Last updated on: 11/01/2023
Introduction:
Terms of UseThese terms of use (“Terms and Conditions”) mandate the terms on which the users (“You” or “Your” or “User”) access and register on the web application 'SPAC' (Website: getspacc.app) operated and managed by Zerobalance Technologies Private Limited (hereinafter collectively be referred to as “Company” or “We” or “Us” or “SPAC” or “Spac” or “the Platform”), incorporated under the laws of India and registered under the Companies Act, 2013.By proceeding to use the SPAC App, you (“User”/ “you”/ “your”) signify your consent to be bound by these T&Cs in addition to agreeing to the General SPAC Terms and Conditions(“General ToU”) and SPAC “Privacy Policy”. By use of SPAC, you shall be contracting with SPAC and these T&Cs referenced herein will constitute Your binding obligations with SPAC.
Please read the Terms of Use and Privacy Policy carefully before registering on the Platform or accessing any material, information through the Platform. The Company retains an unconditional right to modify or amend this Terms of Use without any requirement to notify You of the same. It shall be Your responsibility to check these Terms of Use periodically for changes. Your acceptance of the amended Terms of Use shall signify Your consent to the changes and the agreement to be legally bound by the same. Company should appropriately update the terms and conditions featured on its website to populate any placeholders and to confirm that. By registering on SPAC, You represent that you are -
1. An Indian Resident having a valid SPAC account.
2. A natural or legal person above 18 years of age or older within the meaning of Indian Contract Act 1872.
3. You can enter into a legally binding agreement.
4. You have the right, authority, and capability to enter into this agreement abiding by all the provisions of the SPAC ToU and “Privacy Policy”.
5. You are not barred or otherwise legally prohibited from accessing or using services of SPAC or SPAC Entities under the laws of India.
6. You represent that you are currently not a Politically Exposed Person (“PEP”) as defined by RBI.You shall not impersonate any person or entity, or falsely state your age or affiliation with any person or entity. SPAC shall reserve the right to terminate your contract to use SPAC account in case of any incorrect representation of the conditions mentioned herein.You agree and undertake to immediately notify SPAC in circumstances where your PEP status changes, or you become related to a PEP. You should promptly notify SPAC in writing to ensure that appropriate steps are taken in accordance with applicable laws and SPAC's policy . You further understand that as a PEP you will be subject to additional customer due diligence requirements as determined by the regulators. As a PEP you hereby agree to fully comply with all the aforesaid additional customer due diligence requirements as well as cooperate with SPAC to complete all continuing compliance requirements applicable to a PEP as will be notified to you by SPAC to ensure uninterrupted use of your SPAC account. Issuance of SPAC's co-branded PPI might be subject to additional due diligence, which may include but not limited to reviewing and validating the credential provided by You as part of the SPAC account application, internally or using other Business Partners / Service Providers, Sanctions Check as notified by regulators, Our risk management process and SPAC shall have discretion and sole right to issue SPAC account to You. Hence, by merely sharing the required data may not entitle creation of Your SPAC account.
Platform Services:You acknowledge that the Platform is a web/app service that allows You to avail the services directly from the Company including their products and services. The Company hereby grants You, a limited, non-exclusive, non-transferable, royalty free licence to use the Platform for the purposes of availing the services from SPAC, collectively hereinafter referred to as (the “Platform Services”).
SPAC’s services:
Issuing a SPAC account for availing spend management and payments services across multiple platforms and services; and promptly and efficiently respond to your queries relating to Your Account.It is hereby clarified that the Company is merely providing a platform to its users to avail SPAC account. Please note that SPAC only facilitates the sale through the Platform and will not be liable in any manner with respect to the products/ services allotted to You. You hereby agree and acknowledge that the data and information provided on the Platform does not constitute advice of any nature whatsoever. In no event shall the Company be liable to You for any loss or damage that may cause or arise from or in relation to these Terms of Use and/or due to use of this Platform or due to investments made using this Platform.As part of the Platform Services provided to You, after availing such services, You agree to provide honest feedback/review about the concerned Platform Service, if required by the Company. In case of any dissatisfaction with the Platform Services, You shall first file a formal complaint with the customer service of the Company, as may be applicable, prior to pursuing any other recourse. The complaints can be lodged at support@getspac.app or on 7600612548 and upon lodging a complaint You agree to provide complete support to the customer service team with such reasonable information as may be sought by them from You. The decision of the Company, as may be applicable, on the complaints shall be final and You agree to be bound by the same.
