TERMS AND CONDITIONS
These terms and conditions (“Terms & Conditions”) govern your use of the website www.bettrcredit.com, (“Website”) and mobile application under brand name “Bettr”(“App”) (Website and App shall collectively be referred to as “Platform”) owned and operated by mVALU Technology Services Private Limited with its registered office at 321, 3rd floor, E Wing, Kanakia Zillion, LBS Marg, CST Road Junction, Kurla West, Mumbai - 400070 (hereinafter referred to as “Us” / “We” / the “Company”).
As a user ("User" or "You" which shall mean and include any natural person who has registered, agreed to use or has accessed or is visiting the Platform), You understand that the Company facilitates provisioning of card products (“Card”) issued by its partners (“Partner”) and provides such other services as may be introduced by the Company from time to time.
Please read these Terms & Conditions carefully before accessing or using the Platform or any part thereof. By accessing or using any part of the Platform, You agree to be bound by these Terms & Conditions. If You do not agree to all the Terms & Conditions, then YOU MAY NOT ACCESS THE PLATFORM OR USE ANY SERVICES PROVIDED BY COMPANY THROUGH THE PLATFORM.
- You represent and warrant that You:
- are at least 18 (eighteen) years old. In the event You are under the age of 18 (eighteen) years, You represent and warrant that You have the requisite consent from your legal guardians and are accessing or using the Platform under their supervision.
- are competent to form a binding contract under the Indian Contract Act, 1872.
- have not previously been suspended or your use of the Platform or any part thereof has not been restricted due to any breach or perceived breach by the Company.
- You acknowledge and agree that the Company shall merely facilitates a transaction between the Partner and You. We neither lend nor borrow through this Platform, any/all services facilitated through our Partner shall be on such terms as may be mutually agreed between You and the Partner. The Company is not an organization registered with the Reserve Bank of India or any other regulatory authority and does not hold any license to directly provide the services referred to herein relation to the same. The Company is not a ‘Financial Institution’ under the Companies Act, 2013 or the Banking Regulation Act, 1949 or any other laws for the time being in force in India. The Company is also 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.
- You acknowledge and agree that no oral or written information or advice provided by the Company, its officers, directors, employees, or agents, nor any information obtained through the Platform or otherwise from the Company, will or shall constitute trading, investment or financial advice.
- In the event You avail the Card, You agree to be bound by the terms and conditions of the Partner available at https://bettrcredit.com/terms.html and other documents as may be executed by and between You and the Partner.
- You agree to allow the Company, on behalf of the Partner, to send You payment reminders or such other reminders, messages as may be required from time-to-time pursuant to facilitation services provided by the Company. You also agree that if You fail to pay an amount owed to the Partner, pursuant to any agreement, the Company may engage in collection efforts to recover such amounts from You on behalf of the Partner.
- The Company in order to provide facilitation services, will be using, processing and sharing the information of the User with concerned Partner and other parties, as may be required for the purpose mentioned above. Further, You agree that the Company may disclose your personal and account information if the Company believes that it is reasonably necessary to comply with a law, regulation, legal process, or governmental request.
- In the event You have registered Your phone number on the ‘Do Not Disturb’ registers with Your network provider, You shall ensure to take all steps to enable the Company’s representative’s to contact You via phone to provide details about different financial products and You shall ensure that such calls received by You are pursuant to You providing Us with information and You shall not register a complaint with the relevant authorities for the same.
- The Platform including all materials on it, or provided to You, through it are protected by copyright, trademark and other intellectual property rights and laws throughout the world and are owned by, or are licensed to the Company. You are permitted to display the materials on this Platform on a computer screen and/or mobile screen and, save for restricted access documents, to download and print a hard copy for your personal use, provided You do not alter or remove any of the content which may include text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content provided by the Company (“Content”) without our express permission to do so and that You do not change or delete any copyright, trademark or other proprietary notices. Content also includes any Content created by You or through your Account and Content uploaded or posted by You on the Platform (“User Content”).
- All Content on the Platform is provided “as is” with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of the 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 contained in these Terms & Conditions shall to any extent substitute for the independent investigations and the sound technical and business judgment of the User. In no event shall the Company be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the services offered on the Platform.
- The Company reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms & Conditions, at any time without any prior written notice to the User. It is the User’s responsibility to review these Terms & Conditions periodically for any updates/ changes. User’s continued use of the Platform following the modification of these Terms & Conditions will imply the acceptance by the User of the modification.
- You also acknowledge and agree that your ability to use the Platform may be detrimentally impacted by regulatory action or changes in regulations by the Reserve Bank of India or the government of India. The Company shall not be responsible for any loss suffered by User due to discontinuance of the services, or any part thereof, available on Platform as a result of regulatory action or changes in regulations.
