TERMS AND CONDITIONS

THIS IS AN AGREEMENT BETWEEN YOU OR THE ENTITY THAT YOU REPRESENT (hereinafter "You" or "Your") AND WTEX FINTECH PRIVATE LIMITED GOVERNING YOUR USE OF THE PRODUCT AND SERVICES PROVIDED BY THE PLATFORM

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We WTEX Fintech Private Limitedan entity having its registered office at "A261 Zonasha Paradiso Alpine Eco Road, Doddenekundi, Bangalore 560048" and hereinafter referred to as the "Company" (where such expression shall, unless repugnant to the context thereof, be deemed to include its respective legal heirs, representatives, administrators, permitted successors and assigns).

The creator of these Terms ensures a steady commitment to your use of the platform. This Terms of Service contains information about our mobile app and the services provided by the Platform (hereinafter referred to as the "Platform" ).

DEFINITION

For the purpose of these Terms of Use ("Terms"), wherever the context so requires,

  1. "We", "Our", and "Us" shall mean and refer to the website and/or the Company, as the context so requires.
  2. "You", "Your", "Yourself", "User", shall mean and refer to natural and legal Users who use the Platform and who are competent to enter into binding contracts.
  3. "Third Parties" refer to any Platform, company or individual apart from the User, and the creator of this Platform.
  4. "Platform" refers to the Website/Domain/mobile app created (from time to time) by the Company which provides services of the Company through the use of the Platform.
  5. The headings of each section in these Terms are only for the purpose of organizing the various provisions under these Terms in an orderly manner and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal or contractual value.
  6. The use of this Platform by the Users is solely governed by these Terms as well as the Privacy Policy and other policies as listed on the Platform, and any modifications or amendments made thereto by the Company, from time to time, at its sole discretion. If You continue to access and use this Platform, you are agreeing to comply with and be bound by the following Terms and Conditions of Use and Our Privacy Policy. The User expressly agrees and acknowledges that these Terms and Policy are co-terminus in nature and that expiry/termination of either one will lead to the termination of the other.
  7. The User unequivocally agrees that these Terms and the aforementioned Policy constitute a legally binding agreement between the User and the Company, and that the User shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by the Platform, and that the same shall be deemed to be incorporated into these Terms, and shall be treated as part and parcel of the same. The User acknowledges and agrees that no signature or express act is required to make these Terms and the Policy binding on the User and that the User's act of visiting any part of the Platform constitutes the User's full and final acceptance of these Terms and the aforementioned Policy.
  8. The Company reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the User, and the User expressly agrees that any such amendments or modifications shall come into effect immediately. The User must periodically check the terms and stay updated on its requirements. If the User continues to use the Platform following such a change, the User will be deemed to have consented to any amendments/modifications made to the Terms. In so far as the User complies with these Terms, it is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to access and use the Platform and the Services. If the User does not adhere to the changes, You must stop using the Services at once. Your continued use of the Services will signify your acceptance of the changed terms.

GENERAL TERMS

  1. The headings of each section in these Terms are only for the purpose of organizing the various provisions under these Terms in an orderly manner and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal or contractual value.
  2. The use of this Platform by the Users is solely governed by these Terms as well as the Privacy Policy, and any modifications or amendments made thereto by the Company, from time to time, at its sole discretion. If you continue to access and use this Platform, you are agreeing to comply with and be bound by the following Terms and Conditions of Use and Our Privacy Policy. The User expressly agrees and acknowledges that these Terms and Policy are co-terminus in nature and that expiry/termination of either one will lead to the termination of the other.
  3. The User unequivocally agrees that these Terms and the aforementioned Policy constitute a legally binding agreement between the User and the Company, and that the User shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by the Platform, and that the same shall be deemed to be incorporated into these Terms, and shall be treated as part and parcel of the same. The User acknowledges and agrees that no signature or express act is required to make these Terms and the Policy binding on the User and that the User's act of visiting any part of the Platform constitutes the User's full and final acceptance of these Terms and the aforementioned Policy.
  4. The Company reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the User, and the User expressly agrees that any such amendments or modifications shall come into effect immediately. If the User does not adhere to the changes, they must stop using the Services at once. Their continuous use of the Services will signify your acceptance of the changed terms

SERVICES AND PLATFORM OVERVIEW

REGISTRATION

The Users may be required to register on the Platform to access the Platform and its Services. Our team may coordinate with You for the same.

