- KYEPOT means the "Website", www.kyepot.com , microsites and any landing pages owned and operated by KyePot Technologies Private Ltd and KyePot Mobile Application ("App") the ("Company"). In these Terms "we", "us", "our" refer to the "Company", KYEPOT and "you" and "your" refer to the individual or Agency (the "Agency"/"Agencies") using the Services.
2. ELIGIBILITY CRITERIA AND ACCOUNT SETUP
- You may use our Services, if you are 18 years of age or older and are legally capable of entering a binding contract as per applicable law, including but not limited to, the Indian Contract Act, 1872.
- You must provide accurate information and complete information when registering for our Services.
- KYEPOT makes no claim that the Services or Content are appropriate or may be accessed, used or downloaded outside the India. If you access the Service or Content from a location outside the India, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction regarding online conduct and acceptable content.
- To use our Services, you must register and maintain an Account. The registration requires you to submit information such as name, mobile number, email. You agree that you will provide and maintain accurate information, in-line with the terms outlined in this agreement and in section 5 User content.
- The Services include Website, Mobile Application, SMS, Emails, calls, databases, Interactive Voice Response services and all other services and functionalities that KYEPOT provides through online or offline channel.
- You acknowledge that KYEPOT allows to save and borrow money in chit groups in partnership with licenced and regulated chit fund provider/s (the Agency/Agencies).
- You acknowledge that KYEPOT, on the basis of it's methodologies and algorithms provide dynamic evaluation which may serve as a deciding factor whether you are accepted in a chit group.
- You acknowledge and agree that KYEPOT does not guarantee your acceptance in a chit group and that KYEPOT or the Agency/Agencies at their sole discretion may decline your request to join a chit group.
- You acknowledge and agree that KYEPOT or the Agency/Agencies may at their sole discretion request additional documentation, information and perform additional verification such as credit reference checks.
- You acknowledge and agree that KYEPOT is not a party to any agreements entered between users and the Agency, and that KYEPOT is not a chit fund, a bank, a non-banking financial institution, money services business or a payment processor. The Services provided by KYEPOT enable users to participate in chit groups managed by the Agencies. KYEPOT has no control over the conduct of users of the service, the Agencies, any information exchanged between users, Agencies, its content or any sharing decisions by or among users, Agencies and disclaims all liability in this regard.
- Your use of Services provided by KYEPOT does not create any obligations on KYEPOT in relation to the deposits/withdrawals you make within KYEPOT. Additionally, any claims you make may only be directed to the Agency/Agencies.
- You are solely responsible for reviewing, evaluating, and participation in any chit groups.
- You acknowledge and understand that interest comparison tools provided in the App and on the website are only indicative and are based on analysis of the historic data of various chit groups and chit funds. Neither KYEPOT nor the Agencies promise such interest rates as the interest rates vary as per the groups dynamics. You acknowledge and agree that actual interest rates may differ and neither KYEPOT nor the Agency shall be held liable for any loss that you may incur on account of you relying on this information.
- KYEPOT is platform to enable transactions between Users and Agencies.
- You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Service and Content.
- KYEPOT has the right to investigate and prosecute violations of any of the Terms outlined to the fullest extent of the law. KYEPOT may involve and cooperate with law enforcement authorities in prosecuting Users who violate these Terms.
- You acknowledge that KYEPOT has no obligation to monitor your access to or use of the Service or Content or to review or edit any User Content, but has the right to do so for the purpose of operating the Service, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
- The app only works with compatible devices running Android 4.0 and above. You may need to upgrade the operating system on your device if we change the version(s) we support. You may not be able to install or use the app on a jailbroken or rooted device. Some features may not be available on all platforms or operating systems.
4. YOUR CONDUCT AND USE OF SERVICES
You acknowledge and agree to the following:
- You are solely and fully responsible for all the user content, conduct, postings and transmissions that are made under your user Account and that you have all rights, licenses and consents that are necessary to grant to KYEPOT the rights in such User Content, as contemplated under these Terms.
- Your User Content, your photos, posting, information, content, any publication, or any user content or KYEPOT's use of the User Content (or any portion thereof) on, through or by means of the Service, will not infringe, or violate a third party's patent, copyright, trademark, trade secret or other proprietary or intellectual property rights, or result in the violation of any applicable law or regulation.
- You agree that by using the Service, you represent, warrant and agree that you will not:
- Infringe on the intellectual property, any patent, trademark, copyright, moral rights or proprietary rights of any person, Agency, KYEPOT or any other 3rd party.