Use of the Platform:
Subject to compliance with the Terms of Use, the Company hereby grants You a non-exclusive, limited privilege to access and use this Platform.
You agree to use the Platform only:
for purposes that are permitted by the Terms of Use; and
in accordance with any applicable law, regulation or generally accepted practices or guidelines.You agree that You shall not copy, reproduce, sell, redistribute, publish, enter into a database, display, perform, modify, alter, transmit, licence, create derivatives from, transfer or in any way exploit any part of any information, content, materials, services available from or through the Platform, except that You may download the Platform for Your own personal, internal use and non-commercial use. You agree that You will not use the Platform in any manner or engage in any activity that may damage, disable or impair or adversely affect the use of the Platform or interfere with any other users’ use, legal rights, or enjoyment of the Platform. Further, You agree not to remove any text, copyright or other proprietary notices contained in the content downloaded from the Platform. Further,
You undertake not to:
defame, abuse, harass, threaten or otherwise violate the legal rights of others;
publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
copy, republish, post, display, translate, transmit, reproduce or distribute any content on the Platform through any medium without obtaining the necessary authorization from the Company;
conduct or forward surveys, contests, pyramid schemes or chain letters;
upload or distribute files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents;
upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Platform or another’s computer;
engage in any activity that interferes with or disrupts access to the Platform (or the servers and networks which are connected to the Platform);
attempt to gain unauthorized access to any portion or feature of the Platform, any other systems or networks connected to the Platform, to any of the Company’s server, or through the Platform, by hacking, password mining or any other illegitimate means;
probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other User, of or visitor to, the Platform, to its source, or exploit the Platform or information made available or offered by or through the Platform, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided on the Platform;
disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers or networks connected to or accessible through the Platform or any affiliated or linked sites;
collect or store data about other Users in connection with the prohibited conduct and activities;
use any device or software to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform;
use the Platform or any material or content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Company or other third parties;
falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
violate any applicable laws or regulations for the time being in force within or outside India or anyone’s right to privacy or personality;
violate the Terms of Use contained herein or elsewhere; and
reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Platform.
SPAC reserves the right to pull back rewards from a user's account (pre or post redemption) in case of suspicious or fraudulent activities as detected by SPAC from time to time without any notice/intimation.Application and Issuance of SPAC Wallet
You shall be responsible for the documents/information and declarations provided to SPAC about Yourself, Your residency and tax status, information about PEP and other material information including but not limited to Your KYC documents. SPAC shall not be liable for incorrect documents/information and declarations and retains the right to refuse activation and right to deactivate of Your SPAC account and report such incident to Legal Enforcement Agencies (LEAs) and the regulator(s) as per extant directives.
We may review the data/information provided by you and undertake appropriate due-diligence, including risk management before issuing SPAC account as per the extant regulatory directives issued by RBI or any other regulator, such as RBI’s Know Your Customer (“KYC”), Prevention of Money Laundering Act (“PMLA”), RBI’s directives on PPI issuance and operation and other directives that are notified by the regulator from time to time and applicable to SPAC account. We may also fetch data from other sources available in public or through our business partners or service providers which may pertain to You as part of due diligence and risk management.
We may monitor Your transaction(s) for probable high-risk/fraud transactions. Basis our continuous transaction monitoring, We may place a hold on the Transaction, block or reject transaction and may also temporarily block you SPAC account and ask You for more information on You and Your funding source before releasing / reinstating Your account/transaction. You shall also note that, Your account could also be temporarily or permanently blocked basis abuse against any employee, company, or incorrect declaration by any customer or merchant and We shall not be liable for any loss caused to You due to this while we investigate Your account.
While, the continued availability of the SPAC account shall be subject to the requirements under law, regulations or directions connected to prepaid payment instruments, SPAC reserves the right to suspend/discontinue the Wallet at any time, for any cause, including, but not limited, to the following-
For any suspected violation of the rules, regulations, orders, directions, notifications issued by RBI from time to time or for any violation of any SPAC Terms;
any suspected discrepancy in Your particular(s), KYC documentation or information provided by the You; or
to combat potential fraud, sabotage, willful destruction, threat to national security or for any other force majeure event; or
SPAC in its sole opinion and discretion believes that cessation/ suspension of Your SPAC Wallet is necessary for any other legitimate purpose.Prohibited use of PPI, user conduct and responsibilitiesProhibited use of PPI, User Conduct and ResponsibilitiesYou shall not impersonate any person or entity, falsely claim or otherwise misrepresent an affiliation with any person or entity, or access the accounts of others without permission, forge another person’s digital signatures or perform any other fraudulent activity.
