GENERAL TERMS & CONDITIONS 

 

  1. 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.com 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.

 

  1. 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: By registering with ZeroPe or accessing the Services, You are representing the following:

 

  1. You are 18 years of age or older;

 

  1. You are capable of entering into a legally binding agreement as per the prevalent law of India;

 

  1. You are not barred or otherwise legally prohibited from accessing or using the Platform and/or Services; and

 

  1. You are an Indian national and a tax resident of India, and not a tax resident of any other country.

 

User’s Acknowledgement: By accessing, browsing, downloading, using or registering on the Platform or any of the Service, it shall be deemed that You irrevocably and unconditionally agree and acknowledge that:

 

  1. 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;

 

  1. 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 to the Terms & Conditions by ZeroPe will not impact the validity and effectiveness of those changes or amendments. You will be solely responsible for keeping yourself updated of the changes/amendments in the Term & Conditions by regularly reviewing the Terms & Conditions on the Platforms and checking for any updates or changes on a regular basis. 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;

 

  1. 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 Platform following such Updates would constitute deemed acceptance by you of the same.

 

  1. 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;

 

  1. 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;

 

  1. if at any time You do not agree with any provision of the Agreement including Terms & Conditions or do not wish to be bound by the Agreement including the 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 terms of the Agreement. You shall be bound by and shall continue to adhere and abide by the Agreement, for so long as You avail that Service or owe any amount to ZeroPe, the Lending Partner and/or Commercial Partner, as the case may be, in relation to any of the Service(s);

 

  1. You are responsible for all activity and transactions that occurs under, or takes place through, your account, whether knowingly or negligently and if anyone uses your account, including individuals under 18 years of age, You will still be responsible for ensuring that such individuals comply with these Terms & Conditions and You will be solely responsible for all actions these individuals take in and/or through your account. You also acknowledge that ZeroPe does not have any responsibility of ensuring that You meet the aforesaid eligibility requirements;

 

  1. You are using the Platform(s) only for your personal purposes;

 

  1. You shall not indulge directly or indirectly in decompiling, reverse engineering, disassembling content, removing any intellectual property right associated with the ZeroPe, including Our copyright, trademarks, trade secrets, designs, and patents, or other proprietary notices;

 

  1. You shall not access or use the Platforms in any manner that (i) may be harmful to the Platform or its operation or its content or to other users; (ii) may be unlawful and not in accordance with the applicable law of India; (iii) may hinder the other users’ enjoyment of the Platform; or (iv) to defraud other users, ZeroPe or any Lending Partner or Commercial Partner;

 

  1. You shall neither, or attempt to delete/modify the Platform nor post, distribute, or otherwise transmit or make available any software or other computer files that contain a virus, other harmful component or malicious content, or otherwise impair or damage the Platform or any connected network, or otherwise interfere with any person or entity's use or enjoyment of the Platform; and

 

  1. You understand and accept that not all Services offered on the Platform are available in all geographic areas and you may not be eligible for all the Services offered on the Platforms. ZeroPe reserves the right to determine the availability and eligibility for any Services.

 

User’s Undertakings: While accessing or using the Service and/or the Platforms, You hereby irrevocably and unconditionally agree and undertake not to:

 

  1. violate any of the provisions of the Agreement including the Terms & Conditions;

 

  1. avail Services with monies that may have been obtained illegally or fraudulently or from sources not permitted under applicable law of India;

 

  1. infringe our or any third party’s intellectual property rights, rights of publicity or privacy;

 

  1. post, transmit, modify, store, update, or share any message or content data, image or program which: (i) is libellous, defamatory, racially or ethnically objectionable; or (ii) discloses private or personal matters concerning any person; or (iii) is false or untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person; or (iv) is pornographic, vulgar, paedophilic, offensive in nature;  or (v) which is harmful to a child; or (vi) threatens the unity, integrity, defence, security, or sovereignty of India, friendly relations with foreign states, public order; or (vii) which causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting to any other nation;

 

  1. refuse to cooperate in an investigation or provide confirmation of Your identity or any other information provided by You to ZeroPe;

 

  1. use Services or the Platform in any manner that could damage, disable, overburden, or impair these, including, without limitation, using Services or Platforms in an automated manner;

 

  1. use any robot, spider, other automatic device, or manual process to monitor or copy the Platform, in whole or in part;

 

  1. take any action that imposes an unreasonably or disproportionately large load on the infrastructure / network of ZeroPe;

 

  1. sell Services, information, or software associated with or derived from these or represent as ZeroPe’s representative to undertake the same;

 

  1. use the facilities and capabilities of Platforms to conduct any activity or solicit the performance of any illegal activity or any activity that is unlawful or forbidden under applicable law or under the Terms & Conditions or other activity which infringes the rights of others; and

 

  1. use Services in a manner that results in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties, and other liability to ZeroPe, a third party or You.

