Easy Platform Services Private Limited, a company incorporated Companies Act, 2013 and has its registered office at Office No 61, 6th Floor, Maker Chamber VI, Backbay Reclamation, Nariman Point, Mumbai, Maharashtra – 400 021 (“Company”) has developed and solely owns a mobile personal finance application called “Zype” (“App”, which expression shall include future releases of the application). Company makes the App available for download and use on mobile phones to you as end-users of the App, subject to these Terms of Service (“Terms”).

The Company also operates a website at www.getzype.com (“Website”) for marketing, advertisement, and information purposes only. It is clarified that the Company does not use the Website for any purpose other than the said purposes.

These Terms shall constitute a binding contract between Company and you when you download the App. Downloading and installing the App shall be deemed to constitute sufficient proof that you have read, understood and accepted these Terms. Together with the Privacy Policy (as defined in these Terms), these Terms constitute the entire rights, obligations and remedies in respect of your use of the App.

Before using our Services, you are requested to please ensure that you carefully read and understand these T & C which shall apply. If you do not agree to these Terms you must not proceed to download the App.

Without prejudice to any other specific requirement which may be laid out in these Terms, your use of the App and specifically, your acceptance of these Terms as aforesaid shall be deemed to be a representation from you that you are above 21 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.

THE COMPANY IS NOT A LENDER (AS DEFINED BELOW) AND DOES NOT PROVIDE ANY LOANS OR OTHER CREDIT FACILITIES (AS DEFINED BELOW). THE COMPANY IS MERELY OPERATING THE APP TO FACILITATE YOUR APPLICATION TO AVAIL THE CREDIT FACILITIES.

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.

  1. Definitions

“Application or App.” shall mean Zype, the mobile application created, developed and designed by the Company for providing the Services.

“Lender” shall mean non-banking financial company or Banks with whom the Company has tied up for loan sanction, which would sanction, process and grant the Loan to the Customer(s), through the Platform.

“Customer(s)” or “you” or “End-Users” shall mean any person who accesses, downloads, uses, views the Platform and the Services.

“Loan” shall mean the loan that you may apply for through the Platform and which is sanctioned and granted by LENDER, subject to the applicable terms and conditions of the Loan Agreement.

“Loan Agreement” shall mean the loan agreement to be executed between Lender and the Customer(s) for granting the Loan whether in physical or electronic form as may be applicable from time-to-time.

“Outstanding Amount(s)” shall mean the Loan, interests and charges due and payable by you to Lender, on respective due date(s).

“Platform” shall mean the App and the Website collectively.

“Third Party Platforms” shall mean social networking platforms, such as Facebook, LinkedIn and other similar platforms.

“User Data” shall mean any data, information, documents or materials submitted with the Company prior to or during the use of the Services.

“Website” shall mean www.getzype.com, managed and operated by the Company for the provision of Services.

  1. Description of the App

2.1. The App enables you to obtain loans and other credit facilities (“Credit Facilities”) from Banks, Non – Banking Financial Companies (NBFCs) and other approved lending institutions (“Lenders”). The App auto-tracks, organizes and analyses your Transaction Information (as defined in these Terms) to present to you various credit products and services. The Company and/or the App may share the Transaction Information with Affiliates and Lenders to which you hereby consent.

2.2. “Transaction Information” means information that is contained in text messages (that is, SMS) sent by providers of services and/or products (including but not limited to financial institutions, mobile carriers and utility companies) to your mobile telephone number(s) in connection with one or more transactions across multiple financial accounts (including purchase, payments, billing information and service notifications related thereto). Without limitation, Transaction Information includes:

2.2.1. Your mobile phone number
2.2.2. Your email address
2.2.3. Partial payment card data only to the extent such card data is disclosed in the said messages
2.2.4. Information related to the transaction in question including identity of the service or product and the price or fee paid or payable in respect thereof.

2.3. For the avoidance of doubt, the App has no direct access to your bank, credit card or debit card account information, or any Transaction Information other than that which is contained in SMS messages you receive on your phone. Further, the App does not require any bank login ID or password from you.

2.4. “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 the by having the right to appoint a majority on the board of directors or other management organ, or both.

