PLATFORM TERMS AND CONDITIONS

These platform terms and conditions (“ Terms”) govern the access or use by you (“ Customer”, “ you”, “ your”) of the Services (defined below) on the BharatPe Application (“ App”) and/or BharatPe Website (“Website“) (collectively referred to as “Platform”)

Please read the terms and conditions carefully before registering, accessing or using the Services (defined below) offered through the BharatPe App or through applications or websites of RIPL Group Entities (defined below). These Terms are a legal contract between You and Resilient Innovations Private Limited (“RIPL”) having its registered office at 3rd Floor, Ramnath House Building 18 Community Centre, Yusuf Sarai, New Delhi 110049. You agree and acknowledge that you have read the terms and conditions set forth below. If you do not agree to these Terms or do not wish to be bound by these Terms, you may not use the Services and/or immediately terminate the Services.

We may amend the terms and conditions at any time by posting an updated version at BharatPe website and App. The updated version of the Terms shall take effect immediately upon posting. It is Your responsibility to review these Terms periodically for updates / changes. Your continued use of App following the posting of changes will mean that You accept and agree to the revisions including additional Terms or removal of portions of these Terms, modifications etc. As long as You comply with these Terms of we grant You a personal, non-exclusive, non-transferable, limited privilege to enter and avail the Services.

USING APP INDICATES YOUR AGREEMENT TO ALL THE TERMS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms, You also accept and agree to be bound by ours and RIPL Entity Policies (including but not limited to Privacy Policy) available on the RIPL website(s) and App(s) as amended from time to time

1. ELIGIBILITY TO USE

   You expressly acknowledge and agree that: (i) you are a legal person; (ii) you are capable of entering and authorized to enter into a legally binding agreement; (iii) your employees, officers, representatives, and other agents accessing BharatPe are duly authorized to access the Service and to legally bind you to these terms and all actions; (iv) all registration information you submit is accurate and truthful; (v) you will maintain the accuracy of such information; (vi) you are not barred or otherwise legally prohibited from accessing or using Services under the laws of India; (vii) you are an entity duly constituted and validly existing under Indian law, (viii) expressly acknowledges and agrees that use of the Services is permitted only for those who are physically located in India at the time of registration, linking to any offering forming part of the Services and processing/undertaking a Transaction

2. DEFINITIONS

   1. “App” shall mean the BharatPe application for providing Services to you, and also includes any and all Services where it acts as an Intermediary.

   2. “Commercial Partner” means any individual or entity with whom RIPL or RIPL Group Entities have a contractual relationship and includes but is not limited to entities offering, lending partners, BBPS etc

   3. “Credit Information Companies” or “CIC” shall mean TransUnion CIBIL Limited (Formerly Credit Information Bureau (India) Limited), Equifax Credit Information Services Private Limited, Experian Credit Information Company of India Private Limited, CRIF High Mark Credit Information Services Private Limited or any other credit information company which has been granted a certificate of registration by Reserve Bank of India (RBI)

   4. “Credit Information” shall mean any information relating to (i) the amounts and the nature of loans or advances, amounts outstanding under credit cards and other credit facilities granted or to be granted, by a credit institution to any borrower; (ii) the nature of security taken or proposed to be taken by a credit institution from any borrower for credit facilities granted or proposed to be granted to him; (iii) the guarantee furnished or any other non-fund based facility granted or proposed to be granted by a credit institution for any of its borrowers; (iv) the credit worthiness of any borrower of a credit institution; or (v) income and/or expense details of any borrower.

   5. “Commercial Partner” shall means any individual or entity or merchant with whom the Company or RIPL Group Entities either alone or in collaboration with have a contractual relationship with (i) providers of different products and services (Merchants);and/or (ii) banks, issuers of prepaid instruments, non-banking financial institutions, insurance companies, mutual funds, and other financial institutions (Financial Partners). borrower.

   6. “RIPL Group Entities” shall mean group, affiliates, associates and subsidiaries of RIPL through which certain Services are being availed by You. borrower.

   7. “Services“ shall include all services extended / to be extended by RIPL and/or RIPL Entities on/through the App and/or through Commercial Partners, including but not limited to bill payments, gift vouchers, insurance, credit line, Co-Branded Credit Card etc. borrower.

   8. “Website“ shall mean to www.bharatpe.com or any other website hosted or registered by RIPL or RIPL Group Entities for the purpose of availing services.

