms and conditions applicable to that particular Rupifi Service (Rupifi Terms and Conditions). If ,on a particular matter, there is a conflict between these General Terms and Conditions and the Specific Terms and Conditions, the provisions of such Specific Terms and Conditions will prevail in relation to that particular matter to the extent of the conflict.
- The Rupifi Terms and Conditions for each Rupifi Service should be read together with all rules, guidelines, policies, and terms and conditions specified by the Partner Merchant(s) and/or the Partner Financial Institution(s), as the case may be, for that Rupifi Service.
- Please read the Rupifi Terms and Conditions carefully before registering on, accessing, browsing, downloading or using any Rupifi Service offered on Rupifi Portal or any electronic device. Any person logging on to or using Rupifi Portal (hereinafter You or User), even when such person does not avail any Rupifi Service offered on Rupifi Portal, shall be deemed to have, and treated by Rupifi to have read and irrevocably and unconditionally accepted the Rupifi Terms and Conditions (including for the avoidance of doubt, Specific Terms and Conditions for each Rupifi Service). We also recommend that You read the Frequently Asked Questions (FAQs) if any available at www.rupifi.com.
Acceptance
- User Eligibility
The access to Rupifi Portal and Rupifi Services is only available to a person who is competent to enter into legally binding contracts under the Indian Contract Act, 1872. The access to Rupifi Portal and Rupifi Services is not available to anyone previously removed by Rupifi from accessing Rupifi Services and/or Rupifi Portal, unless permitted by Rupifi at its sole discretion. - Representations
If You access Rupifi Portal, You represent to Rupifi that:
• You are a human being and not a bot;
• You are 18 years of age or older;
• You are competent to enter into legally binding contracts under the Indian Contract Act, 1872;
• You are not barred or otherwise legally prohibited from accessing or using Rupifi Portal and/or Rupifi Services under the laws of India or by Rupifi; and
• You are an Indian national who is a tax resident of India and that You are not a tax resident of the United States of America or any other country.
The eligibility criteria for each Rupifi Service will be specified in the Specific Terms and Conditions for that Rupifi Service. For availing any Rupifi Service, You will be required to meet the eligibility criteria specified in the Specific Terms and Conditions for that Rupifi Service in addition to the criteria set out above.By registering on, accessing, browsing, downloading, or using Rupifi Portal or any Rupifi Service, You irrevocably and unconditionally agree and acknowledge that:
• Rupifi Terms and Conditions form a legally binding contract between You and Rupifi in connection with the use of the relevant Rupifi Service(s) and/or Rupifi Portal(s);
• Rupifi has the right to amend, add, remove, and/or modify any portions of the Rupifi Terms and Conditions, from time to time, without notice to You, and You agree to comply with such amended Rupifi Terms and Conditions. Once posted, those changes will be effective immediately unless stated otherwise. Rupifi will update You on an annual basis or as otherwise prescribed under applicable law of all the changes or amendments made by Rupifi to the Rupifi Terms and Conditions. It is hereby clarified that any change or amendment made by Rupifi to Rupifi Terms and Conditions will come into effect immediately upon posting (unless otherwise specified) and not on the day on which Rupifi notifies You of those changes. Any failure or delay by Rupifi to update You of the changes or amendments to the Rupifi Terms and Conditions will not impact the validity and effectiveness of those changes or amendments. You will be responsible for reviewing, and You will review, Rupifi Terms and Conditions and Rupifi Portal for any updates or changes on a regular basis. Continued access or use of Rupifi Portal(s) and/or Rupifi Service(s) constitutes Your irrevocable and unconditional acceptance of the amended Rupifi Terms and Conditions;
• You shall not impersonate any person or entity, or falsely state or otherwise misrepresent Your identity, age or affiliation with any person or entity;
• You agree that it is Your responsibility to independently evaluate, or obtain independent advice from a competent professional of, the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through Rupifi Portal specifically or on the internet generally;
• If at any time You do not agree with the Rupifi Terms and Conditions for a Rupifi Service or do not wish to be bound by the relevant Rupifi Terms and Conditions, You shall immediately cease Your use of the relevant Rupifi Service and forthwith make payment of all outstanding amounts due to Rupifi, the Partner Merchant(s) and/or the Partner Financial Institution(s) in accordance with the Specific Terms and Conditions for that Rupifi Service. You shall be bound by and shall continue to adhere and abide by the Rupifi Terms and Conditions for a Rupifi Service, for so long as You avail that Rupifi Service or owe any amount to Rupifi, the Partner Merchant(s) and/or the Partner Financial Institution(s), as the case may be, in relation to that Rupifi Service.
Rupifi Services
As long as You accept and comply with Rupifi Terms and Conditions, Rupifi grants You a personal, non-exclusive, non-transferable, limited, revocable privilege to enter and use Rupifi Portal and/or avail all or some of Rupifi Services. The availing of any Rupifi Service(s) by You shall also be subject to compliance with all the rules, guidelines, policies, terms, and conditions specified by the Partner Merchant(s), and/or the Partner Financial Institution(s), as the case may be, for that Rupifi Service(s). You hereby consent and agree to comply with the rules, guidelines, policies, terms and conditions, instructions, requests, etc., as may be specified by Rupifi, the Partner Merchant(s),and/or the Partner Financial Institution(s), as the case may be, from time to time, in relation to each Rupifi Service availed or to be availed by You.
Account
- Registration
In order to access Rupifi Portal, You need to open a User’s account with Rupifi, register on the relevant Rupifi Portal(s) and complete the authentication process through one of the methods of authentication specified on the Rupifi Portal(s), including but not limited to, entering the one-time password(OTP)issued by Rupifi to You on Your registered mobile number. Your access to Rupifi Portal(s) will be linked to Your mobile device. You agree and acknowledge that Your location details may be tracked during the registration process. You may be required to open additional accounts for the purpose of availing different Rupifi Services. The terms of and processes for opening an account in respect of a particular Rupifi Service shall be as set out in the Specific Terms and Conditions for that Rupifi Service - Account Data Confidentiality and Verification
• At the time of registration of Your account, You are obliged to provide correct and complete information. The login data is intended solely for Your personal use and therefore, is always to be kept secret and safe. You are not entitled to share the login details with third parties for using Rupifi Services or to disclose these otherwise.
• Rupifi may require You to provide additional information to verify Your identity as a condition of providing Rupifi Service(s) to You or before Rupifi permits You to use Rupifi Service(s) through Your relevant account.
• You acknowledge and agree that You shall be solely responsible for immediately notifying Rupifi by contacting on support@rupifi.com of any change in Your e-mail address and/or mobile number registered with Rupifi.
- Arrangements with Partner Merchants and Partner Financial Institutions
• Where any products and/or services are made available to You through any Partner Merchant or Partner Financial Institution, such products and/or services will be provided on an as is and as available basis, without any representations and warranties, express or implied by Rupifi. Rupifi does not make any representations pertaining to the information, content, products and/or services listed or included on or delivery of any such products and/or services to You through any Partner Merchant or Partner Financial Institution and only acts as an intermediary between You and the Partner Merchant and/or the Partner Financial Institution, as the case may be, in addition to providing any services or acting as a service provider or facilitator to any Partner Merchant and/or Partner Financial Institution. You explicitly agree, acknowledge and confirm that Rupifi is not responsible in any way for the products and/or services purchased and/or availed by You from any Partner Merchant and/or Partner Financial Institution.
