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TERMS & CONDITIONS

Interested in the fine print? You’re our kind of customer :)

We've tried to keep it really simple and transparent. For your benefit, we’ve
also explained the important parts (late penalties, refunds etc.) in our Help
center.

If you have any questions about our Terms and Privacy Policy, feel free to write
to help@getsimpl.com.




USER TERMS & CONDITIONS

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 or digital signatures.

These terms and conditions under this agreement (“User Terms”) apply on the
usage of our website www.getsimpl.com ("Website"), Service and to all
information, recommendations and/or services provided to you on or through the
Website and/or through the Customer Care (“CC”) at care@getsimpl.com.

The terms and conditions mentioned in this contract along with the Privacy
Policy constitute the entire contract between the User (as defined below) and
Simpl (as defined below) with respect to access to and use of the website and
the Services offered by Simpl, superseding any prior written or oral contracts
in relation to the same subject matter herein.

The term “You / Your” refers to the User of Service, Website and the CC.

You agree and give your consent to receive communications from the Company via
Whatsapp regarding

 1. information relating to transactions recorded on the Website;
 2. requests for payment;
 3. information about the Company and the Services;
 4. promotional offers and services from the Company and its third party
    partners, and
 5. any other matter in relation to the Services



ONE SIGMA TECHNOLOGIES PRIVATE LIMITED is a private company registered under the
Companies Act, 2013 having its registered office at 608, 4th floor, 12th Main
Rd, HAL 2nd Stage, Indiranagar, Bengaluru, Karnataka, India, India and XEROPAY
TECHNOLOGIES PRIVATE LIMITED is a private company registered under the Companies
Act, 2013 having its registered office at 608, 4th floor, 12th Main Rd, HAL 2nd
Stage, Indiranagar, Bengaluru, Karnataka, India (hereinafter collectively
referred to as “Simpl”).

Simpl is a registered trademark of Xeropay Technologies Private Limited.


DEFINITIONS

"Applicable Law" shall mean any statute, law, regulation, ordinance, rule,
judgment, order, decree, by-law, approval from the concerned authority,
government resolution, order, directive, guideline, policy, requirement, or
other governmental restriction or any similar form of decision of, or
determination by, or any interpretation or adjudication having the force of law
of any of the foregoing, by any concerned authority having jurisdiction over the
matter in question;

"Service" shall mean technology platform provided by Simpl that allows Merchants
to offer a differentiated, hassle free buying experience to eligible Users
including a tab offered by the Merchants to the Users;

"Products" shall mean goods and /or services offered by or through the Merchants
on Merchant’s shop, website, e-commerce website and mobile based application;

"User" shall mean any individual or entity as approved by Simpl;


CONSENT TO ACCEPT TERMS OF THIS AGREEMENT

By clicking on the tab/button/ checkbox of “Simpl Buy” or “Order with Simpl” or
“Simpl Pay in 3” or any other button/checkbox of similar nature, (i) you confirm
that eligible under Applicable Law to contract with Simpl, (ii) you consent to
conduct transactions, accept the terms and conditions of this Agreement and the
Privacy Policy as displayed on the Website and (iii) you consent to receive
communications, notices and information from us through post or other physical
medium or electronically (whether through SMS, emails, phone calls and automated
phone calls). Electronic communications shall be deemed to have been received by
you when we send the electronic communication to the email address / mobile
number / details provided by You during the sign-up process as per our records,
or when we post the electronic communication on the Website.


THE SERVICE

Simpl offers a technology platform on www.getsimpl.com and at merchant shop,
website and mobile based application.

Simpl’s technology platform enables Users to avail a tab offered by third party
merchants at their shops, websites and mobile applications ("Merchant") for
transactions made with or through such Merchant.

Simpl shall procure reasonable efforts to facilitate your transaction with a
Merchant in order to obtain Products, subject to the availability of Products
with the Merchant.

