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Terms & Conditions

By continuing to use the Website and the Apps (the “Platform”) through which the Services described below are made available, you agree to be bound by the terms and conditions (“Terms”) set out below, which form a legal agreement between the Company and you. Please read the Terms carefully. If you do not agree to the Terms in their entirety, please do not use or access the Platform.

 

Definitions

“Apps” shall mean the mobile applications created, developed, and designed by the Company, and made available through online stores including the Windows Store, Google Play Store, iOS App Store, and such other stores or portals through which the Platform is made available to you;

“Lending Partner(s)” shall mean the banks or non-banking financial companies with whom the Company has an arrangement to offer, sanction, process, and grant the Loan through the Platform to you;

“Company” shall mean Kyvu India Private Limited;

"Customer" or "you" shall mean any person who accesses, uses, installs, or views the Platform;

“Loan” shall mean the credit facilities applied for by the Customer through the Platform, which is sanctioned, processed, and granted by the Lending Partner subject to the terms of the Loan Agreement and the policies of the Lending Partner, as applicable;

"Loan Agreement" shall mean the agreement to be executed between the Lending Partner and you in respect of the Loan;

"Outstanding Amount(s)" shall mean the Loan, interests and charges applicable, due and payable by you on the relevant due date(s) to the Lending Partner;

“Services” shall mean the services of granting, processing, sanctioning, and lending of the Loan by the Lending Partner, through the Platform;

"User Data" shall mean any personal and/or sensitive data, information, user transaction data (including data relating to any transactions or series of transactions carried out by you or on your behalf), salary and payroll data, or other documents submitted by you or on your behalf to the Company, prior to or in the course of the use of the Services, or otherwise gathered during the course of your use of the Services, and includes, but not limited to Aadhaar number and information (from you and/or from the Central Identities Data Repository), PAN card information, third party credit bureau reports, salary slips, expenditure and transaction-related data, debit or credit card information, images (uploaded by you), a copy of the Loan Agreement and addendums, if any, and other financial and credit information relating to you, including but not limited to bank details, account information and other details.

"Website" shall mean www.kyvuindia.com, developed, designed, and operated by the Company for the provision of Services.

 

Services

  1. The Company uses and operates the Platform for the purpose of offering the Services to its Customers, including the ability to make an application to the Lending Partner for availing the Loan;

  2. The granting of the Loan shall be at the discretion and subject to the processing of your application by the Lending Partner, including without limitation meeting the criteria and such other conditions as may be applicable from time to time;

  3. The Company, while providing the Services, will act on your express instructions, and any transactions carried out on your behalf shall be subject to your sole consent, discretion and responsibility;

  4. In order to offer the Services to you, you may be required to create a user profile on the Platform and provide personal and financial information, including but not limited to name, email address, gender, date of birth, contact information, bank details and documents, PAN card, and other information including User Data. You acknowledge that providing such information is necessary for the use of the Services, and agree that such information shall be accurate and complete, failing which the Company may cancel or refuse any part of the Services offered to you. In order to provide the Services, the Company may be required to collect, store and process data, available through the registries and repositories maintained under applicable law (including by UIDAI, CIBIL, etc.), for the purpose of assessing compliance with the Prevention of Money Laundering Act, 2002 and the KYC Master Directions, 2016, and other laws as may be applicable from time to time, and may require you to complete and submit certain physical and/or electronic forms, documents, and necessary information. You hereby grant your express authorisation to the Company to access, collect, store, and use such data for providing the Services;

  5. The Company, on behalf of its Lending Partner, is required to collect User Data, in accordance with the Company’s Privacy Policy available for viewing in the section on this website labeled "privacy policy" ( https://www.kyvuindia.com/privacy-policy) and the policies of the Lending Partner as applicable from time to time;

  6. Neither the Company nor the Lending Partner shall be required to provide the Services or grant the Loan without being satisfied as to the completeness, accuracy, and sufficiency of the information provided by you;

  7. The Company shall not be liable or responsible for any actual or threatened losses, damages, expenses, disputes or otherwise any claims made in respect of the use or misuse of the Services by you, and the Company shall be entitled to cancel or refuse to offer the Services to you without any notice or obligation to provide reasons;

  8. The efficiency and confidentiality of the information provided by you shall always be subject to the software and hardware used by you, including the capability of your electronic device, internet connection, and such other specifications or features which may be relevant for or ancillary to accessing the Platform and availing the Services;

  9. By accessing the Services through the Platform, you represent that you are competent to contract with the Company and the Lending Partner;

  10. The availability of the Platform and the Services will be subject to any fixes or updates that the Company or the Lending Partner may find necessary to make, and you acknowledge that the Company shall not be liable in any manner whatsoever towards any damages, losses or other claims which may be threatened or incurred as a result;

  11. The Company may amend these Terms, the Privacy Policy or such other terms as it deems necessary from time to time, and you acknowledge and understand that your continued access to the Platform and use of the Services shall be subject to such terms as may be made applicable from time to time.