- Use manual or automated software, robots or any other means or processes to access, scrape or download any web pages, Content or other Services.
- Use the Service for any commercial or other purposes that are not expressly permitted by these Terms.
- Damage or interfere with the Service or exploit vulnerabilities including but not limited to using Trojan horses, denial of service, any harmful code or any kind of virus or hacking tools or technologies.
- Violate any law or regulation, or any order of a court.
- Use, distribute, collect or store information about any other persons.
- Use the Service to distribute unsolicited commercial email or any other content.
- Recruit or otherwise solicit any other User to join third party services or websites that are competitive to KYEPOT, without KYEPOT's prior written approval.
- Impersonate any person or entity.
- Post, upload, publish, submit or transmit any Content that: violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; is fraudulent, false, misleading or deceptive; is defamatory, obscene, pornographic, vulgar or offensive; promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; is violent or threatening or promotes violence or actions that are threatening to any other person; or ) promotes illegal or harmful activities or substances.
- Use, display, mirror or frame the Service, KYEPOT's name, any KYEPOT trademarks, logos or other proprietary information, or the layout and design of any page or form contained on a page, without KYEPOT's express written consent.
- Access, tamper with, or use non-public areas of the Service, KYEPOT's computer systems, or the technical delivery systems of the Service or any third-party provider system.
- Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by KYEPOT or any of KYEPOT's providers or any other third party (including another user) to protect the Service or Collective Content.
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Service or Collective Content to send altered, deceptive or false source-identifying information.
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Service or Collective Content.
- Advocate, encourage, or assist any third party in doing any of the foregoing.
- You acknowledge and agree that KYEPOT has the right to block or suspend your use of the Services, if you breach these provisions or our terms and conditions.
- You must only install the app from the Android Playstore.
5. INFORMATION ABOUT YOU
- In order to use our Services, you may provide us with your information including but not limited to Your name, email, mobile number, Aadhaar number, Pan card and more. You confirm that the information provided by you is accurate.
- You agree that we may either directly, or through third parties, verify and confirm Your User Information.
- Changes to your contact details and communications: It is your responsibility to accurately update your profile information such as name, address, and any other contact details when using our website or app. Where requested by us, you must supply within 14 days, supporting documentation reflecting the change.
- You will be responsible for any loss that results from any failure to keep your contact details up to date.
- You agree that we may communicate by email, SMS, phone calls or any other online or offline channels with you at all times, which will include sending you payment reminders, notifications related to your chit groups, notifying you about the KYEPOT service and account related activity. Any email or SMS to you will be treated as being received as soon as it has been sent by us.
- If false or inaccurate information is provided or fraud is suspected, details may be passed to fraud prevention and credit reference agencies. Law enforcement agencies may access and use this information. The information recorded by fraud prevention agencies may be accessed and used by 3rd party organisations.
- KYEPOT may use your information for assessment and analysis (including behaviour scoring, market and product analysis and market research), to develop and improve our services to you and other customers and protect our interests. KYEPOT may also use your information for market and product analysis in order to generate statistical reports which may be shared with external companies for their own use. KYEPOT may also share your information with Agencies to develop and improve our services to you and other customers and protect our interests.
- We may give information about you and how you use KYEPOT to the following:
- Other companies within KYEPOT, and our relationship partners;
- Companies and organisations who provide a service to us or are acting as our agents (including their sub-contractors), on the understanding that they will keep the information confidential;
- Companies and organisations that assist us in processing transactions made via KYEPOT (including but not limited to payment processing service providers);
- Anyone to whom we transfer or may transfer our rights and duties under this agreement;
- Any third party as a result of any restructure, sale or acquisition of any company within KYEPOT, provided that any recipient uses your information for the same purposes as it was originally supplied to us and/or used by us. Otherwise we will keep information about you confidential unless we have a duty to disclose it or law or regulation allows us to do so for legitimate business purposes.
- Further, You authorize Us to:
- Collect, process and store User Information and access information including the IP address, IMEI number and MAC address of the computer/device from where the Website/App were accessed;
- Either directly, or through third parties, verify and confirm Your User Information;
- Send You promotional materials and/or special offers;
- Communicate with You by email or by phone or usually available means of communication;
- Contact You using Your User Information, including for marketing and promotional calls; and
- Share Your User Information with Agencies who may use the same to contact You, including on Your mobile phone.
- When needed, we will transfer your information to a person, office, branch or organisation located in jurisdiction under same levels of protection as we are required to apply to your information and, where appropriate, to use your information strictly in accordance with our instructions.
