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 * Privacy Policy
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 * Privacy Policy
 * Terms & Conditions
 * FAQs
 * Blog





 * Privacy Policy
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 * Privacy Policy
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TERMS OF USE

Effective Date: 23rd December 2021

The Freo Pay mobile application (“App”) is owned and operated by MWYN TECH
PRIVATE LIMITED (“MWYN”) a company incorporated under the provisions of
the Companies Act, 2013, and having its registered office at G-405, 4th Floor –
Gamma Block, Sigma Soft Tech Park, Varthur Kodi, Whitefield Post, Bangalore 560
066. To access or use the App on any compatible device and/or avail our
Services, you are required to accept these Terms and Conditions (“T&Cs”). By
accepting these T&Cs, you signify that you have read, understood and agree to be
bound by these T&Cs and any other applicable law, whether or not you are a
registered member of the App. As used herein, “User” shall mean anyone who uses
or accesses the App on any computer, mobile phone, tablet, console or other
device (collectively, “Device”) and/or avails the Services. Your continued use
of the App and/or availing of the Services shall be constituted as your
acceptance to the T&Cs, as revised from time to time. If you do not agree with
these T&Cs, please do not access and/or use the App or avail such Services. For
the purposes of these T&Cs, “we”, “our” and “us” shall mean MWYN, and/or
third-party service providers engaged by MWYN to render certain Services on the
App and ‘you’ and ‘your’ shall mean a User who meets the eligibility criteria
set out below.


1. TERMS AND CONDITIONS

1.1. We reserve the right to update or modify these T&Cs at any time. Your
access and use of the App following any such change constitutes your agreement
to follow and be bound by these T&Cs, as updated or modified. For this reason,
we encourage you to review these T&Cs each time you access and use the App
and/or avail our Services.


2. PURPOSE

2.1. We are a buy-now-pay-later app offering payment services on both QR code
based payments and on online payments, enabling hassle free shopping experience
to the Users for their daily expenses. It is not linked to the User’s bank
account. Instead of actual money in the bank, we have built post-paid limit. The
User downloads the App, provides basic information and is either rejected or
qualified for a post-paid limit. This post-paid limit can be used via scan and
pay for merchant transactions.


3. SERVICES

3.1 MWYN shall endeavor to provide you a buy-now-pay-later post-paid limit
offering payment services on both QR code based payments and on online payments
enabling shopping experience to the Users for their daily expenses. MWYN shall
facilitate the execution of the relevant documents and / or agreement in
relation to aforesaid post-paid limit.

3.2 MWYN is the technology and operating partner to its banking and financial
partners (“Partner(s)”). As a service provider, MWYN shall undertake
communication, transaction and processing on behalf of its Partners. At no
point, MWYN is representing itself as a lending company. All terms pertaining to
your post-paid limit with the Partner, if any, is set out in the documents and/
or agreement executed with such respective Partner.

3.3 MWYN reserves the right without any prior notice to: (i) add new services;
(ii) modify existing Services; and/or (iii) remove portions of the Services, as
and when it deems fit and at its sole discretion.

 3.4 In connection with the Services availed under these T&Cs, you agree to:

  3.4.1 allow MWYN (or its third party service providers), on its own or on
behalf of its Partners, to send you payment reminders from time-to- time; and

  3.4.2 allow MWYN (or its third party service providers), to engage in
activities to collect repayment of the availed post-paid limit that you failed
to pay to MWYN or the Partners, pursuant to these (i) T&Cs; and/or (ii) terms
and conditions of the third party service provider and/or the Partner. These
activities may involve, inter alia, contacting either you directly or any other
contact details provided by you at the time of creation of Account, submitting
your information to a collection agency, or taking legal action.


4. ELIGIBILITY

4.1 You represent and warrant that you are competent and eligible to enter into
a legally binding agreement and be bound by these T&Cs. You shall not access and
use the App or avail our Services if you are not competent to contract under the
applicable laws, rules and regulations.

