This is a legal Agreement (hereinafter referred to as “Terms of Use/Terms”) between you (the person accessing, viewing or otherwise using the Platform (as defined hereinafter), and hereinafter referred to as "You", "Your", "Yourself" or "User" as per the context and RUPIYA FINNOVATIONS PRIVATE LIMITED, a company incorporated under the Companies Act, 2013 bearing Corporate Identification Number U72900GJ2021PTC127242 and having its Registered Address at 1005-1006, 10th floor, Ganesh Glory, Near Ganesh Genesis SG Highway, jagatpur , Ahmedabad, Gujarat – 382470, or any of its subsidiaries, hereinafter referred to as "Company", "We", "Our" or "Us", which term shall include its affiliates, permitted assigns and successors.
The Company owns and operates mobile/web applications, by the trade names "RupiyaApp" (“the App") available on the Google Play Store, iOS and other similar platforms and also operates a website https://www.rupiya.app (the "Website"). The App and the Website shall be collectively referred to as the “Platform”.
Please read the Terms of Use carefully before using or registering on the Platform or accessing any material, information or Services through the Company. If you use the Services offered by Company or visit our Platform ‘rupiya.app’, or any other inbound or outbound linked pages, content and any other services offered by Company in connection with any of the above, you give your absolute, irrevocable and unconditional consent to abide by this Terms of Use and be legally bound by the same. Further, you are hereby acknowledging and consenting to collection and use of information, if any, as described in these Terms of Use. You may not use the Services if you do not accept the Terms of Use.
You may not further use the Services if you are not of legal age to form a binding contract with the Company. You further represent that you are not barred from receiving Services under any and all applicable laws. The Company reserves the right to refuse access to the Platform or Services to new users or to terminate access granted to existing users at any time.
If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to this Terms of Use, in which case the terms “you” or “your” (as further defined below) will refer to such entity. If you do not have such authority, or if you do not agree with these terms and conditions, you must not accept this Agreement and may not use the services.
You may not access the Services if you are a direct competitor of Company or it’s affiliates, except with prior written consent. In addition, you may NOT access the Services for the purpose of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purpose.
“Company”: Rupiya Finnovations Private Limited, its Affiliates, successors, and permitted assigns including but not limited to its, agents, officers, directors, consultants, and employees. Company is also referred to as the “Collecting Entity”.
“Platform”: Any website or portion of a website and mobile App owned and/or operated by the Company which requires login credentials to gain access or utilize Services namely website having address https://rupiya.app and Mobile Applications owned by the Company with a name “Rupiya”.
“Reasonable Security Practices and Procedures” shall have the meaning assigned to it in the Information Technology Act.
“Sensitive Personal Data and Information or “SPDI” shall have the same meaning as the term “SPDI” in Rule 3 of the SPDI Rules. “Sensitive personal data or information of a person means such personal information which consists of information relating to:— (i)password;(ii) financial information such as Bank account or credit card or debit card or other payment instrument details; (iii) physical, physiological and mental health condition; (iv) sexual orientation; (v) medical records and history; (vi) Biometric information;(vii) any detail relating to the above clauses as provided to body corporate for providing service; and (viii) any of the information received under above clauses by body corporate for processing, stored or processed under lawful contract or otherwise:
provided that, any information that is freely available or accessible in public domain or furnished under the Right to Information Act, 2005 or any other law for the time being in force shall not be regarded as sensitive personal data or information for the purposes of these rules.”
“Service(s)”: Services mean and include online KYC services, wallet services, recharge services, pay bills services, fast tag, AePS & DMT services, flight, hotel & bus booking services and such other services as may be provided by the Company on the Platform from time to time, as more particularly defined in Clause 3 herein below;
“SPDI Rules” shall mean the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011.
“Terms of Use”/“Agreement”: This document and any terms or conditions listed within.
“User” / “Registrant” / “You” / “Your” : Any individual or entity who uses Services whether digital or offline and/or any person or entity authorized by Company to use the Services through login credentials.