 

Restrictions

Access to the Platform and use of the Services shall always be subject to the following restrictions, failing which the Company may take any action it deems necessary at its sole discretion:

  1. You agree not to attempt to reverse-engineer, disseminate, copy, exploit, or represent yourself as an agent or reseller of the Platform and the Services, or any part thereof;

  2. You agree not to misrepresent yourself as or impersonate any other person, or otherwise cause harm to any person;

  3. You agree not to upload or transmit any vulgar, obscene, abusive, defamatory, libellous, invasive, or unlawful content, including content which is objectionable or results in a breach of privacy of any other person;

  4. You agree not to use or abuse the Platform for or in relation to any illegal or unlawful purposes including fraud, embezzlement, money laundering, etc.;

  5. You agree not to carry out or facilitate any actions which result in a detrimental effect on the Platform or the Services, including DDoS attacks, data security breaches, or otherwise any disruption to the servers, hardware, or network of any other person or the Platform or the Services;

  6. You agree that the Company shall be the sole and exclusive owner of the intellectual property and any proprietary information made available or accessible through the Platform or the Services;

  7. You agree not to violate any applicable laws, whether or not intended by you;

  8. You represent and warrant that you possess the legal right and ability to enter into these Terms and to use the Platform and the Services in accordance with these Terms.

Kyvu DeFi Program

  1. “NFT and/or DeFi” shall mean any Non-Fungible Token (NFT) used for any purpose and/or any digital currency that uses peer to peer technology to facilitate payments.

  2. “NFT” is an asset on a public blockchain with unique identification codes and metadata.

  3. “Kyvu NFT Marketplace” is a peer-to-peer service that enables you to explore NFTs available on public blockchains. The granting of the creation or purchase of an NFT shall be at the discretion and subject to the processing of your application by OpenSea, owned by Ozone Networks, Inc. at https://opensea.io/ ("Opensea”) , including without limitation meeting the criteria and such other conditions as may be applicable from time to time.

  4. Kyvu NFT Marketplace has no affiliation with OpenSea and the Company makes no representations or guarantees for them in any way or in any way acts as an agent or related party to them. All users are strongly encouraged to review the materials OpenSea provides on their website including the terms of service and privacy policy or to contact them directly for any matters associated with their products or services. The Company shall not be held liable for any damages, losses (direct or indirect) whatsoever, due to disruption or non-availability of any of products or services provided by Opensea.

  5. By accepting these Terms, you acknowledge that the price of NFT and/or DeFi is volatile in nature and that the Company shall not be held liable for any erosion in the value of or for any misuse of the NFT and/or DeFi.

  6. You hereby acknowledge that the Company shall not be liable to You or to any third party for any modification, suspension, or termination of the Kyvu NFT & DeFi Program. If you are dissatisfied with any aspect of the Kyvu NFT & DeFi Program at any time, your sole and exclusive remedy is to cease participating in the Kyvu NFT & DeFi Program. Upon any termination of the Kyvu NFT & DeFi Program, your right to use and access the Kyvu NFT & DeFi Program and to receive fiat currency or any other reward, will terminate.

  7. In addition, the Company intends to in the future offer loans based on the evaluation of NFT and/or other DeFi Assets as well as loans which may possibly be represented by NFT and/or DeFi Assets including but not limited to NFT and/or DeFi backed assets or tokens.These services will be undertaken in accordance with applicable laws. In light of the services that the Company intends to offer, you are requested to provide us with information on the status of your NFT and/or DeFi Assets. The status and information provided by you by uploading the data and clicking the submit function below, and any transactions that we may permit based on such information will be subject to our Terms & Conditions (https://www.kyvuindia.com/terms-conditions) and Privacy Policy (https://www.kyvuindia.com/privacy-policy), as amended from time to time

  8. By accepting these terms, you acknowledge that the Company shall not be held liable for any erosion in the value of or for the misuse of any assets held in your MetaMask wallet (https://metamask.io/) or any other decentralized or centralized wallet including but not limited to MetaMask (owned by Consenys Software Inc.). You also acknowledge that Kyvu shall have access to your MetaMask wallet or any other decentralized or centralized wallet for informational purposes that you provide access to in accordance with applicable laws.