You shall not use the account to defraud SPAC, our affiliates or other members or users, or engage in other unlawful activities (including without limitation dealing in products or services prohibited by law).
You shall not purchase anything (products or services) using fraudulent funds and shall not use the Wallet for money laundering, tax evasion or any other illegal activities.
You shall not use the SPAC account in a manner that may result in complaints, disputes, imposition of fines, penalties, chargebacks or any other liability to SPAC;
You shall apply appropriate due-diligence while transacting using Your SPAC Wallet as in case any amount is transferred erroneously by You to any Merchant or any other person, SPAC shall not be liable to refund such amount to You under any circumstances.
Any web-link on the website to a third-party site is not an endorsement of that web-link. By using or browsing any such other web-link, you shall be subject to the terms and conditions in each such web-link and You should review such terms and conditions before using such website/application.
SPAC shall send all customer communications by SMS/ email/ notification or any other communicating mode and they shall be deemed to have been received by You after they have been submitted for delivery to the SMS/email service providers. You are required to review all such communication and report back to Us in case of any concern or query.
You agree to receive all transactional and promotional messages from SPAC/ SPAC merchant partners. However, in case You do not want to receive promotional messages, You shall Opt-Out from by expressing Your consent on the Opt-Out option provided as part of such emails or via any other medium made available to You by SPAC.
You shall use the account in good faith and in compliance with all applicable laws and regulations and be solely responsible for payment of any taxes, duties or other governmental levies or any financial charges that may be imposed on any products or services purchased or supplied by a merchant or otherwise arising from transactions.
You shall ensure that the SPAC account is not used for Transactions in foreign currency. SPAC account is issued & shall be valid only in India and shall be used at Merchant located in India only.
You agree and understand that when you acquire goods or any other services from a Merchant platform through SPAC Services, we are not a party to the contract between you and the Merchant. We do not endorse any advertiser or Merchant linked to its website or app. Furthermore, we are under no obligation to monitor the Merchant's service used by you; the Merchant alone will be responsible for all obligations under the contract including (without limitation) warranties or guarantees. Any dispute with or complaint against any Merchant must be directly resolved by the User with the Merchant. It is clarified that We shall not be responsible or liable for any deficiency in goods and/or services purchased using SPAC Services. You are instructed to satisfy yourself regarding the quality, quantity and fitness of any good and/or service before purchasing the same.
You shall be solely responsible for maintaining the confidentiality of your password and Login ID that allows you to access the Website/App. You shall be responsible for all activities that occur through your account or password/MPIN.
You agree to notify SPAC immediately of any unauthorized use of your account or any other breach of security. Fold shall not be liable for any unauthorized use or access of your account.
Communication Policy:
By making use of the Website, and furnishing your personal/contact details, You hereby agree that you are interested in the services, offers, campaigns etc. that SPAC or any other third party may offer/provide/share/send to you from time to time through any means including but not limited to telephone, SMS (short messaging service), electronic mail (e-mail), Whatsapp or any other messaging service/mobile application or any other physical, electronic or digital means/mode.
You specifically understand and agree that by using the Website you authorize SPAC, its affiliates, partners and third parties to contact you for any follow up calls in relation to the services provided through the Website and for offering or inviting your interest in availing any other product or service offered by Fold or such third parties. You agree and consent to receive communications relating to all of the above on your phone/mobile number provided by you on the Website and expressly waive any registration or preference made under DND/NCPR list under the applicable TRAI regulations.
You will indemnify and hold harmless SPAC and the SMS/e-mail service provider including its officials from any damages, claims, demands, proceedings, losses, costs, charges and expenses whatsoever including legal charges and attorney’s fees which SPAC or the SMS/e-mail service provider may at any time incur, sustain, suffer or be subjected to as a consequence of, or arising out of, any of the following:
misuse by You; or
improper or fraudulent information provided by You; or
incorrect number or a number that belongs to an unrelated third party provided by You.
You agree and authorize SPAC to share your information, with its group companies, vendors, service providers of SPAC and other third parties, in so far as required for marketing purposes/offering various products and services and/or to provide you with various value-added services, in association with the services selected by you or generally otherwise.
