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EASY PLATFORM SERVICES PRIVATE LIMITED, a company incorporated under the Companies Act, 2013, bearing CIN: U72900MH2019PTC327468 and has its registered office at Ground Floor, Dyna Business Park, Street No 01, MIDC, Andheri (East), Chakala MIDC, Mumbai-400 093, Maharashtra, India (hereinafter referred to as “Company” or “us” or “we”) has developed and is the owner of the mobile application called “Zype” (“App”) and website at https://www.getzype.com/ (“Website”). As a user of the Platform (as defined hereunder</em >), you understand that the Platform provides access between multiple users in the form of consumers, financial institutions, data partners and other partners, lenders, borrowers, service providers etc. (“User“, “you” or “your”) with a view to facilitate lending and borrowing activities, including providing other financial products between the Users. List of our lending partners is provided at Schedule I herewith. By accessing and using the Platform the Users accept and agree to be bound by the terms and conditions read along with the Privacy Policy https://www.getzype.com/privacy-policy/ and that you have read, understood and agreed to abide by aforementioned Privacy Policy, disclaimer, terms & conditions (“Terms”). Please read these Terms carefully prior to accessing or using our Platform, creating an account, visiting the Platform through Website or downloading the App. The User acknowledges, agrees, and explicitly consents to the practices, requirements, Terms and policies set forth on the Platform. If you do not agree with the Terms, you should not access or use the Platform or review information or subscribe to any products/services offerings on the Platform. THE COMPANY IS NOT A LENDER (AS DEFINED BELOW) AND DOES NOT PROVIDE ANY LOANS OR OTHER CREDIT FACILITIES. THE COMPANY IS MERELY OPERATING THE PLATFORM TO FACILITATE YOUR APPLICATION TO AVAIL THE LOAN OR CREDIT FACILITIES AND ANY OTHER PRODUCTS. Headings of clauses are only for convenience and are not intended to be used to interpret the contents thereunder. Please read these Terms in full.
“Affiliates” mean any bodies incorporated which are controlled by, control, or under common control with, the Company, whether by virtue of owning, including as a beneficiary, the majority of voting capital or by having the right to appoint a majority on the board of directors or other management organ, or both. “Lender(s)” shall mean our lending partners which are non-banking financial company or banks registered with RBI with whom the Company has partnered for Loan sanction, which would approve, sanction, process and grant the Loan to the customer(s), through the Platform. “Loan” shall mean the loan/credit facilities that you may apply for through the Platform and which is approved, sanctioned and granted by Lenders, subject to the applicable terms and conditions of the Loan Agreement and these Terms and accepted by you in favour of the Lenders. “Loan Agreement” shall mean the loan agreement to be executed between the Lenders and the customer(s)/borrower(s) for granting the Loan whether in physical or electronic form as may be applicable from time-to-time. “Platform” shall mean the App and the Website and other facilities including the Zype call-center facility, collectively.
By downloading, installing, using, and accessing the Platform in any manner you hereby unconditionally agree to:
Any changes made to these Terms will be communicated to the email address of the User maintained in our records, within a reasonable time from the date of modification or on the Platform. Although the Company may attempt to notify you when major changes are made to these Terms, it shall be solely your responsibility to read and understand the most up-to-date version of the Terms on the Platform. The Company does not take responsibility in case the email address provided by the User is either incorrect or does not belong to the User. The User’s continued use of the Platform following the notification of modification of these Terms will be construed to mean the acceptance by the User of the modified Terms. Nothing in these Terms shall be deemed to confer any third-party rights or benefits.
USE OF THE PLATFORM IS AT YOUR SOLE RISK. WHILE WE MAKE REASONABLE EFFORTS TO ENSURE THE SAFETY AND FUNCTIONALITY OF THE PLATFORM, THESE EFFORTS MAY FAIL AND ERRORS MAY OCCUR. IN NO EVENT SHALL COMPANY OR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE CONTENT OF THIS PLATFORM BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, COMPUTER VIRUS OR SYSTEM FAILURE, OR LOSS OF DATA OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE PLATFORM (OR THE CONTENT PROVIDED AT THE PLATFORM ON ANY APPLICATION RELATED TO ANY THIRD PARTY), OR USERS’ INABILITY TO USE THE CONTENT CONTAINED IN THE PLATFROM, ON ANY THEORY OF LIABILITY. WE WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED BY OR ARISING FROM YOUR RELIANCE ON THE CONTENT ON THE PLATFORM. THESE WAIVERS APPLY EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED THE AMOUNT, IF ANY, PAID BY YOU TO US FOR ACCESSING THIS PLATFORM SUBJECT TO THE MAXIMUM LIABILITY OF THE COMPANY, WHICH SHALL BE Rs.500.
You hereby agree to defend, indemnify, and hold harmless the Company and Lenders and their Affiliates, parents, subsidiaries, and their respective employees, agents, contractors, officers, directors, third party associates, successors and assigns from all liabilities, claims, demands, damages and expenses, including without limitation attorneys’ fees and costs, that arise from your use or misuse of this Platform or the services provided therein, without limitation, any actual or threatened suit, demand, or claim made against the Company arising out of or relating to any breach of the representations, warranties, and covenants made by you herein, your conduct, your violation of these Terms, or your violation of the rights of any third party including intellectual property rights or as a result of any threatening, libelous, obscene harassing or offensive material posted/ transmitted by you on the Platform. The Company reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify the Company, including rights to settle, and you agree to cooperate with the Company’s defense and settlement of these claims. The Company will use reasonable efforts to notify you of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This indemnification obligation shall survive these Terms and use of the Platform.
Schedule I