4.2 For accessing the App and availing Services, you, as a User, further
represent that you are an Indian national having tax residency in India. You
also represent and assure that you are not a tax resident of any other country.

4.3 We maintain the right to render Services to only those Users who are – a)
competent to enter into legally binding contracts, b) have made the
representations as provided above, c) and also qualify under the internal
policy(ies) for the same determined solely by MWYN from time to time. We shall
have the sole right to change, modify, add or remove, in whole or in part, its
internal policy(ies), in relation to the provision of the Services at any time
without any prior written notice or intimation to the Users. Further, we shall
have the right to not entertain any requests in relation to the same, from the
Users, towards such Services without assigning any reason.

4.4 MWYN shall have the right to not process a transaction through the App, if
MWYN in its sole discretion determines that such transaction undertaken by a
User is not authorized by such User or that the transaction is not genuine or
suspicious.

4.5 If you represent a company, partnership firm or sole proprietorship, you
shall be eligible to access the App and avail of the features and facilities on
its behalf only if you have been duly authorized by way of necessary corporate
action, as may be prescribed statutorily and/or under the charter documents of
such entity and further, if you have fulfilled such additional eligibility
requirements as MWYN may require in connection therewith.


5. REPRESENTATIONS, WARRANTIES AND UNDERTAKING

5.1 The information and data contained in the App do not constitute an offer to
buy or sell or solicitation of an offer to buy or sell any Services in any
jurisdiction other than India.

5.2 All information provided by you to MWYN is accurate, correct and true.

5.3 You acknowledge and agree that MWYN is entitled to remove any/all the
information on the App that is in contravention of these T&Cs.

5.4 You hereby authorize MWYN, to make any enquiries with any other finance
company/bank/registered credit bureau regarding your credit history with them,
in connection with the Services under these T&Cs.

5.5 You agree to not engage in any activities pertaining to the Services that
are contrary to any applicable law or regulation or the terms of any agreements
you may have with MWYN.

5.6 You agree not to (i) create multiple Accounts or fake Accounts; (ii) create
Accounts fraudulently; and/or (iii) use the App for any unlawful or immoral
purpose.

5.7 You understand that MWYN does not provide any warranties for its Services
and shall not be made liable for any claims made by you or any third party. In
this regard, you undertake to accept and be solely liable for the Services
availed by you from MWYN. You further undertake to indemnify and hold harmless
MWYN, its affiliates and their respective directors, officers, employees, agents
and representatives against all damages suffered or losses incurred by MWYN
arising due to any act, omission or claim initiated by you or any third party in
relation to the Services availed by you or in case of breach of these T&Cs or
any warranty by you.


6. DELAYS IN PROCESSING

6.1 You understand that there might be inadvertent delays while the Services are
being rendered to you, including but not limited to, at the time of making a
purchase or making payment to the merchant. Please note that any transaction may
be cancelled till the time it is confirmed by MWYN.


7. COLLECTION OF INFORMATION

7.1 In the course of availing Services, you authorize MWYN, directly or through
third parties, to make any inquiries we consider necessary to validate your
identity and to collect information about you in accordance with these with our
Privacy Policy. This may include asking you for further information that will
allow us to reasonably identify you, requiring you to take steps to confirm
ownership of your email address or financial instruments, or verifying your
information against third party databases or through other sources. You may also
be required to identify documents to help us validate your identity. In the
event MWYN is unable to obtain or verify your information, MWYN reserves the
right to close, suspend, or limit access to your Account and/or the Services
rendered. By availing the Services, you also consent to enable MWYN to validate
your identity and to collect information about you in accordance with these T&Cs
and our Privacy Policy.

7.2 You also provide your consent to MWYN to use and share the information
provided by you in connection with the Services. You also agree and consent to
MWYN to assess the information, based on your usage of the App.

7.3 You will be required to provide such documents as required by us.

7.4 You agree to provide only true, accurate, current and complete information
about yourself, and you agree not to misrepresent your identity or your Account
information in the course of availing Services. You further agree to keep your
Account information up to date and accurate.