You agree to receive communications through e-mails, telephone and/or SMS, from Fold or third parties. You also agree that SPAC reserves the right to make your details available to its partner banks/financial institutions, vendors, service providers, business partners, agents or any other third party and that you may be contacted by such partners and/or the third party for information through email, telephone and/or SMS.
Third Party Services:
For providing You with services, SPAC may use third-party products or services to you within the Website or redirect you to such third-party applications and websites. In order to use these third-party products or services, you may need to accept additional terms and conditions and meet additional requirements as specified by such third parties. Any redirection to a third-party page shall be governed by their terms and conditions and Fold will not be responsible for the same.
You acknowledge and agree that SPAC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Your interaction with any third party accessed through the Website is at your own risk, and SPAC will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any such third parties or for any personal injuries, death, property damage, or other damages or expenses resulting from your interactions with the third parties.
Intellectual Property Rights:The Platform and all information, content, materials, products including, but not limited to text, content, photographs, graphics, texts, video and audio content and computer code (“Content”) on the Platform is owned and controlled by the Company and the design, structure, selection and feel and arrangement of the Content is protected by copyright, patent and trademark laws and other various intellectual property rights either in the favour of the Company or third parties from whom the appropriate permissions have been taken under applicable laws. The trademarks, logos and service marks displayed on the Platform (“Marks”) are the property of the Company and its affiliates or other respective third parties, as the case may be. You are not permitted to use the Marks without the express prior written consent of the Company or the third party that owns the Marks.Further, You understand and accept that all information, except Your personal information and other data submitted by You for the purposes of transacting on the Platform, through the Platform shall be deemed the property of the Company, and the Company shall be free to use any ideas, concepts, know-how or techniques provided by You on the Platform, in any manner whatsoever. On initiating a contact or query through the Platform, You agree to be contacted by the Company or any other entities with whom the Company has entered into an arrangement for the provisions of Services to You.Disclaimer of Warranties, Indemnification and Limitation of LiabilityYou expressly understand and agree that, to the maximum extent permitted by applicable law, the Platform and other Content are provided by the Company on an “as is” basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, the Company makes no warranty that
(i) the Platform or Platform Services will meet Your requirements or Your use of the Platform will be uninterrupted, timely, secure or error-free;
(ii) the results that may be obtained from the use of the Platform will be effective, accurate or reliable;
(iii) any errors or defects in the Platform will be corrected. No advice or information, whether oral or written, obtained by You from the Company shall create any warranty not expressly stated in the Terms of Use.The Company will have no liability related to any user Content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. The Company also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user Content. Further, the Company will not be liable for any loss that You may incur as a consequence of unauthorized use of Your Account or Account information in connection with the Platform or the Platform Services either with or without your knowledge.The Company and its affiliates have endeavoured to ensure that all the information on the Platform is correct, but the Company and/ or its affiliates neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information regarding the Platform Services or otherwise. The Company shall not be responsible for the delay or inability to use the Platform or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities and related graphics obtained through the Platform, or otherwise arising out of the use of the Platform, whether based on contract, tort, negligence, strict liability or otherwise. Further, the Company shall not be held responsible for non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Platform that may occur due to technical reasons or for any reason beyond the Company’s control. You understand and agree that any material or data downloaded or otherwise obtained through the Platform is done entirely at Your own discretion and risk, and that You will be solely responsible for any damage to Your computer systems or loss of data that results from the download of such material or data.
