Terms & conditions
GET SIMPL TECHNOLOGIES PRIVATE LIMITED is a private company registered under the Companies Act, 2013 having its registered office at Unit Nos. 809, 810 & 811, 8th Floor, Crescent Buss Park, Samitha Complex, Sakinaka Tel Ex Lane, Safed Pul, Sakinaka Mumbai, Maharashtra, India (hereinafter referred to as “Simpl”) and is the owner of this website located at the URL www.getsimpl.com ("Website").
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000.
These terms and conditions (“User Terms”) apply on the usage of our Website, Service and to all information, recommendations and/or services provided to you on or through the Website and/or through the Customer Care (“CC”) at email@example.com
The term “You/Your” refers to the User of the Service, Website and the CC.
- “Applicable Law” shall mean any statute, law, regulation, ordinance, rule, judgment, order, decree, by-law, approval from the concerned authority, government resolution, order, directive, guideline, policy, requirement, or other governmental restriction or any similar form of decision of, or determination by, or any interpretation or adjudication having the force of law of any of the foregoing, by any concerned authority having jurisdiction over the matter in question;
- “Service” shall mean the technology platform and program provided by Simpl for enabling the Users to carry out checkout transaction processing at Merchant websites and mobile based applications and providing the Users invoicing services and payment management systems;
- “Products” shall mean goods and / or services on offered by the Merchants on Merchant’s websites, e-commerce websites and mobile based applications;
- “User” shall mean any individual, business entity / organization or any other body corporate that legally operates in India and is the end-user of the Service;
- “Merchant(s)” shall mean third party, independent merchants / sellers.
- Simpl offers the Service as an enabling platform for a User to connect with Merchants providing Services and facilitating payment for such Services through its online platform.
- Simpl shall use reasonable efforts to facilitate your transaction with a Merchant in order to obtain Products, subject to the availability of Products with the Merchant.
- By using the Website, Service and/or the CC you hereby acknowledge that Simpl is not a Merchant. Simpl only acts an intermediary between you and Merchant.
- For the avoidance of any doubt, Simpl itself does not provide Products and Simpl is not a provider of Products. It is up to the Merchant to offer Products, which may be requested by the User through the use of the Merchant’s online technology platforms, apps or websites. Simpl only acts as intermediary between you and the Merchant. The provision of the Products by the Merchant to you and any liability therefrom, including for any Product loss or damage or non-receipt of the Product by you is therefore subject to the terms and conditions agreed(or to be agreed to) between you and the Merchant. Simpl is not privy to such agreement and shall not be held liable for any loss, damage or non-receipt of any Product. For the sake of clarity, even if you are dissatisfied with the Product, do not receive the Product from the Merchant or receive a damaged Product, You shall still be liable to pay Simpl, if Simpl has made the payment to the Merchant as per Your instructions.
- Simpl does not at any point of time during any transaction between User and Merchant, take the ownership of any of Products nor does it at any point assert any rights or claims over the Products offered by Merchant to User.
- Simpl shall not be responsible or liable for any loss or damage, howsoever caused or suffered by the User arising out of the use Products offered by Merchant or due to the failure of Merchant to provide Product to the Users for any reason whatsoever whether or not beyond the control of Simpl or any person or any organization involved in the above mentioned systems. However, Simpl encourages Users to notify any complaints that User may have against any Merchant or Financial Partner at the contact details given below.
- For enabling the Service, Simpl may partner with one or more banks or financial institutions (“Financial Partner”). Users agree to abide by any terms and conditions which such Financial Partner may specify.
- Simpl shall collect and hold all documents, writings, agreements, cheques, drafts, other instruments received from the Users including without limitation postdated cheques, demand promissory notes, correspondence and records relating to the payments for the Products, in trust and as agent for the Financial Partner or the Merchant, as the case may be.
- Simpl shall maintain necessary records in respect of the transactions entered into by the User with the Merchants and the amounts due in respect of Products and the User agrees to sharing of such records by Simpl with the Financial Partner or the Merchant in order to facilitate the Service. The User agrees that such records as maintained by Simpl shall be sufficient proof of the transactions entered into between the User and Merchants and the amounts due thereto, which the User shall not dispute.
- Users as approved by Simpl, shall have the right to use the Service provided by Simpl.
- The Service is available only to Users who can form legally binding contracts under the Applicable Law.
- User must not be a minor as per Applicable Law i.e. User must be at least 18 years of age to be eligible to use our Service.
