Terms and Conditions

Wepact Technologies Private Limited, whose registered office is at #16-K, No.180/16, NRI Layout, Kalkere, Bengaluru, Karnataka 560043, (“Company”), is the owner of the mobile application (“App”) and our website at www.rupie.co (“Website”) and herein after shall be referred to as “RuPie” or “Wepact” or ' ‘us’ or ‘we’. As a user (“User”) of this App, the User understands that RuPie is an platform providing access between multiple Users in the form of consumers, financial institutions, data partners and other partners lenders, borrowers, service providers etc. with a view to facilitate lending and borrowing activities, including providing other financial products i.e. insurance products, credit cards etc. between the Users.

It is hereby clarified that the term “Users” shall mean any person using the App i.e. consumers, financial institutions, data partners and other partners.

Downloading, installing or using the App, implies that you have read, understood and agreed to abide by following, disclaimer, terms & conditions (“Terms & Conditions”). These Terms & Conditions together with our privacy policy as provided on the Website (“Privacy Policy”) govern your usage of the App. If you disagree with any part of these terms and conditions, please do not download, install or use the App.

1. General

The App provides access to an online platform (“Platform”) bringing together consumers, financial institutions, data partners and other partners willing to abide by the Terms & Conditions herein. RuPie is merely a facilitator providing the Platform for any Person in need of financial products such as consumers, financial institutions, data partners and other partners Etc., including connecting Users for assistance regarding other financial products, insurance products and credit cards. RuPie merely facilitates a transaction of two such persons. RuPie is not a Financial Institution under the Companies Act, 2013 or the Banking Regulation Act, 1949 or any other laws for the time being in force in India. RuPie is also not a deposit taking company or a chit fund or a company offering any investment schemes as per the rules and regulations for the time being in force in India.

2. Eligibility

The User of this App unequivocally declares and agrees that the User is a natural/ legal person who has attained the age of at least 18 years and is legally allowed to enter into a contract in India. The User is allowed to utilize the services of the App in accordance with the terms and conditions detailed hereinafter and have agreed to become a paid member of this App and whose membership fee is not in arrears. In case, RuPie chooses not to charge any fee for the services provided in the App, by registering on the App, the User hereby undertakes to agree and abide by the Terms and Conditions detailed hereinafter.

If the User violates any of these Terms & Conditions, or otherwise violate an agreement entered into through the medium of the App, RuPie may terminate the User’s membership, delete his/her profile and any content or information posted online by the User through the App and/or prohibit the User from using or accessing the Platform through the App at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under 18.

3. Acceptance of Terms and Conditions

As a User of this App you have agreed to the Terms and Conditions that RuPie has provided hereunder or anywhere else in this App including but not limited to disclaimers on this App and the Website. You are advised to read and understand the said Terms and Conditions and in case you do not wish to agree to these Terms and Conditions, please refrain from downloading installing or using the App. The App provides access to the Platform providing registered Users with access to data base of Users. The information is also shared with third party verification agencies and collection agencies etc. RuPie in no manner indulges in the activities of lending or borrowing. RuPie is not an organization registered with the Reserve Bank of India and does not hold any license to engage in any activities relating to lending or borrowing. RuPie is a service provider facilitating the access between person willing to lend and person in need of borrowing. The final decision as regards lending and borrowing is also subject to the choice of the respective Users in their respective capacities as lenders / borrowers / users of other financial products as set out in the App. Further, RuPie provides support to Users in verifying the financial capabilities of Users.

RuPie reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms and Conditions, at any time without any prior written notice to the User. It is the User’s responsibility to review these Terms and Conditions periodically for any updates/ changes. User’s continued use of the App or Website following the posting of changes will mean that the User has accepted and agreed to the revisions.

4. Modifications and Updates to the App

RuPie is committed to ensuring that the App is as useful and efficient as possible. For this reason, we reserve the right to make changes to or update the App or to charge for its services, at any time and for any reason. You will be required to download the updates if you want to keep using the App. RuPie does not promise that it will always update the App so that it is relevant to you and/or works with the relevant versions that you have installed on your mobile smartphones, tablets or phablets (“Device”).

5. Relationship With Operators If The App Is Accessed On Mobile Devices

5.1. In the event the App is accessed on a mobile device, please note that it is not associated, affiliated, sponsored, endorsed or in any way linked to any platform operator, including, without limitation, Apple, Google, Android or RIM Blackberry (each being an “Operator”).

5.2. Your download, installation, access to or use of the App is also bound by the terms and conditions of the Operator.

5.3. You and we acknowledge that these Terms and Conditions are concluded between You and RuPie only, and not with an Operator.

5.4. The license granted to you for the usage of the App is limited to a non-transferable and revocable license to use the App on a mobile device that you own or control and as permitted by these Terms and Conditions.