 

  1. 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 all or some of the Services. The availing of any Service(s) by You shall also be subject to Specific Terms & Conditions, compliance with all the rules, guidelines, policies, terms, and conditions specified by Us, the Lending Partner(s) and/or Commercial Partner(s), as the case may be, for that particular Service(s) being availed by You. You hereby consent and agree to comply with the rules, guidelines, policies, terms and conditions, instructions, requests, etc., as may be specified by ZeroPe, the Lending Partner(s), and/or the Commercial Partner(s), as the case may be, from time to time, in relation to each Service availed or to be availed by You.

 

Registration on Platform: In order to gain access to the Platforms, You need to open a User’s account with ZeroPe by registering on the relevant Platform and completing the authentication process through one of the methods of authentication specified on the Platforms, including but not limited to, entering the one-time password (OTP) issued by ZeroPe to You on Your mobile number that shall be provided by You. Your access to the Platform will be linked to the said mobile number which shall be the registered mobile number. You agree and acknowledge that Your location details may be tracked during the registration process. You may be required to open additional accounts for the purpose of availing different Services. There may be additional terms of and processes for opening an account in respect of a particular Service which shall be as set out in the specific terms & conditions for that Service (“Specific Terms & Conditions”), which shall be supplement to these Terms & Conditions. 

 

Account Data Confidentiality and Verification: You hereby agree, represent, warrant and confirm that:

 

  1. at the time of registration of Your account, You are obliged to provide correct, complete and accurate information including your personal information such as name, address, contact number, and KYC details, and further You shall at all time maintain accurate, complete and up-to-date account information including the personal information in your account. The login data/credentials are intended solely for Your personal use and therefore, are always to be kept secret and safe. You are not entitled to share the login credentials with any third parties for using Services or to disclose these otherwise. Further, You will be at all times responsible to maintain the confidentiality of the login credentials of your account. You will immediately notify ZeroPe of any unauthorized use of your passcode or account or any other breach of security, and in the event your device has been lost or stolen, You shall request ZeroPe, to block the account and/or change the passcode immediately for the account;

 

  1. You will provide additional information, on the request of ZeroPe to verify Your identity as a condition of providing any Service(s) to You or before ZeroPe permits You to use Service(s) through Your relevant account;

 

  1. You shall seek your credit score from credit information companies using the Platform and disclose the said credit score to ZeroPe. ZeroPe may use the said credit score to determine your eligibility for access to the various Services. ZeroPe may at its sole discretion prevent Users from accessing the Platforms in part or in whole if the credit score of a User is lower than a minimum entry threshold set by ZeroPe from time to time, which it shall set at its sole discretion.

 

  1. You shall be solely responsible for immediately notifying ZeroPe by contacting on  contact@third-unicorn.com  of any change in Your e-mail address and/or mobile number registered with ZeroPe; and

 

  1. You may only possess one account, unless otherwise permitted by ZeroPe in writing.

 

Arrangements with Partner Merchants and Partner Financial Institutions: Where any products and/or services are made available to You through any Lending Partner or Commercial Partner, 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 ZeroPe. ZeroPe 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 Lending Partner or Commercial Partner and only acts as an intermediary between You and the Lending Partner and/or the Commercial Partner, as the case may be, in addition to providing any services or acting as a service provider or facilitator to any Lending Partner and/or Commercial Partner. You explicitly agree, acknowledge and confirm that ZeroPe is not responsible in any way for the products and/or services purchased and/or availed by You from any Lending Partner and/or Commercial Partner. You hereby agree, represent, warrant and confirm that:

 

  1. ZeroPe shall not be liable, in any manner whatsoever, for failure of any transaction undertaken by You on any Lending Partner’s or Commercial Partner’s platform for any reason whatsoever including but not limited to non-performance or omission or commission on the part of the Lending Partner or the Commercial Partner, deficiency of products and/or services delivered and/or technical errors on the Lending Partner’s or the Commercial Partner’s platform;

 

  1. You shall be solely liable for any losses, disputes, and/or fraudulent transactions undertaken on any Lending Partner’s or Commercial Partner’s platform due to any reason whatsoever and ZeroPe shall have no liabilities in this regard. Further, Your recourse, if any, will be against the relevant Lending Partner(s) and/or the Commercial Partner(s), as the case may be, and ZeroPe will neither be a necessary nor a proper party to any such issue and/or dispute between Yourself on the one hand and the Lending Partner(s) and/or the Commercial Partner(s) on the other, as the case may be.