ELIGIBILITY

The User represents and warrants that they are competent and eligible to enter into legally binding agreements and are of majority age as per the local laws of the Country the User is operating out of and that they have the requisite authority to bind themselves to these Terms under the Law.

CONTENT

All text, graphics, User interfaces, visual interfaces, photographs, trademarks, logos, brand names, descriptions, sounds, music and artwork (collectively, 'Content' ), is generated/provided or based on information provided by financial institutions or third Parties and the Platform has no control and make no guarantees regarding the quality, the accuracy, integrity or genuineness of such offers, agreements, statements or such other information provided by the financial institutions or third Parties on the Platform.

All the Content displayed on the Platform is subject to copyright and shall not be reused by any Party (or a third Party) without the prior written consent of the Company and the copyright owner.

INDEMNITY

The Users of this Platform agree to indemnify, defend and hold harmless the Company/Platform, and their respective directors, officers, employees and agents (collectively, "Parties" ), from and against any losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by us that arise out of, result from, or maybe payable by, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed according to these terms of use. Further, the User agrees to hold the Company/Platform harmless against any claims made by any third Party due to, or arising out of, or in connection with:

  1. User's use of the Platform,
  2. User's violation of these Terms and Conditions;
  3. User's violation of any rights of another;
  4. User's alleged improper conduct according to these Terms;
  5. User's conduct in connection with the Platform;

User agrees to fully cooperate in indemnifying the Company and the Platform at the User's expense. The User also agrees not to settle with any Party without the consent of the Company.

In no event shall the Company/Platform be liable to compensate the User or any third Party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not the Company/ Platform had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the User's use of or access to the Platform and/or the Services or materials contained therein.

LIMITATION OF LIABILITY

  1. The Founders/ Promoters/ Partners/ Associated people of the Company/Platform are not responsible for any consequences arising out of the following events:
  2. If the Platform is inoperative/non-responsive due to any connectivity errors associated with the internet connection such as but not limited to slow connectivity, no connectivity, server failure;
  3. If the User has fed incorrect information or data or for any deletion of data;
  4. If there is an undue delay or inability to communicate through email;
  5. If there is any deficiency or defect in the Services managed by Us;
  6. If there is a failure in the functioning of any other service provided by the Platform.
  7. The Platform accepts no liability for any errors or omissions, on behalf of itself, or for any damage caused to the User, the User's belongings, or to any third Party, resulting from the use or misuse of the Platform or any service availed of by the User through the Platform. The service and any Content or material displayed on the service is provided without any guarantees, conditions or warranties as to its accuracy, suitability, completeness or reliability. The Platform will not be liable to you for the unavailability or failure of the Platform.
  8. Users are to comply with all laws applicable to them or their activities, and with all Policies, which are hereby incorporated into this Agreement by reference.
  9. The Platform expressly excludes any liability for any loss or damage that was not reasonably foreseeable by the Platform and which is incurred by you in connection with the Platform, including loss of profits; and any loss or damage incurred by you as a result of your breach of these terms.

To the fullest extent permitted by law, the Platform shall not be liable to you or any other Party for any loss or damage, regardless of the form of action or basis of any claim. You acknowledge and agree that your sole and exclusive remedy for any dispute with us is to terminate your use of the Platform.

TERM & TERMINATION

  1. These Terms shall continue to form a valid and binding contract between the Parties and shall continue to be in full force and effect until the User continues to access and use the Services and Platforms.
  2. A User may terminate their use of the Services and the Platform at any time. Notwithstanding anything contained herein the User shall be liable to pay all outstanding dues incurred in relation to the Services before such termination.
  3. The Company may terminate these Terms without notice and/or suspend or terminate a User's access to the Platform at any time and for any reason, if any discrepancy or legal issue arises.
  4. Such suspension or termination shall not limit our right to take any other action against you that the Company considers appropriate.
  5. It is also hereby declared that the Company may discontinue the Services and Platforms without any prior notice.
  6. The Company and its members reserve the right, in its sole discretion, to unilaterally terminate the User's access to the Services, or any portion thereof, at any time, without notice or cause.
  7. The User shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that the User shall not have the right to terminate these Terms till the expiry of the same.

