GENERAL TERMS & CONDITIONS

INTRODUCTION

Third Unicorn Private Limited, a company incorporated under the Companies Act, 2013 having its registered office at 489/55/4, Second Floor, KH. No. 489/55, Vill – Sheikh Sarai, Malviya Nagar, Maharishi Dayanand Marg, Corner Market Malviya Nagar (South Delhi), New Delhi – 110017, India (hereinafter referred to as "Zerope", "We", "Our", "Us") operates the website ZeroPe.care and mobile application ("ZEROPE") (hereinafter the Website and App are together referred to as "Platform(s)").

We through the Platform shall offer from time to time various types of credit services ("Services") in collaboration with: (a) one or more lending partners like banks, non-banking financial institutions and other financial institutions (collectively referred to as "Lending Partners"); and (b) providers of different products and services which maybe individual or entity with whom ZeroPe has a contractual relationship excluding the Lending Partner(s) ("Commercial Partners") to you, the user, ("User" or "You") subject to compliance with these general terms and conditions (hereinafter referred to as "Terms & Conditions") along with all other rules, regulations, policies and terms & conditions specified by Us, the Lending Partner(s) and Commercial Partner(s) including the Specific Terms & Conditions (collectively referred to as the "Agreement").

Please read the Terms & Conditions carefully before registering on, accessing, browsing, downloading or using any Services offered on the Platform or any electronic device. We also advise that You may refer to and read the frequently asked questions (FAQs), if any, that are available at the Platform.

ACCEPTANCE

Eligibility

The Platform and the Services are only available for, and to, persons who are competent to enter into legally binding agreements under the Indian Contracts Act, 1872. For avoidance of any doubt, no Services or access to the Platform will be available to any person that has been previously stopped/blocked from accessing the Platform or the Services by ZeroPe, unless specifically permitted by ZeroPe at its sole discretion.

User's Representations

  • You are 18 years of age or older;
  • You are capable of entering into a legally binding agreement as per the prevalent law of India;
  • You are not barred or otherwise legally prohibited from accessing or using the Platform and/or Services; and
  • You are an Indian national and a tax resident of India, and not a tax resident of any other country.

User's Acknowledgement

  • The Agreement including the Terms & Conditions form a legally binding contract between You, ZeroPe and other relevant parties in connection with the use of the relevant Service(s) and/or Platform;
  • ZeroPe has the right to, from time to time, alter, add, remove, amend and/or modify any portions or whole of the Terms & Conditions, without any prior notice to You, and You agree to comply with such amended Terms & Conditions. Once posted, the changes will come into effect immediately unless specifically stated otherwise. ZeroPe will update You on an annual basis or as otherwise prescribed under applicable law of India all the changes or amendments made by ZeroPe to the Terms & Conditions. For avoidance of doubt, it is hereby stated that any change or amendment made to the Terms & Conditions will come into effect immediately upon posting (unless otherwise specified) and not on the day on which You may be notified of the changes. Any failure or delay in updating You of the changes or amendments will not impact their validity. You will be solely responsible for keeping yourself updated by regularly reviewing the Terms & Conditions. Continued access or use of Platform and/or Service(s) will be deemed to constitute Your irrevocable and unconditional acceptance of the amended Terms & Conditions;
  • You have provided consent to automatically receive updates such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, 'Updates'). Your continued use of the Platform following such Updates constitutes deemed acceptance;
  • You have not and shall not impersonate any person or entity, or falsely state or otherwise misrepresent Your identity, age or affiliation with any person or entity;
  • It is Your absolute responsibility to independently evaluate, or obtain independent advice from a competent professional of, the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the Platform specifically or on the internet generally;
  • If at any time You do not agree with any provision of the Agreement including Terms & Conditions, You shall immediately cease Your use of the relevant Service and forthwith make payment of all outstanding amounts due to ZeroPe, the Lending Partner and/or Commercial Partner in accordance with the Agreement;
  • You are responsible for all activity and transactions that occur under your account, whether knowingly or negligently, including actions by individuals under 18 years of age;
  • You are using the Platform(s) only for your personal purposes;
  • You shall not indulge directly or indirectly in decompiling, reverse engineering, disassembling content, or removing any intellectual property right associated with ZeroPe;
  • You shall not access or use the Platforms in any manner that is harmful, unlawful, hinders other users' enjoyment, or to defraud other users, ZeroPe or any partner;
  • You shall neither attempt to delete/modify the Platform nor distribute software/files that contain viruses or malicious content; and
  • You understand and accept that not all Services are available in all geographic areas and you may not be eligible for all Services. ZeroPe reserves the right to determine availability and eligibility.