2. Your Account
- You can browse the Platform without creating an account. However, You cannot avail services offered through the Platform, unless You have created an account on the Platform. To create an account (“Account”) on the Platform, You will be required to follow the registration procedure prescribed by the Company and will be required to furnish certain information and details, including your name, email id, contact number, date of birth, address and any other information deemed necessary by the Company.
- You hereby understand and acknowledge that the information requested by the Company is for the purposes of complying with various laws, regulations and guidelines (including Know Your Customer (KYC) norms / Anti-Money Laundering (AML) standards / Combating of Financing of Terrorism (CFT) / obligation of regulated entities under the Prevention of Money Laundering Act, 2002) promulgated by the Government of India from time to time by the Company or its associated Partners. You further acknowledge that if You do not provide the requested information to the Company, the Company or its Partners will be unable to provide or continue its / their services to You.
- In the event there is mismatch in the details provided by the User or incorrect details have been provided, the Company may at its sole discretion reject your registration. You must update your details as specified in the rejection email sent to You.
- You authorize Us to make the inquiries, whether directly or through third parties, that We consider appropriate, in our sole discretion, to verify your identity or protect You and/or Us against fraud or other financial crimes, and to take action We reasonably deem necessary based on the results of such inquiries.
- You further authorize Us to share any information provided by You with third party service providers, solely for the purpose of authentication of the information provided at the time of registration of the Account. You also authorize Us to call or message you on the contact number provided for the purpose of authentication of your Account.
- The Platform uses temporary cookies to store certain data (that is not sensitive personal data or information) that is used by Us for maintenance of the Platform and its features as well as research and development, and for administration of Your account. In the course of serving advertisements or optimizing services, We may allow authorized third parties to place or recognize a unique cookie on the your browser. We do not store personally identifiable information in the cookies.
- You understand and agree that You are responsible for maintaining the confidentiality and security of your Account, password, activities that occur in or through your Account. You agree to accept responsibility for restricting and preventing unauthorized access to your Account. You agree to accept responsibility for all activities that occur under your Account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform Us immediately if You have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner or any other security breach. The Company will not be liable for any loss or damage arising from your failure to comply with the above requirement.
- You accept and agree that your Account shall not be transferred to any other third party. You will be responsible for the activities associated with your Account in case of such transfer.
- You represent and warrant that all the details provided by You are true, correct, accurate, complete, and up to date. In the event of any change in the information provided, You agree to update the details on the Account immediately without any delay. You further represent and warrant that at the time of making a new Account, You shall inform the Company of any existing Account(s) on the Platform.
3. Use of Platform
- You will not use the Platform otherwise than as an end user. You will always comply with all applicable laws in your use of the Platform.
- You agree not to circumvent, disable or otherwise interfere with security-related features of the Platform or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Platform or the Content therein.
- Except for the services explicitly provided, the Company does not provide, control or endorse any third-party information, products or services in any manner whatsoever, even if such third-party information, products or services are advertised on the Platform. The Company shall under no circumstance be responsible for any delay/default or any other issue in the services provided by its Partners.
- The Company shall not be responsible for any delay or failure resulting from infrastructure issues, like server uptime, network availability and connectivity.
- The Platform is controlled and offered by the Company from its facilities in India. If You are a user outside India, please take note the Company is subject only to Indian law and only to the jurisdiction of Indian courts. The Company makes no representations that the Platform is appropriate or available for use in other locations. Therefore, if You are a user outside India, You may use the Platform solely on Your own volition and at your own risk. You shall be solely responsible for compliance with local law.
4. Use and Issue of Card
- The Card shall at all times be exclusive property of the Company’s partners issuing the cards. The use of the Card is permitted only in India and for transactions in Indian Rupees only.
- The User shall, upon recipient of the Card, forthwith sign on the reverse side of the Card at the designated area. In case of absence of or mismatch of the sign on the Card, the Company or the Partner may reject or cancel any transaction without assigning any reason to the User or any liability towards the User.
- You agree that the Company and its Partner reserve the right to refuse issuance of Card or decline any transaction without assigning any reason to the User or any liability towards the User.
- You understand and agree that the Card is non-transferable and You shall be liable for any transaction undertaken through the Card.
- You acknowledge and agree that, unless otherwise expressly agreed, the Company or the Partner shall under no circumstance be liable to pay any interest on the balance maintained in the Card.
- You shall complete the KYC process as may be required by the Partner for issuance and use of the Card and provide true, correct and complete information for completion of KYC process. You authorize the Company to collect, store, transfer and process such information on behalf of the Partner.