You acknowledge that the software and hardware underlying the Platform as well as other internet related software which are required for accessing the Platform are the legal property of the respective vendors. The permission given by the Company to access the Platform will not convey any proprietary or ownership rights in the above software/hardware to You.Please note that not all the Platform Services are available in all geographical areas and depending on Your location, You may not be eligible to avail certain Platform Services offered by the Company as the case may be. The Company reserve the absolute right to determine the availability and eligibility for any of the Platform Service offered on the Platform.The Company is not responsible for the availability of content or other services on third party sites linked from the Platform and the Company urges You to read the terms of use of the respective third party sites, before accessing or registering with any of such third party sites. Further, the Company does not make any warranties and expressly disclaims all warranties express or implied, including without limitation, those of merchantability and fitness for a particular purpose, title or non-infringement with respect to any information or services or products that are available or advertised or sold through these third-party websites.The Company shall not be liable for failure or error of any transaction on the Platform or for any failure on part of the Company to perform any of its obligations under these Terms of Use if performance is prevented, hindered or delayed by a Force Majeure event (defined below) and in such case its obligations under these Terms of Use shall be suspended for so long as the Force Majeure event continues. The term “Force Majeure Event” means any event due to any cause beyond the reasonable control of the Company, including without limitations, unavailability of any communication systems, breach, or virus in the processes or payment or delivery mechanism, sabotage, fire, flood, explosion, acts of god, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorised access to computer data and storage devices, computer crashes, malfunctioning in the computer terminal or the systems getting affected by any malicious, destructive or corrupting code or program, mechanical or technical errors/failures or power shut down, faults or failures in telecommunication etc.Further, You will not dispute responsible for:
(i) any act that is not an obligation of Company under the Terms of Use;
(ii) any disclosures made by Company to any statutory body under any law; and
(iii) processing of instructions authenticated by Your login credentials, non-availability or non-accessibility of the Platform, telephone(s), or office(s) of Company in case of circumstances beyond Company’s control.You agree to indemnify the Company, its directors and employees from any losses, damages, penalties, claims, costs and demands (including reasonable attorney fees and legal costs) arising out of breach or non-performance and/or non-observance of the duties and obligations, representations, warranties and covenants under the Terms of Use or due to your acts or omissions. You further agree to hold the Company harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Platform, any misrepresentation with respect to the data or information provided by You, Your violation of the Terms of Use, or Your violation of any rights of another, including any intellectual property rights. In no event shall the Company and its officers, partners, consultants, agents and employees, be liable to You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, arising out of or in connection with Your use of or access to the Platform or Content on the Platform. The limitations and exclusions in the Terms of Use apply to the maximum extent permitted by applicable laws.
You warrant that all the details and information provided by You to the Company while using this Platform (including for the purposes of carrying out investments) are correct, accurate and genuine. You further warrant that providing such details and information on the Platform or sharing of the aforesaid details/information shall not violate any third – party rights or the intellectual property right of any third party.
Eligibility to Use:By accepting the Terms of Use, You hereby represent that:
You are of 18 (eighteen) years of age or older
You are of legal age to form a binding contract, are not a person barred from receiving the Platform Services under the applicable laws and are competent to enter into a binding contract. The Company reserves the right to refuse access to the Platform to new Users and any such user who has been suspended or removed by the Company for any reason whatsoever shall not been entitled to avail the Platform Services; and
You agree to abide by the Terms of Use, offer documents, and Risk Disclosure documents and any other information provided by You on and through the Platform for the provision of the Platform Services;
the money You invest is from Your bank account (primary holder’s bank account in case of Investment Account held jointly), and the same is from legitimate sources and remitted through approved banking channels;
You are prohibited from selling, trading, or otherwise transferring Your Account to another party or impersonating any other person for the purposing of creating an account with the Platform.
User Account, Password and Security:
In order to access the Platform Services on the Platform and Your account on the Platform (“Account”), You will have to register on the Platform by providing details including but not limited to mobile number, email address, password, date of birth, gender, Permanent Account Number (PAN), etc. and other information as may be required by the Company from time to time. You will be responsible for maintaining the confidentiality of the Account information and are fully responsible for all activities that occur under Your Account and also agree to keep your login credentials safe and confidential at all times. You further agree to promptly change your login credentials and inform the Company immediately in case of any actual or suspected unauthorized use of Your Account. The Company cannot and will not be liable for any loss or damage arising from Your failure to comply with this provision. You may be held liable for losses incurred by the Company or any other user of or visitor to the Platform due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account information secure and confidential.
Violation of the Terms of Use:
You agree that any violation by You of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to the Company, as the case may be, for which monetary damages would be inadequate, and You consent to the Company obtaining any injunctive or equitable relief that they deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that the Company may have at law or in equity. If the Company takes any legal action against You as a result of Your violation of these Terms of Use, they will be entitled to recover from You, and You agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief that may be granted.