- Simpl advises its Users that while accessing the Website, Service or CC, they must follow and abide by the Applicable Laws. Simpl at all the times reserves the right to deny Service to any User.
User accounts, offers and promotions
- It is assumed that all information provided by the User for signing up on the Website is correct and accurate. Misuse and misrepresentation of any information provided by the User will lead to automated termination of Service with respect to the User without prior notice to such User.
- User account bearing details provided by the User are created and owned by Simpl. Any promotional discounts, offers and reward points accumulated or likes of such provided by the Merchants can be revoked without prior notice in the event of suspicious account activity or mala fide intent/conduct of the User. In the case where the system is unable to establish unique identity of the User against the details provided to Simpl, the account of such User shall be indefinitely suspended. Simpl reserves the full discretion to suspend a User's account in the above event.
- Users are advised to provide accurate information to Simpl. Simpl can verify the information that Users have provided and choose to refuse the Service or use of the Website without providing reasons.
By using the Website You agree not to:
- authorize others to use your account, or disclose your account details to any third party;
- assign or otherwise transfer Your account to any third person or legal entity;
- use the Service or Website for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes;
- use the Service or Website to cause nuisance, annoyance or inconvenience;
- impair the proper operation of the network and/or interfere with or disrupt the integrity or performance of the Website or Service;
- reverse engineer or access the Service or Website in order to design or build a competitive product or service, design or build a product using similar ideas, features, functions or graphics of the Website or copy any ideas, features, functions or graphics of the Website;
- launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Website or Service;
- try to harm the Service or Website in any way whatsoever; or
- copy or distribute the any portion of the code, text, graphics, images, videos or any other data available on or comprising of the Service or Website or other such Simpl content without written permission from Simpl.
- Users availing the Service shall be entitled to purchase Products from the Merchants within the monetary limits set by Simpl. Simpl reserves the right to vary such monetary limits applicable to each User.
- While using the Service, the User by clicking on the “Simpl Checkout” button or any other similar button as provided under the Service on Merchant’s website, e-commerce website and mobile based application, shall effectuate the transaction vis-à-vis the Merchant or the Merchant and Financial Partner as the case may be and the transaction shall be deemed to be complete.
User shall make payments for the purchases made via Service in the following manner:
a) For purchases made between the 1st and 15th of a calendar month, the payment will be made by the 16th of that month;
b) For purchases made between the 16th and 30th/31st of a calendar month, the payment will be made by the 1st of the following month
- Simpl shall notify the User on the due dates of payment regarding the details of payments due. User agrees to the sufficiency of such notification and agrees to make the payments due forthwith upon such notification.
- Users shall be entitled to make payments for the Products purchased through NEFT, ECS/NACH and Debit Card payment options. Users may also make payments through Credit Cards by connecting with CC for enabling such payment option.
- In the event of non-payment by the User, Simpl shall notify the user accordingly and grant an allowance period of upto 7 (seven) days from the due date of payment. Simpl shall allow only 2 (two) such instances of non-payment and consequent grant of allowance period in a year to the User.
- In the event of User not being provided notice of non-payment of due for reasons attributable to the User or the User not adhering to the provisions of Clause 5.3(iii), Simpl shall impose a fine of Rs 250 (Rupees Two Hundred and Fifty Only) per billing cycle on the User. Simpl reserves the right to vary such fine or impose any other fine in addition to or in replacement thereof.
- If the User does not pay the amounts due for 3 consecutive billing cycles, Simpl shall suspend the account of the User and notify the Merchants regarding such suspension of User’s account. User agrees to the sharing of such information with the Merchants by Simpl.
- Simpl shall not be liable for any hacking or unauthorised use of the Website.
User further represents that the User:
- has understood the User Terms for Website usage and the Service;
- shall use the Service for personal purpose only (applicable in case of individuals);
- shall use an access point or 3G/4G data account which the User is authorized to use;
- being a business entity, organisations or a body corporate, shall use the Services for authorised purpose only;
- shall keep account information confidential or any other identification provided by Simpl which allows access to the Service and the Website;
- shall provide proof of identity/address reasonably requested by Simpl; and
- comply with all Applicable Law while using the Website and the Service.
- Simpl reserves the right to immediately terminate the Service and the use of the Website should you not comply with any of the above rules.