• You hereby acknowledge and agree that Rupifi shall not be liable for failure of any transaction undertaken by You on any Partner Merchant’s or Partner Financial Institution’s platform for any reason whatsoever including but not limited to non-performance or omission or commission on the part of the Partner Merchant or the Partner Financial Institution, deficiency of products and/or services delivered and/or technical errors on the Partner Merchant’s or the Partner Financial Institution’s platform.
• You acknowledge and agree that You shall be solely liable for any losses, disputes, and/or fraudulent transactions undertaken on any Partner Merchant’s or Partner Financial Institution’s platform due to Your failure in complying with the Rupifi Terms and Conditions or due to any other reason and Rupifi shall have no liabilities in this regard.
• You further agree, acknowledge, and confirm, irrevocably and unconditionally, that under the aforesaid circumstances, Your only recourse will be against the relevant Partner Merchant(s) and/or the Partner Financial Institution(s), as the case may be, and Rupifi will neither be a necessary nor a proper party to any such issue and/or dispute between Yourself on the one hand and the Partner Merchant(s) and/or the Partner Financial Institution(s)on the other, as the case may be. - Account Data Confidentiality and Verification
• At the time of registration of Your account, You are obliged to provide correct and complete information. The login data is intended solely for Your personal use and therefore, is always to be kept secret and safe. You are not entitled to share the login details with third parties for using Rupifi Services or to disclose these otherwise.
• Rupifi may require You to provide additional information to verify Your identity as a condition of providing Rupifi Service(s) to You or before Rupifi permits You to use Rupifi Service(s) through Your relevant account.
• You acknowledge and agree that You shall be solely responsible for immediately notifying Rupifi by contacting on support@rupifi.com of any change in Your e-mail address and/or mobile number registered with Rupifi.
- Mechanics of payment transactions
The mechanism for payment in respect of each Rupifi Service shall be as set out in the Specific Terms and Conditions for that Rupifi Service. Please carefully read through the Specific Terms and Conditions for a particular Rupifi Service to apprise Yourself of the payment mechanism and procedure for that Rupifi Service. - KYC check and authentication documents
For availing some Rupifi Services, You may be required to provide certain Know Your Customer (KYC) and other authentication documents as prescribed under applicable law and as specified under the relevant Specific Terms and Conditions. Please carefully read through the Specific Terms and Conditions for a particular Rupifi Service to apprise Yourself of the KYC documents required for that Rupifi Service. - Communications and Information
• Rupifi may send alerts to the mobile phone number provided by You while registering with Rupifi Portal(s) for any Rupifi Service or on any updated mobile number subsequently provided by You. Rupifi may also send alerts via e-mail or push notifications.
• You will be able to receive the alerts sent: (a)via short messaging service (SMS), only if the mobile phone is in On mode to receive the SMS, (b) via e-mail, only if the e-mail servers and e-mail ids are functional, and (c) via push notifications, only if You have enabled the receipt of such notifications. If the mobile phone is in Off mode or if the e-mail servers or email-ids are not functional or if the push-notifications feature has been turned off, then You may not get the alert at all or get delayed messages.
• Rupifi will make reasonable efforts to provide alerts via SMSs, e-mails or push notifications and it shall be deemed that You shall have received the information sent by Rupifi as an alert on the mobile phone number or e-mail id provided during the course of, or in relation to, using of Rupifi Portal(s) or availing of any Rupifi Service. Rupifi shall not be under any obligation to confirm the authenticity of the person(s) receiving the alert. Rupifi shall not be liable for non-availability o - Territorial Restrictions
The territorial restrictions of each Rupifi Service shall be as set out in the Specific Terms and Conditions for that Rupifi Service. Please carefully read through the Specific Terms and Conditions for a particular Rupifi Service to apprise Yourself of the territorial restrictions that apply in relation to that Rupifi Service.
Submission Of Personal Information
- You agree that all the personal information You provide to Rupifi, the Partner Merchant(s),and/or the Partner Financial Institution(s) upon registration, at the time of availing any Rupifi Service and at all other times including information such as name, address, contact number, and KYC details, will be true, accurate, current, and complete. You agree to maintain and update the personal information and to keep the personal information true, accurate and complete at all times.
- If You provide any personal information that is untrue, inaccurate, not current, or incomplete, Rupifi, the Partner Merchant(s) and/or the Partner Financial Institution(s), as the case may be, shall have the right to suspend or terminate Your account and refuse any and/or all Rupifi Services. Rupifi, the Partner Merchant(s) and/or the Partner Financial Institution(s), as the case may be, shall not be liable in any manner whatsoever for any loss or damage incurred by You or any dispute initiated by or against You, due to any untrue, inaccurate, not current, or incomplete personal information provided by You.
- You also acknowledge that Rupifi, the Partner Merchant(s) and/or the Partner Financial Institution(s), as the case may be, may obtain, verify, or receive information relating to You from other service providers, financial institutions and/or governmental agencies in connection with the offering of Rupifi Services.
- The personal information provided by You, together with personal information received by Rupifi, the Partner Merchant(s) and/or the Partner Financial Institution(s), as the case may be, from third parties or generated in the course of You accessing the Rupifi Portal and/or using Rupifi Services are collectively referred to as Personal Information.
- You hereby agree that Your Personal Information shall be collected, handled, stored, analysed, and used by Rupifi, the Partner Merchant(s) and/or the Partner Financial Institution(s), as the case may be, for the purpose of providing You access to Rupifi Portal, enabling the use of Rupifi Services and to comply with applicable law. Your Personal Information shall be collected, handled, stored, analysed, and used by Rupifi in accordance with its privacy policy available at Rupifi Privacy Policy, as amended from time to time (Rupifi Privacy Policy). You hereby irrevocably and unconditionally accept the Rupifi Privacy Policy. In case of any discrepancy between the terms of the Rupifi Terms and Conditions and the Rupifi Privacy Policy pertaining to handling, processing, using, sharing, disclosing, etc. of Your Personal Information, the terms of the Rupifi Privacy Policy shall prevail.
- You further agree that such Personal Information may be displayed, automatically or otherwise, upon logging into Your account and/or initiating any transaction on the Partner Merchant’s or the Partner Financial Institution’s platform, as the case may be. Please note that some of Your information, including Personal Information required to service Your account, is readily available on Rupifi Portal(s) and only viewable by You by logging on to the relevant Rupifi Portal(s).
Promotional Offers
You irrevocably and unconditionally authorise and consent to receive from the Partner Merchant(s), the Partner Financial Institution(s) and Rupifi; their affiliates or group companies; their business partners; and their employees, agents, and associates, promotional offers, deals, marketing materials and promotional materials through telephone calls, e-mail, text message or any other electronic means. You irrevocably and unconditionally confirm that laws in relation to unsolicited communications referred in National Do Not Call Registry as laid down by Telecom Regulatory Authority of India will not be applicable for such communications, telephone calls, emails, text messages or communication through any other electronic means received from the Partner Merchant(s), the Partner Financial Institution(s),and Rupifi; their affiliates or group companies; their business partners, and their employees, agents, and associates.
Disclaimer for 3rd Party Campaigns
- Rupifi Portal may contain links to a number of third party websites offering products and/or services. Please note that these are only marketing campaigns for such third parties and are not offers or invitations to make an offer by Rupifi, the Partner Merchant(s),and/or the Partner Financial Institution(s), as the case may be, to enter into any kind of an arrangement. The links to the third party websites are not based on a consideration of Your personal circumstances nor are these results of objective or independent research.