3. SUPPLEMENTAL TERMS & RIPL GROUP ENTITIES

   You agree and acknowledge that several features including but not limited to credit/lending products offered through BharatPe, Bill payments are subject to certain supplemental terms set out below. Your usage of any features that have a set of Supplemental Terms of Use is deemed to be acceptance of the said Supplemental Terms of Use. You further agree that any Services may be provided to You either directly by BharatPe or by any RIPL Group Entity

4. PROFILE CREATION/ REGISTERATION/ USAGE

   You may use the Website without registration however, to participate in certain activities of the Website you may be requested to create an account or you can login any other third party service account permitted by the Website. In the event you wish to create an account with us you may do so by completing the registration process.
   
   You agree to a) provide true, accurate, correct and complete information as prompted by the applicable registration form b) maintain and update true, accurate, correct and complete information provided by you during the registration process, c) You are also required to keep your accounts, KYC details and contact information complete and updated at all times. You may be required to choose a password and username. You are solely responsible for maintaining the confidentiality of your password and account.
   Once registered on the App, we may may ask you for additional information in order or avail a specific service and may involve creation of sub-accounts for availing such services and/or dealing with third parties and providing them with sufficient information.
   
   If at any time we believe that your account and password is being misused in any manner, or that the information provided by you during the registration process is not true, inaccurate or incomplete we reserve the right to cancel your account and block your access to Website.
   
   The device on which You download App and use during registration, shall become Your registered device and device details shall be stored by us. The moment You log into your BharatPe account from a different device by way of downloading and using the App, you will be asked to allow RIPL to send an SMS from the new device, after which the new device becomes the registered device. You will not be able to access your account using your previous device until you re-login and re- authorize yourself on that device.
   
   In the event, Your phone number using which You have registered is transferred, surrendered and/or deactivated, for any reason whatsoever, it shall be Your responsibility to inform RIPL in this regard.

5. CONSENT TO USE DATA

   Please read the Privacy Policy to understand how we collect, process and share your information with third parties including our affiliates and subsidiaries, in accordance with applicable law (collectively, "Information"). By agreeing to the Terms, you also hereby agree to our Privacy Policy, which may be updated and/or modified by us from time to time. You understand and agree that, to the extent permitted by applicable law, any data provided by you in connection with the Services may be shared with our subsidiaries, affiliates or partners, and/ or used by us for enhancing the Services, including but not limited to creating new products.

6. CREDIT INFORMATION

   1. You hereby agree and authorize RIPL/or the RIPL Group Entities to access, use, collect my Credit Information for the purpose of providing you the Services and if required, share it with the Financial Partner.

   2. You hereby agree and authorize the RIPL and/or RIPL Group Entity (as the case may be) and/or the Financial Partner to collect, pull, store and verify my credit report from CIC and KYC details from other authorities for the providing you the Services and/or processing your loan application.

7. REPRESENTATIONS, WARRANTIES AND COVENANTS:

   You hereby agree, represent and warrant that:

   1. All registration information you submit is truthful, complete and accurate and you agree to maintain accurate, complete and up-to-date account information in your account.

   2. Your use of the App shall not violate any applicable law or regulation.

   3. Your use of the App and Website shall be only for personal purposes.

   4. You are responsible for all activity that occurs under your account.

   5. You are responsible for maintaining the confidentiality of the access credentials of your account and are fully responsible for all activities that occur under your account. You agree to immediately notify RIPL of any unauthorized use of your passcode or account or any other breach of security.

   6. You agree that You are aware and responsible for all transactions taking place through your Account. You shall continue to be responsible for the transactions in your account, if you knowingly or negligently (i) grant any other person access to your App, (ii) permit them to transact on Your account, or (iii) transact on any other person’s behalf or directions; whether by sharing one-time passwords or in any other manner.

   7. You shall not indulge in decompiling, reverse engineering, disassembling content, removing any intellectual property right associated with the App, including our copyright, trademarks, trade secrets, designs, and patents, or other proprietary notices.

   8. You shall not access or use the App in any manner that (i) may be harmful to the operation of App or its content; (ii) may be unlawful; (iii) maybe harmful RIPL and RIPL Group Entities or to any other User; (iv) may hinder the other User’s enjoyment of the App; or (v) to defraud other Users, RIPL or any Commercial Partner.

   9. You shall not delete or modify any content of the App.

   10. Your use of the App shall indicate that you have provided consent to automatically receive updates such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, ‘Updates’), for the purpose of effective delivery of the Services. Please note that your continued use of the App following such Updates would mean deemed acceptance by you of the same.

   11. You understand and accept that not all products, services and rewards offered on the App are available in all geographic areas and you may not be eligible for all the products, services and rewards offered. RIPL reserves the right to determine the availability and eligibility for any product, services and rewards offered to you on the Platform.