7.5 The responsibility of providing correct information, details, including the
contact information, amount, the bank account details etc. lies solely with you.
MWYN shall not be responsible to verify the accuracy of the information/ details
provided by you. In the event of any changes in the details or information
provided by you initially, you must inform MWYN of such changes within a
reasonable period of time. If any incorrect bank account number is provided by
you, any amount may be deposited /credited to the wrong bank account and there
is no guarantee of recovery of the same. MWYN will not be responsible for any
loss or damage that may be sustained by you on account of such error on your
part.


8. INTELLECTUAL PROPERTY POLICY

8.1 All of the content on the App, including, without limitation, all of the
page headers, images, illustrations, graphics, audio clips, video clips or text,
reports generated, trademarks, tradenames (“App Content“), constitute our and
our licensors’ intellectual property. Copyright laws in all applicable
jurisdictions protect the App and the App Content.

8.2 You may access the App, avail of the features and facilities and utilize the
App Content in connection with the subject matter hereof. You are not entitled
to duplicate, distribute, create derivative works of, display, or commercially
exploit the App Content, features or facilities, directly or indirectly, without
our prior written permission. If you would like to request permission to
commercially exploit any particular App Content, you could contact us in the
manner provided for herein.

8.3 MWYN and its licensors, if any, are the sole owners of the underlying
software and source code associated with the App and all the trademarks,
copyright and any other intellectual property rights of any nature in the App.


9. USER ACCOUNT, PASSCODE & SECURITY

9.1 You are mandatorily required to set a security passcode on the App once you
are approved for a post-paid limit. You are responsible for maintaining the
confidentiality of the passcode and your account (“Account”) and you are also
fully responsible for all activities that occur under your passcode or Account.
You agree to: (a) immediately notify us of any unauthorized use of your passcode
or Account or any other breach of security; and (b) ensure that you exit from
your Account at the end of each session. We cannot and will not be liable for
any loss or damage arising from your failure to comply with this Clause 9.

9.2 You hereby acknowledge that the deletion of the App from the Device does not
constitute termination of your Account and agree to undertake the process
detailed herein in order to complete de-registration. If and when you are
desirous of having your name and other details removed from the records of MWYN,
upon receiving your written request to that effect, MWYN shall subject to
requirements under applicable law remove and/delete all such information.


10. USE OF APP – FEATURES AND FACILITIES

10.1 Through the App, MWYN assists Users to gain access to buy-now-pay-later
services on both QR code based payments and on online payments linked to the
post-paid limit provided by MWYN and/or its Partners.

10.2 MWYN hereby grants to you a restricted, non-transferable, license to
download and use the App on a Device, which you own or control, to avail of the
functions and features in accordance with these T&Cs.

10.3 Your usage of the App will require you to provide to us certain personal
and financial information, which shall be collected and maintained as per the
terms laid down in our privacy policy available at
https://freopay.com/privacy-policy/

10.4 We shall not mediate or attempt to get involved in and resolve any disputes
or disagreements inter se between you and third party/ies.

10.5 We will use your name as per the records in NSDL as the name in the
application.

10.6 MWYN may update the App from time to time in order to, inter alia, increase
its efficiency, optimize user interface and add new features and/or facilities.

10.7 We allow our affiliates or third parties to collect certain information
when you visit our App through the use of cookies or third-party web beacon to
collect this information by those third parties.

10.8 You are required to seek MWYN’s permission in case you are writing
something associated with the App on social media or otherwise. In the event you
post any content on your own site or any other third party sites about us
without our prior written permission, we may take strict actions against you.

10.9 You may choose to, or we may invite you to submit comments or ideas about
the Services rendered under these T&Cs, including without limitation about how
to improve the Services. By submitting any such ideas, you agree that your
disclosure is gratuitous, unsolicited and without restriction and will not place
MWYN or any of its affiliates or subsidiaries, under any fiduciary or other
obligation, and that MWYN will be free to use the idea without any additional
compensation to you, and/or to disclose the idea on a non-confidential basis or
otherwise to anyone. You further acknowledge that, by acceptance of your
submission, MWYN does not waive any rights to use similar or related ideas
previously known to, or developed by employees, or obtained from sources other
than you.