User's Undertakings

While accessing or using the Service and/or the Platforms, You agree not to:

  • Violate any of the provisions of the Agreement including the Terms & Conditions;
  • Avail Services with monies obtained illegally or from sources not permitted under applicable law of India;
  • Infringe our or any third party's intellectual property rights, rights of publicity or privacy;
  • Post, transmit, modify, store, update, or share any content which is defamatory, objectionable, false or untrue, pornographic, harmful to a child, threatens the unity/sovereignty of India, causes incitement to cognisable offences, prevents investigation, or insults any nation;
  • Refuse to cooperate in an investigation or provide confirmation of Your identity or other information;
  • Use Services/Platform in any manner that could damage, disable, overburden, or impair them;
  • Use any robot, spider, other automatic device, or manual process to monitor or copy the Platform;
  • Impose an unreasonable or disproportionately large load on ZeroPe infrastructure/network;
  • Sell Services, information, or software associated with or derived from these;
  • Use Platform capabilities to solicit/perform any illegal or forbidden activity; and
  • Use Services in a manner that results in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties, and other liability.
USE OF PLATFORM AND AVAILING OF SERVICES

Until You accept and comply with the Terms & Conditions, or have not revoked your acceptance, ZeroPe hereby grants You a personal, non-exclusive, non-transferable, limited, revocable privilege to enter and use Platforms and/or avail Services. Availing any Service(s) is also subject to Specific Terms & Conditions and other rules/policies specified by Us, the Lending Partner(s) and/or Commercial Partner(s).

Registration on Platform

To access the Platforms, open a User account by registering and completing authentication (including OTP sent to Your mobile number). Access will be linked to Your registered mobile number. Location details may be tracked during registration. Additional accounts may be required for certain Services per their Specific Terms & Conditions.

Account Data Confidentiality and Verification

  • Provide correct, complete and accurate personal information (name, address, contact number, KYC, etc.) and keep it up to date. Keep login credentials confidential and notify ZeroPe immediately of any unauthorised use or device loss.
  • Provide additional information on ZeroPe’s request to verify Your identity before using Service(s).
  • Seek your credit score via the Platform and disclose it to ZeroPe. ZeroPe may use it to determine eligibility and may deny access below internal thresholds.
  • Notify ZeroPe immediately of any change in Your registered email and/or mobile number at contact@third-unicorn.com.
  • You may only possess one account, unless otherwise permitted by ZeroPe in writing.

Arrangements with Partner Merchants and Partner Financial Institutions

Products/services made available through any Lending Partner or Commercial Partner are provided on an as is and as available basis, without representations or warranties by ZeroPe. ZeroPe acts as an intermediary/facilitator. You agree that:

  • ZeroPe shall not be liable for failure of any transaction on a partner platform, including non-performance, deficiency or technical errors;
  • You are solely liable for any losses/disputes/fraud on partner platforms. Your recourse, if any, is against the relevant partner. ZeroPe is neither a necessary nor proper party.

Mechanics of payment transactions

Payment mechanisms for any Service are set out in the Specific Terms & Conditions or on the Platform page for that Service.

KYC check and authentication documents

For some Services, You may be required to provide KYC information and other authentication documents as prescribed by law and specified in the Specific Terms & Conditions / these Terms.

Communications and Information

  • ZeroPe may send alerts to Your registered mobile/email or via push notifications (and updated contacts You provide).
  • Delivery depends on Your device/server/push settings; delays or non-receipt may occur if devices/servers are off or notifications disabled.
  • Reasonable efforts will be made to send alerts; it shall be deemed that You received the information. ZeroPe is not obligated to confirm recipient authenticity and is not liable for non-availability of such services.

Territorial Restrictions

Territorial restrictions for each Service are set out in the Specific Terms & Conditions for that Service.

Suspension/Termination of Account

ZeroPe and/or partners may suspend/terminate Your account and refuse Services, at ZeroPe’s sole discretion and without prior notice, if: (a) You provided untrue/inaccurate/not current/incomplete information; (b) You breach the Agreement; or (c) for any other reason deemed fit. ZeroPe/partners are not liable for loss/damage due to such suspension/termination.

If suspicious or unusual activity is suspected, we may suspend access. If we suspect abuse of features/offers/rewards or attempts to gain undue advantage, ZeroPe may reverse transactions, suspend the account or restrict Platform features.

You may end your legal agreement by deactivating your account and discontinuing the Services. Records may be retained for archival/regulatory reasons. Deletion/termination does not terminate obligations undertaken prior thereto, including loan or credit line repayment.

Consequence of Suspension/Termination

Upon termination/suspension, You remain liable to pay in full all amounts due to ZeroPe/partners in relation to the Service and must comply with applicable Terms & Conditions until such amounts are paid in full.