 

Mechanics of payment transactions: The mechanism for payment in respect of a particular Service shall be as set out in the Specific Terms & Conditions or the Platform for that particular Service. Please carefully read through the same to apprise Yourself of the payment mechanism and procedure for that particular Service.

 

KYC check and authentication documents: For availing some Services, You may be required to provide certain Know Your Customer (KYC) information and other authentication documents as prescribed under applicable law and as specified under the Specific Terms & Conditions or in these Term & Conditions. Please carefully read through the same to apprise Yourself of the KYC documents required for that particular Service. 

 

Communications and Information: For the purposes of communicating with You and seeking information/authentication from You:

 

  1. ZeroPe may send alerts to the mobile phone number or e-mail or push notifications provided by You while registering with the Platform for any Service or on any updated mobile number or e-mail address subsequently provided by You;

 

  1. You will be able to receive the alerts sent: (i) via short messaging service (SMS), only if the mobile phone is in On mode to receive the SMS; (ii) via e-mail, only if the e-mail servers and e-mail ids are functional; and (iii) via push notifications, only if You have enabled the receipt of such notifications. If the mobile phone is in Off mode or if the e-mail servers or email-ids are not functional or if the push-notifications feature has been turned off, then You may not get the alert at all or get delayed messages; and

 

  1. ZeroPe will make reasonable efforts to provide alerts via SMSs, e-mails or push notifications and it shall be deemed that You shall have received the information sent by ZeroPe as an alert on the mobile phone number or e-mail id provided during the course of, or in relation to, using of the Platform or availing of any Service. ZeroPe shall not be under any obligation to confirm the authenticity of the person(s) receiving the alert. ZeroPe shall not be liable for non-availability or non-receipt of the SMSs, email alerts, or push notifications service in any manner whatsoever.

 

Territorial Restrictions: The territorial restrictions of each Service shall be as set out in the Specific Terms & Conditions for that particular Service. Please carefully read through the Specific Terms & Conditions for a particular Service to apprise Yourself of the territorial restrictions that apply in relation to that Service.

 

Suspension/Termination of Account: You also hereby explicitly agree, acknowledge and confirm that ZeroPe, the Lending Partner and/or the Commercial Partner, as the case may be, shall have the right to suspend or terminate Your account and refuse any and/or all Services, at the sole discretion of ZeroPe without any prior notice to You: (a) if it is found that You have provided any information including personal information that is untrue, inaccurate, not current, or incomplete; or (b) if You are in breach of any of the provisions of the Agreement; or (c) for any other reasons deemed fit by ZeroPe. ZeroPe, the Lending Partner and/or the Commercial Partner, as the case may be, shall not be liable in any manner whatsoever for any loss or damage incurred by You or any dispute initiated by or against You, due to any untrue, inaccurate, not current, or incomplete information provided by You or You being in breach of the provisions of the Agreement. 

 

Further, if We have reason to believe that there is suspicious or unusual activity being carried out through your account, We may temporarily or permanently suspend your access to the Services and/or Platform, but the same shall not to be construed to mean as ZeroPe’s obligation. If We suspect that any feature, offer or reward promotion is being availed by You in a manner (i) that it is not intended to be availed; (ii) that is designed to deliberately side step fair use restrictions; (iii) that may result in you gaining an undue, unfair or unethical advantage over other users or Lending Partner(s) or Commercial Partner(s); (iv) that is intended to cause losses or other harm to Lending Partner(s) or Commercial Partner(s), ZeroPe reserves the right, but the same shall not to be construed to mean as ZeroPe’s obligation, to reverse the relevant transaction, suspend the account or restrict you from using the Platform in its entirety or any specific feature(s) thereof. You may reach out to the ZeroPe support team to assist you with any query or question arising as a result of the aforementioned suspension/ deletion. 

 

You may end your legal agreement with ZeroPe at any time by deactivating your account and discontinuing the use of the Services. We provide all Our users an option through which You may request deletion/deactivation of the complete account on the Platforms. Provided however, ZeroPe may continue to maintain records for record keeping and archival purposes and/or regulatory reasons. Deletion of the account or Termination also does not terminate Your obligations undertaken prior to deletion or termination of the account including but not limited to the obligation to repay any loan or credit line availed by You. 