- Upon clicking a specific third party link, You will be directed to the respective third party’s page offering the product or service. You irrevocably and unconditionally understand and acknowledge that: (i) You are clicking on the third party link as per Your sole discretion; (ii) accessing the third party websites shall not mean approval by the third party for such products and/or services; (iii) Rupifi, the Partner Merchant(s),and/or, the Partner Financial Institution(s), as the case may be, shall not be liable for the accuracy of the information being shared on the third party website and cannot be held liable for any claims, losses or damages. It is Your sole responsibility to independently evaluate or obtain independent advice from a competent professional of the accuracy, completeness, and usefulness of all opinions, advice, services, merchandise, and other information provided on third-party websites; (iv) Rupifi, the Partner Merchant(s),and/or the Partner Financial Institution(s), as the case may be, shall not be making any representations or warranties, expressed or implied, in respect of the products or services offered on such third party websites or as to the results obtained from such third party products or services, and Rupifi, the Partner Merchant(s),and/or the Partner Financial Institution(s), as the case may be, shall not be providing advice or making an offer, solicitation, invitation, or recommendation to buy or avail products or services offered on such third party websites; and (v) Rupifi, the Partner Merchant(s),and/or the Partner Financial Institution(s), as the case may be, takes no responsibility for the content of any third-party site. Links to third-party websites are provided solely for the purpose of directing You to the respective websites for Your convenience and information and accessing such websites and undertaking any transactions on such websites is at Your own risk, and Rupifi, the Partner Merchant(s),and/or the Partner Financial Institution(s), as the case may be, shall not be liable or responsible for any consequence of You accessing such websites and undertaking any transactions on such websites.
Limitation Of Liability
- You acknowledge that the liability of Rupifi with respect to a Rupifi Service shall be limited and shall be as per these General Terms and Conditions and the Specific Terms and Conditions for that Rupifi Service.
- You acknowledge that Rupifi Portal and Rupifi Services are being provided on an as is and as available basis and may be interrupted while browsing, transacting, using, or uploading information on the Partner Merchants website/ platforms, the Partner Financial Institutions website/ platforms and/or Rupifi Portal, as the case may be.
- You agree and confirm that Rupifi Services are being provided by Rupifi on a reasonable efforts basis with reasonable efforts to keep these valid and subsisting. Rupifi shall not in any manner be liable to You for any failure or delay in providing Rupifi Services.
- You assume the entire risk of using Rupifi Portal and Rupifi Services. To the maximum extent permitted by applicable law, in no event shall Rupifi be liable to You for any special, incidental, indirect, punitive, or consequential damages whatsoever (including, without limitation, damages for loss of goods or services, loss of profits, business interruption, loss of information, or any other pecuniary or other loss) arising out of the use of, or inability to use or have access of Rupifi Portal and Rupifi Services or for any security breach or any virus, bug, unauthorised intervention, defect, or technical malfunctioning of Rupifi Portal, whether or not foreseeable and whether or not Rupifi has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out, of or in connection with, Your use of, or access to, Rupifi Portal and Rupifi Services. Further, Rupifi shall not be liable to You for any temporary disablement or permanent discontinuance of the services by Rupifi or for any consequences resulting from such actions.
- Rupifi shall not be liable for its failure to perform under the Rupifi Terms and Conditions as a result of occurrence of any events beyond its reasonable control including, without limitation, events such as an act of God, fire, wars, sabotage, civil unrest, labour unrest, outbreak of pandemics or epidemics, action of statutory authorities or local or central governments, and/or change in applicable law, that may affect the performance of Rupifi, the Partner Financial Institution(s), the Partner Merchant(s) and/or any payment gateway or any other integration used by Rupifi.
- You acknowledge and agree that Rupifi has offered Rupifi Services, set its prices, and set out Rupifi Terms and Conditions in reliance upon the warranty-disclaimers and the limitations of liability set forth herein, that the warranty-disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between You and Rupifi, and that the warranty-disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between You and Rupifi. Rupifi would not be able to provide Rupifi Services to You on an economically reasonable basis without these limitations. Applicable law may not completely allow the limitation or exclusion of liability on incidental or consequential damages, so the above limitations or exclusions will apply to You subject to applicable law. In such cases, the liability of Rupifi will be limited to the fullest extent permitted by applicable law.
Indemnification
- You hereby indemnify and agree to indemnify, save, and hold Rupifi, its affiliates, employees, officers, directors and partners(including agents and service providers)harmless from any and all claims, losses, damages, liabilities, costs and expenses including, without limitation, legal fees and expenses, arising out of or related to: (i) Your use or misuse of Rupifi Services or of Rupifi Portal; (ii) any violation by You of these General Terms and Conditions or the Specific Terms and Conditions; or (iii) any breach of the representations, warranties, and covenants made by You herein.
Prohibited Conduct
While accessing or using Rupifi Portal and/or while availing Rupifi Services, You irrevocably and unconditionally agree not to:
- violate the Rupifi Terms and Conditions;
- avail Rupifi Services with funds that may have been obtained illegally or fraudulently or from sources not permitted under applicable law;
- infringe our or any third party’s intellectual property rights, rights of publicity or privacy;
- post, transmit, modify, store, update, or share any message or content which is libellous, defamatory, racially or ethnically objectionable, or which discloses private or personal matters concerning any person;
- post, transmit, modify, store, update, or share any message, data, image or program which is pornographic, vulgar, paedophilic, offensive in nature, or which is harmful to a child;
- post, transmit, modify, store, update, or share any message, data, image or program which threatens the unity, integrity, defence, security, or sovereignty of India, friendly relations with foreign states, public order, or which causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting to any other nation;
- post, transmit, modify, store, update, or share any message, data, image or program which is false or untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
- refuse to cooperate in an investigation or provide confirmation of Your identity or any other information provided by You to Rupifi;
- remove, circumvent, disable, damage, or otherwise interfere with security related features of Rupifi Portal or features that enforce limitations on the use of Rupifi Services or Rupifi Portal;
- reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of any Rupifi Services or of Rupifi Portal or any part thereof, except and only to the extent this is expressly permissible by applicable law;
- use Rupifi Services or Rupifi Portal in any manner that could damage, disable, overburden, or impair these, including, without limitation, using Rupifi Services or Rupifi Portal in an automated manner;
- use any robot, spider, other automatic device, or manual process to monitor or copy Rupifi Portal, in whole or in part, without prior written permission of Rupifi;
- take any action that imposes an unreasonably or disproportionately large load on the infrastructure / network of Rupifi;
- sell Rupifi Services, information, or software associated with or derived from these;
- use the facilities and capabilities of Rupifi Portal to conduct any activity or solicit the performance of any illegal activity or any activity that is unlawful or forbidden under applicable law or under the Rupifi Terms and Conditions or other activity which infringes the rights of others; and
- use Rupifi Services in a manner that results in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties, and other liability to Rupifi, a third party or You.
Termination
- Rupifi may forthwith terminate and/or suspend, in whole or in part, Your account, the Rupifi Terms and Conditions, Rupifi Service(s) and access to Rupifi Portal, for any reason including for reasons of breach of the Rupifi Terms and Conditions.
- You may terminate Your arrangement with Rupifi in relation to any Rupifi Service in the manner specified in the Specific Terms and Conditions for that Rupifi Service.
- In the event of any termination or suspension of any Rupifi Service or Your account, You shall continue to remain liable to pay in full all amounts due and payable to Rupifi, the Partner Merchant(s) and/or the Partner Financial Institution(s), as the case may be, in relation to that Rupifi Service and shall not be discharged from Your obligation to comply with all applicable Rupifi Terms and Conditions until such amounts are paid in full.