10.10 IN THE EVENT YOU HAVE ANY COMPLAINT AGAINST THE CONTENTS (OR ANY PORTION
THEREOF), INCLUDING THAT THE CONTENTS THEREIN ARE INCORRECT OR BREACH THE RIGHTS
OF A THIRD PARTY, MWYN SHALL TAKE ALL COMMERCIALLY REASONABLE MEASURES TO
ADDRESS THE SAME. HOWEVER, MWYN’S SOLE OBLIGATION IN THIS REGARD SHALL BE TO
REMOVE SUCH CONTENT FROM THE APP; AND THE USER SHALL HAVE NO FURTHER CAUSE OF
ACTION AGAINST MWYN.


11. SERVICE PROVIDERS

11.1 We may employ third-party service providers and individuals for the
following reasons:

  11.1.1 To facilitate our Service;

  11.1.2 To provide the Service on our behalf;

  11.1.3 To perform Service-related services; or

  11.1.4 To assist us in analyzing how our Service is used.

11.2 You acknowledge that the third-party service provider/agent/agencies will
have access to your personal information on a need basis to assist us in
rendering service, and the service providers are restricted from using the same
for any other reason. The third-party service providers are obligated not to
disclose or use the information for any other purpose.


12. YOUR RIGHTS & PREFERENCES AS A DATA SUBJECT IN INDIA

12.1 These T&Cs are intended for Users within the territory of India and govern
your rights as per applicable law within the territory of India. However, in the
event you fall under a jurisdiction outside the purview of Indian law, MWYN will
not be liable for any claim, action and/or right initiated/exercised by you as
per the extant laws of that jurisdiction. Therefore, we request you to kindly
use the App accordingly.


13. CUSTOMER COMMUNICATIONS

13.1 Accepting these T&Cs implies your express consent to be contacted by us,
our agents, representatives, affiliates, or anyone calling on our behalf at any
contact number, or physical or electronic address provided by you while
registering your Account. You further agree to us contacting you in any manner,
including without limitation, SMS messages (including text messages), WhatsApp,
calls using pre-recorded messages or artificial voice, calls and messages
delivered using auto telephone dialing system or an automatic texting system,
and notifications sent via the App. Automated messages may be played when the
telephone is answered, whether by you or someone else. In the event that an
agent or representative calls, he or she may also leave a message on your
answering machine, voice mail, or send one via SMS.

13.2 You certify, warrant and represent that the telephone numbers and/or email
addresses and any other information that you have provided to us are your own
and not someone else’s and are true, accurate, current and complete. You
represent that you are permitted to receive calls at each of the telephone
numbers you have provided to us and emails at each of the email addresses you
have provided us. You agree to notify us whenever you stop using a particular
telephone number(s) and/or email address(es).

13.3 In relation to the unsolicited communication referred in “National Do Not
Call Registry” as laid down by Telecom Regulatory Authority of India, you
confirm that laws will not be applicable for such
communication/calls/SMS/messages through whatsapp messenger application received
from MWYN, its employees, agents and/or associates.


14. SYSTEM REQUIREMENTS

14.1 In order to use the App, you are required to have a compatible Device with
the following minimum specifications: Android Operating System version 4.1 (SDK
level 16) or higher- or iOS 9.0 or higher.


15. USER GUIDELINES

15.1 In consideration of MWYN granting you the rights hereunder, you hereby
agree not to use the App for any purpose that is unlawful under any applicable
laws and/or in violation of the terms of these T&Cs and our Privacy Policy. You
shall not use the App in any manner that could damage, disable, overburden, or
impair our server, or any network(s) connected to any server, or interfere with
any other party’s use and enjoyment of the App. You shall not attempt to gain
unauthorized access to any functions and features, other user accounts, computer
systems or networks connected to any server, in any manner, including, through
hacking, password mining or any other means. You shall not obtain or attempt to
obtain any materials or information through any means which is not intentionally
made available through the App.

