HYPERCREDIT SERVICES TERMS & CONDITIONS
Please go through these terms carefully. It is important that You spend time reading the terms as they constitute a legal agreement (the "Agreement" or “Terms”) between Juspay Hypercredit Technologies Private Limited, a company incorporated under laws of India with its registered office is at 1st Floor, Indiqube Grape Garden, 18th Main, Koramangala VI Bk, Bangalore, Bangalore South, Karnataka, India, 560095 (hereinafter referred to as “Hypercredit”, “Company”, “Us” or “We”) a user, who is availing HC Services from Hypercredit (hereinafter referred to as the “User”, “You” or “Yourself”).
Hypercredit has developed and implemented a technology-based loan marketplace platform, that connects merchants and financing partners and allows You to avail a loan/credit facility through financing partners on-boarded by Hypercredit for purchasing products from our partner merchants (the “Digital HyperCredit Services”). Hypercredit also facilitates HC Services through an offline/remote interface (SMS, whatsapp, phone call) wherein our partner merchant’s agent assists you in collecting requisite information, communicating the best matched offers and processing your loan application (hereinafter referred to as “Assisted HyperCredit Services”).
The Digital HyperCredit Services and Assisted HyperCredit Services shall hereinafter collectively referred as “ HC Services”.
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical, electronic or digital signatures.
Hypercredit reserves the right to change or otherwise modify these Terms at any time in its sole discretion, without prior notice, and Your continued access of HC Services signifies Your acceptance of the updated or modified Terms. If You object to these Terms or any subsequent modifications to these Terms in any way, Your only recourse is to immediately cease use of HC Services.
ELIGIBILITY & ACCESS
The access to HC Services is only available to persons who are competent to enter into legally binding contracts under the Indian Contract Act, 1872. Any person who shall be considered as incompetent to contract as per the provisions of the Indian Contract Act, 1872, including minors, un-discharged insolvents, etc., are not eligible to use HC Services. If You use HC Services, You, as a User, represent to Hypercredit that You are 18 years of age and are competent to enter into legally binding contracts under the Indian Contract Act, 1872.
For using the HC Services, You, as a User, further represent to Hypercredit that You are an Indian National having tax residency in India. You also agree to provide true, accurate, current and complete information about Yourself as and when prompted by Hypercredit for the purpose of availing the HC Services. If You provide any information that is untrue, inaccurate, not updated or incomplete (or becomes untrue, inaccurate, not updated or incomplete), or Hypercredit has reasonable grounds to suspect that such information is untrue, inaccurate, not updated or incomplete, Hypercredit shall have the right to suspend and/or refuse any and all current or future use of the HC Services (or any portion thereof) in connection thereto. You acknowledge and agree that Hypercredit is neither responsible nor will be liable for verifying any information provided by You for provisioning the HC Services.
HYPERCREDIT SERVICES
You understand that through the online, web-based facilities, solutions and services developed, created or provided by Hypercredit i.e through Digital HyperCredit Services, the User is presented with the loan marketplace as a payment option, in order to provide You with loan offers, Hypercredit has partnered with third party banks, financial institutions and such other entities (“Lending Partners”). Here, the User can access equated monthly installments (“EMI”) plans and loan offers of multiple Lending Partners (as defined hereinafter) to purchase the product or service from merchant websites or outlets (“Partner Merchant”). In consideration to the HC Services provided by Hypercredit under these Terms, the User agrees that the personal information including the sensitive personal information, as defined under applicable laws (collectively referred to as “Personal Data”), provided by the User to Hypercredit , can be used by Hypercredit for creating customers profile with Hypercredit and use of any such Personal Data is subject to Hypercredit’s Privacy Policy.