Notices
- All notices, requests, demands, waivers, queries, and other communications required or permitted to be given hereunder in relation to Rupifi Services under the Rupifi Terms and Conditions, shall be emailed at support@rupifi.com if to Rupifi and if to You, it shall be sent via email on Your email address registered with Rupifi or through SMS/ WhatsApp or other electronic means on Your mobile number registered with Rupifi or on any updated email address or mobile number supplied by You to Rupifi (if any). Such notices shall be deemed to have been received by You when Rupifi sends the notice to the email address or mobile number registered with Rupifi.
- Any other notices, requests, demands, waivers, complaints, queries, and other communications arising out of any Partner Merchant’s and/or Partner Financial Institution’s acts or omissions, including but not limited to those relating to deficiency of service, quality, merchantability or fitness of products or services, shall be resolved between You and the Partner Merchant(s) and/or the Partner Financial Institution(s), as the case may be, only and Rupifi shall neither be a necessary nor a proper party to any such notices, requests, demands, waivers, complaints, queries, and other communications and shall have no responsibility or liability whatsoever in this regard.
Grievance Redressal Mechanism
In the event You have any grievance or complaints in relation to any Rupifi Service, You may raise Your complaint in accordance with the grievance policy of Rupifi.
Governing Law And Jurisdiction
- The Rupifi Terms and Conditions shall be governed by the laws of India.
- You agree that if any dispute(s) or difference(s) shall arise between You and Rupifi (Parties) in connection with or arising out of or relating to the Rupifi Terms and Conditions, the Parties shall attempt, for a period of 30 (thirty) days from the receipt of a written notice (Disputes Notice) from the other Party of the existence of a dispute(s), to settle such dispute(s) by mutual discussions.
- If the said dispute(s) cannot be settled by mutual discussions within the 30 (thirty) day period specified above, such disputes(s) shall be referred to arbitration for final resolution in the manner provided herein. The Parties shall mutually appoint a sole arbitrator within 60 (sixty) days from the date of the Disputes Notice who shall resolve such dispute(s) in accordance with the provisions of the Arbitration and Conciliation Act, 1996, as amended from time to time (Arbitration Act).
- If the Parties fail to appoint a sole arbitrator in accordance with the procedure aforesaid and within the time period as specified above, such sole arbitrator shall be appointed in accordance with the provisions of the Arbitration Act. The arbitration proceedings shall be held in English language with the seat of the arbitration being Delhi. Subject to the arbitration agreement as mentioned above, the courts and tribunals at Delhi shall have the exclusive jurisdiction over any dispute(s) or difference(s) as described above.
- This Clause is for the benefit of Rupifi only. You irrevocably and generally consent in respect of any proceedings anywhere in connection with the Rupifi Terms and Conditions and to the giving of any relief or the issue of any process in connection with those proceedings including, without limitation, the making, enforcement or execution against any assets whatsoever (irrespective of their use or intended use) of any order or judgment which may be made or given in those proceedings. To the fullest extent allowed by law, Rupifi may take concurrent proceedings in any number of jurisdictions.
Intellectual Property
- You acknowledge that Rupifi is the sole and rightful owner of the intellectual property of Rupifi and You agree not to register, use or file in Your own name or in the name of any other person or entity, any trademarks that are same or similar or resemble in any manner with the intellectual property of Rupifi and not to associate the intellectual property with Your or their businesses, except for the purpose as specified in the Rupifi Terms and Conditions. In this regard intellectual property shall mean any and all property in any name, signature, word, letter, numeral or any combination thereof, software, trademark, brand name, service mark, trade name, design, logo, know-how and trade secrets belonging to Rupifi, whether registered or not.
- Nothing contained herein shall authorize You to use, display, or exploit the intellectual property of Rupifi without the prior written consent of Rupifi and all content on Rupifi Portal and Rupifi Services is the copyright of Rupifi except for third party content and any link to third party websites.
- The information provided on Rupifi Portal(s) is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility and liability for its use. Rupifi does not represent or endorse the accuracy or reliability of any information, or advertisements contained on, distributed through, or linked, downloaded or accessed from any of Rupifi Portal, or the quality of any products or services, information or other materials displayed, or obtained by You as a result of an advertisement or any other information or offer in or in connection with Rupifi Portal.
Miscellaneous
- No Partnership
The Rupifi Terms and Conditions constitute a principal-to-principal relationship between the Parties and are not intended to and do not create any agency relationship. Rupifi Services provided by Rupifi and when availed by You from the Partner Merchant(s) and/ or the Partner Financial Institution(s), as the case may be, are being provided by Rupifi as an independent entity and nothing contained herein shall be deemed: (i) to create any association, partnership, joint venture or relationship of principal and agent or master and servant, or employer and employee between the Parties or any of its/their affiliates or subsidiaries; or (ii) to provide either You or Rupifi with the right, power or authority, whether express or implied, to create any such duty or obligation on behalf of the other party. - Assignment
Rupifi may assign, in whole or in part, the rights or obligations of the Rupifi Terms and Conditions to: (i) its associates, affiliates or any other group company; or (ii) any other company in any circumstances including but not limited to pursuant to a restructuring or re-organization or demerger of its organization or operations causing a change in management or something of a similar nature. It is clarified that Rupifi shall not require Your approval or consent for the above assignment. Rupifi may, at its sole discretion, provide notice of such assignment to You. You shall not assign, in whole or in part, Your rights or obligations under the Rupifi Terms and Conditions without the prior written permission of Rupifi.
- Waiver
Unless otherwise expressly stated, failure to exercise or delay in exercising a right or remedy hereunder by Rupifi shall not constitute a waiver of the right or remedy or a waiver of any other rights or remedies by Rupifi, and no single or partial exercise of any right or remedy hereunder shall prevent any further exercise of the right or remedy or the exercise of any other right or remedy by Rupifi. The rights and remedies provided to Rupifi in the Rupifi Terms and Conditions or conferred by applicable law, common law, custom, trade, or usage, are cumulative and not exclusive of any other rights or remedies and may be enforced successively or concurrently. Your obligations hereunder will remain in full force and shall not be affected, impaired, diminished or extinguished by any act, omission, default, matter or thing (including anything which, but for this clause, would have discharged You (wholly or in part) or would have afforded You any legal or equitable defence) except the full, prompt and complete performance of all the terms, undertakings and conditions of the Rupifi Terms and Conditions, including the due and punctual payment of all amounts that may become due to Rupifi, Partner Merchant(s) and/or Partner Financial Institution(s) under the Rupifi Terms and Conditions.If at any time, any provision of the Rupifi Terms and Conditions is or becomes illegal, invalid, or unenforceable in any respect under any law of any jurisdiction, the legality, validity or enforceability of the remaining provisions will not be affected or impaired in any manner. In such event, Rupifi shall have the right to amend the terms of the Rupifi Terms and Conditions such that the commercial intent of the Rupifi Terms and Conditions and the interests of Rupifi are protected in the same manner as originally contemplated under the Rupifi Terms and Conditions. - Survival
The terms and provisions of the Rupifi Terms and Conditions which by their nature and intent are intended to survive the termination hereof shall so survive the termination of the Rupifi Terms and Conditions. - Partial Invalidity
Each of the rights, powers and remedies of Rupifi under the Rupifi Terms and Conditions:
(i) are in addition to, and not in derogation of, other rights and remedies of Rupifi given by contract or by applicable law independent of the Rupifi Terms and Conditions;
(ii) may be exercised even if this involves a conflict of duty or Rupifi has a personal interest in its exercise; and
(iii) is not affected by any payment, settlement or anything which might otherwise affect them at law. - Non-Exclusive Basis
It is agreed and clarified that the arrangement set out in the Rupifi Terms and Conditions between the Parties is on a non-exclusive basis.By accepting these General Terms and Conditions in such mode as may be specified by Rupifi from time to time, or by virtue of usage of Rupifi Portal and availing of any Rupifi Service, or by virtue of the continued usage or availment thereof, You:
• confirm that You are eligible under applicable law to enter into a valid contract and confirm that the Rupifi Terms and Conditions constitute a valid, binding and enforceable contract between You and Rupifi;
• accept these General Terms and Conditions as displayed on Rupifi Portal; and
• consent to receive communications, notices and information from Rupifi electronically through e-mail, text message or any other electronic means. Electronic communications shall be deemed to have been received by You when Rupifi sends the electronic communication to the email address or mobile number provided by You upon registration, at the time of availing a Rupifi Service and at all other times, or when Rupifi posts the electronic communication on Rupifi Portal.