USER OBLIGATIONS AND FORMAL UNDERTAKINGS AS TO CONDUCT

The User agrees and acknowledges that they are a restricted User of this Platform and that they:

  1. Understand and acknowledge that the data submitted is auto filled into the database of the Platform. The User also acknowledges the fact that data so entered into the database is for easy and ready reference for the User, and to streamline the Services through the Platform.
  2. Authorize the Platform to use, store or otherwise process certain personal information and all published Content, Client responses, Client locations, User comments, reviews and ratings for personalization of Services, marketing and promotional purposes and for optimisation of User-related options and Services.
  3. Understand and agree that, to the fullest extent permissible by law, the Platform/Company and their successors and assigns, or any of their affiliates or their respective officers, directors, employees, agents, licensors, representatives, operational service providers, advertisers or suppliers shall not be liable for any loss or damage, of any kind, direct or indirect, in connection with or arising from the use of the Platform or this terms of use, including, but not limited to, compensatory, consequential, incidental, indirect, special or punitive damages.
  4. Are bound not to cut, copy, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or obtained from the Platform. Any such use/limited use of the Platform will only be allowed with the prior express written permission of the Company.
  5. Agree not to access (or attempt to access) the Platform and/or the materials or Services by any means other than through the interface provided by the Platform. The use of deep-link, robot, spider or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or its content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any content, or to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform will lead to suspension or termination of the User's access to the Platform. The User acknowledges and agrees that by accessing or using the Platform or any of the Services provided therein, it may be exposed to content that it may consider offensive, indecent or otherwise objectionable. The Company disclaims any liabilities arising concerning such offensive content on the Platform.
  6. Expressly consents to follow the terms and conditions, and policies of the Vendor affiliated with the Company from whom the Users are utilizing services.

The User further undertakes not to:

  1. Engage in any activity that interferes with or disrupts access to the Platform or the Services provided therein (or the servers and networks which are connected to the Platform);
  2. Impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity;
  3. Probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform. The User may not reverse look-up, trace or seek to trace any information relating to any other User of, or visitor to, the Platform, or any other viewer of the Platform, including any User account maintained on the Platform not operated/managed by the User, or exploit the Platform or information made available or offered by or through the Platform, in any manner;
  4. Disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers or networks connected to or accessible through the Platform or any affiliated or linked Platforms;
  5. Use the Platform or any material or content therein for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Platform or any other third Party (s);
  6. Violate any code of conduct or guideline which may apply for or to any particular service offered on the Platform;
  7. Violate any applicable laws, rules or regulations currently in force within or outside India;
  8. Violate any portion of these Terms or the Privacy Policy, including but not limited to any applicable additional terms of the Platform contained herein or elsewhere, whether made by amendment, modification, or otherwise;
  9. Commit any act that causes the Company to lose (in whole or in part) the Services of its Internet Establishment ( "ISP" ) or in any manner disrupts the Services of any other supplier/service provider of the Company/Platform;

Further:

  1. The User hereby expressly authorizes the Company/Platform to disclose any and all information relating to the User in the possession of the Company/Platform to law enforcement or other government officials, as the Company may in its sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involve personal injury and theft/infringement of intellectual property. The User further understands that the Company/Platform might be directed to disclose any information (including the identity of persons providing information or materials on the Platform) as necessary to satisfy any judicial Order, law, regulation or valid governmental request.
  2. By indicating User's acceptance to purchase any product or service offered on the site, the User is obligated to complete such transactions after making payment. Users shall prohibit from indicating their acceptance to avail services where the transactions have remained incomplete.
  3. The User agrees to use the services provided by the Company, its affiliates, consultants and contracted companies, for lawful purposes only.
  4. The User agrees to provide authentic and true information. The Company reserves the right to confirm and validate the information and other details provided by the User at any point of time. If upon confirmation such User details are found to be false, not to be true (wholly or partly), the Company shall in its sole discretion reject the registration and debar the User from using the Services available on its Website, and/or other affiliated websites without prior intimation whatsoever.