Suspension and Termination:
The Terms of Use will continue to apply until terminated by either You or the Company as set forth below. If You object to the Terms of Use or are dissatisfied with the Platform, your only recourse is to
(i) close Your Account on the Platform; and/or
(ii) stop accessing the Platform. In case you violate these Terms of Use and/ or any applicable law, the Company may, at any time and in its sole discretion, terminate Your Account and/or prevent You from accessing the Platform and/or Platform Services.The Company may delist You or block Your future access to the Platform or suspend or terminate your Account if it believes, in its sole and absolute discretion that You have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms of Use or anyway otherwise acted unethically. Notwithstanding anything in this clause, these Terms of Use will survive indefinitely unless and until the Company chooses to terminate them. If You or the Company terminate Your use of the Platform, the Company may delete any Content or other materials relating to Your and the Company shall have no liability to You or any third party for doing so. However, Your transaction details may be preserved by the Company for purposes of tax or regulatory compliance.The Company may modify these terms at any time.
Governing laws:The Terms of Use shall be governed and construed in accordance with the laws of India without reference to conflict of laws principles. All disputes arising in relation to shall be subject to the exclusive jurisdiction of court at Ahmedabad.Report Abuse:
In the event You come across any abuse or violation of these Terms of Use or if You become aware of any objectionable content on the Platform, please report the same to the following e-mail id: support@getspac.app
General Provisions:
Indemnification:
You agree to indemnify, save, and hold SPAC, its affiliates, employees, officers, directors and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to:
(i) Your use or misuse of the SPAC Services or of the SPAC Platform;
(ii) any violation by You of this Agreement; or
(iii) any breach of the representations, warranties, and covenants made by You herein. SPAC reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify SPAC, including rights to settle, and You agree to cooperate with SPAC's defense and settlement of these claims. SPAC will use reasonable efforts to notify You of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of this Agreement.
Notice:
All notices from the Company will be served by email to Your registered email address or by general notification on the Platform. Any notice provided to the Company pursuant to the Terms of Use should be sent to support@getspac.app.
Assignment:
You cannot assign or otherwise transfer the Terms of Use, or any rights granted hereunder to any third The Company’s rights under the Terms of Use are freely transferable by the Company to any third party without the requirement of seeking Your consent.
Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Terms of Use, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect.
Waiver:
Any failure by the Company to enforce or exercise any provision of the Terms of Use, or any related right, shall not constitute a waiver by the Company of that provision or right.For an issues or concerns, you can reach out on support@getspac.app
Transcorp (PPI) Terms of use
For PPI terms of use in Hindi, please click
here.
1. Definitions:
Semi-Closed Prepaid Instrument (PPIs): PPIs (Card/wallet) are payment instruments that facilitate purchase of goods and services,
including financial services etc. against the value stored on such instruments. No cash withdrawal will be allowed from these instruments. Know your Customer (KYC): The guidelines adopted by the Transcorp to identify the customer and verify the identity of the customer.
Personal Identification Number (PIN): PIN is a numeric password which is part of the kit handed over to customer by the Transcorp while issuing the PPI.
Holder/Customer: Individuals/Organizations who obtain/purchase PPIs from Transcorp and use the same for purchase of goods and services, including financial services, remittance facilities etc. against the value stored on such instruments.
Terms and Conditions for Gift Cards of semi-closed Prepaid Payment Instrument (PPI) Usage: Such PPIs can only be used for purchasing of goods and services and cannot be used for fund transfer.
Limit: One time amount loaded in such PPIs shall not exceed INR 10,000. It is a non-reloadable instrument.
Loading: These PPI can only be loaded from bank account. Cash loading is not permitted.
Up gradation: Such PPI cards cannot be upgraded to full KYC.
Closure: These PPIs can be closed any time by the holder by making a request to the company. The remaining amount (if any) of PPI will be transferred by the company back to source i.e. the bank account from where the PPI was loaded
Terms and Conditions for reloadable semi-closed Prepaid Payment Instrument (PPI) KYC Details to be obtained from client for issuance of such PPIs: As decided by company from time to time.
Usage: Such PPIs can only be used for purchasing of goods and services and cannot be used for fund transfer
Limit: The amount loaded in Min. KYC PPIs during any month shall not exceed INR 10,000 and the total amount loaded during the financial year
shall not exceed INR 120,000. The amount outstanding at any point of time in such PPIs shall not exceed INR 10,000.
Loading: These PPI can only be loaded from bank account. Cash loading is not permitted.
Up gradation: Min. KYC PPI can be upgraded to full KYC by completing the KYC process prescribed by the company at any time by furnishing the KYC documents. For Full KYC PPI card, outstanding limit will be INR 200,000 lac at any point in time and monthly limit will be as prescribed by the PPI issuer.