  1. Applicability of the Terms

3.1. By downloading, installing, using, and accessing the App’s features in any manner you hereby give your unconditional consent to;

3.1.1. These Terms including the paragraphs at the commencement of these Terms.
3.1.2. The “Privacy Policy” available on the Website and incorporated herein by reference. Click here to view the Privacy Policy.
3.1.3. Any other notice, disclaimer, policy, or term of use, by whatever name called, which may apply to the use of the App from time to time.

3.2. If you do not agree to any of these Terms or the Privacy Policy or any other policy or term requiring your consent or deemed consent for using the App, please do not download or use the App in any manner whatsoever.

3.3. These Terms may be amended at any time by the Company. All such amendments shall be binding on you 24 (twenty four) hours after the amended Terms are made available on the Website. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the App with no liability to the Company.

3.4. 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 Website. Nothing in these Terms shall be deemed to confer any third-party rights or benefits.

  1. Use of the App

4.1. You shall not use the App otherwise than as an end user.

4.2. In your use of the App, you shall always comply with all applicable laws.

4.3. You agree not to circumvent, disable or otherwise interfere with security-related features of the App or features that prevent or restrict use or copying of any content or enforce limitations on use of the App or the content therein.

4.4. You hereby represent and warrant that you shall make use of the App as a prudent, reasonable and law-abiding citizen.

4.5. The Company shall not be responsible for any delay or failure resulting from infrastructure issues, like server uptime, network availability and connectivity.

4.6. You shall not take any action that would cause Company to suffer any type of loss.

  1. LINKS TO THIRD PARTY SITES

The Platform may contain links to other websites owned and operated by third parties who are not related to the Platform (“Linked Websites”). The Linked Websites are not under the control of the Company and the Company shall not be responsible for the content of any Linked Websites or any hyperlink contained in a Linked Website and makes no representation or warranty with respect to the content of any such third party sites.

The Platform provides these links to you as a convenience only and the inclusion of any link does not imply any endorsement of the Linked Website by the Company. Your access or use of such Linked Website is entirely at your own risk. The Company shall not be a party to any transaction between you and the Linked Website. Your use of a Linked Website is subject to these terms and conditions of that respective Linked Website.

The Platform may also contain third party advertisements, if any. The display of such advertisements does not in any way imply an endorsement or recommendation by/of the relevant advertiser, its products or services. You shall independently refer to the relevant advertiser for all information regarding the advertisement and its products and/or services. The Company accepts no responsibility for any interaction between you and the relevant third party and is released from any liability arising out of or in any way connected with such interaction.

  1. Termination and Suspension

6.1. Notwithstanding anything to the contrary in these Terms, any other terms, or any other communication between you and the Company, the Company may terminate your use of the App at any time with or without notice, and for or without any reasons, with absolutely no liability to you.

6.2. Without prejudice to the foregoing;

6.2.1. The Company reserves the right to terminate these Terms without notice and without liability to you on becoming aware that you have violated these Terms or any other guidelines and rules published in respect of the App.

6.2.2. Company may block, restrict, disable, suspend or terminate your access to all or part of the App at any time in Company’s discretion, without prior notice or liability to you.

  1. No Lending

7.1. THE COMPANY HAS DEVELOPED, OWNS, OPERATES AND MAINTAINS A TECHNOLOGY PLATFORM. THE COMPANY IS NOT A LENDER. THE COMPANY HAS CONTRACTUAL RELATIONSHIPS WITH LENDERS PURSUANT TO WHICH SUCH LENDERS OFFER CREDIT FACILITIES TO THE USERS OF THE APP. ANY CREDIT FACILITY MADE AVAILABLE TO YOU BY ANY LENDER SHALL BE GOVERNED BY TERMS AND CONDITIONS AGREED BETWEEN YOU AND THE LENDER AND THE COMPANY SHALL NOT BE A PARTY TO THE SAME.

7.2. The Company and its directors, officers, employees and agents shall not be responsible in any manner whatsoever for:
7.2.1 The rejection of your Credit Facility application or other refusal by the Lenders of the Credit Facility with or without reason;
7.2.2 The Company is not obliged to inform reasons for such refusal/rejection;
7.2.3 The Company is not a lender and does not provide any loans or other Credit Facilities; and
7.2.4 If the Credit Facility is made available to you by the Lenders, the terms and conditions governing the same shall be solely between you and the Lender and the Company shall not be a party to the same.