ACCEPTANCE OF DEFERRED PAYMENT (DP) TERMS AND CONDITIONS
- You will be permitted to avail and use the BNPL Option and/or the Credit Line Option on Rupifi Portal and/or Partner Merchant Websites only upon Your acceptance of these DP Terms and Conditions and the Rupifi Privacy Policy. By accepting these DP Terms and Conditions and the Rupifi Privacy Policy, You irrevocably and unconditionally agree to be bound by and comply with these DP Terms and Conditions and the Rupifi Privacy Policy at all times. Continued use or by availing the BNPL Option and/or the Open Credit Line Option constitutes and will be deemed to constitute Your acceptance of these DP Terms and Conditions and the Rupifi Privacy Policy.
- You also understand and accept that the Partner Merchant and/or the Partner Financial Institution, as the case may be, may have or may impose its own terms and conditions, policies, guidelines, etc. and may also amend those terms and conditions, policies, guidelines, etc. from time to time. You will be responsible for reviewing and you will review such terms and conditions, policies, guidelines etc. for any updates on a regular basis. Rupifi shall not be responsible for communicating to You any changes made by the Partner Merchant and/or the Partner Financial Institution, as the case may be, to its terms and conditions, policies, guidelines, etc.
- If at any time You do not agree with these DP Terms and Conditions, You can cease the use of each BNPL Option and the Credit Line Option availed by You by making payment of all outstanding amounts due in connection with each BNPL Option and Credit Line Option availed by You. Notwithstanding the above, You shall be deemed to have agreed to and shall continue to adhere to and abide by these
User Eligibility And Territorial Restriction
The BNPL Option and/or the Credit Line Option is only available for purchasing goods and/or services within the territory of India to a User who:
- is 18 years of age or older;
- is competent to enter into legally binding contracts under the Indian Contract Act, 1872;
- is not barred or otherwise legally prohibited from accessing or using Rupifi Portal and/or Rupifi Services under the laws of India or by Rupifi;
- is an Indian national and a tax resident of India and not a tax resident of the United States of America or any other country; and
- satisfies the eligibility criteria specified by the Partner Merchant in relation to the BNPL Option or the Partner Financial Institution in relation to the Credit Line Option, as the case may be.
By availing the BNPL Option from a Partner Merchant and/or the Credit Line Option from a Partner Financial Institution, as the case may be, You represent and warrant to Rupifi that you are a human and not a bot and that you satisfy the criteria as specified above.For availing the Credit Line Option, You will have to register with the Partner Financial Institution. You will be granted a credit line by such Partner Financial Institution at its sole discretion.
Rupifi reserves the right, at any time, to not provide any services to You in connection with the BNPL Option availed from a Partner Merchant and/or the Credit Line Option availed from a Partner Financial Institution, as the case may be, without providing any notice or reason.
If You have already availed the BNPL Option and You choose to avail credit lines from any affiliate companies of Rupifi or from any Partner Financial Institution, then You will not be eligible for exercising the BNPL Option thereafter.
Registration
- Upon acceptance of these DP Terms and Conditions, You will be registered with Rupifi on Rupifi Portal and a user account will be created for You on Rupifi Portal (User Account) in the manner specified in Authentication Process under Clause 5.
- In addition to these DP Terms and Conditions, the terms and conditions relating to creation and use of the User Account, if any, specified on Rupifi Portal, shall also be applicable to You.
- You are obliged to furnish to Rupifi all information required for the User Account opening process, and such other information, details, and clarifications as Rupifi may require from time to time and You will ensure that all information provided by You to Rupifi is true, correct, accurate, and complete in all respects.
- Each time You avail the BNPL Option or the Credit Line Option, You may be prompted to accept the DP Terms and Conditions applicable for the Partner Merchant or the Partner Financial Institution, as the case may be. Acceptance of any such new DP Terms and Conditions will not result in creation of a new User Account with Rupifi.
- Where you are already an existing registered user on Rupifi Portal or have signed up for other Rupifi Service(s), You acknowledge and agree that the terms and conditions of the respective Rupifi Service(s) availed by You through Rupifi Portal shall also be applicable.
- In addition to the BNPL Option and/or the Credit Line Option, You will be eligible to avail other Rupifi Service(s) offered by Rupifi through Rupifi Portal provided you satisfy the criteria specified by Rupifi for the relevant Rupifi Service.
Credit Score Consent
It is agreed and understood by You that in connection with submission of the application for availing the Deferred Payment services, it is necessary that your credit information be procured from concerned sources. Accordingly, You hereby consent that your Credit Information (“Consumer Credit Information”) offered by CRIF High Mark Credit Information Services Pvt. Ltd. (“CIC”), or other Credit Information Company(ies) (as the case may be – including but not limited to CIBIL, Equifax, Experian, etc.) through Rupifi (referred to as the “Company”) and delivery of the Consumer Credit Information to the Company, You hereby acknowledge and agree to the following:
- The Company is your lawfully appointed agent, and it has agreed to be your agent to obtain your Credit Information Report and Credit Score from the CIC for the purpose of procuring Deferred Payment facility – BNPL or Open Credit Line, or any other facility as offered by the Company, and not for any other purposes.
- This consent shall be valid for a maximum period of 6 months or till such time the credit information is required to be retained to satisfy the purpose for which it was intended, or if you withdraw your consent at any time, by informing the same to the Company, at their registered office address, website, assigned email id or mobile application, whichever is earlier.
- You further authorize the Company to share with CICs, your personal information/details to procure your Credit Information on a monthly frequency and use the same to provide me with the said service (“Purpose”).
- You confirm that this consent is given by your free will and not due to any solicitation by any person/entity.
- You hereby expressly grant unconditional consent to, and direct, CIC to deliver and / or transfer your Consumer Credit Information to the Company on your behalf.
- You shall not hold CIC responsible or liable for any loss, claim, liability, or damage of any kind resulting from, arising out of, or in any way related to: (a) delivery of your Consumer Credit Information to the Company; (b) any use, modification or disclosure by the Company of the contents, in whole or in part, of your Consumer Credit Information, wherever authorized by me; (c) any breach of confidentiality or privacy in relation to delivery of your Consumer Credit Information to the Company;
- You acknowledge and accept that: (a) CIC has not made any promises or representations to me in order to induce me to provide your Consumer Credit Information or seek any consent or authorization in this regard; and (b) the implementation of the Agreement between CIC and the Company is solely the responsibility of the Company.