   12. You shall request RIPL, to block the Account and change the passcode immediately for the account, if your device has been lost or stolen.

8. UNAUTHORIZED TRANSACTIONS

   RIPL may, in its sole discretion, suspend Customer Payment Account and/or suspend the settlement of funds for a reasonable period of time required for reasons including investigation of a suspicious or unusual transaction activity. RIPL shall make good faith efforts to notify you as promptly as is commercially reasonable about such suspension. RIPL shall have no liability for any losses, either direct or indirect, which you may incur or suffer on account of any such suspension.

9. INTELLECTUAL PROPERTY

   1. All rights, title, and interest in and to the App and Services, including all intellectual property rights arising out of the App and Services, are owned by or otherwise licensed to us. Subject to compliance with these Terms, we grant you a non-exclusive, non-transferable, non-sub licensable, royalty-free, revocable, and limited licence to use the App in accordance with these Terms and its written instructions issued from time to time.

   2. All intellectual property including but not limited to the App, all material on the website and mobile application, are protected by copyright, trademarks, patents, trade secret and/or other intellectual property laws.

   3. No information, content or material from the App including, without limitation, all of the page headers, images, illustrations, graphics, audio clips, video clips or text, reports generated, trademarks, tradenames may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without Our express written permission. You are hereby given a limited licence to use the App subject to the adherence of these terms and conditions.

   4. RIPL, RIPL Group Entities, and its licensors, if any, are the sole owners of the underlying software and source code associated with the App as well as any other intellectual property rights of any other nature associated with the App and the Services.

   5. Feedback: We may request you to submit suggestions and other feedback, including bug reports, relating to the Services from time to time (“Feedback”). We may freely use, copy, disclose, publish, display, distribute, and exploit the Feedback we receive from you, without any payment of royalty, acknowledgement, prior consent, or any other form of restriction arising out of your intellectual property rights.

   6. Except as stated in these Terms, nothing in these Terms should be construed as conferring any right in or license to our or any third-party’s intellectual rights.

10. DISCLAIMERS

    1. We own, operate, and maintain a technology platform, and are not a financial institution under the Companies Act, 2013, or a Non-Banking Financial Company under the Reserve Bank of India Act, 1934 or the Banking Regulation Act, 1949 or any other laws for the time being in force in India.

    2. RIPL does not undertake any product liability or service obligations. We do not represent, warrant, or make guarantees on behalf of any third parties. We disclaim any responsibility or liability for any Services or offerings on the App.

    3. You accept full responsibility for any consequences that may arise from your use of the App, and in this respect agree and acknowledge that RIPL shall have absolutely no liability with respect to the same.

    4. To the fullest extent permissible under the applicable law, RIPL, and any of RIPL’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, satisfactory quality, accuracy, title and non-infringement, compatibility, applicability, usability, appropriateness, and any warranty that may arise out of course of performance, course of dealing, or usage of trade. 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.

    5. You acknowledge and agree that the use of the Services is at your sole risk. The App including 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” basis and without warranties or representations of any kind either express or implied. We and any of our 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.

    6. You hereby accept full responsibility for any consequences that may arise from your use of the Services, and expressly agree and acknowledge that we shall have absolutely no liability with respect to the same.

    7. To the fullest extent permissible by law, we, our affiliates, and our related parties each disclaim all liability to you for any loss or damage arising out of or due to:

       1. your use of, inability to use, or availability or unavailability of the Services, including any Third Party Services;

       2. the occurrence or existence of any defect, interruption, or delays in the operation or transmission of information to, from, or through the Services, communications failure, theft, destruction or unauthorised access to our records, programmes, services, server, or other infrastructure relating to the Services; or

       3. the failure of the Services to remain operational for any period of time

11. THIRD PARTY SERVICES

    1. The Services may include services, content, documents, and information owned by, licensed to, or otherwise made available by a third-party including, but not limited to the Lenders (“Third-Party Services”) or contain links to Third-Party Services. You understand and acknowledge that Third-Party Services are the responsibility of the third-party that created or provided it and acknowledge that use of such Third-Party Services is solely at your own risk.

    2. We make no representations and exclude all warranties and liabilities arising out of or pertaining to such Third-Party Services, including their accuracy or completeness. Should you avail a Third-Party Service, you shall be governed and bound by the terms and conditions and privacy policy of the third parties providing the Third-Party Services. Further, all intellectual property rights in and to Third-Party Services are the property of the respective third parties.