 

Consequence of Suspension/Termination: In the event of any termination or suspension of any Service or Your account, You shall continue to remain liable to pay in full all amounts due and payable to ZeroPe, the Lending Partner and/or the Commercial Partner, as the case may be, in relation to that Service and shall not be discharged from Your obligation to comply with all applicable Terms & Conditions until such amounts are paid in full. 

 

  1. PERSONAL INFORMATION 

 

Privacy Policy: You hereby agree, and expressly consent to, 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, as the case may be, for the purpose of providing You access to Platform, enabling the use of Services and to comply with applicable law. Your Personal Information shall be collected, handled, stored, analysed, and used by ZeroPe in accordance with its privacy policy available at Privacy Policy as amended from time to time. You hereby irrevocably and unconditionally accept the Privacy Policy of ZeroPe. In case of any discrepancy between the terms of the Terms & Conditions and the Privacy Policy pertaining to handling, processing, using, sharing, disclosing, etc. of Your Personal Information, the terms of the Privacy Policy shall prevail.

 

Sharing of Personal Information: You also hereby explicitly agree, acknowledge and confirm that ZeroPe, the Lending Partner and/or the Commercial Partner, as the case may be, may obtain, verify, or receive information relating to You from other service providers, financial institutions and/or governmental agencies in connection with you accessing the Platform or offering of the Services. 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. 

 

 

Personal Information: For the purposes of this Terms & Conditions, “Personal information” shall mean all personal information provided by You, together with personal information received by ZeroPe, the Lending Partner and/or the Commercial Partner, from third parties or generated in the course of You accessing the Platforms and availing the Services. You hereby explicitly agree, acknowledge and confirm that such Personal Information may be displayed, automatically or otherwise, upon logging into Your account and/or initiating any transaction on the Lending Partner’s or the Commercial Partner’s platform, as the case may be. Please note that some of Your information, including Personal Information required to service Your account, is readily available on the Platforms and only viewable by You by logging on to the relevant Platforms.  

 

  1. FEES

 

You are responsible for any fees that may be applicable to certain transactions or use of the Platform or Services; where you will be notified of such applicable fees, prior to the completion of any transaction or use of the Platform or Services. By clicking ‘Proceed’ / ‘Submit’ / ‘Continue’ or any other similar button on the Platform, You shall be deemed to have consented to the fees displayed on the said page. 

 

  1. SPECIFIC TERMS & CONDITIONS FOR CREDIT FACILITIES RELATED SERVICES

 

Process for availing Cash loans: Based on your credit information and on the Lending Partners’ preliminary lending criteria, ZeroPe may show loan offerings to You. Provided however, ZeroPe may choose to introduce, vary or withdraw such offers at any time and ZeroPe does not guarantee or assure You of loan offerings being available. In the event, You have a loan offering available on the Platform, You can avail it by completing the loan disbursal journey set out on the Platforms which may include – CKYC verification, liveliness check or Video KYC verification, creation of UPI Automatic mandate, e-NACH mandate or auto-debit mandate on credit cards or other such mandates, and OTP based electronic execution of loan documents. 

 

 

 

 

Cancellation of Loan: At any stage of the loan disbursal journey, including but not limited to upon failure in completing the KYC process or upon inability to create the UPI Automatic mandate, e-NACH mandate or auto-debit mandate on credit cards or other such mandates, the Lending Partner may decline to issue the loan. No User is assured of a loan and the Lending Partner has the discretion in refusing a loan to any User for any reason whatsoever.

 

Key Fact Statement: A Key Facts Statement (KFS) will be displayed on the Platform along with details such as principal amount, EMI, annual percentage rate (APR) inclusive of processing fee and rate of interest other charges payable for the loan, annualized rate of interest, total interest payable, penal interest/charges, recovery mechanism, details of grievance redressal officer, cooling-off/look-up period. 

 

Reporting of Credit Line Sanctioned: User agrees, consents and acknowledges that upon the User completing KYC process and being sanctioned a credit line, the Lending Partner may report the credit line to relevant credit bureaus as required in accordance with applicable law.

 

Recovery Agents: In compliance with the RBI Guidelines on Digital Lending dated 02.09.2022 and any other relevant regulations or guidelines, the details of the third parties who are deputed for collection purposes in the case of each specific case of default shall be communicated to the User at the time of sharing such personal information.

 

Sharing of User’s PAN Details: User agrees, consents and acknowledges that ZeroPe may store and share with the Lending Partners the User’s Permanent Account Number (PAN) obtained through credit reports, submitted by the User during the loan application process or shared by the User in any other manner.