The Company owns and operates mobile/web applications, by the trade names "Rupiya" available on the Google Play Store, iOS and other similar platforms and also operates a website “https://www.rupiya.app” (collectively “Platform”).
Any person who uses the Services of Company or merely browses the Platform agrees that he/she has read, understood, and has agreed to be bound by this Terms of Use as well as all other policies, conditions and guidelines incorporated by reference in this document, including the Privacy Policy available through the Privacy Policy page.
In order to use the Services, you will have to register on the Platform and create an account (“Account”). You are prohibited from transferring your Account to another party. If you become aware of any unauthorized access of your Account information or any other breach of security, you shall immediately notify the Company, not later than 1 (one) day from becoming aware of such unauthorized use. You may be held liable for losses incurred by the Company or any other user or visitor to the Platform due to unauthorized or authorized use of your Account as a result of your failure in keeping your Account information secured and confidential.
You may be permitted to access the Service only upon creating an Account and obtaining a registration on the Platform. Your ability to continue using the Services is subject to your continued registration on the Platform.
You shall ensure and confirm that the Account information provided by you is complete, accurate and up to date. If there is any change in the Account information, you shall promptly update your Account information on the Platform. The Company reserves the right to terminate or suspend your Account if any of the Account information provided by you is found to be untrue, inaccurate, or incomplete, in addition to any right that the Company may have against you at law or in equity, for any misrepresentation or information provided by you.
The Company in its 1st Phase of operations have decided to cater you various services such as online KYC services, wallet services, recharge, bill payments, fast tag recharge, AePS & DMT, flight ticket Booking, hotel booking and bus ticket booking. The said Services shall be provided by the Company through different third party(s). Accordingly, while availing such Services, in addition to the these Terms, you shall also be bound by the terms and conditions of each such platform (which shall be deemed to be incorporated herein by reference) providing the respective Service.
Company may change any condition in this Terms of Use including other policies, conditions, and guidelines governing the Service; at any time, at its sole discretion; and the Company is not required to notify you of such changes, whether you are a registered user or not. You are requested to review such changes from time to time and regularly visit the home page to view the most current Terms of Use. It shall be your responsibility to check these Terms of Use periodically for changes.
Your continued use of the Services following any change to this Terms of Use and/or the changes effected in the Service will constitute as your acceptance of such changes.
All data whether collected automatically while you use the Service(s) or provided otherwise by you with an intention to use the Service(s), including all communication with Company, including its employees, officers and associated third parties WILL BE SOLE PROPERTY OF THE COMPANY.
Discontinuation of Services either by you or the Company, whether after use or due to disagreement with any conditions or changes in the terms of use; will not result in any change of ownership of data and the data thus collected will continue to be sole property of Company.
The Company is only a facilitator amongst its clients/registered users. Any contract between you and any other registered user/third party service provider used by the Company (“Third Party”) on the Platform shall be strictly a contract between you and such registered user(s) and the Company shall not be a party to the same. The risk of any losses or damages incurred by you due to any such contract or usage of any information or data provided on the Platform shall be solely upon you. The Company shall not and is not required to mediate or resolve any dispute or disagreement between you and such registered user(s) / third party.
Company has not independently verified and does not guarantee the accuracy, completeness, timeliness, reliability, suitability or usefulness of any portion of the Services, the website, or any content or information provided in the Platform.
Usefulness of service, its feature, functionalities, and information, offered by Company, including the correctness and accuracy of information, is your own discretion. Company will always strive to offer the best service.
By using the Service, you consent to receive certain electronic communications from us. Such electronic communication shall be for your own perusal and shall not transmitted in any manner whatsoever.
Company will welcome your request for additional services, suggestions, and comments however the implementation or acceptance of such requests, suggestions, or comments will be at sole discretion of Company.
Company or any of its employees, directors, or officers will not be responsible for any action you take on the basis of information or data provided by Company, which may result in any litigation, legal proceedings, or material damages that may occur to you or to any third party.