By using the Website, Service and/or the CC you hereby acknowledge that Simpl is
not a Merchant. Simpl only facilitates the provision of a tab and a hassle-free
buying experience by the Merchant.

For the avoidance of any doubt, Simpl itself does not provide Products and Simpl
is not a provider of Products. It is up to the Merchant to offer Products, which
may be requested through the Merchant’s shop, website or mobile application. The
provision of the Products by the Merchant to you and any liability therefrom is
therefore subject to the agreement (to be) entered into between you and the
Merchant. Simpl is not privy to such agreement.

Simpl does not at any point of time during any transaction between User and
Merchant, take the ownership of any of Products nor does it at any point assert
any rights or claims over the Products offered by Merchant to User.

For enabling the Service, Simpl may partner with one or more banks, financial
institutions or other entities ("Financial Partner").

Simpl shall collect and hold all documents, writings, agreements, cheques,
drafts, other instruments received from the Users including without limitation,
post dated cheques, demand promissory notes, correspondence and records relating
to the payments for the Products, in trust and as agent for the Merchant, as the
case may be.

Simpl shall maintain necessary records in respect of the transactions entered
into by the User with the Merchants and amounts due in respect of Products and
the User agrees to sharing of such records by Simpl with the Financial Partner
or the Merchant in order to facilitate the Service. The User agrees that such
records as maintained by Simpl shall be sufficient proof of the transactions
entered into between the User and Merchants and the amounts due thereto, which
the User shall not dispute.

Simpl reserves the right to change the nature of Services from time to time
without any prior notice.

User acknowledges and agrees that Simpl may stop (permanently or temporarily)
providing the Services (or any features within the Services) to you or to users
generally at Simpl’s sole discretion, without prior notice to you. You may stop
using the Services at any time, provided that amounts that are due from you to
Simpl under the User terms shall be discharged by you. You do not need to
specifically inform Simpl when you stop using the Services.

The User acknowledges that each transaction shall be assessed by Simpl in
accordance with its own internal standards for processing of such transactions
and Simpl shall have the right to deny the processing of any transaction at its
sole discretion.


USER ELIGIBILITY

Users as approved by Simpl, shall have the right to use the Service provided by
Simpl.

The Service is available only to User who can form legally binding contracts
under the Applicable Law.

User must not be a minor as per Applicable Law i.e. User must be at least 18
years of age to be eligible to use our Service.

Simpl advises its Users that while accessing the Website, Service or CC, they
must follow and abide by the Applicable Laws. Simpl at all the times reserves
the right to deny the Service.


USER ACCOUNTS, OFFERS AND PROMOTIONS

Simpl collects general user data including name, email-id, address, contact
details etc. to facilitate Services by creating an account of the User on the
Website in accordance with Applicable Laws. Simpl also collects relevant user
data from the Merchants to facilitate the Service efficiently. The collection,
verification, audit and maintenance of correct and updated User information is a
continuous process and Simpl reserves the right, at any time, to take steps
necessary to ensure User’s compliance with all relevant and applicable KYC
requirements, if any.

It is assumed that all information provided by the User for signing up on the
Website is correct accurate and up to date. Simpl can verify the information
that User have provided and choose to refuse the Service or use of the Website
without providing reasons. Also, Simpl reserves the right to terminate its
Services on account of misuse and misrepresentation of any information provided
by the User will lead to automated termination of Service without any prior
notice to such User.

User account bearing details provided by the User are created and owned by
Simpl. Any promotional discounts, offers and reward points accumulated or likes
of such provided by the Merchants can be revoked without prior notice in the
event of suspicious account activity or malafide intent/conduct of the User. In
the case where the system is unable to establish unique identity of the User
against the details provided to Simpl, the account shall be indefinitely
suspended. Simpl reserves the full discretion to suspend a User's account in the
above event and does not have the liability to share any account information
whatsoever.