Kyvu Rewards

  1. We may offer a promotional and reward program ("Kyvu Rewards Program") whereby the Customer can earn fiat currency as you avail of Products and/or Services on the Platform in accordance with the terms and conditions set out therein. For a limited period of time, as determined by Kyvu, you may be eligible to receive fiat currency as promotional rewards when you avail of Products and/or Services on the Platform in accordance with the terms and conditions set out therein. Such eligibility shall be exclusively determined by Kyvu and may be modified, changed or withdrawn at Kyvu’s sole discretion. None of the terms and conditions set out herein entitle you to, or make us obliged to provide any rewards to you.

  2. The amount of fiat currency that a Customer is rewarded shall be based on the loan availed or the amount spent by the Customer for each purchase. The fiat currency which we determine is to be rewarded may be credited in your favour within 90 days from the date on which your eligibility is determined, from time to time, by us.

  3. You hereby acknowledge that the Company shall not be liable to You or to any third party for any modification, suspension, or termination of the Kyvu Rewards Program. If you are dissatisfied with any aspect of the Rewards Program at any time, your sole and exclusive remedy is to cease participating in the Kyvu Rewards Program. Upon any termination of the Rewards Program, your right to use and access the Kyvu Rewards Program and to receive fiat currency or any other reward, will terminate.

Miscellaneous

  1. In order to provide the Services and access to the Platform, the Company will be required to create a user profile that may be linked to third-party platforms as may be necessary or requested by you subject to verification. The registration of the user profile shall require the Company to retain certain User Data for providing a safe and efficient user experience;

  2. The Company does not provide any warranty, express or implied, for the accuracy or completeness of the Platform or the Services, and expressly disclaims any liability for any errors or omissions;

  3. The use of the Platform and the Services is at your own risk and consequence. In no event shall the Company or the Lending Partner be held liable for any damages or claims whatsoever in connection with any inaccuracy, error, failure, omission, delay or otherwise;

  4. The Privacy Policy shall be read to form a part of these Terms;

  5. You agree to place a request to Apollo Finvest India Limited and Karza Technologies Private Limited (“Karza” Technologies Private Limited ) to access your Aadhaar Information from UIDAI;

  6. You explicitly authorise Apollo Finvest India Limited and Karza to fetch your Aadhaar Information from UIDAI to make it available to Apollo Finvest India Limited  and/or any third party, as may be required for availing loan facility;

  7. You agree to take all the necessary actions required for the purpose of authenticating and verifying your Aadhaar Information;

  8. You agree that the Consent has been submitted by you voluntarily;

  9. You fully understand and accept sole and complete responsibility for any issues, legal suits, damages, losses, penalties, fines or liabilities (“Losses”) arising out of your sharing of Aadhaar Information and authorising Apollo Finvest India Limited or Karza for fetching your Aadhaar Information and that you will fully hold harmless Apollo Finvest India Limited and Karza, its representatives, employees and directors for any Losses arising out of such request and actions;

  10. You explicitly authorise Apollo Finvest India Limited to fetch your credit report to make it available to Apollo Finvest India Limited as may be required for availing loan facility.

  11. These Terms shall be governed by and under the laws of India, and shall be subject to the exclusive jurisdiction and venue of the High Court of Delhi. Any failure or delay by the Company to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any part of the Terms is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect. You agree that regardless of any statutory period of limitation, any claim shall be filed within one (1) year after the relevant cause of action arose;

  12. The Company shall be absolutely entitled to terminate your use of the Platform and the Services in the event of any breach of these Terms by you, or otherwise any event which gives rise to any reason for the Company to discontinue offering of the Platform or Services to you, without any notice or obligations whatsoever;

  13. HELP / GRIEVANCE REDRESSAL: In case of any grievances, help, queries or concerns in respect of these Terms, you may write to Kyvu Nodal officer J. Kaur at welcome@kyvuindia.com or call at 011 7127 9670. Furthermore, Apollo Finvest Nodal Officer is Jasdeep Juneja and is reachable at grievanceredressal@apollofinvest.com or by phone at 022-62231667/68 or 91 7715912289. https://sachet.rbi.org.in/

 

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