  1. Other Disclaimers

8.1. To the fullest extent permissible pursuant to applicable law, the Company, and any of Company’s third-party partners, licensors, and suppliers, disclaim all warranties, statutory, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by you through the App will constitute or create any representation or warranty not expressly stated herein.

8.2. You expressly agree that use of the App is at your sole risk. The App and any data, information, third party software, reference sites, services, or software made available in conjunction with or through the App are provided on an “as is” and “as available,” “with all faults” basis and without warranties or representations of any kind either express or implied. The Company and any third party suppliers, licensors, and partners do not warrant that the data, software, functions, or any other information offered on or through the App will be uninterrupted or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected.

8.3. Company and any third party suppliers, licensors, and partners do not warrant or make any representations regarding the use or the results of the use of the App in terms of correctness, accuracy, reliability, or otherwise.

8.4. You understand and agree that if you use, access, download, or otherwise obtain information, materials, or data through the App, the same shall be at your own discretion and risk and that you will be solely responsible for any damage to your property (including your computer system and/or other device) or loss of data that results from the download or use of such material or data.

8.5. You acknowledge and agree you have entered into these terms in reliance upon the No Lending, Other Disclaimers and the Limitations of Liability set forth herein, that the No Lending, Other Disclaimers and the Limitations of Liability set forth herein reflect a reasonable and fair allocation of risk between you and Company, and that the No Lending, Other Disclaimers and the Limitations of Liability set forth herein form an essential basis of the bargain between you and Company. Company would not be able to provide the App to you on an economically reasonable basis without these limitations.

8.6. Any information that the App may make communicate to you about any service or product offered by a third party, including any promotional or other offers in relation thereto, shall not constitute or be deemed to be the Company’s endorsement or approval in any manner of such third party products and services.

  1. Intellectual Property

The Company and its licensors, if any, shall be the sole and absolute owners of the App, including but not limited to the idea behind the App, the copyright in all content on the App and Website and all trademarks, designs, logos and other insignia of trade used on the App and Website and elsewhere during the performance of the services, all of which are subject to protection under patent, copyright, trade mark and trade secret and other intellectual property laws of India and other countries. Any copying of any part of the App shall entail immediate termination of these Terms without prejudice to the other rights and remedies of the Company, including for civil wrongs and criminal offences.

“Zype” and the “Zype” logo/word mark are registered trademarks or applied for registration and/or service marks of the Company and is licensed to Respo Financial Capital Private Limited for use. Nothing contained in the Website should be construed as granting, by implication or otherwise, any license or right to use these marks without express written permission of Company.

Other names, company names, brand names, registered and unregistered trademarks or service marks and logos (the “Marks”) are the property of their respective holders. Nothing contained in the Website should be construed as granting, by implication or otherwise, any license or right to use the Marks without express written permission of the owner or rights holder with respect to such use.

  1. Consents

In addition to any consent, you may give pursuant to the Privacy Policy, you hereby consent to- (a) Lenders retrieving your credit score from third party providers for the purpose of evaluating your eligibility for a Credit Facility; (b) Lenders sharing your credit score with the Company; (c) Company sharing the Transaction Information with its Affiliates and Lenders. For the avoidance of doubt, the Company itself does not retrieve your credit score from any source.

  1. Limitation of Liability

Use of the Zype Website or app is at your sole risk. While we make reasonable efforts to ensure the safety and functionality of our Website or app, 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 WEBSITE 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 THIS WEBSITE (OR THE CONTENT PROVIDED AT THIS WEBSITE ON ANY APPLICATION RELATED TO ANY THIRD PARTY), OR USERS’ INABILITY TO USE THE CONTENT CONTAINED IN THIS WEBSITE (OR ANY OTHER APPLICATION), 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 OF THIS WEBSITE. THESE WAIVERS APPLY EVEN IF 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 APPLICATION SUBJECT TO THE MAXIMUM LIABILITY OF THE COMPANY SHALL BE Rs.500.