SIMPL REWARDS PROGRAM

 * Simpl Rewards program is a program designed to benefit users who frequently
   transact via Simpl on brands.
 * The program construct as below may change anytime during its operation
   without prior notice or permission from it’s users:
   * Conversion factor: ₹200 = 1 reward point
   * Multiplier: Upto 2 Brands=1x ; 3 brands and above = 2x
   * Minimum transaction amount: ₹200
   * Redemption is manually via cashback
   * 1 reward point earned can be converted into 1 rupee cashback amount
   * Pay-in-3 transactions are not eligible for rewards
   * Billbox transactions are not eligible for rewards




USAGE CONDITIONS

Users agree to use the Services only for purposes that are permitted by a) the
User Terms and b) any Applicable Laws as amended from time to time for the time
being in force.

By using the Website You agree not to:

 * authorize others to use your account;
 * assign or otherwise transfer Your account to any third person or legal
   entity;
 * use the Service or Website for unlawful purposes, including but not limited
   to sending or storing any unlawful material or for fraudulent purposes;
 * use the Service or Website to cause nuisance, annoyance or inconvenience;
 * use the Service or Website with an incompatible or unauthorized device
 * impair the proper operation of the network and/or interfere with or disrupt
   the integrity or performance of the Website or Service;
 * reverse engineer or access the Service or Website in order to design or build
   a competitive product or service, design or build a product using similar
   ideas, features, functions or graphics of the Website or copy any ideas,
   features, functions or graphics of the Website,
 * launch an automated program or script, including, but not limited to, web
   spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or
   worms, or any program which may make multiple server requests per second, or
   unduly burdens or hinders the operation and/or performance of the Website or
   Service;
 * try to harm the Service or Website in any way whatsoever;
 * disclose information designated as confidential by Simpl, without Simpl’s
   prior written consent; and
 * copy or distribute the Service or Website or other Simpl content without
   written permission from Simpl.

You are solely responsible for any breach of your obligations under this
agreement (including financial obligations) and for the consequences (including
any loss or damage which Simpl may suffer) of any such breach.

Payment conditions

 * While using the Service, the User by clicking on the “Simpl Checkout” button
   or any other similar button as provided under the Service on Merchant’s shop,
   website, e-commerce website and mobile based application, shall have effected
   a transaction whereby the User agrees that the amounts due under such
   transaction may be recovered by Simpl on behalf of the Merchant by Simpl. The
   User shall not contest to right of Simpl to recover such amounts on behalf of
   the Merchant. Upon payment of such amounts to Simpl, the User shall not have
   any liability to the Merchant in respect of such amounts paid to Simpl.
 * User shall make payments for the purchases made via Service in the following
   manner:
   * a) For purchases made between the 1st and 15th of a month, the payment will
     be made by the 20th of that month or any later date as maybe be intimated
     by Simpl; and
   * b) For purchases made between the 16th and 30th of a month, the payment
     will be made by the 5th of the following month or any later date as maybe
     be intimated by Simpl.
 * For availing the staggered payment options provided by Simpl (for instance
   Pay in 3), User shall make payments for the purchases made via Service in the
   following manner:
   * a) For purchases made between the 1st and 20th of a month, the payment will
     be made in three equal tranches as follows:
     * a) First installment of the total purchase amount shall be made upfront,
       at the time of the purchase;
     * b) The second installment of the total purchase amount shall be made by
       the 5th of the consequent month or any later date as maybe be intimated
       by Simpl; and
     * c) The third installment of the total purchase amount shall be made by
       the 5th of the month following the second installment or any later date
       as maybe be intimated by Simpl.
   * b) For purchases made between the 21st and 30th of a month, the payment
     will be made in three equal tranches as follows:
     * a) First installment of the total purchase amount shall be made upfront,
       at the time of the purchase;
     * b) The second installment of the total purchase amount shall be made by
       the 5th of the month following the consequent month or any later date as
       maybe be intimated by Simpl; and
     * c) The third installment of the total purchase amount shall be made by
       the 5th of the month following the second installment or any later date
       as maybe be intimated by Simpl.
 * Simpl or its representatives may notify (including by means of post, emails,
   SMS, phone calls, automated phone calls) the User at any time (including on
   and after the due dates of payment) regarding the details of payments due.
   User agrees to the sufficiency of such notification and agrees to make the
   payments due forthwith upon such notification.
 * Users shall be entitled to make payments for the Products purchased through
   NEFT, ECS/NACH and Debit Card payment options. Users may also make payments
   through Credit Cards by connecting with CC for enabling such payment option
   and can also opt for recurring payments for the Products purchased via
   Service to Simpl through UPI, Credit Card, Debit Card and eNach
   (authenticated through Net Banking or Debit Card) for amounts which are due.
   Acceptance of recurring transactions shall be in accordance with the
   applicable RBI guidelines. Details of recurring payments are set out below :
   