Upon receiving your information, Hypercredit conducts a credit worthiness check and conducts analysis with the basic eligibility criteria set by the Lending Partners, and displays the offers and schemes of those Lending Partner which are best suitable for You (as well as unmatched Lenders), along with the details of the loan offer, facilitate in displaying the contents of the Key Fact Statement, as provided by the Lending Partners, facilitates loan application process and upon such Lending Partners’ accepting to provide You with financial assistance, facilitate in displaying of the loan agreement with the Lending Partners, so that You may purchase the product or HC Services as included in the cart/checkout of the Partner Merchant by utilising such funds. You understand that through the Assisted HyperCredit Services, you may be approached by our Partner Merchant’s agent for availing HC Services, whereby the agent shall convey to you requisite information regarding the HC Services. The agent shall assist you in collecting your Personal Data for Hypercredit to conduct a credit worthiness check based on Your information and share Your information with our Lending Partners to receive best matched loan offers. Based on the information provided by You, Your credit information received from the credit information companies and the eligibility criteria set by the Lending Partners, We conduct an analysis to find best matched loan offers for You. Upon receiving various loan offers from the Lending Partners, the agent shall communicate with You the details of various loan offers including details of equated monthly installments (“EMI”) plans offered by various Lending Partners to purchase the product or service from our Partner Merchant. The agent may assist You with completion of KYC, execution of the loan agreement to complete your loan application with a Lending Partner.
Hypercredit is merely a facilitator providing the platform to You for availing credit products as a payment option and Hypercredit does not directly provide any credit facility or financial services to the Users. Hypercredit shall not, at any point, receive, hold, touch, or process funds on behalf of either the Lending Partner or the Partner Merchant. It is important to clarify that Hypercredit is not acting as a lender but merely as a service provider. Hypercredit is not an organization registered with the Reserve Bank of India and does not hold any license to engage in any activities relating to lending or borrowing. Hypercredit is not a Financial Institution under the Companies Act, 2013 or the Banking Regulation Act, 1949 or any other laws for the time being in force in India.
While Hypercredit shall make reasonable efforts to ensure that You find a suitable Lending Partners, Hypercredit does not guarantee the disbursement of loan/funds by any Lending Partners to You. Hypercredit is a service provider introducing various Lending Partners including Bank or Non- Banking Financial Company under applicable laws to You as a User who is desirous of availing a financial product. The final decision as regards lending is also subject to the choice of the Lending Partners and the Users in their respective capacities. Please refer to Your Loan Agreement with the Lending Partners as provided by such Lending Partners for details on terms and conditions of the loan and internal loan approval processes of the Lending Partners.
You acknowledge and agree that the loan or EMI by various Lending Partners offers displayed to You on the HyperCredit platform or communicated to You by the agents by various Lending Partners on-boarded by Hypercredit are based on the information provided by You and Your credit eligibility independently analyzed by Lending Partners. You agree that Your loan application or disbursement of loan is subject to approval of the Lending Partners and the Lending Partners at their own discretion may choose to reject Your application. Hypercredit shall bear no responsibility in case the Lending Partners chooses to reject Your loan application or refuses to disburse the loan.
You are responsible to ensure that Your KYC details provided to the Lending Partners, Hypercredit or our Partner Merchant’s agent are current and accurate. Hypercredit may obtain sufficient information to establish, to its satisfaction or that of its Lending Partner’s, the identity of each new customer/user and to ascertain the intended nature of relationship between You and the Lending Partners. You agree and acknowledge that Hypercredit may undertake enhanced due diligence measures (including any documentation), to satisfy itself relating to customer due diligence requirements in line with the requirements and obligations under applicable laws and regulations.
Your usage of HC Services may also require You to provide consent for accessing, storage and processing of Your Personal Data or to authorize Hypercredit to derive Your data/information from any third party source, as may be necessary for provisioning the HC Services, assessing Your eligibility for the financial products, undertaking KYC checks by Lending Partners and/or to process Your loan application through the HC Services.
You agree to receive communications through e-mails, telephone and/or SMS, from Hypercredit or Partner Merchant's agents.
CREDIT INVESTIGATION
You accept and agree that Hypercredit shall, based on your explicit consent, obtain Your credit scores or credit information reports from Credit Information Companies (the “Partner CICs”) that we have contractually partnered with and authorized under applicable laws as Your lawful and duly authorised/ appointed agent. You also acknowledge that You shall not raise any claim or hold liable our Partner CIC’s in relation to Your credit information report and credit score provided or to be provided by Partner CIC’s. You also agree to this consent form for CICs being the terms and conditions of our Partner CICs for authorizing the Partner CICs to furnish Your credit information to Hypercredit.
You hereby agree and acknowledge that the Lending Partners shall, based on their independent arrangement with CICs, directly obtain detailed credit information of the User, prior to providing the loan facility through the HC Services. It is expressly clarified and communicated that Hypercredit shall not be liable for any effects on the User’s credit score resulting due to any Lending Partners’ obtaining the User’s detailed credit information from the CICs.
