These Terms constitute a binding and enforceable contract between Capillary Technologies India Private Limited, its affiliates (“Company”, “we”, or “us”), Apollo Finvest India Limited (“Lender”) and you, as an end user of the Services (“you” or “user”). You represent and warrant that you have full legal capacity and authority to agree and bind yourself to these Terms.
By using the Services, you agree that you have read, understood, and are bound by these Terms as amended from time to time, and that you comply with the requirements listed herein. If you do not agree to all of these Terms or comply with the requirements herein, please do not access the Platform or use the Services.
Please note that capitalised terms across these Terms shall have the following meanings:
(a) “Borrower” means a user who avails the Services from the Lender through the Platform.
(b) “Credit” shall have the meaning ascribed to it in Section 2.
(c) “Lenders” include banks, financial institutions, non-banking financial companies, and other organisations that we partner with in order to provide the Services; and the term “Lender” shall be interpreted accordingly.
(d) “Merchant” means any merchant that we have partnered with, a list of which is available here.
(e) “Outlet” shall have the meaning ascribed to it in Section 6(b).
(f) “Services” means the services defined in Section 2.
(g) “QR Code” means the quick response code displayed at the Merchant’s Outlet.
We partner with Lenders, to enable you to avail short term loans (“Credit”) from Lenders, and facilitate easy repayments through the various repayment options on the Platform (collectively, the “Services”).
3. ACCOUNT REGISTRATION
(a) In order to avail the Services, you will be required to create an account on the Platform by setting up a username and password which will be linked to your phone number and email address (“Account”).
(b) You agree that you shall implement reasonable measures to secure access to:
(i) any device associated with the email address or phone number linked to your Account with the Platform;
(ii) the username, password, and other login or identifying credentials to access the Platform.
(c) You are responsible for maintaining the confidentiality of your username and password assigned during the Account registration process. You agree to immediately notify us of any disclosure or unauthorised use of your Account, or any other breach of security with respect to your Account.
(d) You must ensure that you log out from your Account at the end of each session to prevent misuse of your Account.
(e) You expressly agree and consent to be liable and accountable for all activities that take place through your Account. We shall in no manner be held liable for any unauthorised investments through your Account due to unauthorised access including but not limited to hacking and security breaches.
4. ELIGIBILITY CRITERIA
(a) To avail the Services, you must be at least 18 years of age and an Indian resident. In addition, you may be subject to a Lender’s specific eligibility criteria, if any.
(b) You agree to upload all the information and documents, including financial data, that may be necessary to ascertain your eligibility to use the Services (“KYC Documents”). You hereby allow Us to share your KYC Documents with the Lender, for the Lender to process such KYC Documents and ascertain your creditworthiness and eligibility. In the event, any additional information, data, or documentation is required to determine your eligibility (collectively, “Additional Information”), you hereby agree to share such Additional Information promptly upon request, and further, authorise the Lender to process such Additional Information.
5. PERSONAL INFORMATION
(a) In order to access the features of the Platform and use the Services, you may be required to provide certain personal information to the Company. You confirm and verify that the personal information submitted to the Company is accurate and authentic and agree to update the Company if there is any change in the information so submitted.
(c) You hereby authorise the Company to make any inquiries in order to verify your identity and/or protect itself against fraud, and to further take any action that the Company may reasonably deem necessary based on the outcome of such inquiries and reports. You authorise all third parties, to which such inquiries or requests may be directed by the Company, to fully respond to such inquiries or requests of the Company.
(d) To avail the Services, subject to the other conditions of these Terms, a Borrower may have to enter into a separate arrangement with the Lender that details the terms and conditions on which the credit facility is being granted through the Platform and comply with the Lender’s terms and conditions for availing Credit. In such cases, in addition to these Terms, such additional terms shall govern your access to and use of the Services.
(e) While using the Jiffy Credit Service, you shall be required to provide certain details, you agree to provide correct details and warrant that these details are accurate and complete. By submitting your information and/or request for availing the facility, you express your acceptance to Jiffy's terms and privacy policies and agree to receive transactions confirmations, payment reminders, collection reminders and other associated information by email, SMS and/or by any other means of communication after entering your details on Jiffy platform.
6. USE OF CREDIT FACILITY
(a) Borrowers can avail Credit for a specific Merchant only and can utilise the Credit to purchase products from such Merchants. You understand that the Credit availed for a specific Merchant cannot be used in non-Merchant outlets. Further, once availed, the credit facility cannot be cancelled or refunded.
(b) To use the credit facility, you must visit the Merchant’s offline retail outlet (“Outlet”) and scan the QR Code via the ‘scan and claim’ option on the Platform. You will have to authenticate the purchase through a one-time password that will be sent to the mobile number linked with your account on the Platform.
