I. Information Collected:
We will collect personal information of the User. While some User information has to be mandatorily provided, others are optional and certain portions of the information will remain private and some will be displayed to other users; We shall always let the User know which is which. Additional information may be gathered during subsequent use of the App by the User, whenever the User chooses to provide it.
- A. Certain mandatory information will be collected at the time of registration on the App which is required to enable the User to login to the App and for Us to: (a) verify the User’s identity; (b) determine the User’s eligibility for taking loans using its proprietary technology; and (c) safeguard against illegal activities like fraud, cheating, misappropriation, etc.
- B. In order to use the facilities and services available on the App, the User may be required, from time to time, to provide certain additional personal information after registration on the App, which information shall be collected only upon receiving the User’s express consent.
- C. We may also automatically receive and collect certain anonymous information in standard usage logs through the web server, including mobile-identification information obtained from the equivalent of "cookies" sent to the App, including mobile network information, standard web log information, traffic to and from our App, tracking inside the App and any other available information, from:
- an IP address, assigned to the device used by the User;
- the domain server through which the User accesses the App and the functions and features therein; and
- the type of device used by the User.
- E. After obtaining the User’s specific consent to allow the App to access the User’s SMS inbox, we may collect relevant information from text messages (SMS) received by the Users from providers of services and/or products (including but not limited to retail outlets, financial institutions, mobile carriers and utility companies), that will enable us to provide better access to financial services & products to the Users. We will only access business messages that originate from alphanumeric senders.
II. Method and manner of use of User information
- A. When the User registers with the App, We will use the information supplied by the User to pull a credit report from a credit bureaus and identity verification services to facilitate banks and other financial institutions to evaluate the User’s loan request in the context of the User’s complete financial situation.
- B. We will also use the User information to enable activities and transactions that need to occur during the process of lending, such as:
- Generating and maintaining User profiles on the App;
- Provide personalized features;
- Aiding financial services organizations to provide better services;
- Facilitating collection activities as needed;
- Maintaining regular communications with the User concerning transactions the User initiates, such as requesting information or assistance, submitting a loan request, making payments, transferring funds, etc.
- Modifying the App from time to time to cater to the User’s interests;
- Providing the App and the functions and features therein, efficiently ;
- Preserve social history as governed by existing law or policy;
III. Sharing Of Information
We will not use User information for any purpose other than in connection with the App. MWYN will not rent, sell or share User information and will not disclose any of the User’s personally identifiable information to third parties, unless:
- it is pursuant to obtaining the User’s permission;
- it is in connection with the services being rendered through the App;
- it is to help investigate, prevent or take action regarding unlawful and illegal activities; suspected fraud, potential threat to the safety or security of any person, violations of MONEYTAP’s Terms& Conditions, or as defence against legal claims;
- it is a case of special circumstances such as compliance with court orders, requests/order, notices from legal authorities or law enforcement agencies compel us to make such disclosure; and
- it forms part of the information MONEYTAP shares with advertisers on an aggregate basis.
IV. Information security
- A. The information provided by the User is stored in access controlled facilities with restricted access. User Information transmitted over the internet is protected through the use of encryption, using the Secure Socket Layer (SSL) or equivalent protocols.
- B. If a password is used to help protect User accounts and account information, it is the responsibility of the User to keep the password confidential. You have to ensure that You always log out, before sharing the device with a third party and it is advised that the User utilize a service to protect access to the User’s device.
- C. We shall use generally accepted industry standards to protect the User information submitted to Us, both during transmission and upon receipt. However, please be advised that, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, even though We strive to use commercially acceptable means to protect User Information, We cannot guarantee its absolute security.
V. Procedure For Removing User Name from the Records
- A. If and when a User is desirous of having his/her name and other details removed from the records of MONEYTAP, immediately upon receiving the User’s written request to that effect MONEYTAP shall remove and/delete all such information.
- B. If the User no longer wishes to receive notifications about MONEYTAP services, The User may change his/her notification preferences by contacting MONEYTAP at firstname.lastname@example.org. MONEYTAP reserves the right to close the User account if the User opts out of receiving certain crucial notices that are required to perform the MONEYTAP services through its App. The User may not opt-out of receiving notifications about due or past due amounts that the User owes MONEYTAP or any other collections efforts.
VI. Procedure For Correcting Inaccuracies In The Information
The User may correct or update any information online. In the event of loss of access details the User may retrieve the same or receive new access details by sending an e-mail to: email@example.com
Terms and Conditions
MoneyTap (“MONEYTAP”) is a property of and operated by MWYN Tech Private Limited, a company incorporated under the Companies Act, 1956, and having its registered office at Alpha Building, Sigma Soft Tech Park, No.7, Whitefield Road, Ramagondanahalli, Varthur, Hobli, Bangalore – 560 066.