If you have a complaint for any interruption or error in the Company or the service of Company, then Company shall remove or cure such interruption or error within a reasonable time period.
The User hereby represents and warrants that all information that is provided by the User through or in relation to the Services is valid, complete, true, and correct on the date of acceptance of the Terms and the user shall update the documents if there is any change, so the documents continue to be valid, complete, true, and correct throughout the duration of the User's use of the Platform.
Further, the User agrees and acknowledges that the Company does not accept any responsibility or liability for any loss or damage the User may suffer or incur if any information, documentation, material, or data provided to avail the Services is incorrect, incomplete, inaccurate, or misleading, or if the User fails to disclose any material fact.
The User hereby agrees to permit Company to provide all the information shared by the User to its Third Party vendors for the purpose of providing effective Services to the User. This will be considered as a permission given by the User is accordance with Section 6 (Disclosure of Information) Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011.
The User shall be solely responsible for ensuring compliance with applicable laws and shall be solely liable for any liability that may arise due to a breach of its obligations in this regard.
By using the Platform to avail any Services, the User agrees that the User is involved in the transmission of sensitive and Personal Information, including but not limited to personal details, AADHAR details, banking details registration information and mobile number (collectively "SPI"), which falls within the ambit of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011. The Company shall take necessary steps to secure and maintain the confidentiality of the SPI that is transmitted in compliance with the Privacy Policy, the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 and Information Technology (Security of Prepaid Payment Instruments) Rules, 2017 and other applicable laws.
The User shall use the Services in any manner as permitted in this Term. The User may not:
The User shall be solely responsible for compliance with all the applicable laws including without limitation the Prevention of Money Laundering Act, 2002 and the rules made thereunder. The Company shall not be responsible for any claims or liability or losses that may arise due to noncompliance of the anti-money laundering laws in India.
At this stage the Company is not charging any subscription fees from the USER. The Company reserves the right to charge subscriptions fees in future. In the event when the Company initiates charging of subscription fees, your access to the Platform will be subject to payment of such subscription fees.
For the purposes of these Terms of Use, “Confidential Information” is defined as written business information, strategies, technical data, information, trade secrets and/or other proprietary information of Company relating to the product or process that is a part of the Company that is not disclosed to the public in the ordinary course of business and may or may not be marked as “Confidential Information”.
You agree and covenant to keep confidential all the information that you may have access to and/or possess by using our Platform or Services. Such confidential information shall, without limitation, include, information relating to technical, contractual, product, pricing and other valuable information that should be reasonably understood as confidential.
You hereby agree to use the same degree of care that you use to protect your own confidential information and will not use the Confidential Information, except for it’s intended use, and will not disclose to third parties the said Confidential Information except upon written permission of Company or where otherwise required by law. Company is and shall remain the owner of the said Confidential Information and, upon termination of your subscription to the Company you will return any Confidential Information to the Company. Your obligations relating to Confidential Information shall not extend to information which: (a) is in or comes into the public domain from a source other than the Company; (b) was independently known or developed by you or already possessed by you at the time of disclosure; (c) came from a third party source not under obligation to the Company to maintain confidentiality thereof; and/or (d) is required to be disclosed by operation of law.
You agree and acknowledge that nothing herein shall give you any right, title or interest in the Company’s Intellectual Property Rights or its Proprietary Information.
You agree to the use of the Services only, (i) for the purposes that are permitted by this Terms of Use, and (ii) in accordance with any applicable law or general accepted practices or guidelines of the relevant jurisdictions.
You agree not to access (or attempt to access) the Platform or Services by any means other than through the interface that is provided by the Company. You shall NOT use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform.
The Platform and the processes and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, computer code and data/information on the Platform is owned and controlled by the Company.
The trademarks, logos and service marks displayed on the Platform are the property of the Company or respective third parties. You are not permitted to use the marks without the prior consent of the Company or the third party that may own the marks.