- You agree that you may be required to record your consent / provide instructions electronically or physically as the case may be, and in all such cases you understand that by clicking on the "I Accept" button below or signing this Consent physically, you are providing "written instructions" to the Company authorizing Company to obtain your Consumer Credit Information from your personal credit profile from CRIF High Mark. You further authorize the Company to obtain such information solely to confirm your identity and display your Consumer Credit Information to me. Further in all such cases by checking this box and clicking on the Authorize button or signing this Consent physically, you agree to the terms and conditions, acknowledge receipt of CIC privacy policy and agree to its terms, and confirm your authorization for Company to obtain your Consumer Credit Information.
- You understand that in order to deliver the product to you, you hereby authorize the Company to obtain your Consumer Credit Information from CIC.
- By submitting this registration form, you understand that you are providing express written instructions for the Company to request and receive a copy of your consumer credit report and score from CIC.
- You understand that the product is provided on an “as-is”, “as available” basis and CIC expressly disclaims all warranties, including the warranties of merchantability, fitness for a particular purpose, and non-infringement.
- You shall not sue or otherwise make or present any demand or claim, and you irrevocably, unconditionally and entirely release, waive and forever discharge the CIC, its officers, directors, employees, agents, licensees, affiliates, successors and assigns, jointly and individually (hereinafter “Releasee”), from any and all manner of liabilities, claims, demands, losses, claims, suits, costs and expenses (including court costs and reasonable attorney fees) (“Losses”), whatsoever, in law or equity, whether known or unknown, which you ever had, now have, or in the future may have against the Releasee with respect to the submission of your Consumer Credit Information and / or your decision to provide CIC with the authority to deliver your Consumer Credit Information to the Company. You agree to defend, indemnify, and hold harmless the Releasee from and against any and all losses resulting from claims made against CIC by third parties arising from and in connection with this letter.
- You agree that the terms of this confirmation letter shall be governed by the laws of India and shall be subject to the exclusive jurisdiction of the courts located in Mumbai in regard to any dispute arising hereof.
Authentication Process
- For undertaking a Transaction, You will be required to: (i) select the Rupifi Functionality; and (ii) complete the process specified for registration (if applicable) and authentication through one of the methods of a authentication specified by Rupifi, including but not limited to, entering the one-time password (OTP) issued by Rupifi to You on Your Registered Phone Number (Authentication Process).
- For the Credit Line Option, authentication of a User and approval of the Credit Line Transaction will be completed by the Partner Financial Institution through Rupifi. You agree and acknowledge that, in the event You avail the Credit Line Option, Rupifi will share the necessary information (including Personal Information) in relation to You with the Partner Financial Institution for enabling the completion of the Credit Line Transaction.
- Once You are registered and authenticated through the Rupifi Functionality and have enabled the auto-debit option, You will be permitted to make subsequent transactions using the BNPL Option or the Credit Line Option, as the case may be, without having to enter an OTP.
- You hereby undertake and agree that: (i) any pin or OTP or password or any unique number issued by Rupifi in relation to the Authentication Process shall be used only by You and shall not be disclosed to any third party; and (ii) You shall take all the necessary steps, including deleting or destroying all records of the Authentication Process, to ensure that any un-authorized disclosure of the same is prevented.
- You agree to immediately notify Rupifi of any unauthorized use of Your Authentication Process or any other breach of security. You further acknowledge and agree that Rupifi, the Partner Merchant and/or the Partner Financial Institution, as the case may be, will not be liable for any costs, expenses, fees, charges, losses, damages or other liability arising from Your failure to comply with these DP Terms and Conditions, or from any unauthorized access to or use of the pin, the OTP, the password, or any such unique number issued by Rupifi in relation to any Authentication Process for a particular BNPL Transaction or a Credit Line Transaction by children, minors, Your dependents or any other person. It is hereby clarified that Rupifi including its affiliates, employees, agents etc. never ask anyone to share pin, the OTP, password, or any such unique number issued by Rupifi in relation to any Authentication Process or otherwise. Accordingly, it is Your responsibility to ensure that there is no unauthorized disclosure by You to any other person of Your pin, the OTP, password, or any such unique number issued by Rupifi. You irrevocably and unconditionally acknowledge and agree that You shall be solely liable for any costs, expenses, fees, charges, losses, damages or other liability incurred by You, Rupifi, the Partner Financial Institution and/or the Partner Merchant, as the case may be, for any fraudulent Transactions, due to or arising from Your failure to comply with these DP Terms and Conditions or any other reason and Rupifi shall have no liabilities in this regard.
- You hereby acknowledge that other than issuing the OTP in relation to any Authentication Process for a particular BNPL Transaction or a Credit Line Transaction, Rupifi has no obligation or liability to verify the BNPL Transactions or Credit Line Transactions entered into, authenticated and/or authorized by You. Each BNPL Transaction and Credit Line Transaction will be deemed to have been undertaken and authorized by You. You will not be permitted to revoke such BNPL Transactions and/or Credit Line Transactions at any time.
Payment
- Under the BNPL Option offered by a Partner Merchant, You may be permitted by the Partner Merchant to make payment of the purchase price of the products and/or services (BNPL Transaction Amount) on a deferred basis as offered by the Partner Merchant, subject to the monetary limits specified by the Partner Merchant (BNPL Monetary Limit). You acknowledge and agree that the BNPL Monetary Limit as well as payment terms may be varied or modified from time to time by the Partner Merchant in consultation with Rupifi.
- Under the Credit Line Option offered by a Partner Financial Institution, You may be permitted to make payment of the purchase price of the products and/or services (Credit Line Transaction Amount) on a deferred basis as offered by the Partner Financial Institution, subject to the monetary limits specified by the Partner Financial Institution (Credit Line Monetary Limit). You acknowledge and agree that the Credit Line Monetary Limit as well as payment terms may be varied or modified from time to time by the Partner Financial Institution.
- You hereby: (i) acknowledge and agree that payment of the applicable BNPL Transaction Amount shall be made by You to Rupifi, who is authorized by the Partner Merchant to collect the BNPL Transaction Amount on behalf of the Partner Merchant; and (ii) authorize Rupifi and its authorized representatives to collect the BNPL Transaction Amount from You on behalf of the Partner Merchant. For Credit Line Transactions processed through a Partner Financial Institution, You will be required to pay the Credit Line Transaction Amount, together with interest and charges, either to (i) the Partner Financial Institution, in accordance with the terms and conditions agreed between the Partner Financial Institution and You; or (ii) Rupifi where the Partner Financial Institution has authorized Rupifi to collect such payments on its behalf. You hereby authorize Rupifi and its authorized representatives to collect the Credit Line Transaction Amount, together with interest and charges from You.
- You further understand that in order to enable Rupifi or the Partner Financial Institution to collect the BNPL Transaction Amount for each BNPL Transaction or the Credit Line Transaction Amount for each Credit Line Transaction, You will have to opt for the registration of the E-mandate with or through Rupifi (through Rupifi Portal or any other mode specified by Rupifi). You hereby confirm that in the event You have already registered an E-mandate with an affiliate of Rupifi, You hereby authorize Rupifi and/or or the Partner Financial Institution, as the case may be, to collect payments for any BNPL Transaction and/or Credit Line Transaction using such E-mandate.
- You hereby further acknowledge and agree that upon completion of the Authentication Process and of the relevant BNPL Transaction and/or Credit Line Transaction, Rupifi shall issue (or otherwise make available through electronic means) a statement to You in relation to the BNPL Transactions undertaken by You by availing the BNPL Option from Partner Merchants (BNPL Statement) and Credit Line Transactions undertaken by You by using the Credit Line Option from Partner Financial Institutions (Credit Line Statement). Rupifi shall be entitled to issue a single statement covering all the Transactions undertaken by You during a specified period, or individual BNPL Statements and/or Credit Line Statements, at its sole discretion (each, a Statement). The Statement shall specify the amounts required to be paid by You in relation to the BNPL Transactions (BNPL Statement Amount) and in relation to the Credit Line Transactions (Credit Line Statement Amount), and the timelines, and manner in which such amounts are required to be paid by You. The Statement will be issued to You: (i) on a bi-monthly basis, or such other periodicity as Rupifi may determine from time to time; and (ii) by way of e-mail (registered by You with Rupifi), text message on Your Registered Phone Number, notification on Rupifi Portal, or any other medium as determined by Rupifi from time to time.