PERSONAL INFORMATION

Privacy Policy

You agree and expressly consent that Your Personal Information shall be collected, handled, stored, analysed, and used by ZeroPe, the Lending Partner and/or the Commercial Partner or any other third party for providing Platform access, enabling Services, and complying with applicable law. ZeroPe will handle Your Personal Information in accordance with its Privacy Policy as amended from time to time. In case of any discrepancy between these Terms & Conditions and the Privacy Policy regarding Personal Information, the Privacy Policy shall prevail.

Sharing of Personal Information

ZeroPe and/or partners may obtain/verify/receive information relating to You from other service providers, financial institutions and/or governmental agencies in connection with Platform access or Services. To the extent permitted by law, data provided by you may be shared with subsidiaries/affiliates/partners and/or used to enhance Services, including to create new products.

Personal Information

“Personal information” means all personal information provided by You, together with personal information received by ZeroPe/partners from third parties or generated in the course of accessing the Platforms and availing Services. Such Personal Information may be displayed (automatically or otherwise) upon logging into Your account or initiating transactions on partner platforms. Some information required to service Your account is readily available on the Platforms and only viewable by You.

FEES

You are responsible for any fees applicable to certain transactions or use of the Platform/Services; you will be notified of such fees prior to completion. By clicking ‘Proceed’ / ‘Submit’ / ‘Continue’ or similar, You consent to the displayed fees.

SPECIFIC TERMS & CONDITIONS FOR CREDIT FACILITIES RELATED SERVICES

Process for availing Cash loans

Based on your credit information and Lending Partners' preliminary criteria, ZeroPe may show loan offerings. ZeroPe may introduce, vary or withdraw offers at any time and does not guarantee availability. If a loan offering is available, you can complete the disbursal journey which may include CKYC verification, liveliness/Video KYC, creation of UPI Automatic mandate, e-NACH or auto-debit mandates, and OTP-based e-execution of loan documents.

Cancellation of Loan

At any stage of the disbursal journey (including failure to complete KYC or inability to create mandates), the Lending Partner may decline to issue the loan. No User is assured of a loan; the Lending Partner may refuse at its discretion.

Key Fact Statement

A Key Facts Statement (KFS) will be displayed with principal amount, EMI, APR (inclusive of processing fee and interest), total interest payable, penal charges, recovery mechanism, grievance officer details, and cooling-off/look-up period.

Reporting of Credit Line Sanctioned

Upon completing KYC and being sanctioned a credit line, the Lending Partner may report the credit line to relevant credit bureaus as required by law.

Recovery Agents

In compliance with RBI Guidelines on Digital Lending dated 02.09.2022 and other applicable regulations/guidelines, details of third parties deputed for collection in a specific default case shall be communicated to the User at the time of sharing such personal information.

Sharing of User's PAN Details

ZeroPe may store and share with Lending Partners the User's PAN obtained through credit reports, during application, or otherwise shared by the User.

Borrower's Covenants

  • The loan will be repaid via equated monthly instalments (EMIs) as specified. Auto-pay mandates (UPI Automatic, e-NACH and/or card auto-debit) will be used to auto-deduct EMI from the selected account.
  • The Borrower will pay each EMI on/before the due date. Non-payment constitutes default and may attract additional interest/late charges and adversely affect credit score.
  • By availing the loan, the Borrower consents to the Lending Partner and/or ZeroPe (and their representatives/agents) contacting the Borrower by phone/in person/otherwise to recover dues, notwithstanding registration with the National Do Not Call Registry.
  • Upon specific events in the loan documents, the Lending Partner may demand immediate repayment of the entire outstanding.
  • Loan terms communicated at the time of availing are binding. Terms (including interest) may vary per RBI directions or regulatory requirements; such variations will be communicated by the Lending Partner and/or ZeroPe.
  • Nothing prevents pre-payment in full subject to any pre-payment charges in the loan documents. For EMI pre-payments, interest charged as part of that EMI will not be reduced/refunded.
  • The Borrower is not a politically exposed person (PEP); KYC details are correct; the Borrower will inform ZeroPe and the Lending Partner of any change in PEP status or KYC details.
  • Loan documents create obligations independent of these Terms; stopping use of the Platform does not affect obligations owed to Lending Partners.

Other important features

  • The Borrower shall receive signed loan documents on email along with the Key Facts Statement.
  • The Borrower may close a loan within three (3) days of disbursal without penalty or pre-payment charges by informing ZeroPe via customer support on the Platform.

Information and Grievance Redressal

Information related to the loan is available on the Platform; additional information may be sought via ZeroPe's customer support. If further information or grievances arise, reach out per the Grievance Redressal Mechanism below.

GRIEVANCE REDRESSAL MECHANISM

ZeroPe has a robust customer service and grievance redressal mechanism to provide efficient and swift resolution.