Except as expressly provided herein, you acknowledge and agree that you shall not copy, republish, post, display, translate, transmit, reproduce or distribute any content through any medium without obtaining the necessary authorization from the Company.
The Company will use any personal information the User provides to the Company to:
The Company will follow the following flow while using / processing the personal information:
Any content data, information of the Company (collectively “Proprietary Information”) published on the Platform and other intellectual property laws are the property of Company. Except as permitted herein, you will not directly or indirectly copy Proprietary Information” published on the Platform, in whole or in part, without the express written consent of Company. You shall not decompile, disassemble, electronically transfer, access the data programmatically, de-encrypt, or reverse engineer the Proprietary Information or translate it into another computer language. All Inquiries regarding permission to copy or use Platform or the Proprietary Information in any other manner should be directed to Company’s executive representative. The restrictions set forth in this section shall survive the termination of this Agreement.
You expressly understand and agree that your use of the Platform and Services is at your sole risk and that the Services are provided ‘AS IS’ and ‘AS AVAILABLE’ without warranty or any kind, express, implied, statutory or otherwise.
The Company, its subsidiaries or affiliates do not represent or warrant to you that, (i) the Platform and your use of the Services shall meet your requirements, (ii) your use of the Platform or Services shall be free from error, timely, secure, or uninterrupted, or (iii) any errors or defects in the Services or the Platform will be corrected. No advice or information, whether oral or written, obtained by you from the Company or through or from use of the Services shall create any warranty not expressly stated in the Terms of Use.
The Company will not be liable for any loss that you may incur as a consequence of unauthorized use of your Account or Account information in connection with the Platform or any Services, either with or without your knowledge.
The Company has endeavoured to ensure that all the information on the Platform is correct, but the Company neither warrants nor makes any representations regarding the quality, accuracy, or completeness of any data, information, or Service. The Company shall not be responsible for the delay or inability to use the Platform or related functionalities, failure to provide functionalities, or for any information, software, functionalities and related graphics obtained through the Platform, or otherwise arising out of the use of the Platform, whether based on contract, tort, negligence, strict liability or otherwise. Further, the Company shall not be held responsible for non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Platform that may occur due to technical reasons or for any reason beyond the Company’s control. The Company accepts no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties.
Any material or data downloaded or otherwise obtained through the use of the Platform is done at your own discretion and risk. You shall be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material or data.
You agree to indemnify, defend and hold harmless the Company from and against any and all losses, liabilities, claims, damages, demands, costs, and expenses (including legal fees and disbursements in connection with the use of Services and interest chargeable thereon) asserted against or incurred by the Company that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms of Use.
Further, you agree to hold the Company harmless against any claims made by any third party due to, or arising out of, or in connection with, your use of the Platform or Services, your material causing damage to a third party, your violation of the Terms of Use, or your violation of any rights of another, including any intellectual property rights. Company reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are permitted to indemnify the Company and you agree to cooperate with our defence of these claims. You agree not to settle any matter without prior written consent or Company.
You expressly understand and agree that the Company, its subsidiaries and/or affiliates and its officers, directors, consultants, agents, employees, or vendors shall not be liable to you, or any third party for:
In no event will our aggregate liability arising out of or related to these Terms of Use, whether in contract, tort, or under any other theory of liability, exceed the total amount paid by you with respect to the concerned transaction, pursuant to using the Services.
In no event will Company have any liability to you for any lost profits or revenues or for any direct, special, incidental, consequential, cover, or punitive damages however caused, whether in contract, tort, or under any other theory of liability, and whether or not Company have been advised of the possibility of such damages. The foregoing disclaimer shall not apply to the extent prohibited by applicable law.
The limitations on the Company’s liability to you, as set out herein above shall apply, whether or not such loss or damages were foreseeable and whether or not the Company has been advised of or should have been aware of the possibility of any such losses or damages.
The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.