15.2 The App is made available to you for your own personal and non-commercial
use alone. You shall not allow third parties to: (i) make and/or distribute
copies of the App or any deliverable generated by the App; (ii) attempt to copy,
reproduce, alter, modify and/or reverse engineer the App; and/or (iii) create
derivative works of the App.

15.3 You accept that any and all operations emanating from your Device shall be
assumed to have been initiated by you.

15.4 You shall not copy, reproduce, distribute, or create derivative works of
our content that is available on the App. Also, you shall not reverse engineer
or reverse compile our technology that is available on the App, including,
without limitation, such Java Applet, as may be associated with the App from
time to time.

15.5 You shall request MWYN, to block the Account and change the
passcode/password immediately for the Account, if your Device has been lost or
stolen.

15.6 You are responsible for any and all activities that occur in your Account.
You agree to notify MWYN immediately of any unauthorized use of the Account or
any other breach of security. MWYN shall not be liable for any loss to you or
your organization owing to negligent actions or a failure on your part to inform
MWYN, within a reasonable time, about loss or theft of your Device and/or any
unauthorized access in your Account, either with or without your knowledge.

15.7 You shall be liable for losses incurred by MWYN or any other party due to a
third party’s use of the Account. You shall not use any other person’s account
at any time, without the permission of the account holder and MWYN.

15.8 MWYN shall make all reasonable efforts to ensure that your information is
kept confidential. However, MWYN shall not be responsible for any disclosure or
leakage of confidential information and/or loss or damage of the Device due to
theft, negligence or failure on your part to practice safe computing.

15.9 You shall ensure that while using the functions and features, all
prevailing and applicable laws, rules and regulations, shall at all times, be
strictly complied with by you and MWYN shall not be liable in any manner
whatsoever for default of any nature, by you, regarding the same.

15.10 You understand and acknowledge that upon using the App, you authorize us
to access third party sites designated by you, on your behalf, to retrieve such
information requested by you, and to register for accounts requested by you. For
all purposes hereof, you hereby grant us a limited powers and hereby authorize
us with the full power of substitution and re-substitution, for you and in your
name, place and stead, in any and all capacities, to access third party internet
sites, servers or documents, retrieve information, and use your information, all
as described above, with the full power and authority to do and perform each and
every act and thing requisite and necessary to be done in connection with
Services and facilities available on the App, as fully to all intents and
purposes as you might or could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN
WE ACCESS AND RETRIEVE INFORMATION FROM THIRD PARTY SITES, WE ARE ACTING AS YOUR
AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY. You agree that such
third parties shall be entitled to rely on the foregoing authorization, agency
granted by you.

15.11 You hereby acknowledge and agree that MWYN shall not be liable for failure
of any transaction undertaken for any reason whatsoever including but not
limited to deficiency of service and/or products delivered as well as technical
errors. You further acknowledge that MWYN shall not be responsible in any manner
whatsoever, for any loss incurred by you for a failed/ incomplete transaction
undertaken by you using our Services.

15.12 You hereby agree and express your voluntary, unequivocal and informed
consent to your personal data or financial information (including such data as
may be designated as ‘personally identifiable data’ under the Information
Technology (Reasonable Security Practices and Procedures and Sensitive Personal
Data or Information) Rules, 2011 or other applicable law), being processed,
disclosed and/or transferred by MWYN to third-party entities.


16. INDEMNIFICATION

16.1 You agree to protect, defend and indemnify us and hold us and our
representatives harmless from and against any and all claims, damages, costs and
expenses, including attorneys’ fees, arising from or related to your access and
use of the App in violation of these T&Cs and/or your infringement, or
infringement by any other user of your Account, of any intellectual property or
other right of anyone.