PROMOTIONAL OFFERS

You authorise and consent to receive from Lending Partner(s), Commercial Partner(s) and ZeroPe (and their affiliates, group companies, business partners, employees, agents or associates) promotional offers/deals/marketing materials via calls, email, SMS, WhatsApp or other electronic means. Laws relating to unsolicited communications (NDNC) will not be applicable for such communications from the foregoing parties.

DISCLAIMERS

ZEROPE HAS DEVELOPED, OWNS, OPERATES AND MAINTAINS A TECHNOLOGY PLATFORM. ZEROPE IS NOT A LENDER. ANY CREDIT FACILITY MADE AVAILABLE TO YOU BY ANY LENDER IS GOVERNED BY TERMS BETWEEN YOU AND THE LENDER; ZEROPE IS NOT A PARTY.

Platforms may contain links to third-party websites/apps. These are marketing campaigns and not offers/invitations by ZeroPe/partners. Upon clicking a link, you are directed to the third party’s page. Access/use is at your discretion and risk. ZeroPe/partners are not liable for accuracy, quality, or outcomes of third-party products/services and make no representations/warranties. Links are provided solely for convenience.

Information on the Platform is general information for personal use; you accept full responsibility for its use. ZeroPe does not represent or endorse the accuracy or reliability of information/ads contained on or linked from the Platforms.

LIMITATION OF LIABILITY AND INDEMNITY

Limitation of liability

  • ZeroPe’s liability with respect to the Service is limited to the extent set out in these Terms & Conditions and/or Specific Terms & Conditions, whichever is lower;
  • Platforms/Services are provided on an “as is / as available” basis and may be interrupted during browsing/transacting;
  • Services are on a reasonable-efforts basis; ZeroPe is not liable for failure or delay in providing Services;
  • To the maximum extent permitted by law, in no event shall ZeroPe be liable for any special, incidental, indirect, punitive, or consequential damages (including loss of goods/services, profits, business interruption, information, etc.);
  • ZeroPe is not liable for failure to perform due to events beyond reasonable control (act of God, war, unrest, pandemics, government action, change in law, etc.);
  • ZeroPe offers Services and sets prices/terms in reliance on these disclaimers/limitations which form an essential basis of the bargain.

Notwithstanding anything, the total cumulative liability of ZeroPe and its affiliates/associates to You for all damages, losses and causes of action arising from or relating to Your use of the Platforms or arising from the Agreement shall not exceed INR 10,000 (Indian Rupees Ten Thousand only).

Indemnity

You indemnify and agree to hold ZeroPe, its affiliates, employees, officers, directors and partners (including agents and service providers) harmless from any/all claims, losses, damages, liabilities, costs and expenses (including legal fees) arising out of or related to: (i) Your use/misuse of the Services/Platform; (ii) any violation of the Agreement; (iii) any breach of Your representations/warranties/covenants; (iv) violation of any third-party right (IP/privacy); (v) failure to comply with applicable law (including tax/cyber laws); or (vi) any claim that Your use of the Platform caused damage to another user/third party.

Tax Liability

You agree to comply with applicable tax laws related to Your use of the Services, including reporting/payment of any taxes arising from payments made through the Platform or funds/income received through the Services. Where required by law, ZeroPe may deduct TDS from winnings/cashback and/or require PAN before providing cashback/other winnings.

INTELLECTUAL PROPERTY

You acknowledge ZeroPe is the sole/rightful owner of ZeroPe intellectual property. You agree not to register/use/file in Your or any other name, any marks that are the same/similar/resemble ZeroPe IP, nor associate such IP with other businesses except as permitted in these Terms. IP includes names, signatures, words, letters, numerals, software, trademarks, brand names, service marks, trade names, designs, logos, know-how and trade secrets (registered or not). Nothing authorizes You to use/display/exploit ZeroPe IP without prior written consent. All Platform/Service content is the copyright of Zerope except third-party content and links.

GOVERNING LAW AND JURISDICTION

These Terms & Conditions are governed by the laws of India. If any dispute(s) arise between You and ZeroPe in connection with or arising out of these Terms, both parties shall attempt, for 30 (thirty) days from receipt of a written notice (“Disputes Notice”) from the other party, to settle such dispute(s) by mutual discussions.

If the dispute(s) cannot be settled within thirty (30) days, such dispute(s) shall be referred to arbitration by a sole arbitrator in accordance with the Arbitration and Conciliation Act, 1996 (as amended). The Parties shall mutually appoint the sole arbitrator within forty-five (45) days from expiry of the mutual settlement period. If the Parties fail to do so, such sole arbitrator shall be appointed in accordance with the provisions of the Arbitration Act…