Disclaimer of warrenties
- YOU AGREE THAT YOUR USE OF THE WEBSITE AND THE SERVICE SHALL BE AT YOUR SOLE RISK. YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING IN THE COURSE OF DEALING OR USAGE OF TRADE. SIMPL, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, DO NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE AND THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOICE; THAT THE WEBSITE AND THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEBSITE AND THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE NOT TO HOLD SIMPL LIABLE FOR ANY LOSS SUFFERED BY YOU BASED ON YOUR RELIANCE ON OR USE OF THE WEBSITE, THE SERVICE, OR ANY LOSS THAT MAY ARISE DUE TO DELAYS OR INTERRUPTIONS IN THE DELIVERY OF CONTENT FOR ANY REASON.
Limitation of liability
- YOU ASSUME THE ENTIRE RISK OF USING THE WEBSITE AND THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SIMPL BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES OF LOSS OF GOODS OR SERVICES, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF, OR INABILITY TO USE OR ACCESS OF THE WEBSITE OR THE SERVICE OR FOR ANY SECURITY BREACH OR ANY VIRUS, BUG, UNAUTHORISED INTERVENTION, DEFECT, OR TECHNICAL MALFUNCTIONING OF THE WEBSITE, WHETHER OR NOT FORESEEABLE AND WHETHER OR NOT SIMPL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT, OF OR IN CONNECTION WITH, YOUR USE OF, OR ACCESS TO, THE WEBSITE OR THE SERVICES. FURTHER, SIMPL SHALL NOT BE LIABLE TO YOU FOR ANY TEMPORARY DISABLEMENT, PERMANENT DISCONTINUANCE OF THE SERVICES BY SIMPL OR FOR ANY CONSEQUENCES RESULTING FROM SUCH ACTIONS.
Amendment to user terms
- These User Terms, along with the entire Website policies, as amended from time to time, shall constitute the entire agreement between you and Simpl with respect to the use of Website and the Service. You are advised to revisit the User Terms from time to time to review any changes to the User Terms. Your continued use of the Website shall indicate your acceptance of the revised User Terms, if any.
Intellectual property rights
- Simpl is the sole owner or lawful licensee of all the rights to the Website and its content. Website content means the design, layout, text, images, graphics, sound, video etc. on the Website. The website content embodies trade secrets and intellectual property rights protected under worldwide copyright and other Applicable Laws. All title, ownership and intellectual property rights in the Website and its content shall remain with Simpl, its affiliates or licensors of Simpl content, as the case may be.
- These User Terms do not convey to User any rights of ownership in or related to the Website, or any intellectual property rights owned by Simpl.
- All rights not explicitly claimed under these User Terms by Simpl are hereby reserved. The information provided on this Website is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use. Simpl does not represent or endorse the accuracy or reliability of any information, or advertisements contained on, distributed through, or linked, downloaded or accessed from any of the Services contained on this Website, or the quality of any products, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Services provided through the online technology platform.
- All content on the Website and Service is the copyright of Simpl except the third party content and any link to third party website on our Website.
- Any systematic retrieval of Simpl content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from Simpl is prohibited.
- In addition, use of the content for any purpose not expressly permitted in this agreement is prohibited and may invite legal action. As a condition to Your access to and use of Simpl's Service, You agree that You will not use the Website and/or Service to infringe the intellectual property rights of others in any way. Simpl reserves the right to terminate a User account upon any infringement of the rights of others in conjunction with use of Simpl’s Service, or if Simpl believes that User’s conduct is harmful to the interests of Simpl, its affiliates, or other Users, or for any other reason in Simpl's sole discretion, with or without cause.
- INDEMNIFICATION User agrees to indemnify and keep Simpl, its affiliates, and their respective officers, directors, employees and agents, and licensors indemnified against all costs, expenses, damages, losses and liabilities incurred or suffered by Simpl or its affiliated companies arising out of the use of the Website or Service by the User or any unauthorised use of the Website or Service in contravention of this User Terms.
Consent to electronic communications and transactions
Choice of law and dispute resolution
- These User Terms shall be governed by, and construed in accordance with, the laws of India. The parties agree that the courts of Mumbai shall have exclusive jurisdiction over any dispute arising from or relating to the User Terms and/or the Website. You expressly consent to the personal jurisdiction of said courts and waive any objection to such personal jurisdiction based on forum non conveniens or any other basis.
- Please send any questions or comments regarding this Website to firstname.lastname@example.org.
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