SUSPENSION OF USER ACCESS AND ACTIVITY

Notwithstanding other legal remedies that may be available, the Company may in its sole discretion, limit the User's access and/or activity by immediately removing the User's access credentials either temporarily or indefinitely, or suspend/terminate the User's association with the Platform, and/or refuse to the usage of the Platform to the User, without being required to provide the User with notice or cause:

  1. If the User is in breach any of these Terms or the Policy;
  2. If the User has provided wrong, inaccurate, incomplete or incorrect information;

If the User's actions may cause any harm, damage or loss to the other Users or the Company, at the sole discretion of the Company.

INTELLECTUAL PROPERTY RIGHTS

Unless expressly agreed to in writing, nothing contained herein shall give the User a right to use any of the Platform's trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports and other distinctive brand features, save according to the provisions of these Terms. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by the Platform and other distinctive brand features of the Platform are the property of the Company or the respective copyright or trademark owner. Furthermore, concerning the Platform created by the Company, the Company shall be the exclusive owner of all the designs, graphics and the like, related to the Platform.

The User may not use any of the intellectual property displayed on the Platform in any manner that is likely to cause confusion among existing or prospective Users of the Platform, or that in any manner disparages or discredits the Company/Platform, to be determined in the sole discretion of the Company.

The User is aware of all intellectual property, including but not limited to copyrights, relating to said services residing with the owners, and that at no point does any such intellectual property stand transferred from the aforementioned creators to the Company or any other User.

The User is further aware that any reproduction or infringement of the intellectual property of the aforementioned owners by the User will result in legal action being initiated against the User by the respective owners of the intellectual property so reproduced/infringed upon. It is agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.

DISCLAIMER OF WARRANTIES AND LIABILITIES

  1. The User agrees and undertakes that they are accessing the Platform at their sole risk and that they are using their best and prudent judgment before availing any service listed on the Platform or accessing/using any information displayed thereon.
  2. The User agrees that any kind of information, resources, activities, recommendations obtained/availed from Platform, written or oral, will not create any warranty and the Platform disclaims all liabilities resulting from these.
  3. The Platform does not guarantee that the Services contained in the Platform will be uninterrupted or error-free, or that the Platform or its server will be free of viruses or other harmful components, and the User hereby expressly accepts any associated risks involved with the User's use of the Platform.
  4. The User acknowledges that We may be categorized as lending service providers of its partner banks and to that extent we may use your data for the purposes of facilitating provision of services of our partner banks

It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.

ORGANIZATION SECURITY

  1. Our Policy has been prepared under the provisions of the (Indian) Contract Act, 1872, (Indian) Information Technology Act, 2000 (“IT Act”) and the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (“IT Rules”) promulgated thereunder, and sets out the practices and policies for the protection of personal information (including sensitive personal data or information) collected, received, possessed, stored, dealt with or handled by Us. The same can be found at our website https://www.kredit.pe/policy/privacy and you are consenting to our use of it in accordance with the Privacy Policy.

    1.1 We endeavor to securely store all information we gather within databases controlled by Us. However, We may store information in locations outside our direct control (for instance, on servers or databases co-located with hosting providers).

    1.2 Our databases are stored on servers secured behind a firewall; access to the servers is password-protected and is strictly limited. However, you agree and acknowledge that no method of transmission over the internet, or method of electronic storage, is 100% secure. Therefore, while We strive to use commercially acceptable means to protect Your information, We cannot guarantee its absolute security.

    1.3 We use commercially reasonable safeguards to preserve the integrity and security of Your information against loss, theft, unauthorized access, disclosure, reproduction, use or amendment.