   Recurring payment parameter UPI Credit Cards Debit Cards eNACH The frequency
   at which Simpl can debit money from the User's account On-demand anytime
   On-demand anytime On-demand anytime On-demand anytime Maximum amount per
   transaction Rs.5000 Rs.5000 Rs.5000 Rs.100000 Expiry date of mandate (after
   which the user has to renew) 2 years 2 years 2 years 5 years

 * The User shall be notified of the due date of payments as per the provisions
   of this Agreement.
 * In the event of User not being provided notice of non-payment of due for
   reasons attributable to the User or the User not adhering to the provisions
   of Clause 6.3(a) or Clause 6.3(b) (as may be applicable), Simpl shall (i)
   impose a fine of up to Rs 1200 (Rupees Twelve Hundred Only) + applicable
   taxes (GST, etc.) per billing cycle on the User; (ii) be entitled to gather
   information in accordance with Applicable Law from third parties in respect
   of the User for the purpose of collection of amounts due from the User; (iii)
   be entitled to engage third party collection agencies for the purpose of
   collection of amounts due from the User and (iv) be entitled to report any
   information relating to non-payment of amounts due from the User to credit
   bureaus or any other person having the authority to collect such information
   in accordance with Applicable Law. Simpl reserves the right to vary such fine
   or impose any other fine in addition to or in replacement thereof.
 * If the User does not pay the amounts due for a period of 30 days from the
   date such amounts are due, Simpl may suspend the usage of the account of the
   User at its discretion and notify the Merchants regarding such suspension of
   User’s account. User agrees to sharing of such information by Simpl to the
   Merchants. Simpl may revoke such suspension upon imposing any additional
   terms and conditions on the User and such additional terms and conditions
   shall be deemed to constitute a part of the User Terms.
 * Simpl reserves the rights to proceed against You in any manner as Simpl may
   deem fit (including but not limited to any court process in a jurisdiction of
   Simpl’s choice) as per Applicable Law in relation to any amount due to any
   Merchants.

User further agrees to:

 * have understood the contract and terms and conditions laid therein with Simpl
   for Website usage and you have clearly understood the Service;
 * use the Services for personal purpose only (applicable in case of
   individuals);
 * use an access point or 3G/4G data account which you are authorized to use;
 * the business entity, organisations and body corporate shall use the Services
   for authorised purpose only;
 * keep account information confidential or any other identification provided by
   Simpl which allows access to the Service and the Website;
 * provide with proof of identity/address reasonably requested by Simpl;
 * comply with all Applicable Law while using the Website and the Service; and
 * access or (attempt to access) any of the Services by any means other than
   through the interface that is provided by Simpl.
 * you acknowledge and accept that if you use Simpl’s platform for recharges and
   bill payments after the 15th of December 2022, Simpl may levy a platform
   access fee of up to INR 39 per billing cycle. The platform access fee will be
   appropriately debited from your Simpl account.
 * Convenience fee: Simpl reserve the rights of levying a convenience fee to the
   Users opting to pay for prepaid mobile recharges using Simpl as per
   below-mentioned rates:
   * Convenience fee for < 100 INR transaction amount- Rs. 1.00
   * Convenience fee in between 100-300 INR transaction amount- Rs. 2.00
   * Convenience fee for > 300 INR transaction amount- Rs. 3.00
   *Convenience fee mentioned herein is inclusive of all applicable taxes
   Notwithstanding anything contrary contained herein Simpl reserves the rights
   to amend the T&Cs and Simpl's decision in this regard shall be binding and
   conclusive.