Closure: These PPIs can be closed any time by the holder by making a request to the company. The remining amount (if any) of PPI will be transferred by the company back to source i.e. the bank account from where the PPI was loaded.
2. Obligation of the Prepaid Customer who purchases Prepaid Instrument from the Transcorp:
a.
b. Prepaid Instrument (PPI) shall be issued to a Customer at the sole discretion of the Transcorp post complying with “Know Your Customer” guidelines.
c. Transcorp shall levy fees for issuance/usage of the Prepaid Instrument as per Schedule of Charges displayed on Transcorp/Partner/Associate website and available on website “Terms & Conditions”.
d. Transcorp shall issue a PIN to Customer for operating the PPI. The Customer shall take reasonable precaution to prevent misuse of the PIN. The Customer shall be solely responsible for any consequences arising directly or indirectly out of the disclosure of the PIN and/or unauthorized use of PPI as a result of any misuse for want of reasonable care and precaution. The Customer disclaims liability of the Transcorp for any unauthorized use of Prepaid Instrument and for any loss or damage incurred directly or indirectly as a result of such misuse. The liability in case of unauthorized usage will be governed by the Board approved policy of Transcorp applicable on unauthorized usage.
e. The Customer shall be responsible for safe custody of the Prepaid Instrument. In case of loss or theft of the Prepaid Instrument or misuse of the Instrument, the Customer shall immediately inform any of the branches /contact centre of Transcorp. Customer shall be responsible and liable for all unauthorized transactions till the customer reports the unauthorized transaction to Transcorp. A new Instrument shall be issued to the Customer, in lieu of lost/stolen PPI upon request in writing and payment of applicable fee as per the Schedule of Charges.
f. The PPI can be used at any permitted transactions depending on the type and features of the PPI. The records of transactions maintained by the Transcorp shall be conclusive and binding for all purpose.
g. Transcorp shall not pay any interest on the balance outstanding in the Prepaid Instrument at any point in time.
The customer requesting for issuance of any Transcorp PPI card , hereby confirms and declares his/her disassociation as a PEP(Politically
Exposed person).
h. The PPI issued by Transcorp will be valid up to a period of 4 Years (for gift card the validity period will be 1 year from the date of issuance) Transcorp will intimate the Customer through a SMS on the regd. mobile number, 45 days prior to expiry of validity period of the PPI. Customer needs to utilize the balance amount prior to expiry of the instrument. In case Customer does not utilize the balance amount within the validity period, the Customer can approach the Transcorp for refund/transfer of outstanding balance. In case the Customer does not approach the Transcorp within a specified period as prescribed by regulator, the outstanding balance will be transferred to a fund or otherwise in compliance with the regulatory guidelines.
i. Any claim for compensation made by the customer shall be settled purely as per the provisions of the Customer Grievance Policy of the Transcorp.
3. Confidentiality: The Customer hereto shall keep strictly confidential all information including but not limited to that which may be disclosed or confided to it by the other in the course of the performance of the obligations under this ‘“Terms and Conditions”’. Neither the Customer nor Transcorp shall disclose the same to any third party without prior approval of the other party. This clause shall survive the termination of PPI issued by Transcorp. The following are the exceptions to this clause: a. information already in public domain;
b. such information as is required to be disclosed by the disclosing party under any laws, rules or regulations or pursuant to the order or direction, of any Court, authority, tribunal or forum.
4. Change in information: The Customer shall also inform Transcorp/Partner/Associate of any change in the Customers mailing address. Further, the Customer shall also inform Transcorp about any change in the details such as name, telephone number, or mobile number.
5. Prohibition against assignment: The functions, rights or obligations under these ‘“Terms and Conditions”’ shall not be assigned or delegated to any party or person by the Customer without the express prior written consent of Transcorp. Any purported assignment or delegation in contravention of the terms of the ‘“Terms and Conditions”’ shall be null and void.
6. Suspension or Termination or Cancellation or discontinuance of the PPI: Transcorp may, if it is satisfied that it is necessary so to do, at any time and on such conditions as it thinks fit, suspend or deny or terminate the PPI under the following circumstances:
(i) In the event of the Customer being declared insolvent or in the event Transcorp receives any notice/intimation about the death of the Customer;
(ii) In the event of the Customer committing breach of any of the terms, conditions, stipulations or its obligations under these ‘“Terms and Conditions”’
(iii) In the event of any restriction imposed on the Customer by an order issued by any regulatory authority or a Court in India or any investigating agency.