(a) You will have to make all repayments for Credits granted to you through the Platform. You may have the option of using an auto debit facility to repay amounts that are due from you on a recurring basis. If you choose to use this option, you hereby authorise the Company to enable the deduction of amounts that are due from you and transfer the same to the Lender’s account.
(b) The Company may also offer you the option of repaying amounts for Credits granted to you through a payment link. If you choose to use such a model, you will be required to pay the entire amount due in a single tranche.
(c) We may use a third-party payment processor (“Payment Processor”) to bill you through the selected mode of payment. The processing of payments will be subject to the terms and policies of such Payment Processors in addition to these Terms. We shall not be liable for any errors by the Payment Processor or any other third party involved in the payment process.
8. YOUR RESPONSIBILITIES
(a) You represent and warrant that any information that is provided through your account is complete, true, and correct on the date of agreeing to these Terms and shall continue to be complete, true, and correct while you use the Services. Should any information that you provide change during the existence of these Terms, you undertake to immediately bring such change to our notice.
(b) It is your responsibility to ensure that all information, documentation, material, or data you provide on or through the Platform is correct, complete, accurate, and not misleading, and that you disclose all relevant facts. We do not accept any responsibility or liability for any loss or damage you may suffer or incur if any information, documentation, material, or data provided to avail the Services or use the Platform is incorrect, incomplete, inaccurate, or misleading, or if you fail to disclose any material fact.
(c) You are solely liable for the consequences of any impersonation or fraud that you have perpetrated while submitting information to avail the Services and the resultant damage or injury that such impersonation or fraud may cause us, any Lender, or any third party.
(d) You agree and acknowledge that you are aware of applicable laws and regulations governing your access to and use of the Services. You shall be solely responsible for ensuring compliance with the various applicable laws, and shall be solely liable for any liability that may arise due to a breach of your obligations in this regard.
(e) You shall extend all cooperation at your cost, to us in our defence of any proceedings that may be initiated against us due to a breach of your obligations or covenants under these Terms.
(f) You shall not use the Services or Platform in any manner except as expressly permitted in these Terms. Without limiting the generality of the preceding sentence, you may not:
(i) infringe any proprietary rights, including but not limited to copyrights, patents, trademarks, or trade secrets, of any party;
(ii) except as may be provided hereunder, copy, display, distribute, modify, publish, reproduce, store, transmit, post, translate, create any derivative works from, or license the Platform;
(iii) use the Services to transmit any data or send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other harmful programmes or similar computer code designed to adversely affect the operation of any computer software or hardware;
(iv) use any robot, spider, other automated device, or manual process to monitor or copy the Platform or Services or any portion thereof;
(v) engage in the systematic retrieval of content from the Platform or Services to create or compile, directly or indirectly, a collection, compilation, database or directory without our prior written permission;
(vi) use the Services or Platform in (A) any unlawful manner, (B) for fraudulent or malicious activities, or (C) in any manner inconsistent with these Terms; or
(vii) violate applicable laws in any manner.
9. OUR INTELLECTUAL PROPERTY
(a) All rights, title, and interest in and to the Platform and Services, including all intellectual property rights arising out of the Platform and Services, are owned by or otherwise licensed to us. Subject to your compliance with these Terms, we grant you a non-exclusive, non-transferable, non-sub licensable, royalty-free, revocable, and limited licence to use the Platform and Services in accordance with these Terms and our written instructions issued from time to time.
(b) We may request you to submit suggestions and other feedback, including bug reports, relating to the Platform or Services from time to time (“Feedback”). We may freely use, copy, disclose, publish, display, distribute, and exploit the Feedback without any payment of royalty, acknowledgement, prior consent, or any other form of restriction arising out of your intellectual property rights.
(c) Except as stated in these Terms, nothing in these Terms should be construed as conferring any right in or license to our or any third party’s intellectual rights.
10. THIRD PARTY SERVICES
(a) The Platform and Services may include services, content, documents, and information owned by, licensed to, or otherwise made available by a third party (“Third Party Services”) or contain links to Third Party Services. You understand that Third Party Services are the responsibility of the third party that created or provided it and acknowledge that the use of such Third Party Services is solely at your own risk.
(b) We make no representations and exclude all warranties and liabilities arising out of or pertaining to such Third Party Services, including their accuracy or completeness.
(c) All intellectual property rights in and to Third Party Services are the property of the respective third parties.
11. DISCLAIMERS AND WARRANTIES
(a) You agree that your use of the services is at your sole risk. We are an intermediary that provides a platform to connect lenders and borrowers. We do not bear any responsibility for any arrangement that lenders and borrowers may agree to. Please obtain appropriate legal advice before you enter into an agreement through the services.