You hereby accept and agree that Hypercredit shall, retain, store, use, analyze, aggregate, Your credit score and credit information obtained from Partner CICs for the following purposes:
- To present an overview of Your credit score and credit information report obtained from the CICs;
- To identify and inform You with tailored/ personalized offers for EMI or loan offers from our Lending Partners and financial institutions that may be suitable to Your circumstances.
For the sake of abundant clarity, it is clarified that any delay or default in payments to the Lending Partners can lead to a negative impact on Your credit score. You categorically accept and agree that You shall not hold Hypercredit responsible for any adverse impact on Your credit score resulting from Your access or use of the HC Services.
Accordingly, the information provided/ displayed to You are on “As Is” and “As Available” basis. Please note that Hypercredit does not control Your credit score and/or credit information report, which is a statistical analysis of information contained in Your credit file as maintained in the system and database of Partner CICs, and we cannot change that information for You. Neither does Hypercredit guarantee the timeliness, accuracy or correctness of any information contained in Your credit score and/or credit information report nor shall it accept any liability, whatsoever, for any errors, inaccuracies or omissions in Your credit score and/or credit information report or any information provided/ displayed to You, basis Your credit score and credit information report.
If You believe that any information in Your credit information report is inaccurate and is affecting Your score, You may dispute the same by directly contacting the concerned Partner CIC through its website.
We agree to protect and keep confidential Your credit score and credit information report, both online and offline. We collect, use and disclose information about You as per our Privacy Policy. We recommend You go through our Privacy Policy to understand the same.
RESTRICTION ON USE OF SITE
You may only use the HC Services to search for and to apply for loans or EMI options or other financial products and You shall not use the HC Services to make a fraudulent application. You agree not to use the HC Services for any purpose that is unlawful, illegal or forbidden by these Terms, or any applicable laws that might apply to You. We may, at our sole discretion, at any time and without advance notice or liability, suspend, terminate or restrict Your access to all or any component of the HC Services.
You are prohibited from posting or transmitting to or through these HC Service: (i) any unlawful, threatening, libellous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or HC Services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from Your posting of content.
PRIVACY
The collection, storing, use and transfer of information shared by the User shall be governed in accordance with the Privacy Policy.
LICENSE AND HC SERVICES ACCESS
Hypercredit grants You a limited license to access and use the platform for availing the HC Services, but not to download any material from it (other than page caching) or modify it, or any portion of it, except with express written consent of Hypercredit, as may be applicable. The HC digital platform or any portion thereof this (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, distributed or otherwise exploited for any commercial purpose without express written consent of Hypercredit. Any unauthorized use of the HC Services shall terminate the permission or revoke the license granted by Hypercredit.
SERVICE SUSPENSION
Hypercredit may wish to stop providing the HC Services and may terminate use of HC Services at any time without giving notice of termination to You. Unless Hypercredit informs the User otherwise, upon any termination, (a) the rights and licenses granted to You in these Terms will end; and (b) User must stop using the HC Services. Hypercredit reserves the right to suspend, or cease providing any Service and shall have no liability or responsibility to the User in any manner whatsoever if it chooses to do so. User acknowledges that, even after termination of User’s rights to use HC Services, User may still view loan marketplace as a payment option with Partner Merchants. However, Users shall not be given access to the HC Services after the User is restricted.
LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES
Notwithstanding anything to the contrary contained under these Terms, neither Hypercredit nor its affiliated companies, associate companies, or group entities, officers, directors, employees or any related party shall have any liability to You or to any third party for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or relating to the HC Services. To the maximum extent permitted by law, You waive, release, discharge and hold harmless Hypercredit, its affiliated companies, associate companies, or group entities and each of its directors, officers, employees, and agents, from any and all claims, losses, damages, liabilities, expenses and causes of action arising out of Your use of the HC Services.
Hypercredit does not make any representations or warranties on behalf of the Lending Partners with respect to the financial products provided by such Lending Partners. Hypercredit does not endorse the products offered by its Lending Partners. Hypercredit shall be responsible only to the extent of providing the HC Services and all liabilities and obligations with respect to the financial products provided by the Lending Partners partnered with Hypercredit shall be governed by the separate agreement executed between such Lending Partners and the Users.