 

Borrower’s Covenants: User having availed of a loan shall hereinafter be referred to as a Borrower, and the Borrower hereby agrees, represents, warrants and undertakes that: 

 

  1. the loan will have to be repaid by the Borrower, by way of equated monthly instalments (“EMIs”) of the amount, specified on the Platform and the loan documents. For the repayment of loan purposes, the Borrower will have created UPI Automatic mandate, e-NACH mandate and/or auto-debit mandate on credit cards or other such auto-pay mandates in favour of the Lending Partner(s) and such mandate will be used to auto-deduct the EMI every month from the account selected by the Borrower during the availing of the loan.  

 

  1. the Borrower will pay the entire amount of the EMI for a particular month on or before the payment due date, as indicated by the Lending Partner and/or ZeroPe and the same shall not be permitted to be carried forward to the next month. In the event the payment is not made by the due date as specified, it will be construed as a default by the Borrower and the Borrower will become liable to pay the amount together with the additional interest and/ or late payment charges as may be levied due to such default. Failure to pay any EMI on time may also result in the Borrower’s credit score being adversely affected.

 

  1. Users agree that by availing the personal loan the Borrower consents to the Lending Partner and/or ZeroPe and their representatives and agents contacting the Borrower whether by phone, in person or otherwise, to recover the outstanding dues. Borrowers agree that such parties may reach out to the Borrowers notwithstanding his / her registration with the National Do Not Call Registry. 

 

  1. upon specific events specified in the loan documents having taken place, the Lending Partner may demand immediate repayment of the entire outstanding amount.

 

  1. the terms of the loan communicated to the Borrower during the time of availing of the loan by the Borrower will be binding on the Borrower. However, the terms of the loan including the interest rate may be varied by the Lending Partner based on directions of RBI or other regulatory requirements. In such case, any variation to the terms of the Loan will be communicated to the Borrower by Lending Partner(s) and/or ZeroPe. 

 

  1. nothing prevents the Borrower from pre-paying the loan in full subject to the pre-payment charges specified (if any) in the loan documents. Such charges, if any, will be communicated to the Borrower prior to such prepayment and the Borrower may choose to proceed after having considered the same. Provided however, in cases of pre-payment of EMIs, the interest charged as part of the said EMI will not be reduced or refunded on account of the pre-payment. 

 

  1. the Borrower is not a politically exposed person (PEP) and that the Know Your Customer details provided by the Borrower are correct, and that the Borrower shall inform both ZeroPe and the Lending Partner in the event of any change in its PEP status or details provided as part of Know Your Customer checks. 

 

  1. the loan documents create obligations independent of these Terms & Conditions and stopping the use of the Platform shall not affect the obligations of the Borrower(s) owed to the Lending Partners under the loan documents.

 

Other important features:

 

  1. the Borrower shall receive the signed loan documents on email along with the Key Facts Statement.

 

  1. the Borrower may also close a loan availed using the Platform within 3 (three) days of disbursal without paying any penalty or pre-payment charges. Borrowers may opt for this by informing ZeroPe through ZeroPe’s customer support service on the Platform.

 

Information and Grievance Redressal: User shall have information in relation to the loan available to him/her on the Platform and may seek additional information via ZeroPe’s customer support through the Platforms. If the User seeks further information or has any grievances, the User may reach out to ZeroPe in accordance with ZeroPe’ Grievance Redressal Mechanism set out below. However, the User is also entitled to contact the relevant Lending Partner and/or follow the relevant Lending Partner’s grievance redressal policy. The Lending Partner’s and their respective grievance redressal mechanisms are as listed below:

  1. MUKUT FINVEST – Nodal Grievance Redressal Desk details as below:

 

Lending Partner’s grievance redressal policy: https://www.mukutfinvest.com/grievance-redressal

 

 

 

Name:   Prince

Telephone: +91 62040 64041

Address:  304, Ratan Jyoti Building 18, Rajendra Place, New Delhi, 110008


 

  1. GRIEVANCE REDRESSAL MECHANISM

 

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

 

Level 1: You can reach Us for any information/query through any of the below mentioned channels:

 

Telephone:  +91 11 4248 1577    

E-mail: mail@mukutfinvest.com    

 

  1. PROMOTIONAL OFFERS 

 

You irrevocably and unconditionally authorise and consent to receive from the Lending Partner(s), the Commercial Partner(s) and ZeroPe, and their affiliates, group companies, business partners, employees, agents or associates, promotional offers, deals, marketing materials and promotional material through telephone calls, e-mail, text message, whatsapp or any other electronic means. You irrevocably and unconditionally confirm that laws in relation to unsolicited communications referred in National Do Not Call Registry as laid down by Telecom Regulatory Authority of India will not be applicable for such communications, telephone calls, emails, text messages or communication through any other electronic means received from the Lending Partner(s), the Commercial Partner(s) and ZeroPe, and their affiliates, group companies, business partners, employees, agents or associates.