5.5. RuPie is solely responsible for providing any maintenance and support services with respect to the App as required under applicable law. You acknowledge that an Operator has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

5.6. RuPie and not the relevant Operator, are responsible for addressing any claims raised by you relating to the App including, but not limited to: (i) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (ii) claims arising under consumer protection or similar legislation.

5.7. In the event of any third party claim that the App or your use of the App infringes that third party’s intellectual property rights, we and not the relevant Operator, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.

5.8. You must comply with any applicable third party terms of agreement when using the App (e.g. you must ensure that your use of the App is not in violation of Your mobile device agreement or any wireless data service agreement).

6. Your Account

If you wish to use the App, you are required to maintain an account and will be required to furnish certain information and details, including your name, email id, Aadhaar number, bank account details, contact number and any other information deemed necessary by RuPie. You are responsible for maintaining the confidentiality and security of your account, password, activities that occur in or through your account and for restricting access to your Devices to prevent unauthorized access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner. Please ensure that the details you provide us with are true, correct, accurate and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update most of the information you provided us with in ‘dashboard’ area of the App after you log-in or by writing to us at support@wepact.co. RuPie reserves the right to refuse access to the Platform, terminate accounts, remove or edit content at any time without notice to you. The right to use this App is personal to the User and is not transferable to any other person or entity. RuPie shall not be responsible for any data lost while transmitting information on the internet. Further, it is to be noted that all the information provided shall be solely used for provided the services as set out herein.

By using this App as a User you hereby represent that you are of legal age to form a binding contract as per the laws prevalent in India for the time being in force. You hereby also represent that you are more than 18 years of age. The User also unequivocally agrees to provide true, accurate, current and complete information about as sought by the registration form of the Website / App. Upon RuPie gaining knowledge of having any reasonable suspicion that the information provided by you is wrong, inaccurate or incorrect, RuPie shall immediately terminate your account without any notice to you in this regard. You shall at all times abide by the Terms and Conditions stated herein and any breach of these conditions may also lead to RuPie terminating your account and appropriate civil and criminal remedies will be sought against you as provided under the laws of India.

Your personal information as User of this App shall not be shared by RuPie to any unrelated third parties without your consent, except to provide the services mentioned herein. However, in case any such information is required to be shared with a third party as directed and authorized by law or court order or any such authority legally allowed to ask for such information, RuPie will be at liberty to share such information. You will be duly informed of such disclosure at the time and shall be subject to the Privacy Policy. Further, the Users also acknowledge that the document uploaded by the Users shall be used by RuPie and other Users to verify, perform data analytics and other such activities on the uploaded documents and further, provide such information as may be necessary to the other Users for the facilitating the services being provided herein.

7. License and Access

RuPie grants you a limited license to access and make personal use of the App, but not to download any material from it (other than page caching) or modify it, or any portion of it, except with express written consent of RuPie and / or its affiliates, as may be applicable. Any unauthorized access to the App or any networks, servers or computer systems connected to App and any attempt to modify, adapt, translate or reverse engineer any part of the App or re-format or frame any portion of the pages of the App, save to the extent expressly permitted by these Terms and Conditions, is not permitted. This license is non-transferable and does not permit any resale or commercial use of this App or its contents; any downloading or copying of account information for the benefit of anyone other than your use; or any use of data mining, robots, or similar data gathering and extraction tools. This App or any portion of this App (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent of RuPie and / or its affiliates, as may be applicable. Any unauthorized use of the App shall terminate the permission or revoke the license granted by RuPie.

8. Monitoring of the App and your account

RuPie has the right and liberty to monitor the content of the App at all times which shall include information provided in your account. The monitoring of the App is important to determine the veracity of the information provided by you and that every User remains in consonance with the Terms and Conditions provided herein. Subject to the Terms and Conditions mentioned herein RuPie shall also have the liberty to remove any objectionable content which is in contravention of the Terms and Conditions herein or share such information with any governmental authority as per procedures laid down by the law for the time being in force in India.

9. Service Suspension

RuPie may wish to stop providing services through the App, and may terminate use of it at any time without giving notice of termination to you. Unless RuPie informs the User otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; and (b) User must stop using the App, and (if needed) delete the App from your User’s Device. RuPie reserves the right to suspend or cease providing any service related to the App and shall have no liability or responsibility to the User in any manner whatsoever if it chooses to do so.

10. Limitation of Liability and Disclaimer of Warranties

Notwithstanding anything to the contrary contained herein, neither RuPie nor its affiliated companies, subsidiaries, officers, directors, employees or any related party shall have any liability to you or to any third party for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or relating to these terms and conditions. To the maximum extent permitted by law, you waive, release, discharge and hold harmless RuPie, its affiliated and subsidiary companies, and each of their directors, officers, employees, and agents, from any and all claims, losses, damages, liabilities, expenses and causes of action arising out of your use of the App.