Simpl reserves the right to immediately terminate the Service and the use of the
Website should you not comply with any of the above rules.


GENERAL CUSTOMER BEHAVIOUR WHILE USING SERVICE

It is expected that a reasonable behaviour shall be followed by the Users while
utilizing the Services offered by the Website and/or CC.

All the calls made to the Simpl’s CC are recorded by Simpl for quality and
training purposes.


REPRESENTATION AND WARRANTIES

Without prejudice to the above, Simpl makes no representation or warranty that:

 * The Services will meet the User’s requirements.
 * The Services will be uninterrupted, timely or error free.


AMENDMENT TO TERMS OF CONTRACT

Simpl reserves the right to add, vary or amend any or all these terms and
conditions at any time without prior notice and the User shall be bound by such
addition, variation or amendment once such addition, variation or amendment are
incorporated into these User Terms at Simpl’s website at www.getsimpl.com on the
date that Simpl may indicate that such addition, variation or amendment is to
come into effect. Simpl also reserves the right to freely transfer or assign its
rights and obligations vis-à-vis the user under these User Terms (including the
transfer or assignment of the account of the User maintained with Simpl and the
provision of Services to the User) to any third party, without the requirement
of seeking any further consent from the User.


INTELLECTUAL PROPERTY RIGHTS

Simpl is the sole owner or lawful licensee of all the rights to the Website and
its content. Website content means its design, layout, text, images, graphics,
sound, video etc. The website content embodies trade secrets and intellectual
property rights protected under worldwide copyright and other Applicable Laws.
All title, ownership and intellectual property rights in the Website and its
content shall remain with Simpl, its affiliates or licensor's of Simpl content,
as the case may be.

These User Terms do not constitute a sale and do not convey to User any rights
of ownership in or related to the Website, or any intellectual property rights
owned by Simpl.

All rights not otherwise claimed under this contract by www.getsimpl.com are
hereby reserved. The information contained in this Website is intended, solely
to provide general information for the personal use of the reader, who accepts
full responsibility for its use. Simpl does not represent or endorse the
accuracy or reliability of any information, or advertisements (collectively, the
"Content") contained on, distributed through, or linked, downloaded or accessed
from any of the Services contained on this Website, or the quality of any
products, 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 Services provided through the online technology platform. Simpl
reserves the right to make changes and corrections to any part of the Content of
this Website at any time without prior notice.

We accept no responsibility for any errors or omissions, or for the results
obtained from the use of this information. All information on this Website is
provided "as is" and “as available” with no guarantee of completeness, accuracy,
timeliness or of the results obtained from the use of this information, and
without warranty of any kind, express or implied, including, but not limited to
warranties of performance, merchantability and fitness for a particular purpose.
Nothing herein shall to any extent substitute for the independent investigations
and the sound technical and business judgment of the User(s). In no event shall
Simpl be liable for any direct, indirect, incidental, punitive, or consequential
damages of any kind whatsoever with respect to the Service. User(s) of this
Website must hereby acknowledge that any reliance upon any content shall be at
their sole risk. Simpl reserves the right (but shall have no obligation) to
pre-screen, review, flag, filter, modify, refuse or remove any or all Content
from any Service. It reserves the right to moderate, publish, re-publish, and
use all user generated data, contributions and comments (including but not
limited to reviews, comments, likes, favorites, votes) posted on the website as
it deems appropriate (whether in whole or in part) for its product(s), whether
owned or affiliated. It is not liable to pay royalty to any user for
re-publishing any content across any of its platforms.