By accessing or using the MONEYTAP application (”App”), you signify that you have read, understood and agree to be bound by these Terms and Conditions (“T&C”) and any other applicable law, whether or not you are a registered member of the App. As used herein, “Users” shall mean anyone who uses or accesses the App on any computer, mobile phone, tablet, console or other device (collectively, "Device"). Your continued use of the App shall be constituted as your acceptance to the revised T&C. If you do not agree with these T&C, please do not access and use this App.
For the purposes of these T&C, “we”, “our” and “us” shall mean MONEYTAP, and/or third-party service providers engaged by MONEYTAP 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 subject to change
- 1.1. We reserve the right to update or modify these T&C at any time without prior notice. Your access and use of this App following any such change constitutes your agreement to follow and be bound by these T&C , as updated or modified. For this reason, we encourage you to review these T&C each time you access and use the App.
- 2.1. You represent and warrant that you are competent and eligible to enter into a legally binding agreement and be bound by these T&C. You shall not access and use this App if you are not competent to contract under the applicable laws, rules and regulations.
- 2.2. If you represent a company, partnership firm or sole proprietorship, you shall be eligible to access this 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.
3. Intellectual Property Policy
- 3.1. 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.
- 3.2. You may access the App, avail of the features and facilities and utilize the App Content for your personal or internal requirements only. 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.
- 3.3. MONEYTAP 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.
4. User Account, Passcode & Security
- 4.1. You have an option to set a security passcode on the App once you are approved for a credit limit. You are responsible for maintaining the confidentiality of the passcode and Account, and are 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 4.
- 4.2. 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 MONEYTAP, immediately upon receiving your written request to that effect MONEYTAP shall remove and/delete all such information.You hereby acknowledge that the removal of your details from MONEYTAP does not constitute termination of your obligations, if any, to our banking partner who may have approved your credit limit on MONEYTAP.
5. Use of App - Features and Facilities
- 5.1. Through the App, MONEYTAP assists Users to gain access to certain credit schemes from its banking and financial partners.
- 5.2. MONEYTAP hereby grants to you a restricted, non-transferable, license to download and use the App on a Device, having the specifications provided for in Clause 7 of these T&C , which you own or control, to avail of the functions and features in accordance with these T&C .
- 5.3. The App provides inter alia a combination of the following facilities to its visitors:
• Qualification for various financial products;
• Monitoring personal financial transactions and credit history; and
• Personal credit management.
- 5.5. We shall not mediate or attempt to get involved in and resolve any disputes or disagreements inter se between you and third party/ies.
6. Customer Communications
7. System Requirements
- 6.1. Accepting these T&C , 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), calls using prerecorded 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.
- 6.2. 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).
- 7.1. 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.
8. User Guidelines
- 8.2. 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.
- 8.3. You accept that any and all operations emanating from your Device shall be assumed to have been initiated by you.
- 8.4. 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.
- 8.5. You shall request MONEYTAP, to block the Account and change the passcode immediately for the Account, if your Device has been lost or stolen.
- 8.6. You are responsible for any and all activities that occur in your Account. You agree to notify MONEYTAP immediately of any unauthorized use of the Account or any other breach of security. MONEYTAP shall not be liable for any loss to you or your organization owing to negligent actions or a failure on your part to inform MONEYTAP, 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.
- 8.7. You shall be liable for losses incurred by MONEYTAP 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 MONEYTAP.
- 8.8. MONEYTAP shall make all reasonable efforts to ensure that your information is kept confidential. However, MONEYTAP 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.
- 8.9. 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 MONEYTAP shall not be liable in any manner whatsoever for default of any nature, by you, regarding the same.
- 8.10. 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 ACCESSES 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.
- 8.11. You must notify your bank immediately in the event your credit card is lost, stolen, not received, swallowed at an ATM, or is being misused without your permission. Please refer the detailed instructions received from your bank for additional precautions to be taken in case of loss/ theft/ misuse of your credit card.
- 9.1. 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&C and/or your infringement, or infringement by any other user of your Account, of any intellectual property or other right of anyone.
- 10.1. The App and the functions and features therein are provided on an "as is" and on an "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
- 10.2. MONEYTAP 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.
- 10.3. MONEYTAP 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 MONEYTAP, 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.
- 10.4. 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&C .
11. Limitation of Liability
- 11.1. 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 OF 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, HETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. THIS CLAUSE SHALL SURVIVE IN PERPETUITY.
12. Maximum Effect
- 12.1. The laws of certain jurisdictions do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have rights in addition to those contained in these T&C. Under such circumstances, MONEYTAP and MONEYTAP’s affiliates' (and their respective employees, shareholders, directors, agents and representatives) liability shall be limited to the greatest extent permitted by law.
- 13.1. MONEYTAP may terminate the use of the App at any time after giving notice of the termination to you.