- We will retain information about you after your registration for KYEPOT is cancelled.
- You can ask for a copy of the information we hold about you by writing to us. A fee will be charged for this service.
6. INTELLECTUAL PROPERTY AND OWNERSHIP
- The Service and all its content are protected by copyrights, trademarks and other intellectual property rights.
- You acknowledge and agree that the Service and all its Content, including all associated intellectual property rights, are the exclusive property of KYEPOT and its licensors. You will not remove, alter or obscure any copyright, graphics, photographs, layout, service mark or other proprietary rights notices incorporated in or accompanying the Service or Collective Content.
7. LIMITATION OF LIABILITY
- You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Service, content, or chit groups remains with you.
- Neither KYEPOT nor any other party involved in creating, producing or delivering the Service or content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or service, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these terms, from the use of or inability to use the service or collective content, from participation in any chit groups, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not KYEPOT has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
- We do not warrant that our Services will be always available without any disruptions. We have no liability for any interruptions, delays, defects, or unavailability of our Services.
- We do not warrant that our Services are free of virus, Torjan, or malware.
- We do not warrant that our Services and all our contents do not infringe any intellectual property rights.
- The Services offered by KYEPOT will be available on 'as is' and 'as available' basis. We however will not be liable to you for any losses or costs you suffer:
- You are unable to access or use the Services for any reason or there is a delay in its use;
- Any device, hardware or software you use about the app is damaged or corrupted or fails to work;
- Services do not work as you expect, do not meet your requirements or contain errors or defects or we fail to correct these;
- You did not receive any SMS, Email, app notifications or any other form of communication in a timely manner;
- You sent, received or shared an inappropriate or illegal image or content or breached the rights of another person;
- There is a reduced level or failure to provide any service caused by any third-party service providers including software providers and mobile operators.
- You acknowledge and agree that KYEPOT does not review, endorse, recommend, verify, evaluate, warrant or guarantee any statement, opinion, response, advice, prediction, recommendation, information or content provided by any user. Nothing contained in these terms shall be considered as a referral, endorsement, recommendation, verification, warranty or guarantee with respect to (a) any user; (b) any Agency; or (c) any Chit Group; or (d) the validity, accuracy, availability, completeness, safety, legality, quality or applicability of any chit groups, content or anything otherwise contained in or made available on the service or any other forum.
- If you choose to use the service, you do so at your sole risk. You are solely responsible for all of your communications and interactions with other users, with Agencies or with other persons with whom you interact or communicate with as a result of your use of the Service. You agree to take reasonable precautions in all communications and interactions with other users and with other persons with whom you communicate or interact as a result of your use of the Service. You acknowledge and agree to indemnify and hold KYEPOT harmless in connection with any claim and any damages or expenses arising from your use of the Service.
- KYEPOT will not be liable for enforcing any agreement that was made between Agency and the users participating in a chit group.
9. TERMINATION OF SERVICES
- We reserve the right to, in our discretion and without liability to you, with or without any cause and without any prior notice, at any time terminate these terms or your access to Service and suspend your user account.
- You may cancel your User account at any time by contacting KYEPOT. Please note that if your User account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Service, including, but not limited to, photos, personal information, any reviews or feedback etc.
- You agree to release, defend, indemnify, and hold KYEPOT and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal fees, arising out of or in any way connected with (a) your access to or use of the Service, Agencies, Chit Groups or content; (b) your violation of these Terms; (c) your User Content; (d) your (i) interaction with any User, Agency and/or Chit Group (ii) reliance on any information exchanged via the Service, or (iii) creation of a Profile; (e) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (f) any claim that you or your Content caused damage to a third party.
11. REFUND AND CANCELLATION POLICY
- You agree and acknowledge that Services provided by KYEPOT enables you to pay the chit contributions using various online payment channels. You acknowledge that the payments you make towards your chit contributions are made directly into the bank account of the Agency (i.e. the licenced chit fund company) and are irreversible. KYEPOT or the Agency will not be liable to reverse such payments. You understand and acknowledge that you shall NOT be entitled for any refunds or reversal in case of successfully remitted payments towards your chit contribution to the Agency. You will be entitled to your subscriber rights under the chit agreement which you will enter with the Agency when joining a chit group.
12. CONTACT US
You may contact us for any questions or comments via email or via post, details of which are provided below.
Address: 91springboard, B Wing, 5th Floor, Ackruti Trade Centre, MIDC, Andheri (E), Mumbai-400093