16.2 The terms of this provision will survive any termination or cancellation of
these T&Cs or your use of the App.


17. REFUND PROCESS:

17.1 We will provide a refund to you under the following circumstances:

  17.1.1 Should the transaction fail due to any reason, i.e. the money is
debited from your limit and not credited to the merchant account (subject to
clause 17.1.2 below), your limit will be increased to the extent of the amount
debited in the failed transaction; and

  17.1.2 Should the money fail to be credited into the merchant’s account within
48 (forty eight) hours, your limit will be increased to the extent of the amount
debited in the failed transaction.


18. SUPPORT

18.1 Basic support for the Services shall be provided by MWYN. MWYN shall also
use commercially reasonable efforts to make the Services available 24 hours a
day, 7 days a week, except for (i) planned downtime (of which MWYN shall give at
least 4 hours’ notice); or (ii) any unavailability due to circumstances beyond
MWYN’s reasonable control.


19. WARRANTIES:

19.1 The App is independent of any platform on which it is located. The App is
not associated, affiliated, sponsored, endorsed or in any way linked to any
platform operator, including, without limitation, Apple, Google, Android or RIM
Blackberry (each being an “Operator”).

19.2 We shall make reasonable efforts to make available the App and the
functions and features at all times. However, we make no warranty that the App
shall meet your requirements, be uninterrupted, timely, secure, and/or error
free. Further we do not make any warranty as to the results that may be obtained
from the use of the functions and features or as to the accuracy, reliability
and/or quality of the output derived therefrom.

19.3 We shall not be liable for the loss and/or damage of the confidential
information or data of the User arising as a result of an event or a series of
related events, that is beyond the control of MWYN, including failures of or
problems with the internet or part of the internet, attempted hacker attacks,
hacker attacks, denial of service attacks and/or viruses or other malicious
software attacks or infections.

19.4 You are advised to keep your username, password and passcode safe. We shall
not be liable in the event your Account is hacked due to errors or omissions at
your end.

19.5 Any material downloaded or otherwise obtained through the App is done at
your own discretion and risk and you are solely responsible for any damage to
your Device or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained by you from us
through or from the service will create any warranty not expressly stated in
these T&Cs.

19.6 We shall not be liable for any losses and/or damages which may arise as a
result of a third party entity’s usage of the user’s personal data or financial
information (including such data as may be designated as ‘personally
identifiable data’ under the Information Technology (Reasonable Security
Practices and Procedures and Sensitive Personal Data or Information) Rules,
2011).

19.7 MWYN shall not be liable for any failure or delay in performing its
obligations under this facility if such failure or delay: (i) results from
actions undertaken by MWYN in a reasonable good faith to comply with applicable
law or to prevent fraud; or (ii) is caused by events beyond MWYN’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.


20. LINK TO OTHER WEBSITES

20.1 The links to any third party websites on the App are provided solely as
pointers in connection with the Services, and MWYN has no control over the
content on such third party websites. MWYN makes no warranties concerning the
content of such websites, including the accuracy, completeness, reliability of
said websites, nor does MWYN warrant that such website or content is free from
any claims of copyright, trademark or other infringement of the rights of third
parties or that such site or content is devoid of viruses or other
contamination. If you choose to follow a link to a third party website, you will
do so at your own risk. You also acknowledge that links to third party websites
do not imply any endorsement of or responsibility for the opinions, ideas,
products, information or Services offered at such sites, or any representation
regarding the content at such third party websites.


21. CLOSURE OF ACCOUNTS

21.1 In the event you do not log in to the App or use the Services for two (2)
or more years, MWYN may close your Account. However, MWYN will retain your
information in accordance with these T&Cs and our Privacy Policy.