- 13.2. Upon termination, the rights and license granted to you herein shall terminate and you must cease all use of the App.
- 14.1. Any failure on the part of MONEYTAP to require performance of any provision of these T&C shall not affect its right to full performance thereof at any time thereafter, and any waiver by MONEYTAP of a breach of any provision hereof shall not constitute a waiver of a similar breach in the future or of any other breach.
- 15.1. You shall not assign or transfer any rights, obligations, or privileges that you have under these T&C , without the prior written consent of MONEYTAP. Subject to the foregoing, these T&C will be binding on the successors and permitted assignees of MONEYTAP. Any assignment or transfer in violation of this clause will be deemed null and void.
16. Independence from platforms
- 16.1. 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”).
- 16.2. Your download, installation, access to or use of the App is also bound by the terms and conditions of the Operator.
- 16.3. You and MONEYTAP acknowledge that these T&C are concluded only between you and MONEYTAP, and not with an Operator, and MONEYTAP, not those Operators, are solely responsible for the App and the content thereof to the extent specified in these T&C .
- 16.4. MONEYTAP is solely responsible for providing any maintenance and support services with respect to the App as required under applicable law. You and MONEYTAP acknowledge that an Operator has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
- 16.5. You and MONEYTAP acknowledge that MONEYTAP, 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.
- 16.6. You and MONEYTAP agree that, in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, MONEYTAP 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 MONEYTAP.
- 16.7. You must comply with any applicable third party terms of agreement when using the App (e.g. you must ensure that your use of the App is not in violation of your Device agreement or any wireless data service agreement).
- 16.8. You and MONEYTAP agree that the relevant Operator, and that Operator’s subsidiaries, are third party beneficiaries of these T&C , and that, upon your acceptance of these T&C , that Operator will have the right (and will be deemed to have accepted the right) to enforce the terms of these T&C against you as a third party beneficiary thereof.
- 17.1. MONEYTAP 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.
- 17.2. You hereby agree to install the updates from time to time and acknowledge that MONEYTAP will only be able to provide Account support for the App if you ensure to install all updates upon receiving notifications thereof when using the App.
18. Validity of T&C
- 18.1. These T&C 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.
Please ensure that you carefully read the terms of this MWYN Account User Consent Form, before signifying your assent thereto.
MWYN ACCOUNT USER CONSENT FORM
I, Mr./Ms. __________ with Aadhaar No. __________, have opened an account with MWYN Tech Private Limited (“MWYN
”) on their MoneyTap application (“App
”) to avail of certain services (“Services
”) rendered via the App.
I acknowledge that in order for MWYN to provide the Services, it is essential for MWYN or its designated financial institutions or banks (“MWYN Associates
”) to access and obtain both hard and soft copies of all my documents, reports, and such other such information (“Credit Information
”) maintained with the Credit Information Bureau (India) limited (“CIBIL
”), Equifax, Trans Union, Experian or CRIF High Mark and/ or any other credit rating agencies (together, “Credit Agencies
”). Further, in order for me to avail of these Services, MWYN or the MWYN Associates require(s) access to obtain copies of my Credit Information. Therefore, I do hereby specifically authorize MWYN and MWYN Associates to access and obtain copies of my Credit Information from the Credit Agencies.
Please consider any request for Credit Information from MWYN and MWYN Associates as a request for and on my behalf and under my express authorization.
I, further, do hereby authorize MWYN and the MWYN Associates to do all acts on my behalf as may be necessary including to execute/ sign application(s), make payment of applicable fees and generally do all other acts as may be necessary to receive, on my behalf and at my request, the Credit Information from the Credit Agencies.
I hereby confirm that, all the powers hereby conferred may be exercised by an officer(s) or manager(s) / agent(s) / employee(s) of MWYN and/ or MWYN Associates who is (are) duly authorized by MWYN and/ or the MWYN Associates.
I acknowledge that MWYN and/ or MWYN Associates may use my Credit Information to provide its Services that may even include dissemination of the Credit Information.
I shall be solely liable, and indemnify and hold harmless MWYN and MWYN Associates for and against, any and all third party claims and/or damages of any kind, arising from or in connection with: (a) any misrepresentations, incorrect information or omission of any critical information in my application; or (b) facilitating access to, obtaining copies of or furnishing my Credit Information based on this consent form, and shall not at any time hold MWYN or its affiliates/ MWYN Associates and their respective officers, directors, employees or representatives liable in this respect.
I hereby also confirm that I have only appointed MWYN or the MWYN Associates to be my authorized agent/representative for collection of my Credit Information and for submitting my application form(s) to appropriate financial agencies.
I shall at all times co-operate with MWYN or the MWYN Associates and execute and deliver to them such instruments and documents and take such other actions as may be required by them, from time to time, in connection with this consent form.
I hereby acknowledge and accept the terms and conditions mentioned above.