 

  1. DISCLAIMERS 

 

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

 

Platforms may contain links to a number of third party websites or apps offering varied products and/or services. Please note that these are only marketing campaigns for such third parties and are not offers or invitations to make an offer by ZeroPe, the Lending Partner and/or the Commercial Partner, as the case may be, to enter into any kind of an arrangement. The links to the third party websites are not based on a consideration of Your personal circumstances nor are these results of objective or independent research. 

 

Upon clicking a specific third party link, You will be directed to the respective third party’s page offering the product or service. You irrevocably and unconditionally understand and acknowledge that: (i) You are clicking on the third party link as per Your sole discretion; (ii) accessing the third party websites shall not mean approval by the third party for such products and/or services; (iii) ZeroPe, the Lending Partner(s) and/or the Commercial Partner(s), as the case may be, shall not be liable for the accuracy of the information being shared on the third party website and cannot be held liable for any claims, losses or damages. It is Your sole 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 on third-party websites; (iv) ZeroPe, the Lending Partner(s) and/or the Commercial Partner(s), as the case may be, shall not be making any representations or warranties, expressed or implied, in respect of the products or services offered on such third party websites or as to the results obtained from such third party products or services, and ZeroPe, the Lending Partner(s) and/or the Commercial Partner(s), as the case may be, shall not be providing advice or making an offer, solicitation, invitation, or recommendation to buy or avail products or services offered on such third party websites; and (v) ZeroPe, the Lending Partner(s) and/or the Commercial Partner(s), as the case may be, takes no responsibility for the content of any third-party site. Links to third-party websites are provided solely for the purpose of directing You to the respective websites for Your convenience and information and accessing such websites and undertaking any transactions on such websites is at Your own risk, and ZeroPe, the Lending Partner(s) and/or the Commercial Partner(s), as the case may be, shall not be liable or responsible for any consequence of You accessing such websites and undertaking any transactions on such websites.

 

The information provided on the Platform is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility and liability for its use. ZeroPe does not represent or endorse the accuracy or reliability of any information, or advertisements contained on, distributed through, or linked, downloaded or accessed from any of the Platforms, or the quality of any products or services, information or other materials displayed, or obtained by You as a result of an advertisement or any other information or offer in or in connection with the Platforms. 

 

  1. LIMITATION OF LIABILITY AND INDEMNITY

 

Limitation of liability: You hereby agree, acknowledge and confirm that: 

 

  1. that the liability of ZeroPe with respect to the Service provided shall be limited to the extent set out in these Terms & Conditions and/or the Specific Terms & Conditions, if any, whichever is lower;

 

  1. the Platforms and Services are being provided on an as is and as available basis and may be interrupted while browsing, transacting, using, or uploading information on the Lending Partners’ website/platforms, the Commercial Partners’ website/platforms and/or Platforms, as the case may be;

 

  1. Services are being provided by ZeroPe on a reasonable efforts basis with reasonable efforts to keep these valid and subsisting. ZeroPe shall not in any manner be liable to You for any failure or delay in providing Services;

 

  1. You assume the entire risk of using the Platform and Services. To the maximum extent permitted by applicable law, in no event shall ZeroPe be liable to You for any special, incidental, indirect, punitive, or consequential damages whatsoever (including, without limitation, damages for loss of goods or services, loss of profits, business interruption, loss of information, or any other pecuniary or other loss) arising out of the use of, or inability to use or have access of Services and/or Platforms or for any security breach or any virus, bug, unauthorised intervention, defect, or technical malfunctioning of the Platforms, whether or not foreseeable and whether or not ZeroPe has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out, of or in connection with, Your use of, or access to, the Platforms and Services. Further, ZeroPe shall not be liable to You for any temporary disablement or permanent discontinuance of the Services by ZeroPe or for any consequences resulting from such actions;

 

  1. ZeroPe shall not be liable for its failure to perform under the Terms & Conditions as a result of occurrence of any events beyond its reasonable control including, without limitation, events such as an act of God, fire, wars, sabotage, civil unrest, labour unrest, outbreak of pandemics or epidemics, action of statutory authorities or local or central governments, and/or change in applicable law, that may affect the performance of ZeroPe, the Lending Partner(s), the Commercial Partner(s) and/or any payment gateway or any other integration used by ZeroPe; and

 

  1. ZeroPe has offered Services, set its prices, and set out Terms & Conditions in reliance upon the warranty-disclaimers and the limitations of liability set forth herein, that the warranty-disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between You and ZeroPe, and that the warranty-disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between You and ZeroPe. ZeroPe would not be able to provide Services to You on an economically reasonable basis without these limitations. The liability of ZeroPe will be limited to the fullest extent permitted by applicable law.