(b) We are merely a technology platform service provider and :
(i) are not registered with the Reserve Bank of India;
(ii) do not hold any licence to engage in any activities relating to lending or borrowing;
(iii) are not a financial institution under the Companies Act, 2013 or the Banking Regulation Act, 1949 or any other laws for the time being in force in India; and
(iv) are not a deposit taking company or a chit fund or a company offering any investment schemes as per the rules and regulations for the time being in force in India.
(c) You acknowledge and agree that we are not engaged in (i) the grant of any loan, (ii) borrowing any monies, or (iii) the assistance in the sale or of any financial products.
(d) To the extent permitted by applicable law, the Services and Platform are provided on an “as is” and “as available” basis. We do not warrant that operation of the Services and Platform will be uninterrupted or error free or that the functions contained in the Services and Platform will meet your requirements. To the fullest extent permissible under applicable law, we expressly disclaim all warranties of any kind, express or implied, arising out of the Services and Platform, including warranties of merchantability, fitness for a particular purpose, satisfactory quality, accuracy, title and non-infringement, compatibility, applicability, usability, appropriateness, and any warranty that may arise out of course of performance, course of dealing, or usage of trade.
(e) We are not and will not be responsible for any claim or for any damages suffered that are related, directly or indirectly, to or arise out of the use of the Services.
(f) We do not make any representations or warranties on behalf of any Lender. Further, we do not make any representation or warranty as to specifics of Credit or any loan facility proposed to be offered to Borrowers. We do not endorse the Credit facility offered by Lenders and accept no liability for any errors or omissions, whether on behalf of ourselves or any Lender.
(g) We are in no manner responsible for any claim of money or damages in the event a person fails to either grant a loan or disburse a loan or a person fails to repay a loan, misrepresents their financial status, or commits fraud, cheats, or otherwise engages in any illegal act.
(h) We do not come into or take possession of any Credit amount, nor do we at any point gain title to or have any rights or claims over any Credit offered by Lenders to Borrowers.
(i) All commercial and contractual terms are offered by and agreed to between Lenders and Borrowers alone. We do not have any control over and do not determine, advise, assist, or in any way involve itself in the offering or acceptance of such commercial or contractual terms between Lenders and Borrowers.
(j) We are not responsible for the non-performance or breach of any contract entered into between Borrowers and Lenders.
(k) We are under no obligation to mediate or resolve any dispute or disagreement between Borrowers and Lenders.
(l) We do not guarantee or warrant that a Borrower will be eligible for or provided with Credit facilities. We do not accept any responsibility or liability in the event a Borrower is found to be ineligible for any Credit that they make seek through the Services.
(m) You hereby accept full responsibility for any consequences that may arise from your use of the Services, and expressly agree and acknowledge that we shall have absolutely no liability with respect to the same.
(n) To the fullest extent permissible by law, we, our affiliates, and related parties each disclaim all liability to you for any loss or damage arising out of or due to:
(i) your use of, inability to use, or availability or unavailability of the Services, including any Third Party Services;
(ii) the occurrence or existence of any defect, interruption, delays in the operation or transmission of information to, from, or through the Services or Platform, communications failure, theft, destruction or unauthorised access to our records, programmes, services, server, or other infrastructure relating to the Services and Platform; or
(iii) the failure of the Platform to remain operational for any period of time.
You shall indemnify, defend at our option, and hold us, our parent companies, subsidiaries, affiliates, and officers, associates successors, assigns, licensors, employees, directors, agents, and representatives, harmless from and against any claim, demand, lawsuits, judicial proceeding, losses, liabilities, damages and costs (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) due to or arising out of the your access to or use of the Platform, use of the Platform or Services, violation of these Terms or any terms communicated by the Lender, or due to your infringement, or any infringement by any third party who may use your account on the Platform, of these Terms or any terms communicated by the Lender.
13. LIMITATION OF LIABILITY
(a) To the fullest extent permitted by law, the Company and its affiliates, related parties each disclaim all liability to you for any loss arising due to:
(i) The use of, inability to use, or availability or unavailability of the Platform or Services, including Third Party Services.
(ii) The occurrence or existence of any defect, interruption, deletion of files, delays in the operation or transmission of information to, or from the Platform, communications failure, theft, destruction or unauthorised access to the Company’s records, programs, services, server, or other infrastructure relating to the Platform and the Services.
(iii) The Platform or Services being infected with any malicious code or viruses.
(iv) The failure of the Platform to launch, or to remain operational for any period of time.
(b) Neither we nor any of our affiliates or related parties shall have any liability to you or any third party for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under, directly or indirectly, or relating, in any manner whatsoever, to these Terms, the Platform, or the Services.