Simpl reserves the right, in its sole discretion and without any obligation, to
make improvements to, or correct any error or omissions in any portion of the
Services or the Website.


TRADEMARK

All related icons and logos are registered trademarks or service marks of Simpl
in various jurisdictions and are protected under applicable copyright, trademark
and other proprietary rights Applicable Laws. The unauthorized copying,
modification, use or publication of these marks is strictly prohibited.


COPYRIGHT

All content on the Website and Service is the copyright of Simpl except the
third party content and any link to third party website on our Website.

Any systematic retrieval of Simpl content to create or compile, directly or
indirectly, a collection, compilation, database or directory (whether through
robots, spiders, automatic devices or manual processes) without written
permission from Simpl is prohibited.

In addition, use of the content for any purpose not expressly permitted in this
agreement is prohibited and may invite legal action. As a condition of Your
access to and use of Simpl's Services, You agree that You will not use the
Website and/or Service to infringe the intellectual property rights of others in
any way. Simpl reserves the right to terminate the account of a User(s) upon any
infringement of the rights of others in conjunction with use of Simpl’s Service,
or if Simpl believes that User’s conduct is harmful to the interests of Simpl,
its affiliates, or other Users, or for any other reason in Simpl's sole
discretion, with or without cause.


ARRANGEMENT BETWEEN YOU AND THE ISSUING BANK

All valid credit / debit/ cash card/ and other payment instruments are processed
using a credit card payment gateway or appropriate payment system infrastructure
and the same will also be governed by the terms and conditions agreed to between
You and the respective issuing bank and payment instrument issuing company.

All online bank transfers from valid bank accounts are processed using the
gateway provided by the respective issuing bank which support payment facility
to provide these services to You. All such online bank transfers on payment
facility are also governed by the terms and conditions agreed to between You and
the respective issuing bank.


INDEMNIFICATION AND LIMITATION OF LIABILITY

Simpl shall not be responsible or liable for any loss or damage, howsoever
caused or suffered by the User arising out of the use Products offered by
Merchant or due to the failure of Merchant to provide Product to the Users for
any reason whatsoever including but not limited to the User's non­compliance
with the Service’s terms, malfunction, partial or total failure of any network
terminal, data processing system, computer telecom transmission or
telecommunications system or other circumstances whether or not beyond the
control of Simpl or any person or any organization involved in the above
mentioned systems.

Simpl will not be liable for any damages of any kind arising from the use of the
Products offered by the Merchant including, but not limited to direct, indirect,
incidental, punitive, and consequential damages.

Simpl shall not be liable for any Content that you may find indecent, offensive
or objectionable. You shall use the Services at your own risk.

Simpl will take all reasonable measures to ensure that Merchant should fulfill
his duty properly but there may be exceptions and therefore Simpl will not be
held liable for any such compensation on account of the Merchant not meeting
expectations of Users.

Simpl shall not be liable for any conduct of the Merchant or the Financial
Partner. Simpl encourages Users to notify any complaints that User may have
against any Merchant that User may have.

No advice or information, whether oral or written, obtained by you from Simpl or
through or from the services shall create any warranty not expressly stated in
the terms.

Simpl disclaims any and all liability in respect of the Merchant and their
Products provided thereof.

User agrees to indemnify and keep Simpl, its affiliates and licensors
indemnified against all costs, expenses, damages, losses and liabilities
incurred or suffered by Simpl or its affiliated companies related to any User
content posted or transmitted by User during the use of the Website or Service
or any unauthorised use of the Website or Service in contravention of this
Agreement.


GOVERNING LAW AND DISPUTE RESOLUTION

These User Terms shall be governed by, and construed in accordance with, the
laws of India, without reference to principles of conflicts of law. The parties
agree that the courts of Bangalore shall have exclusive jurisdiction over any
dispute arising from or relating to the User Terms and/or the Website.

You expressly consent to the personal jurisdiction of said courts and waive any
objection to such personal jurisdiction based on forums non convenience or any
other basis.

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