 

Notwithstanding anything contained herein or elsewhere, in no event shall ZeroPe and its affiliates and associates’ total cumulative liability to You in connection with the Services for all damages, losses and causes of action (whether arising under contract or otherwise), arising from or relating to Your use of the Platforms or arising from the Agreement shall exceed INR 10,000 (Indian Rupees Ten Thousand only).  

 

Indemnity: You hereby indemnify and agree to indemnify, save, and hold ZeroPe, its affiliates, employees, officers, directors and partners (including agents and service providers) harmless from any and all claims, losses, damages, liabilities, costs and expenses including, without limitation, legal fees and expenses, arising out of or related to: (i) Your use or misuse of the Services or the Platform; (ii) any violation by You of the Agreement including these Terms & Conditions or the Specific Terms & Conditions; or (iii) any breach of the representations, warranties, and covenants made by You herein; or (iv) your violation of any third party right, including any intellectual property right or privacy right; or (v) your failure to be in compliance with applicable law, including tax laws and cyber security laws or (vi) any claim that your use of the Platform caused damage to an another user or third party.

 

Tax Liability: You hereby agree to comply with any and all applicable tax laws in connection with your use of the Services, including without limitation, the reporting and payment of any taxes arising in connection with payments made through the Platform, or funds/income received through the Services.  You hereby agree and acknowledge that if and when required by applicable law, ZeroPe, may deduct tax deducted at source from your winnings/ cashback and/or may require You to submit PAN details before providing you cashback or other winnings.

 

  1. INTELLECTUAL PROPERTY

 

You agree and acknowledge that ZeroPe is the sole and rightful owner of the intellectual property of ZeroPe and You agree not to register, use or file in Your own name or in the name of any other person or entity, any trademarks that are same or similar or resemble in any manner with the intellectual property of ZeroPe and not to associate the intellectual property with Your or their businesses, except for the purpose as specified in the Terms & Conditions. In this regard intellectual property shall mean any and all property in any name, signature, word, letter, numeral or any combination thereof, software, trademark, brand name, service mark, trade name, design, logo, know-how and trade secrets belonging to ZeroPe, whether registered or not. Nothing contained herein shall authorize You to use, display, or exploit the intellectual property of ZeroPe without the prior written consent of ZeroPe and all content on Platform and Services is the copyright of Zerope except for third party content and any link to the third party websites.

 

  1. GOVERNING LAW AND JURISDICTION

 

The Terms & Conditions shall be governed by the laws of India. You hereby agree that if any dispute(s) or difference(s) arise between You and ZeroPe in connection with or arising out of or relating to the Terms & Conditions, both parties shall attempt, for a period of 30 (thirty) days from the receipt of a written notice (“Disputes Notice”) from the other Party of the existence of a dispute(s), to settle such dispute(s) by mutual discussions.

 

If the said dispute(s) cannot be settled by mutual discussions within the 30 (thirty) day period specified above, such disputes(s) shall be referred to arbitration by a sole arbitrator for final resolution in accordance with the provisions of the Arbitration and Conciliation Act, 1996, as amended from time to time. The Parties shall mutually appoint the sole arbitrator within 45 (forty-five) days from the date of expiry of the period to mutually settle the dispute(s). If the Parties fail to appoint a sole arbitrator in accordance with the procedure aforesaid and within the time period as specified above, such sole arbitrator shall be appointed in accordance with the provisions of the Arbitration Act. The arbitration proceedings shall be held in English language with the seat, venue and legal place of the arbitration being New Delhi. Subject to the arbitration agreement as mentioned above, the courts and tribunals at Delhi shall have the exclusive jurisdiction over any dispute(s) or difference(s) as described above.

 

Notwithstanding anything contained herein, ZeroPe may at its sole discretion, and You irrevocably and generally consent, initiate proceedings against You anywhere in connection with the Terms & Conditions and to the giving of any relief or the issue of any process in connection with those proceedings including, without limitation, the making, enforcement or execution against any assets whatsoever (irrespective of their use or intended use) of any order or judgment which may be made or given in those proceedings. To the fullest extent allowed by law, ZeroPe may take concurrent proceedings in any number of jurisdictions. Each of the rights, powers and remedies of ZeroPe under the Terms & Conditions: (i) are in addition to, and not in derogation of, other rights and remedies of ZeroPe given by contract or by applicable law independent of the Terms & Conditions; (ii) may be exercised even if this involves a conflict of duty or ZeroPe has a personal interest in its exercise; and (iii) is not affected by any payment, settlement or anything which might otherwise affect them at law.

