End-User License Agreement
Last Updated: 21st October 2023
Please read this End-User License Agreement carefully before clicking the "I Agree" button, downloading or using Zupermoney.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of this End-User License Agreement:
- "Agreement" means this End-User License Agreement that forms the entire agreement between you and the Company regarding the use of the Application and Website.
- "Application" means the software program provided by the Company downloaded by you through an Application Store's account to a Device, named Zupermoney – UPI, AEPS, BBPS.
- "Application Store" means the digital distribution service operated and developed by Google Inc. (Google Play Store) by which the Application has been downloaded to your Device.
- "Company" (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Zupermoney.
- "Country" refers to: India.
- "Device" means any device that can access the Application such as a computer, a cellphone or a digital tablet.
- "Third-Party Services" means any services or content (including data, information, applications and other products services) provided by a third-party that may be displayed, included or made available by the Application and Website.
- "You" means the individual accessing or using the Application or the company, or other legal entity on behalf of which such individual is accessing or using the Application or Website, as applicable.
Acknowledgment
By clicking the "I Agree" button, downloading or using the Application or Website, You are agreeing to be bound by the terms and conditions of this Agreement. If you do not agree to the terms of this Agreement, do not click on the "I Agree" button, do not download or do not use the Application or Website.
This Agreement is a legal document between You and the Company and it governs your use of the Application or Website made available to You by the Company.
This Agreement is between You and the Company only and not with the Application Store or Any Search Engine. Therefore, the Company is solely responsible for the Application, Website and its content.
The Application is licensed, not sold, to You by the Company for use strictly in accordance with the terms of this Agreement.
License
Scope of License
The Company grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application and Website strictly in accordance with the terms of this Agreement.
You may only use the Application on a Device that You own or control and as permitted by the Application Store's terms and conditions.
The license that is granted to You by the Company is for your personal or commercial purposes strictly in accordance with the terms of this Agreement.
License Restrictions
You agree not to, and You will not permit others to:
- License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application and Website or make the Application and Website available to any third party.
- Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of the Company or its affiliates, partners, suppliers or the licensors of the Application and Website.
Intellectual Property
The Application and Website, including without limitation all copyrights, patents, trademarks, trade secrets and other intellectual property rights are, and shall remain, the sole and exclusive property of the Company.
The Company shall not be obligated to indemnify or defend You with respect to any third party claim arising out of or relating to the Application or Website.
Modifications to the Application & Website
The Company reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application Website or any service to which it connects, with or without notice and without liability to you.
Updates to the Application & Website
The Company may from time to time provide enhancements or improvements to the features/functionality of the Application and Website, which may include patches, bug fixes, updates, upgrades and other modifications.
Updates may modify or delete certain features and/or functionalities of the Application and Website. You agree that the Company has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Application and Website to You.
Maintenance and Support
The Company does not provide any maintenance or support for the download and use of the Application. To the extent that any maintenance or support is required by applicable law, the Company, not the Application Store, shall be obligated to furnish any such maintenance or support.
Third-Party Services
The Application and Website may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services.
You acknowledge and agree that the Company shall not be responsible for any Third-party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof.
Term and Termination
This Agreement shall remain in effect until terminated by You or the Company. The Company may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from the Company, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your Device or from your computer.
Upon termination of this Agreement, You shall cease all use of the Application and delete all copies of the Application from your Device.
Indemnification
You agree to indemnify and hold the Company and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the Application or Website; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.
No Warranties
The Application and Website is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application and Website, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Agreement.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Application/Website, third-party software and/or third-party hardware used with the Application/Website, or otherwise in connection with any provision of this Agreement), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Severability and Waiver
Severability
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Product Claims
The Company does not make any warranties concerning the Application and Website. To the extent You have any claim arising from or relating to your use of the Application, the Website, the Company, not the Application Store or Search Engines is responsible for addressing any such claims.
Court Orders / Regulatory Requirements
If we are notified of a court order or other legal process (including garnishment or any equivalent process) affecting you, or if we otherwise believe we are required to do so in order to comply with applicable law or regulatory requirements, we may be required to take certain actions, including holding payments, placing a reserve or limitation on your Zupermoney account, or releasing your funds.
When we implement a hold, reserve or limitation as a result of a court order, applicable law, regulatory requirement or other legal process, the hold, reserve or limitation may remain in place longer than 180 days.
Liability for Unauthorized Transactions
Protection from Unauthorized Transactions
To protect yourself from unauthorized activity in your Zupermoney account, you should regularly log into your Zupermoney account and review your Zupermoney account statement. Company will notify you of each transaction by sending an email to your primary email address on file.
What is an Unauthorized Transaction
An "Unauthorized Transaction" occurs when money is sent from your account that you did not authorize and that did not benefit you.
What is not considered an Unauthorized Transaction
The following are NOT considered Unauthorized Transactions:
- If you grant authority to someone to use your Zupermoney account (by giving them your login information) and they exceed the authority you gave them.
Other Legal Terms
Communications Between You and Us
If you provide us your mobile phone number, you agree that Company and its affiliates may contact you at that number using autodialed or pre-recorded message calls or text messages to: (i) service your Zupermoney accounts, (ii) investigate or prevent fraud, or (iii) collect a debt.
You understand and agree that, to the extent permitted by law, Company may, without further notice or warning, monitor or record telephone conversations you or anyone acting on your behalf has with Company or its agents for quality control and training purposes or for our own protection.
Zupermoney Rights
Zupermoney Payments suspension and termination rights
Zupermoney, in its sole discretion, reserves the right to suspend or terminate this user agreement, access to or use of its websites, software, systems (including any networks and servers used to provide any of the Zupermoney services) operated by us or on our behalf or some or all of the our services for any reason and at any time upon notice to you.
Security interest
As security for the performance of your obligations under this user agreement, you grant to Zupermoney a lien on, and security interest in and to, funds held in your Zupermoney account.
Agreement to Arbitrate
You and Zupermoney agree that any claim or dispute at law or equity that has arisen or may arise between you and us will be resolved by Arbitration under the rule of Indian Arbitration and Conciliation Act 1996.
Changes to this Agreement
The Company reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at the sole discretion of the Company.
By continuing to access or use the Application and Website after any revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, You are no longer authorized to use the Application and Website.
Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern this Agreement and your use of the Application. Your use of the Application may also be subject to other local, state, national, or international laws.
Non-Refundable Policy
Once a user subscribe for our services as per the payment term and later on if user wants to un-subscribe for our services the subscription charge will be not refundable.
Entire Agreement
The Agreement constitutes the entire agreement between You and the Company regarding your use of the Application, website and supersedes all prior and contemporaneous written or oral agreements between You and the Company.
You may be subject to additional terms and conditions that apply when You use or purchase other Company's services, which the Company will provide to You at the time of such use or purchase.
Contact Us
If you have any questions about this Agreement, You can contact Us:
By sending us an email supportzupermoney@gmail.com or By calling us on: +91 9902456639.
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