12. INDEMNITY

    You shall indemnify, defend at RIPL’s option, and hold RIPL, RIPL Group Entities and Lender, its, subsidiaries, affiliates, and their officers, associates successors, assigns, licensors, employees, directors, agents, and representatives, harmless from and against any claim, demand, lawsuits, judicial proceeding, losses, liabilities, damages and costs (including, without limitation, from all damages, liabilities, settlements, costs and attorneysʼ fees) due to or arising out of your access to the App, use of the Services, violation of these Terms or any infringement of these Terms by any third party who may use your account with RIPL.

13. LIMITATION OF LIABILITY

    1. Notwithstanding anything to the contrary contained herein, neither RIPL nor any of its affiliates or related parties or RIPL Group Entities, shall have any liability to you or any third party for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under, directly or indirectly, or relating, in any manner whatsoever, to these Terms. To the maximum extent permitted by law, you agree to waive, release, discharge, and hold harmless RIPL, its affiliated and subsidiary companies, its parent 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 the use of the App or the Services.

    2. Where any products and/or services are made available to You through any Commercial Partners, such products and/or services will be provided on an as is and as available basis, without any representations and warranties, express or implied by the Company and its RIPL Group Entities.

    3. RIPL Group Entities and the Company does not make any representations pertaining to the information, content, products and/or services listed or included on or delivery of any such products and/or services to You through any Commercial Partner(s) and only acts as an intermediary between You and the Commercial Partner(s), as the case may be, in addition to providing any services or acting as a service provider or facilitator to any Commercial Partner. You explicitly agree, acknowledge and confirm that the Company and its Group Entities are not responsible in any way for the products and/or services purchased and/or availed by You from any Commercial Partner(s).

    4. You hereby acknowledge and agree that RIPL and RIPL Group Entities shall not be liable for failure of any transaction undertaken by You on any Commercial Partner’s platform for any reason whatsoever including but not limited to non-performance or omission or commission on the part of the Commercial Partners, deficiency of products and/or services delivered and/or technical errors on the Partner Merchant’s or the Partner Financial Institution’s platform.

    5. You acknowledge and agree that You shall be solely liable for any losses, disputes, and/or fraudulent transactions undertaken on any Commercial Partner’s platform due to Your failure in complying with the Terms or due to any other reason and RIPL and RIPL Group Entities shall have no liabilities in this regard.

    6. You further agree, acknowledge, and confirm, irrevocably and unconditionally, that under the aforesaid circumstances, Your only recourse will be against the relevant Partner Merchant(s) and/or the Partner Financial Institution(s), as the case may be, and LPL will neither be a necessary nor a proper party to any such issue and/or dispute between Yourself on the one hand and the Partner Merchant(s) and/or the Partner Financial Institution(s)on the other, as the case may be.

14. GRIEVANCE REDRESSAL

    To ensure that your concerns are addressed and resolved in a timely manner, Resilient Digi Services Private Limited (BharatPe) has formulated an escalation matrix as set out below.

    Level 1: Registration of your Complaint

    To register your complaint, please send an email to customer.support@bharatpe.com. We aim to resolve all your complaints within 10 business days.

    Level 2: Escalate to our Customer Support Centre

    Call our customer support centre at +91 8449767873 (+91 8449 - BharatPe). Our customer support aims to resolve all your complaints within 10 business days.

    Level 3: Escalate to our Grievance Redressal/Nodal Officer

    In relation to the extant guidelines as prescribed by the Reserve Bank of India, the details of our Grievance Redressal/Nodal Officer are set out below:

    Name: Rochak Kapoor
    Contact Details: +91 7289000552 Email: nodalofficer.consumer@bharatpe.com
    Working hours: Monday to Friday from 10:00 a.m to 7:00 p.m.

    Resolution Process

    • We aim to resolve all your concerns and complaints in our level 1 matrix within the said timelines.
    • In the event, your concern remains un-resolved or not resolved to your satisfaction and you wish to escalate your concern to next level, you need to ensure that you have already exhausted the previous level(s). You are also required to hold a valid ticket number before approaching each level.
    • Please note that due to technical or operational reasons there may be delay in resolving your complaint. Further, if the issue/grievance is related to a third party, then the aforestated timelines may change. The delay/increased timelines may be dependent on the respective third party including but not limited to the clearing house/banks /network providers/regulator. In these cases, we will inform you promptly of such delay and increased timelines.
    • In the event of a refund, you may get an approval for refund instantly, but it may take 3-10 business days for the money to be reflected in your account.
    • If your query or complaint has not been satisfactorily resolved at previous levels within 30 days, you can reach out to the RBI ombudsman at https://cms.rbi.org.in/ or visit the Sachet portal at https://sachet.rbi.org.in/