As a User you also acknowledge that RuPie has maintained and carried out all possible checks and balances to assure the credibility of the Users as listed on the Platform. The information provided on the App is based on the information that is provided to RuPie. In case the User does not disclose any information to RuPie, and the same is not found out at the first instance by RuPie despite all measures adopted to certify the ratings or credibility of a User, RuPie shall not be responsible for any claims or liabilities. RuPie in any event is not responsible for any default in return of money that is borrowed from the lender and the lender shall have the exclusive right to initiate proceedings against the defaulter borrower. RuPie shall to the best of its abilities aid the concerned User in terms of provision of information to initiate any legal proceedings. However, RuPie shall not be responsible for any default on behalf of the User. RuPie is an information platform and the User is entitled to conduct its own diligence before taking any steps to initiate the processes outlined in the App.

RuPie makes no representations or warranties about the accuracy, reliability, completeness, current-ness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the App or that the operation of the App will be error free and/or uninterrupted. Consequently, RuPie assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the App; and/or any interruption or errors in the operation of the App. This limitation of liability clause shall prevail over any conflicting or inconsistent provision contained in any of the documents / content comprising this Terms and Conditions. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, malware, Trojan horses and other items of a destructive nature.

11. Indemnity

You agree to indemnify, save, and hold RuPie, its affiliates, contractors, employees, officers, directors, agents and its third party associates, licensors, and partners harmless from any and all claims, demands, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to your use or misuse of the services or of the App, any violation by you of these Terms and Conditions, or any breach of the representations, warranties, and covenants made by you herein or your infringement of any intellectual property or other right of any person or entity, or as a result of any threatening, libelous, obscene, harassing or offensive material posted/ transmitted by you on the App. RuPie reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify RuPie, including rights to settle, and you agree to cooperate with RuPie’ defense and settlement of these claims. RuPie 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 paragraph shall survive termination of this Terms and Conditions.

12. Advertisers/ Third Party Links in the App

RuPie accepts no responsibility for advertisements contained within the App. RuPie has no control over and accept no responsibility for the content of any website or mobile application to which a link from the App exists (unless RuPie is the provider of those websites or mobile applications). Such linked websites and mobile applications are provided “as is” for User’s convenience only with no warranty, express or implied, for the information provided within them. RuPie does not provide any endorsement or recommendation of any third party website or mobile application to which the App provides a link. Further, the Users consent and agree that the content provided in the website and the App shall be synced and shall be available in both mediums.

13. Services, Use of Information and Consent

RuPie will hereinafter be engaged in the provision of the following services:

a) Provision of credit score, report and analysis: Your credit score along with the report and analysis will be available on the App. Further, RuPie will monitor and update these credit scores, reports and analysis on a periodic basis.

b) Spend Analysis: RuPie will also provide you with spend analysis which analyses your income and expenses which is obtained by RuPie by way of bank SMS scraping and through its integration with Service Provider.

c) Customized Offers: Provision of loans, credit cards, insurance offers based on User’s banking and credit data.

d) RuPie Scoring: Based on the bank SMS scraping, credit history scoring will be updated periodically.

e) The Company provides a Platform through the App wherein the buyers can choose various Products (i.e. loan, insurance and other financial services) of the sellers and purchase the same. The Company also provides other services as may be required from time to time, including the data analytics services etc.

f) The App displays a catalogue of financial products belonging to different Users which are being facilitated through the App. You may browse through the products and provide us with your details. The representatives of the Company will contact You through phone on the phone number provided by You at the time as request by the App. Further, the Company reserves the right to provide you with further information about the products at such time as You may be willing to be contacted.

g) In the event You have registered Your phone number on the ‘Do Not Disturb’ registers with Your network provider, You shall ensure to take all steps to enable the Company’s representative’s contact You via phone to provide details about different financial products and You shall ensure that such calls received by you are pursuant to You providing us with information and you shall not register a complaint with the relevant authorities for the same.

For the provision of the above mentioned services, RuPie will be using and sharing all the information provided by the User with multiple financial institutions and other parties, as may be required for the purpose mentioned above and RuPie shall also run multiple credit checks to be able to get the best available offers to suit the needs of the Users. The User hereby grants RuPie the permission to collect, store, use and share such information (including but not limited to the information mentioned above and all such other information shared by the User with RuPie, including documents uploaded) with financial institutions and such other parties, as may be required for the purpose mentioned above. Further, RuPie may also share User’s profiles with multiple Users as may be applicable and run multiple credit checks to be able to assess and provide the User with best loan and credit offers available for such Users.