- You undertake to pay the BNPL Statement Amount and/or the Credit Line Statement Amount in accordance with the timelines and the manner specified in the Statement. You acknowledge and agree that the date(s) specified in the Statement for payment of the BNPL Statement Amount and/or the Credit Line Statement Amount (each a Due Date) is/ are the date(s) by which the BNPL Statement Amount and/or the Credit Line Statement Amount should be credited to Rupifi’s bank account or the bank account of the Partner Financial Institution, as the case may be.
- You confirm and agree that You shall not use any payment method other than the permitted payment methods notified by Rupifi or the Partner Financial Institution(s), as the case may be, for the purpose of paying the BNPL Statement Amount and/or any Credit Line Statement Amount.
- You acknowledge and agree that Rupifi shall not be liable under any circumstances whatsoever in relation to: (i) non-delivery and/or delay in receipt of the Statement as a result of any default, non- delivery or delay due to any third-party telecom service provider(s) and/or other service provider(s) used by Rupifi; or (ii) any delay caused in payment of the BNPL Statement Amount and/or the Credit Line Statement Amount due to the time taken for settlement and clearing of the BNPL Statement Amount and/or the Credit Line Statement from Your bank account to the bank account of Rupifi or the bank account of the Partner Financial Institution, as the case may be.
- You acknowledge and agree that in the event the applicable BNPL Statement Amount and/or the Credit Line Statement Amount is not credited to Rupifi’s bank account or the bank account of the Partner Financial Institution, as the case may be, by the relevant Due Date, You shall be liable to pay an additional amount to the Partner Financial Institution, which shall be determined on the basis of your agreement with the Partner Financial Institution (including goods and service tax), for each day from (and including) the relevant Due Date to (and including) the date such BNPL Statement Amount and/or the Credit Line Statement Amount is credited to the bank account of Rupifi or the bank account of the Partner Financial Institution, as the case may be (Additional Amount). You further acknowledge and agree that the Additional Amount charged is a genuine and reasonable pre- estimate of loss that Rupifi’s Partner Financial Institution(s) will suffer and is not a penalty, and Rupifi shall have the right to modify the applicable Additional Amount from time to time by giving prior notice and You undertake that You shall not raise any objections against the imposition of the Additional Amount. Rupifi may at its sole discretion waive any Additional Amount payable by You.
- After issuance of the Statement, Rupifi may issue periodic reminders to You in relation to the BNPL Statement Amount, the Credit Line Statement Amount and/or the Additional Amount due and payable. If You fail to make payment in full of the applicable amounts by the specified Due Date, You shall be issued a reminder within 3 (three) days from such Due Date (First Reminder). If You fail to make payment within the period specified in the First Reminder, Rupifi shall send to You, a final intimation demanding the payment of the applicable amounts (Final Reminder). The Final Reminder may also state the steps that Rupifi or the Partner Financial Institution, as the case may be, may take to realize the BNPL Statement Amount, the Credit Line Statement Amount and/or the Additional Amount from You.
- You irrevocably and unconditionally agree that Rupifi or the Partner Financial Institution, as the case may be, shall realize or set-off the BNPL Statement Amount, the Credit Line Statement Amount and/or the Additional Amount from You, at Your sole risk and cost, by: (i) setting-off the BNPL Statement Amount, the Credit Line Statement Amount and/or the Additional Amount against any amounts available with Rupifi or the Partner Financial Institution, as the case may be, that belongs to You; (ii) charging/ debiting Your bank account or any other payment instrument (such as a designated credit card account or a designated debit card account) held under Your name; and/or (iii) engaging any third person to collect the BNPL Statement Amount, the Credit Line Statement Amount and/or Additional Amount from You. In this regard, You irrevocably and unconditionally agree to undertake all necessary actions as may be required by Rupifi and/ or the Partner Financial Institution, as the case may be, and provide consent for any deductions to be made in accordance with this Clause 6.11.
- If You fail to pay the BNPL Statement Amount and/or the Credit Line Statement Amount on a Due Date, Rupifi shall be entitled to suspend the User Account of the User at its sole discretion.
- Notwithstanding anything to the contrary contained in these DP Terms and Conditions, Rupifi and/ or the Partner Financial Institution, as the case may be, shall have the right to take such actions and initiate such proceedings as it deems appropriate or may be entitled to in contract, law, equity or otherwise, to recover the BNPL Statement Amount and/or the Credit Line Statement Amount, together with any Additional Amounts, from You, at Your sole cost, risk, and expense.
- You acknowledge and agree that the repayment of the BNPL Statement Amount, the Credit Line Statement Amount and/or the Additional Amount shall not be affected, impaired or discharged by Your bankruptcy or death or otherwise and that Rupifi shall be entitled in such scenarios to recover the BNPL Statement Amount, the Credit Line Statement Amount and/or the Additional Amount from Your properties, assets and/or from Your legal heirs or successors.
Submission Of Personal Information
- You understand that in order to avail the BNPL Option and/or the Credit Line Option, the Partner Merchant has shared, or will share (upon You opting for BNPL Option and/or the Credit Line Option) with Rupifi, Your Registered Phone Number and other Personal Information of Yours (including the name, address, and other KYC details) provided by You to the Partner Merchant. Rupifi will use such information to, among other things, determine Your eligibility to avail the BNPL Option or as the case may be, further share it with the Partner Financial Institution for the purpose of enabling the Partner Financial Institution to determine Your eligibility to avail the Credit Line Option.
- You represent that the Personal Information provided by You to the Partner Merchant and shared by the Partner Merchant with Rupifi at the time of registration, opening of the User Account and at all other times is and shall at all times remain true, accurate, updated, and complete. You undertake and agree to maintain and update the Personal Information and to keep the Personal Information true, accurate, and complete.
- You shall be obliged to provide to Rupifi, the Partner Merchant, and/or the Partner Financial Institution, as the case may be, from time to time, any additional information or documentation to: (i) ensure conformity with any requirements arising under Applicable Law; and (ii) verify the accuracy and completeness of the information provided by You. Rupifi, the Partner Merchant and/or the Partner Financial Institution, as the case may be, also reserve the right to obtain, receive or verify information in relation to You from any service provider, financial institution, and/or governmental agency.
- You hereby agree that Your Personal Information shall be collected, handled, stored, analysed, and used by Rupifi, the Partner Merchant and/or the Partner Financial Institution, as the case may be, for the purpose of providing You access to Rupifi Portal and use of Rupifi Services and to comply with Applicable Law. You acknowledge and agree that Rupifi shall collect, handle, store, analyse and use Your Personal Information in accordance with the Rupifi Privacy Policy as specified in Clause 4 (Submission of Personal Information) of the General Terms and Conditions.
- If any Personal Information provided by You or on Your behalf is untrue, inaccurate, not current or incomplete, Rupifi shall be entitled at its sole discretion to suspend or terminate the User Account and refuse any and/or all Rupifi Services. Rupifi, the Partner Merchant and/or the Partner Financial Institution, as the case may be, shall not be liable or responsible in any manner whatsoever for any loss or damage incurred by You or any dispute initiated by or against You, due to any untrue, inaccurate, not current, or incomplete Personal Information provided by You.