5. Prohibited Activities
- You agree not to:
- copy, reproduce, store (in any medium or format), distribute, transmit, modify, create derivate works from all or any part of the Content or the Platform or the materials or software on it, or provided to you through it without our prior written consent (which may be given or withheld in the Company absolute discretion);
- use the Platform or any of the Content on it, or provided to you through it, for:
- any unlawful purpose or in contravention of applicable law;
- commercial exploitation without our prior written consent; and
- any purpose or in any manner that may give a false or misleading impression of Us, our staff or our services.
- establish a link to the Content or the Platform from any other website, intranet or extranet site without our prior written consent.
- decompile, disassemble or reverse engineer (or attempt to do any of them) any of the Content provided on or through the Platform.
- do anything that may interfere with or disrupt the Platform.
- publicly criticize, disparage, call into disrepute, or otherwise defame or slander the Platform or the Company and any of its officers, directors, members or employees.
- encourage or permit others to do any of the above.
- In addition to what is already provided in the Terms & Conditions, You represent and warrant that You shall not post, display, upload, modify, publish, transmit, update or share any information that:
- belongs to another person and to which the User does not have any right.
- Is defamatory, obscene, pornographic, paedophilic, invasive of another person’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force.
- Is harmful to child.
- Infringes the intellectual property rights.
- violates any law for the time being in force.
- deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact.
- impersonates another person.
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
- threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
- Spreads false and inaccurate information.
- is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.
- disrupts the services or in any way attempts to solicit users towards the services of a competitor.
- may interfere with the proper operation of this Platform or the Company’s systems in any manner.
- In the event that You do not comply with the above restrictions or the Company has reasons to believe that You have indulged in any of the activities specified above, the Company retains the right to immediately suspend or terminate your Account and access to the Platform, and take legal action against You, including without limitation, initiation of proceedings for claims against You for any losses and costs (including legal costs) that the Company may suffer as a result of your actions and reporting You to law enforcement authorities without providing any notice of You about any such report and confiscating any balance remaining in your Account which has been terminated. You shall further solely be liable for any claim brought against You by any other User affected by your actions.
6. Monitoring of the Platform and User Accounts
- The Company always has the right and liberty to monitor the Content of the Platform or any part thereof which shall include information provided in your Account and User Content. The monitoring of the Platform is important to determine the veracity of the information provided by You and to ensure that every User remains compliant with these Terms & Conditions. Subject to the Terms & Conditions mentioned herein, the Company shall also have the liberty to remove any objectionable User Content which is in contravention of these Terms & Conditions or any applicable laws in force in the jurisdiction where the Platform is available to users or share such information with any governmental authority as per procedures laid down by the law for the time being in force in such jurisdiction.
7. Suspension of Access
- The Company may stop providing one or more services through the Platform and may terminate access to or use of the Platform at any time without giving notice of termination to You. Unless the Company informs the User otherwise, upon any termination, (a) the rights and licenses granted to You under these Terms & Conditions will terminate forthwith; (b) your Account shall be suspended; and (c) You must stop using the Platform or any part thereof forthwith. The Company reserves the right to suspend or cease providing the Platform and shall have no liability or responsibility to the User in any manner whatsoever, except as prescribed under applicable law.
8. Third Party Materials and Services
- The Platform may provide You links to third party services (“Third Party Services”) and may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”). You acknowledge and agree that the Company is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third-Party Materials or Third-Party Services. THE COMPANY DOES NOT WARRANT OR ENDORSE AND DOES NOT ASSUME AND WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON FOR ANY THIRD-PARTY SERVICES, THIRD PARTY MATERIALS OR WEBSITES, OR FOR ANY OTHER MATERIALS, PRODUCTS, OR SERVICES OF THIRD PARTIES.
9. Limitation of Liability and Disclaimer of Warranties
- Notwithstanding anything to the contrary contained herein, neither the Company nor its affiliates, subsidiaries, officers, directors, employees or any related party shall have any liability to You or to any third party for any indirect, incidental, special or consequential damages or any loss of revenue or profits or loss of data arising under or relating to these Terms & Conditions even if the Company is advised of such damages.
- The Services are provided on as is as available basis. The Company expressly disclaims all warranties of any kind in relation to the services, information, products, communication provided by the Company will be error free and/or uninterrupted. The Company assumes no liability whatsoever for any monetary or other damage suffered by You on account of any act/ omission of the company. Notwithstanding the foregoing, in no event will the Company or its affiliates, subsidiaries, officers, directors, employees or any related party have any liability monetary or otherwise, for claims arising out of or in connection the services, any performance or non-performance of the services, or any other product, service or other information provided by or on behalf of the Company whether under contract, statute, strict liability or other theory.
- To the maximum extent permitted by law, You waive, release, discharge and hold harmless the Company, its affiliated and subsidiary companies, and each of their directors, officers, employees, and agents, from any and all claims, losses, damages, liabilities, expenses and causes of action arising out of your access to or use of the Platform.