22. LIMITATION OF LIABILITY

22.1 IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS DUE TO USE, DATA OR PROFITS,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE ACCESS, USE OR PERFORMANCE OF
THIS APP’S FUNCTIONS AND FEATURES OR FOR INTERRUPTIONS, DELAY, ETC., EVEN IF WE
WERE ADVISED OF THE POSSIBILITY OF DAMAGES RESULTING FROM THE COST OF GETTING
SUBSTITUTE FACILITIES ON THE APP, ANY PRODUCTS, DATA, INFORMATION OR SERVICES
PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH
OR FROM THE APP, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR
DATA STATEMENTS OR CONDUCT OF ANYONE ON THE APP, OR INABILITY TO USE THE APP,
THE PROVISION OF OR FAILURE TO PROVIDE THE FUNCTIONS AND FEATURES, WHETHER BASED
ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. THIS CLAUSE SHALL
SURVIVE IN PERPETUITY


23. SEVERABILITY

23.1 If any provision of these T&Cs is held to be illegal, invalid or
unenforceable under any present or future applicable laws: (a) such provision
will be replaced with another, which is not prohibited or unenforceable and has,
as far as possible, the same legal and commercial effect as that which it
replaces; and (b) the remaining provisions of the T&Cs will remain in full force
and effect and will not be affected by the illegal, invalid, or unenforceable
provision or by its severance here from.


24. TERMINATION

24.1 These T&Cs and the right to use granted hereunder shall take effect on the
date you create an Account with the App, and shall continue in effect until
termination these T&Cs in accordance with this section.

24.2 We may suspend/terminate the use of the App at any time, with or without
cause, after giving notice of the suspension/termination to you.

24.3 Upon termination, the rights and license granted to you herein shall
terminate and you must cease all use of the App.


25. WAIVER

25.1 Any failure on the part of MWYN to require performance of any provision of
these T&Cs shall not affect its right to full performance thereof at any time
thereafter, and any waiver by MWYN of a breach of any provision hereof shall not
constitute a waiver of a similar breach in the future or of any other breach.


26. ASSIGNMENT

26.1 You shall not assign or transfer any rights, obligations, or privileges
that you have under these T&Cs, without the prior written consent of MWYN. MWYN
reserves the right to assign its rights, obligations or privileges to third
parties and you hereby agree to such assignment. Any assignment or transfer in
violation of this clause will be deemed null and void.


27. INDEPENDENCE FROM PLATFORMS

27.1 The App is independent of any platform on which it is located. The App is
not associated, affiliated, sponsored, endorsed or in any way linked to any
platform operator, including, without limitation, Apple, Google, or Android
(each being an “Operator”).

27.2 Your download, installation, access to or use of the App is also bound by
the terms and conditions of the Operator.

27.3 You and MWYN acknowledge that these T&Cs are concluded only between you and
MWYN, and not with an Operator, and MWYN, not those Operators, are solely
responsible for the App and the content thereof to the extent specified in these
T&Cs.

27.4 MWYN is solely responsible for providing any maintenance and support
services with respect to the App as required under applicable law. You and MWYN
acknowledge that an Operator has no obligation whatsoever to furnish any
maintenance and support services with respect to the App.

27.5 You and MWYN acknowledge that MWYN, not the relevant Operator, is
responsible for addressing any User claims or any third party claim relating to
the App or your possession and/or use of the App, including, but not limited to:
(i) any claim that the App fails to conform to any applicable legal or
regulatory requirement; and (ii) claims arising under consumer protection or
similar legislation.

27.6 You and MWYN agree that, in the event of any third party claim that the App
or your possession and use of the infringes that third party’s intellectual
property rights, MWYN and not the relevant Operator, will be solely responsible
for the investigation, defense, settlement and discharge of any such
intellectual property infringement claim; provided such infringement was caused
by MWYN.

27.7 You must comply with any applicable third party terms of agreement when
using the (e.g. you must ensure that your use of the is not in violation of your
Device agreement or any wireless data service agreement).

27.8 You and MWYN agree that the relevant Operator, and that Operator’s
subsidiaries, are third party beneficiaries of these T&Cs, and that, upon your
acceptance of these T&Cs, that Operator will have the right (and will be deemed
to have accepted the right) to enforce the T&Cs against you as a third party
beneficiary thereof.


28. UPDATES

28.1 MWYN reserves the right to update the App, in order to, inter alia,
increase efficiency, optimize user interface, and add new facilities from time
to time. Update packages will be sent to you on your Device for download and
installation.