For your convenience, the Platform may provide links to the sites of affiliated companies and certain other businesses, which may not be in our control. You acknowledge that the Company does not endorse these linked sites (even if they pop up in a frame) or any links contained in these linked sites. We are not responsible for examining or evaluating, and we do not warrant the offerings of any of these businesses or individuals or the content of their website. The Company does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
The Terms of Use will continue to apply until terminated by either you or the Company as set forth below.
If you want to terminate your agreement with the Company, you may do so by (i) closing your Account on the Platform; and (ii) not accessing the Platform.
The Company may at any time, at its sole discretion, with or without notice, terminate the Terms of Use with you if:
The Company may also terminate or suspend all or a portion of your Account or access to the Services with or without reason. Termination of your Account may include: (i) removal of access to all offerings within the Platform or with respect to the Services; (ii) deletion of your materials and Account Information, including your personal information, log-in ID and password, and all related information, files and materials associated with or inside your Account; and (iii) barring of further use of the Services.
You agree that all terminations shall be made in the Company’s sole discretion and that the Company shall not be liable to you or any third party for any termination of your Account (and accompanying deletion of your Account Information), or your access to the Platform and Services.
The termination of your Account shall not relieve you of any liability that you may have incurred or may incur in relation to use of Services provided prior to such termination. If you or the Company terminate your use of the Platform, the Company may delete any content or other materials relating to your use of the Platform and Services and the Company will have no liability to you or any third party for doing so.
Upon termination of this Terms due to any reasons whatsoever, the User shall forthwith discontinue usage / access of the Platform or the Services in any manner whatsoever. The registered account of the User shall be suspended and the User shall not have any right to access the same in any manner whatsoever.
The Company will retain the data provided till it is required under any provision of law and thereafter it will destroy the same.
Upon termination of the Terms of Use, the warranty disclaimers, limitation of liabilities, indemnities and governing law provision stated in this Terms of Use shall survive.
You are contracting with the following company under this Terms of Use and you should direct any and all notices to grievance@rupiya.app.
Except as otherwise specified, all notices, permissions, and approvals hereunder must be in writing and shall be deemed to be received upon personal delivery, or the 5th(fifth) business day after mailing. Notices to you shall be addressed to the system administrator designated by you for your relevant services account, and or the contact information provided during registration for the Platform and/or other Services.
In an event of any dispute, controversy, claims arising out of or relating to this Agreement, termination or invalidity thereof shall be referred to and finally resolved by arbitration under the provisions of the Arbitration and Conciliation Act, 1996. The Arbitration proceedings shall be conducted in English.
The Arbitral Tribunal shall be composed of Sole Arbitrator, appointed by the Parties to the Agreement jointly. Cost of Arbitration shall be equally be borne.
The principles of natural justice must be observed in the arbitration proceedings. The seat and venue of Arbitration shall be at Ahmedabad. The Arbitration award shall be final and binding upon both Parties hereto.
This Agreement will be governed by Indian Law. Subject to Dispute Resolution, Competent Courts at Ahmedabad alone shall have exclusive jurisdiction to try, entertain any dispute arising out of or in connection with this Agreement.
Any failure of the Company to enforce at any time, or for any period of time, any of the provisions of the terms of use shall not be construed as a waiver of such provisions, or of any obligations, or of the right of the Company thereafter to enforce each and every such provision.
If any provision of this Terms of Use are held by a court of competent jurisdiction to be contrary to law, the provisions shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of these Terms of Use shall remain in effect.
You may not assign any of your rights or obligations hereunder, whether by operation of law or otherwise, without prior written consent of Company. Subject to the foregoing, these Terms of Use shall bind and inure to the benefit of the parties, their respective successors and permitted assigns.
These Terms of Use read together with the Privacy Policy constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements, proposals, or representations, whether written or oral, concerning its subject matter.
No modification, amendment, or waiver of any provision of these Terms of Use will be effective unless in writing and either signed or accepted electronically by the party against while the modification, amendment, or waive is to be asserted.