(c) Notwithstanding anything to the contrary, the maximum aggregate liability of the Company and its affiliates, for any loss shall not exceed INR 500/- (Five Hundred Rupees).
14. SERVICE FEE
(a) The use of the Platform is free of cost, except for any charges that may be levied by third parties for the Third Party Services that may be availed. However, you agree that the Company reserves the right to amend this policy and charge you for the Services, or any part thereof, at any time.
(b) The Company may also launch any additional or premium services not currently offered, which may be chargeable at an additional cost. You expressly and unconditionally agree to be bound by any such revisions of the fee policy and/or charges if any additional or premium services are availed.
These Terms shall remain in effect as long as you continue to access the Platform, avail the Services, or maintain an Account on the Platform.
(a) Notwithstanding other legal remedies that may be available to it, We may at our sole discretion, limit your access or activity (either temporarily or indefinitely), or suspend or terminate your Account or refuse to provide you with access to the Platform and the Services, without providing you with notice or cause, for any reason including but not limited to the occurrence of the following events:
(i) breach of your obligations, covenants, representation under the Terms;
(ii) failure to repay or fraudulent payment for transactions; or
(iii) upon the request of a Lender or statutory body.
(b) Upon termination under Clause 16(a):
(i) the Platform will “time-out” and you shall not be able to use it; and
(ii) these Terms shall terminate, except for those clauses that expressly or are intended to survive termination or expiry.
(c) Notwithstanding anything to the contrary contained in the Terms, upon termination of your access to or use of the Platform and Services, all amounts or outstanding monies due by you to the lender shall continue to be payable in accordance with the Lender’s terms.
17. CONSENT TO USE DATA
(b) We may use information and data pertaining to your use of the Services for analytics, trends’ identification, and purposes of statistics to further enhance the effectiveness and efficiency of the Services.
(c) You hereby expressly authorise us to disclose any and all information relating to you in our possession to any law enforcement or other government officials, if we believe it is necessary or appropriate in connection with the investigation or resolution of possible crimes, including but not limited to your identity, information provided by you, your banking information, and your correspondence. You further understand that we might be directed to disclose any such information as may be deemed necessary to satisfy any judicial order, law, regulation or valid governmental request.
18. MODIFICATION OF PLATFORM
We reserve the right at any time to add, modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice or cause. You agree and acknowledge that we shall not be liable to you or to any third party for any such addition, modification, suspension or discontinuation of the Services.
19. FORCE MAJEURE
We shall have no liability to you if we are prevented from or delayed in performing its obligations or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the our workforce or any other party), failure of a utility service or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of machinery, fire, flood, storm or default of suppliers or sub-contractors.
20. JURISDICTION, GOVERNING LAWS, AND DISPUTE RESOLUTION
These Terms shall be governed by and construed and enforced in accordance with the laws of India. Subject to other provisions in this Clause, courts in Bangalore shall have exclusive jurisdiction over all issues arising out of these Terms or the use of the Services.
Any controversies, conflicts, disputes, or differences arising out of these Terms shall be resolved by arbitration in Bangalore in accordance with the Arbitration and Conciliation Act, 1996 for the time being in force, which is deemed to be incorporated by reference in this Clause. The tribunal shall consist of 1 (one) arbitrator appointed by us. The language of the arbitration shall be English.
The parties to the arbitration shall keep the arbitration confidential and not disclose to any person, other than on a need to know basis, unless required to do so by law. The decision of the arbitrator shall be final and binding on all the Parties hereto.
Each party to the arbitration shall bear its own costs with respect to any dispute.
21. MISCELLANEOUS PROVISIONS
(a) Modification – We reserve the right at any time to modify these Terms and to add new or additional terms or conditions on your use of the Platform or Services. Such modifications and additional terms and conditions will be communicated to you and, will be effective immediately and will be incorporated into these Terms. In the event, you refuse to accept such changes, these Terms and licence will terminate.
(b) Severability - If any provision of these Terms is determined by any court or other competent authority to be unlawful or unenforceable, the other provisions of these Terms will continue in effect. If any unlawful or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the clause shall be read and interpreted in a manner that achieves the intended commercial result of the original provision.
(c) Assignment - You shall not distribute, licence, sell, transfer or assign your rights or obligations hereunder to others in any manner without our prior written consent. We may grant or withhold this consent in its sole discretion and subject to any conditions we deems appropriate.
(d) Notices - All notices, requests, demands, and determinations for us under these Terms (other than routine operational communications) shall be sent to
Address: 31/9, Krimson Square, 1st floor, Roopena Agrahara, Hosur Main Road, Bengaluru - 560068.
(e) Third Party Rights - No third party shall have any rights to enforce any terms contained herein.
Last updated: 15th Feb 2019
© 2019 Capillary Technologies India Private Limited. All Rights Reserved.