    1.4 The information that We collect from You will be stored within India. By submitting Your information on Our website/mobile application, You agree to this storage and/ or processing. We shall take such steps as we consider reasonably necessary to ensure that Your information is treated securely and in accordance with our Privacy Policy and the IT Rules.

    1.5 In using the website and mobile application, You accept the inherent security implications of data transmission over the internet and the world wide web cannot always be guaranteed as completely secure. Therefore, Your use of the website will be at Your own risk.

    1.6 We assume no liability for any disclosure of information due to errors in transmission, unauthorized third party access or other acts of third parties, or acts or omissions beyond Our reasonable control and You agree that You will not hold Us responsible for any breach of security.

    1.7 In the event We become aware of any breach of the security of Your information, We endeavour to take appropriate action to the best of Our ability to remedy such a breach.

CONFIDENTIALITY AND PRIVACY COMMITMENTS TO CUSTOMERS

  1. As a registered user with an account and a password, You are responsible for keeping Your password confidential.

  2. We will keep confidential and protect any and all information provided by You except where disclosure is required or permitted by law.

  3. We provide access of your information to employees, agents, advisors and consultants who We believe reasonably need to come into contact with that information to provide services to You or in order to do their jobs.

  4. The restrictions set out herein shall not apply to disclosure of information if and to the extent the disclosure is: (i) required by the applicable law of any jurisdiction, (ii) required by any applicable securities exchange, supervisory or regulatory or governmental body to which the relevant party is subject or submits, wherever situated, whether or not the requirement for disclosure has the force of law, (iii) made, by Us, to its shareholders, managers, advisors and affiliates, (iv) made to employees and representatives on a need to know basis, provided that such persons are required to treat such information as confidential through written agreement in terms which are no less strict than this Policy.

  5. You shall maintain confidentiality in relation to all information and agree to not disclose the same unless required by law.

  6. You hereby also authorize Us to contact You with offers through emails, calls, short messaging services (SMS) or any other mediums for any campaigns, promotional or like activities.

  7. You hereby agree that such methods of contact as provided herein do not classify as an "unsolicited commercial communication" as per the guidelines of Telecom Regulation Authority of India (“TRAI”). You agree to indemnify Us, along with Our directors and employees against all types of losses and damages incurred by them due to any action taken by TRAI or any other authority due to any erroneous complaint raised by You in this regard.

  8. All additional Privacy commitments to Customer (or You) that are not covered under this Terms and Conditions are covered under the Privacy Policy available at https://www.kredit.pe/policy/privacy.

FORCE MAJEURE

Neither the Company nor the Platform shall be liable for damages for any delay or failure to perform its obligations hereunder if such delay or failure is due to cause beyond its control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, riot, fire, festive activities sabotage, labor shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.

DISPUTE RESOLUTION AND JURISDICTION

  1. It is expressly agreed to by the Parties hereto that the formation, interpretation, and performance of these Terms and any disputes arising therefrom will be resolved through a two-step Alternate Dispute Resolution ( "ADR" ) mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
  2. Mediation: In case of any dispute between the Parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of all Parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to any other Party, the dispute will be resolved by arbitration, as detailed hereinbelow;
  3. Arbitration: In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Company, and the award passed by such sole arbitrator will be valid and binding on all Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of India.

The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules, and regulations of India.

GRIEVANCES

Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Company by the User by emailing to support@kredit.pe

MISCELLANEOUS PROVISIONS

  1. Entire Agreement: These Terms, read with the Policy, form the complete and final contract between the User and the Company with respect to the subject matter hereof and supersedes all other communications, representations, and agreements (whether oral, written or otherwise) relating thereto.
  2. Waiver: The failure of either Party at any time to require performance of any provision of these Terms shall in no manner affect such Party's right at a later time to enforce the same. No waiver by either Party of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms.
  3. Severability: If any provision/clause of these Terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.
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Office address

WTEX Fintech Private Limited

1st floor, #57, 19th Main

HSR Sector 3, Bengaluru

Karnataka 560102

Registered address

A-61, Zonasha Paradiso, Alpine

Eco Road, Doddenekundi, Bengaluru

Karnataka 560048


© 2023 WTEX Fintech Private Limited. All rights reserved.