  1. Indemnity

You hereby agree to defend, indemnify, and hold harmless Company and Lending NBFC and their affiliates, parents, subsidiaries, and their respective employees, agents, contractors, officers, directors, successors and assigns from all liabilities, claims, damages and expenses, including without limitation attorneys’ fees and costs, that arise from your use or misuse of this Website, without limitation, any actual or threatened suit, demand, or claim made against Company arising out of or relating to the User Content, your conduct, your violation of these T & C, or your violation of the rights of any third party. This indemnification obligation shall survive these Terms and use of the App.

  1. Governing Law and Arbitration

13.1. These Terms are governed by and shall be construed in accordance with the laws of the Republic of India without respect to its conflict of laws’ provisions.

13.2. The App is controlled and offered by the Company from its facilities in India. If you are a user outside India, please take note the Company is subject only to Indian law and only to the jurisdiction of Indian courts. The Company makes no representations that the App is appropriate or available for use in other locations. Therefore, if you are a user outside India, you may use the App solely on your own volition and at your own risk. You shall be solely responsible for compliance with local law.

13.3. Disputes, if any, shall be attempted to be resolved amicably for thirty (30) days. Unresolved disputes shall be referred to an independent, sole arbitrator in Mumbai appointed by the Company in accordance with the procedure established by the Arbitration and Conciliation Act, 1996. Subject to the foregoing, you hereby consent to the exclusive jurisdiction of the Courts in Mumbai, India.

  1. Miscellaneous

14.1. Notices: Any notice required to be given to Company under these Terms shall be sent by registered mail to info@getzype.com or recognized courier to the address first set out above.

14.2. Force Majeure: If the whole or any part of the performance of the respective obligations of the parties hereunder is prevented or delayed by reasons of natural calamities, war, arson, civil disturbance, and such other reasons beyond the reasonable control of a person (each a “Force Majeure Event”), then to the extent either party shall be prevented or delayed from performing all or any part of their respective obligations under these Terms despite due diligence and reasonable efforts to do so, then such party shall be excused from performance hereunder for so long as reasons of Force Majeure Event continue. A Force Majeure Event shall not affect the payment obligations of the parties unless there is legal bar / embargo to the making of the payments.

14.3. Severability: Notwithstanding that the whole or any part of any provision of these Terms may prove to be illegal or unenforceable, the other provisions of these Terms and the remainder of the provision in question shall continue in full force and effect.

14.4. No Waiver or Election: No failure or delay in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege. Every right or remedy herein conferred upon or reserved to either party shall be cumulative and shall be in addition to every right and remedy existing at law or equity or by statute and the pursuit of any one right or remedy shall not be construed as an election.

14.5. Assignment: You may not assign or otherwise transfer your rights or obligations under these T&C. We may assign our rights and duties under these T&C without any such assignment being considered a change to these T&C and without any notice to you.

14.6. Communications: You hereby provide your explicit consent to receive on your registered email/phone promotional and marketing communication about various products, services, and offerings the Company, vendors, clients, group companies, or business associates may make available. This will override any DND or DNC services you may have registered for on your phone in the past. You consent to receive service/promotional messages, including without limitation, via SMS messages (including text messages), WhatsApp, calls using pre-recorded messages or artificial voice, calls and messages delivered using auto telephone dialing system or an automatic texting system, and notifications sent via the App, through Zype business accounts.

14.7 Modification of Services: We reserve the right to modify or discontinue (completely or in part) our Website, Services, or any content appearing therein. We will not be liable to you or any third party if we exercise this right.

14.8 No Third-Party Beneficiaries or Rights: These T&C do not create any private right of action on the part of any third party or any reasonable expectation that the Website or Services will not contain any content that is prohibited by these T&C.

14.9 Complaints: In the event you have any complaint(s) pertaining to Services provided through this App or Website, please feel free to email us at info@getzype.com. Kindly provide your name, email address, physical address and contact numbers so that we may be able to verify details or check the authenticity of the complaints.

14.10 Feedback: We welcome feedback, comments and suggestions for improvements to the Services (“Feedback “). You can submit Feedback by emailing us at info@getzype.com.

14.11 We reserve the right to make changes to our Website, policies, and these T & C at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.