- We do not guarantee our Platform will be secure, error free or free from bugs or viruses and accept no liability for loss or damage in respect of the same.
- YOUR USE OF THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
- THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND AS TO THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. THE COMPANY FURTHER MAKES NO WARRANTY THAT: (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM 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 THE COMPANY THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS & CONDITIONS.
- You agree to indemnify, save, and hold the Company, its affiliates, contractors, employees, officers, directors, agents and its third party associates, licensors, and partners harmless from any and all claims, demands, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to your use or misuse of the Platform, any violation by You of these Terms & Conditions, or any breach of the representations, warranties, and covenants made by You herein or your infringement of any intellectual property or other right of any person or entity, or as a result of any threatening, libellous, obscene, harassing or offensive material posted/ transmitted by You on the Platform. The Company reserves the right, at your expense, to assume the exclusive defence and control of any matter for which You are required to indemnify the Company, including rights to settle, and You agree to cooperate with the Company’s defence and settlement of these claims. THIS CLAUSE SHALL SURVIVE TERMINATION OF THESE TERMS & CONDITIONS.
11. Governing Law and Jurisdiction
- Your access to and use of the Platform and Terms & Conditions is subject to the laws of India. In case of any disputes arising out of the access to or use of the Platform or any part thereof Courts of Mumbai will have exclusive jurisdiction.
12. Third Party Rights
- Nothing in these Terms & Conditions is intended to nor shall it confer a benefit on any third party who is not a party to these Terms & Conditions and such third party has no rights to enforce them.
- No delay or decision not to enforce rights under these Terms & Conditions will constitute a waiver of the right to do so and will not affect rights in relation to any subsequent breach.
14. Intellectual Property Rights
- All the intellectual property used on the Platform except those which have been identified as the intellectual properties of a User shall remain the exclusive property of the Company. You agree not to circumvent, disable or otherwise interfere with security related features of the Platform or features that prevent or restrict use or copying of any materials or enforce limitations on use of the Platform or the materials therein. The materials on the Platform or otherwise may not be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means.
- Company and service provider of Company may use, modify, display, distribute and create new material using such Content to provide the service to You. We may also use, sell, license, reproduce, distribute and disclose aggregate, non-personally identifiable information that is derived through Your use of the service. By submitting Content, You automatically agree, or promise that the owner of such Content has expressly agreed that, without any particular time limit, and without the payment of any fees, the Company and its third party service provider may use the Content for the purposes set out above.
- You may terminate these Terms & Conditions by ceasing to use the Platform. The Company reserves the right to terminate your Account or access to the Platform at its sole discretion if You are found to be in breach of these Terms and & Conditions or any applicable laws. In all other cases the Company shall provide you with prior written notice of one (1) day for termination of your Account.
- Even after termination Indemnity, Intellectual Property, Governing Law and any other clauses that naturally survive, shall survive the termination of these Terms & Conditions
- If any provision of these Terms & Conditions is deemed invalid, unlawful, void or for any other reason unenforceable, then that provision shall be deemed severable from these Terms & Conditions and shall not affect the validity and enforceability of any of the remaining provisions.
18. Electronic Communication
- The communications between You and the Company use electronic means, whether You use the Platform or send Us emails, or whether the Company posts notices on the Platform or communicates with You via email. For contractual purposes, You (a) consent to receive communications from Us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that We provide to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.
19. Force Majeure
- The Company shall not be liable for any damage or loss suffered by You due delay or failure in performance of the Company’s obligations under these Terms & Conditions when such delay or failure is due to causes, circumstances or events beyond its control including delay due to floods, fires, accidents, earthquakes, riots, explosions, wars, hostilities, acts of government, custom barriers, strikes, epidemic, pandemic, complete break down of telecommunication or internet services or other causes of like character. In such an event, the Company shall be excused from any and all performance obligations.
- The Company believes in ensuring that all the Users of the Platform are able to access and utilize the Platform to their satisfaction. Therefore, We believe in addressing any grievances or concerns that the Users have with regard to their experience on the Platform. Where any grievance is addressed to the Grievance Officer, the User shall receive an acknowledgement of the grievance or complaint within 24 hours of receipt. Within fifteen (15) days of receipt of the grievance, the Grievance Officer shall dispose of the grievance.
- Where a complaint relates to exposure of private area of an individual, display of an individual in full or partial nudity or depicting an individual in any sexual act or conduct, or is in the nature of impersonation in an electronic form, including artificially morphed images of an individual, the Grievance Officer shall within 24 hours of receipt of complaint take all reasonable and practicable measures to remove or disable access to such content which is hosted, stored, published or transmitted by the Platform. The details of Grievance Officer are as follows:
Email id : firstname.lastname@example.org