Cancellation And Refunds
- In the event a cancellation or a refund request is initiated by You in connection with a BNPL Transaction, You shall continue to be liable for paying the amount specified in the Statement to Rupifi on the relevant Due Date(s) specified in the Statement, unless notified otherwise.
- Rupifi acknowledges and agrees that if a BNPL Transaction is cancelled or a return request is made, the refundable transaction amount (less cancellation charges, if any) (the Refund Amount) shall be kept by Rupifi as an amount payable to You (subject to adjustments against any subsequent BNPL transactions) and will be set-off against any other amounts payable by You to Rupifi in future.
- For a Credit Line Transaction, the manner of cancellation and refund shall be in accordance with terms and conditions agreed between the Partner Financial Institution and You or as may be specified by the Partner Financial Institution.
Limitation Of Liability
- You irrevocably and unconditionally acknowledge and agree that: (i) Rupifi has no responsibility to ensure the availability of the BNPL Option from any Partner Merchant or availability of Credit Line Option by a Partner Financial Institution; (ii) Rupifi’s liability with respect to the BNPL Option and/or the Credit Line Option shall be limited solely to the extent set out in these DP Terms and Conditions; (iii) Rupifi shall not, in any manner, be liable to You for any failure or delay by any Partner Merchant or Partner Financial Institution in providing the BNPL Option or, as the case may be, the Credit Line Option; (iv) Rupifi shall not, in any manner, be liable to You for the sale, quality and delivery of any product and/or service, delays or incorrect deliveries or non-receipt of products/services pursuant to any BNPL Transaction or Credit Line Transaction undertaken by You; and (v) Rupifi shall not be responsible, in any manner whatsoever, for any costs, expenses, fees, charges, loss or damages incurred by You for a failed, delayed, or incomplete BNPL Transaction and/or Credit Line Transaction undertaken by You.
- You irrevocably and unconditionally assume the entire risk of using Rupifi Portal and entering into BNPL Transactions and/or Credit Line Transactions. To the maximum extent permitted by Applicable Law, Rupifi shall in no event be liable to You for: (i) any special, incidental, exemplary, indirect, punitive or consequential damages whatsoever (including, without limitation, damages for loss of goods and/or services, loss of business profits, business interruption, loss of information, or any other pecuniary loss), arising out of the use of, or inability to use or access, Rupifi Portal and to enter into any BNPL Transaction and/or to enter into any Credit Line Transaction, or for any security breach or any virus, bug, un-authorized intervention, defect, or technical malfunctioning of Rupifi Portal, whether or not foreseeable and whether or not Rupifi has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action; or (ii) any other claim arising out of or in connection with Your use of, or access to, the Rupifi Platform, the BNPL Option and/or the Credit Line Option. Rupifi shall not be liable to You for any suspension or discontinuance (temporary or permanent) of the services provided by Rupifi to any Partner Merchant and/or You or for any consequences resulting from such actions. You acknowledge and agree that Rupifi Portal, Partner Financial Institution’s platform, and/or the Partner Merchant Website may be interrupted while browsing, transacting, using or uploading information.
- All products and/or services made available to You by the Partner Merchant are provided on an ‘as is’ and ‘as available’ basis, without any representations and warranties, express or implied, by Rupifi or Partner Financial Institution. Rupifi and/ or Partner Financial Institution do not make any representations in relation to the information, content, products and/or services made available to You by the Partner Merchant. You hereby irrevocably and unconditionally acknowledge and agree that Rupifi and/or the Partner Financial Institution are not responsible or liable in any manner, under any circumstances whatsoever, for the products and/or services purchased by You from the Partner Merchant; any liabilities towards any direct, indirect, consequential or punitive damages due to deficiencies, inferior quality, merchantability, fitness for any purpose, pricing and/or specifications of products and/or services; and/or in relation to any issue or dispute relating thereto.
- You acknowledge and agree that Rupifi and/ or the Partner Financial Institution shall not be liable for failure of any Transaction for any reason whatsoever, including but not limited to, any non-performance or omission or commission on the part of the Partner Merchant, deficiency of services rendered and/or products delivered and technical errors on the Partner Merchant Website. You acknowledge and agree that You shall be solely liable for any losses, disputes and/or fraudulent Transactions undertaken with the Partner Merchant platform and that Rupifi and/or the Partner Financial Institution shall have no liabilities in this regard.
- The Credit Line Option is made available to you at the sole discretion of the Partner Financial Institution. Rupifi will not in any way be responsible to You for any non-approval or non-disbursement or failure or delay or early recall or changes to any terms of the Credit Line Option (including the applicable fees and charges, rate of interest or date of payment) by the Partner Financial Institution in relation to the Credit Line Option.
- You further agree, acknowledge and confirm that under the aforesaid circumstances Your only recourse will be against the Partner Merchant or as the case may be, the Partner Financial Institution, and Rupifi will neither be a necessary nor a proper party to any such issue and/or dispute between Yourself and the Partner Merchant or as the case may be, the Partner Financial Institution.
Termination
- Rupifi may at any time suspend and/or terminate, in whole or in part, the services and activities performed by Rupifi in relation to the BNPL Option and/ or the Credit Line Option (including as set out hereunder) for any reason whatsoever, including for reasons of breach by the User of these DP Terms and Conditions and/or any of the policies made available on Rupifi Portal.
- You may terminate Your arrangement with Rupifi in relation to the User Account by writing to the customer care team of Rupifi at support@rupifi.com, and after payment of all amounts due and payable to Rupifi, the Partner Merchant and/ or Partner Financial Institution. Notwithstanding the termination of Your arrangement, the use of Your Personal Information by Rupifi will be subject to the terms of the Rupifi Privacy Policy.
- In the event of any termination or suspension of services or the User Account, You shall be liable to pay in full all amounts due and payable to Rupifi, the Partner Merchant and/ or Partner Financial Institution as set out in the Statement and any such amounts as provided under these DP Terms and Conditions.
Intellectual Property
- You acknowledge and agree to abide by the terms of Clause 14 (Intellectual Property) of the General Terms and Conditions in relation to the Intellectual Property of Rupifi.
- All the contents on Rupifi Portal and all information and material in relation to the BNPL Option and the Credit Line Option provided by Rupifi is the copyright of Rupifi, except for any third party content and any link to third party websites. Rupifi does not represent or endorse the accuracy or reliability of any such third party content or websites or the quality of any products, information or other materials displayed, or obtained by You by relying on or, as the case may be, accessing, third party content or third party websites.
- Nothing contained herein or in these DP Terms and Conditions shall authorize You to use, display or exploit the rights of Rupifi in relation to the Intellectual Property without the prior written consent of Rupifi.
Terms And Conditions
Clause 11 (Notices), Clause 12 (Grievance Redressal Mechanism), Clause 13, (Governing Law and Jurisdiction), and Clause 15 (Miscellaneous) of the General Terms and Conditions shall mutatis mutandis apply to these DP Terms and Conditions.By accepting the DP Terms and Conditions in such mode as may be specified by Rupifi from time to time, or by virtue of usage of Rupifi Portal, the BNPL Option and/or the Credit Line Option, or by virtue of the continued usage thereof, You:
- confirm that You are eligible under Applicable Law to enter into a valid contract and confirm that these DP Terms and Conditions constitute a valid, binding and enforceable contract between You and Rupifi; and
- accept these DP Terms and Conditions.
This document is published in accordance with the provisions of Rule 3(1)(a) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.