7. Indemnity: The Customer shall indemnify and keep Transcorp, its directors, officers, employees and agents indemnified of, from and against any cost, expenses, charges, which Transcorp is required to incur or has incurred to defend any such claim, suit, demand, prosecution, proceedings, due to any act of omission or commission, fraud, negligence or default on the part of the Customer as a holder of the PPI.
8. Force Majeure: Notwithstanding anything contained herein, Transcorp shall not be liable to the Customer for any harm, loss, damage or injury caused due to causes beyond its control such as tide, storm, cyclone, flood, lightning, earthquake, fire, blast, explosion or any other act of God, war, rebellion, revolution, insurrection, embargo or sanction, blockade, riot, civil commotion, labour action or unrest including strike, lock-out or boycott, interruption or failure of any utility service, enemy action, criminal conspiracy, act of terrorism or vandalism, sabotage, hacking, unanticipated technological or natural interference or intrusion, loss or damage to satellites, loss of satellite linkage or any other data communications linkage, loss of connectivity or any other irresistible force or compulsion.
9. Service of Notice: Any notice or communication required to be given under this ‘“Terms and Conditions”’ shall not be binding unless the same is in writing and shall have been served by hand delivery against acknowledgement or by registered post at the Registere d Office address of Transcorp International Limited (in case a notice is to be served to Transcorp) and to address recorded with Transcorp in case notice is to be served to the Customer.
10. Grievance Redressal: Any complaint, dispute, grievance would be addressed to Transcorp in accordance with the Transcorp’s Grievance Redressal policy.
11. Governing Language: All deeds, documents and writings that may be executed and all correspondence that may be exchanged between the Customer and Transcorp hereto in relation to the subject matter of this ‘“Terms and Conditions”’ shall be in English language, which shall be the governing language between the Customer and Transcorp hereto.
12. Governing Law and Jurisdiction: The use of PPI by the Customer shall be governed in all respects by the laws in force in India. The Customer agrees to submit to the exclusive jurisdiction of the courts in Jaipur. These ‘“Terms and Conditions”’ shall be subject to Government notifications, any rules, regulations, guidelines and circulars/notices issued by Transcorp and rules, regulations, bye Laws, Operating Instructions and circulars/communiqués/notices issued by the regulator.
13. Change of “Terms and Conditions”: Transcorp reserves the right, in its sole and absolute discretion to amend, delete, modify, vary, or supplement any of the “Terms and Conditions” at any time.
14. Contact Centre details: In case of any queries, please call 7597182222. You can also write to cards@transcorpint.com. Details can be found on www.transcorpint.com/cards
15. Pleasereferexhaustive“TermsandConditions”displayedonwebsiteofTranscorpforthelatestcomprehensiveapplicable“Termsand Conditions”. The customer shall be deemed to have read and understood the exhaustive “Terms and Conditions” while dealing with Transcorp.
Please refer to the exhaustive Terms & Conditions for Transcorp Prepaid cards https://transcorpint.com/pdf/Exaustive-T&C-PPI.pdf
Governing laws
The Terms of Use shall be governed and construed in accordance with the laws of India without reference to conflict of laws principles. All disputes arising in relation to shall be subject to the exclusive jurisdiction of court at Bangalore.Report Abuse
In the event You come across any abuse or violation of these Terms of Use or if You become aware of any objectionable content on the Platform, please report the same to the following e-mail id: support@getspac.appCommunications:
You hereby expressly agree to receive communication (including transactional messages) or by way of SMS and/or E-mail or through WhatsApp from the Company or any third party in connection with the Platform Services or Your registration on the Platform. You can unsubscribe/ opt-out from receiving communications through e-mail anytime by writing to support@getspac.app
General Provisions
Notice:All notices from the Company will be served by email to Your registered email address or by general notification on the Platform. Any notice provided to the Company pursuant to the Terms of Use should be sent to support@getspac.app.Assignment: You cannot assign or otherwise transfer the Terms of Use, or any rights granted hereunder to any third The Company’s rights under the Terms of Use are freely transferable by the Company to any third party without the requirement of seeking Your consent.
Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Terms of Use, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect.
Waiver: Any failure by the Company to enforce or exercise any provision of the Terms of Use, or any related right, shall not constitute a waiver by the Company of that provision or right.For an issues or concerns, you can reach out on support@getspac.app