14. Acknowledgements

You acknowledge that RuPie is a platform bringing Users together and that the RuPie is not engaged in either grant of loan or borrowing any money or assistance for any financial products from any member using the RuPie Platform. You acknowledge that the use of the financial products is entirely based on the negotiations between the Users and RuPie or its affiliates, contractors, employees, officers, directors, agents and its third party associates, licensors, and partners does not have any interest with regard to any financial products assistance procured by a registered User. You acknowledge that RuPie will not be responsible for any claim or damage in case use of the financial products. RuPie in no manner warrants or guarantees the performance of a service provider that is providing services through the App. You acknowledge that RuPie in no manner guarantees that the Users have provided all the information on this App which is true and correct including his address, phone numbers etc. You acknowledge that it is your responsibility to verify the information about the person on the Platform and RuPie is in no manner liable if the information provided on this App is untrue or incorrect. You acknowledge that RuPie is in no manner responsible for any claim of money or damages in the event one person fails to either grant loan or a person fails to repay the loan or misrepresents his financial status or commits a fraud or cheating or any other such illegal act.

15. Applicable Laws

Your use of this App and any Term and Conditions stated in this policy is subject to laws of India. In case of any disputes arising out of the use of the App, Courts of Bengaluru, Karnataka will have exclusive jurisdiction.

16. Grievances

Users have complete authority to file a complaint / share feedback if they are disappointed by services rendered by RuPie. They can give their complaint / feedback in writing or by way of an email to the following:

Grievance Officer

#16-K, No.180/16, NRI Layout, Kalkere, Bengaluru, Karnataka 560043, India

support@wepact.co.

17. Terms related to your use of Yodlee's service (“Service”) on the RuPie App

Provide Accurate Information. You, the end user, agree to provide true, accurate, current and complete information about yourself and your accounts maintained at other websites and you agree to not misrepresent your identity or your account information. You agree to keep your account information up to date and accurate.

Proprietary Rights. You are permitted to use content delivered to you through the Service only on the Service. You may not copy, reproduce, distribute, or create derivative works from this content. Further, you agree not to reverse engineer or reverse compile any of the Service technology, including but not limited to, any Java applets associated with the Service.

Content You Provide And Is Derived by Use of the Service. You are licensing to RuPie ("Company") and its service providers, including Yodlee (“Service Provider”), any information, data, passwords, materials or other content (collectively, “Content”) you provide through or to the Service. Company and Service Provider may use, modify, display, distribute and create new material using such Content to provide the Service to you. Company and Service Provider may also use, sell, license, reproduce, distribute and disclose aggregate, non-personally identifiable information that is derived through your use of the Service. By submitting Content, you automatically agree, or promise that the owner of such Content has expressly agreed that, without any particular time limit, and without the payment of any fees, Company and Service Provider may use the Content for the purposes set out above. As between Company and Service Provider, Company owns your confidential account information.

Third Party Accounts By using the Service, you authorize Company and Service Provider to access third party sites designated by you, on your behalf, to retrieve information requested by you, and to register for accounts requested by you. For all purposes hereof, you hereby grant Company and Service Provider a limited power of attorney, and you hereby appoint Company and Service Provider as your true and lawful attorney-in-fact and agent, with full power of substitution and re-substitution, for you and in your name, place and stead, in any and all capacities, to access third party internet sites, servers or documents, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN COMPANY OR SERVICE PROVIDER ACCESSES AND RETRIEVES INFORMATION FROM THIRD PARTY SITES, COMPANY AND SERVICE PROVIDER ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY. You agree that third party account providers shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by you. You understand and agree that the service is not endorsed or sponsored by any third party account providers accessible through the service.

DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. COMPANY AND SERVICE PROVIDER EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

COMPANY AND SERVICE PROVIDER MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED.

AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR SERVICE PROVIDER THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

LIMITATION OF LIABILITY.YOU AGREE THAT NEITHER COMPANY OR SERVICE PROVIDER NOR ANY OF THEIR AFFILIATES, ACCOUNT PROVIDERS OR ANY OF THEIR AFFILIATES WILL BE LIABLE FOR ANY HARMS, WHICH LAWYERS AND COURTS OFTEN CALL DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF COMPANY OR SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES, (iii) ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICE; (vi) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY ACCOUNT PROVIDER SITE, EVEN IF THE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES; OR (vii) ANY OTHER MATTER RELATING TO THE SERVICE.

Indemnification. You agree to protect and fully compensate Company and Service Provider and their affiliates from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys fees) caused by or arising from your use of the Service, your violation of these terms or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.

You agree that Service Provider is a third party beneficiary of the above provisions, with all rights to enforce such provisions as if Service Provider were a party to this Terms and Conditions.