 

  1. MISCELLANEOUS

 

Relationship: The Terms & Conditions constitute a principal-to-principal relationship between You and ZeroPe and are not intended to and do not create any agency relationship. Services provided by ZeroPe and when availed by You from the Lending Partner and/ or the Commercial Partner, as the case may be, are being provided by ZeroPe as an independent entity and nothing contained herein shall be deemed: (i) to create any association, partnership, joint venture or relationship of principal and agent or master and servant, or employer and employee between You and ZeroPe or any of its/their affiliates or subsidiaries; or (ii) to provide either You or ZeroPe with the right, power or authority, whether express or implied, to create any such duty or obligation on behalf of the other party.

 

Notices: All notices, requests, demands, waivers, queries, and other communications required or permitted to be given hereunder in relation to the Services, shall be emailed at contact@third-unicorn.com] if to ZeroPe and if to You, it shall be sent via email on Your email address registered with ZeroPe or through SMS/ WhatsApp or other electronic means on Your mobile number registered with ZeroPe or on any updated email address or mobile number supplied by You to ZeroPe (if any). Such notices shall be deemed to have been received by You when ZeroPe sends the notice to the email address or mobile number registered with ZeroPe. 

 

Any other notices, requests, demands, waivers, complaints, queries, and other communications arising out of any Lending Partner’s and/or Commercial Partner’s acts or omissions, including but not limited to those relating to deficiency of service, quality, merchantability or fitness of products or services, shall be resolved between You and the respective Lending Partner(s) and/or the Commercial Partner(s), as the case may be, and ZeroPe shall neither be a necessary nor a proper party to any such notices, requests, demands, waivers, complaints, queries, and other communications and shall have no responsibility or liability whatsoever in this regard.

 

Assignment: ZeroPe may assign, in whole or in part, its rights or obligations hereinunder to: (i) its associates, affiliates or any other group company; or (ii) any other company in any circumstances including but not limited to pursuant to a restructuring or re-organization or demerger of its organization or operations causing a change in management or something of a similar nature. It is clarified that ZeroPe shall not require Your approval or consent for the above assignment. ZeroPe may, at its sole discretion, provide notice of such assignment to You. You shall not assign, in whole or in part, Your rights or obligations under the Terms & Conditions without the prior written permission of ZeroPe.

 

Waiver: Unless otherwise expressly stated, failure to exercise or delay in exercising a right or remedy hereunder by ZeroPe shall not constitute a waiver of the right or remedy or a waiver of any other rights or remedies by ZeroPe, and no single or partial exercise of any right or remedy hereunder shall prevent any further exercise of the right or remedy or the exercise of any other right or remedy by ZeroPe. The rights and remedies provided to ZeroPe in the Terms & Conditions or conferred by applicable law, common law, custom, trade, or usage, are cumulative and not exclusive of any other rights or remedies and may be enforced successively or concurrently. Your obligations hereunder will remain in full force and shall not be affected, impaired, diminished or extinguished by any act, omission, default, matter or thing (including anything which, but for this clause, would have discharged You (wholly or in part) or would have afforded You any legal or equitable defence) except the full, prompt and complete performance of all the terms, undertakings and conditions of the Terms & Conditions, including the due and punctual payment of all amounts that may become due to ZeroPe, Lending Partner(s) and/or Commercial Partner(s) under the Terms & Conditions.

 

Severability: If at any time, any provision of the Terms & Conditions is or becomes illegal, invalid, or unenforceable in any respect under any law of any jurisdiction, the legality, validity or enforceability of the remaining provisions will not be affected or impaired in any manner. In such event, ZeroPe shall have the right to amend the terms of the Terms & Conditions such that the commercial intent of the Terms & Conditions and the interests of ZeroPe are protected in the same manner as originally contemplated under the Terms & Conditions.

 

Survival: The terms and provisions of the Terms & Conditions which by their nature and intent are intended to survive the termination hereof shall so survive the termination of the Terms & Conditions.

 

Non-Exclusive Basis:   It is agreed and clarified that the arrangement set out in the Terms & Conditions between the Parties is on a non-exclusive basis.

 

This document is published in accordance with the provisions of Rule 3(1)(a) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.