Hypercredit makes no representations or warranties about the accuracy, reliability, completeness, current-ness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the HC Services or that the operation of the HC Services will be error free and/or uninterrupted or that the error will be rectified. The Service is provided on an "as is" and "as available" basis. Hypercredit expressly disclaims all warranties of any kind as to the HC Service and all information, products and other content (including that of third parties) included in or accessible from the Service, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose. Consequently, Hypercredit assumes no liability whatsoever for any monetary or other damage suffered by You on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the HC Services; and/or any interruption or errors in the operation of the HC Services.
Further, Hypercredit makes no warranties that:
- the HC Services or performance of the Lending Partner will meet Your requirements;
- the results that may be obtained from the use of the Service will be accurate or reliable;
- the quality of any products, HC Services, information, or other product purchased or obtained by You through the Service will meet Your expectations; and
You acknowledge that Hypercredit shall in no manner be responsible for any claim of money or damages in the event the Lending Partners fails to grant loan or credit facility.
You further acknowledge that Hypercredit shall not be responsible/ liable in relation to the sale of product or services by the Partner Merchant to You, or any customer issues relating thereto, including pricing, order fulfillment, order cancellation, returns, refunds and adjustments, chargebacks, rebates, functionality and warranty, and technical support.
You are solely responsible for any damage to Your computer system or loss of data that results from the download of any such material. Hypercredit shall not be responsible for the security of data residing on the server of the Partner Merchant/ Lending Partners or a third party designated by the Partner Merchant/ Lending Partners (e.g., a host) or on the server of a User (i.e. You in the present instance).Hypercredit shall have no liability for any failure or delay in performing its obligations under this facility if such failure or delay: (i) is directly caused by the Partner Merchant/ Lending Partner's acts or omissions; (ii) results from actions taken by Hypercredit in a reasonable good faith to avoid violating a law, rule or regulation of any governmental authority or to prevent fraud on cardholders/accounts; or (iii) is caused by circumstances beyond Hypercredit’s control, including but not limited to vandalism, hacking, theft, phone service disruptions, Internet disruptions, loss of data, extreme or severe weather conditions or any other causes in the nature of Force Majeure event. Hypercredit’s sole obligation and Your sole and exclusive remedy in the event of interruption in HC Services, or loss of use and/or access to such HC Services, shall be to use all reasonable endeavors to restore the HC Services.
Hypercredit, its officers, directors, employees or any related party do not collect any fee or charges from its Users for provision of HC Services. If You receive any communication from an individual on behalf of Hypercredit requiring You to pay charges for availing a financial product, please contact us at grievance.credit@juspay.in
This limitation of liability clause shall prevail over any conflicting or inconsistent provision contained in any of the documents / content comprising this Terms
INDEMNITY
You agree to indemnify, defend, and hold Hypercredit, its affiliated companies, associate companies, or group entities, contractors, employees, officers, directors, agents and its third party associates, licensors, and partners harmless from any and all claims, demands, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to Your use or misuse of the HC Services, any violation by You of these Terms, or any breach of the representations, warranties, and covenants made by You during Your use of the HC Services or Your infringement of any intellectual property or other right of any person or entity, or as a result of any threatening, libelous, obscene, harassing or offensive material posted/ transmitted by You on HC Services. Hypercredit reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Hypercredit, including rights to settle, and You agree to cooperate with Hypercredit’s defense and settlement of these claims. Hypercredit will use reasonable efforts to notify You of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of this Agreement.
ACKNOWLEDGEMENTS
Except as otherwise described, all content availed by the use of the HC Services are made available only to facilitate the users. Hypercredit controls and operates theHC Services and makes no representation that the contents and HC Services are appropriate or available for use in other locations. If You use the HC Services from a location other than the location where HC Services are controlled and operated, You are responsible for compliance with applicable local laws.
These Terms shall be governed by and shall be construed in accordance with the laws of India. All disputes relating to these Terms shall be settled in the courts located at Bengaluru, India.
GRIEVANCES
Users have complete authority to file a complaint/share feedback if they are disappointed with HC Services rendered by Hypercredit. You can submit Your grievances/ feedback in writing or by way of an email to the following:
Grievance Officer: Mr. Ankan Sengupta
Email Id: grievance.credit@juspay.in
Please refer to the Grievance Redressal Policy for more details.