28.2 You hereby agree to install the updates from time to time and acknowledge
that MWYN will only be able to provide Account support for the if you ensure
installation of all updates upon receiving notifications thereof when using the
App.


29. VALIDITY OF T&CS

29.1 These T&Cs shall apply when you complete the authentication process and
create an Account and shall remain valid and binding on you for so long as you
maintain the Account and avail Services.


30. SECURITY:

30.1 You are prohibited from violating or attempting to violate the security of
the App, including, without limitation:

  30.1.1 accessing data not intended for you or logging into an account which
you are not authorized to access;

  30.1.2 attempting to probe, scan or test the vulnerability of a system or
network or to breach security or authentication measures without proper
authorization; or

  30.1.3 interfering with service to any user, host, or network.

30.2 You shall not misuse this App by intentionally introducing viruses,
trojans, worms, logic bombs or other materials that are malicious or
technologically harmful (together “Viruses“). You will not attempt to gain
unauthorized access to the App, or any server, computer or database connected to
the App. You will not attack this App via a denial-of-service attack. Further,
you shall not interfere with or circumvent any security feature of the App or
any feature that restricts or enforces limitations on use of or access to the
App, such as probing or scanning the vulnerability of any system, network or
breach.

30.3 Should you breach the provisions of this Clause, you will be liable to be
prosecuted under the Information Technology Act, 2000 and other applicable
statutes. We will immediately report such breach to the relevant law enforcement
authorities and will co-operate with such authorities by disclosing your
identity to them. In the event of such a breach, your rights to use this App
will cease immediately.

30.4 We will not be liable for any loss or damage caused by a denial-of-service
attack or Viruses that may infect your computer equipment, computer programs,
data or other proprietary material due to your use of this App or to your
downloading of any material posted on it.

30.5 You agree to immediately report to us all incidents involving suspected or
actual unauthorized access, disclosure, alteration, loss, damage, or destruction
of data.

30.6 You shall not interfere with or disrupt (or attempt to interfere with or
disrupt) access and enjoyment of the App by other users or any host or network,
including, without limitation, creating or transmitting unwanted electronic
communications such as “spam” to other users, overloading, flooding or
mail-bombing the App, or scripting the creation of content in such a manner as
to interfere with or create an undue burden on the App.

30.7 All actions performed by any person using your account and password shall
be deemed to have been committed by you and you shall be liable for the same. We
reserve the right to suspend/terminate your account at any time if it is found
that you have been sharing the password with any unauthorized user.

30.8 In order to reduce the risk of unauthorized access, a user is logged out
from the account and will have to enter his details and login afresh after 3
(three) consecutive incorrect login attempts. In the event of such lockout, you
can email the administrator at hello@freopay.com and the account shall be
unlocked upon receipt of your email. You can also request for a password reset
on our website through the ‘forgot password’ option on our App.


31. MONITORING:

31.1 All electronic communications and content presented and/or passed to us,
including that presented and/or passed from remote access connections, may be
monitored, examined, saved, read, transcribed, stored, or retransmitted in the
course of daily operations by any duly authorized employee or agent of ours in
the exercise of their duties, or by law enforcement authorities who may be
assisting us in investigating possible contravention/non-compliance with
applicable law. Electronic communications and content may be examined by
automated means. Further, we have the right to reject, at our sole discretion,
from the App any electronic communications or content deemed not to be in
compliance with the corporate policies and procedures of MWYN.


32. GOVERNING LAW AND JURISDICTION

32.1 These T&Cs (and by extension, the Privacy Policy) are governed and
construed in accordance with Indian law. By using the App, you hereby
irrevocably consent to the exclusive jurisdiction and venue of courts in
Bangalore, Karnataka, India, in the event of any disputes arising out of or in
relation to your access to and use of the App.


33. CONTACT INFORMATION

33.1 If you have any questions or concerns regarding the Terms of service or
Privacy Policy, please feel free to contact us at the following email address:
hello@freopay.com or at the contact details published on the App.

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