User terms & conditions

Definitions

"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 technology platform provided by Simpl that allows Merchants to offer a differentiated, hassle free buying experience to eligible Users including a tab offered by the Merchants to the Users;

"Products" shall mean goods and /or services offered by or through the Merchants on Merchant’s shop, website, e-commerce website and mobile based application;

"User" shall mean any individual or entity as approved by Simpl;

Consent to accept terms of this agreement

By clicking on the tab/button/ checkbox of “Simpl Buy” or “Order with Simpl” or “Simpl Pay in 3” or any other button/checkbox of similar nature, (i) you confirm that eligible under Applicable Law to contract with Simpl, (ii) you consent to conduct transactions, accept the terms and conditions of this Agreement and the Privacy Policy as displayed on the Website and (iii) you consent to receive communications, notices and information from us through post or other physical medium or electronically (whether through SMS, emails, phone calls and automated phone calls).

Electronic communications shall be deemed to have been received by you when we send the electronic communication to the email address / mobile number / details provided by You during the sign-up process as per our records, or when we post the electronic communication on the Website.

The service

Simpl offers a technology platform on www.getsimpl.com andat merchant shop, website and mobile based application.

Simpl’s technology platform enables Users to avail a taboffered by third party merchants at their shops, websites and mobileapplications ("Merchant") for transactions made with or through suchMerchant.

Simpl shall procure reasonable efforts to facilitate yourtransaction with a Merchant.

By using the Website, and/or the Service, you herebyacknowledge that Simpl is not a Merchant. Simpl only facilitates the provisionof a tab and a hassle-free buying experience by the Merchant.

For the avoidance of any doubt, it is hereby clarified that,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 through theMerchant’s shop, website or mobile application. Similarly, any buy now paylater solution offered using Simpl’s technology platform is not a creditfacility offered by Simpl. It is an operational credit / trade credit facilityoffered by the Merchant directly to the User using Simpl’s technology platform.

The provision of the Products or the operational credit /buy now pay later facility by the Merchant to you and any liability therefromis therefore subject to the agreement (to be) entered into between you and theMerchant. Simpl is not privy to such agreement, except for the terms expresslycontained in these terms of use.

Simpl does not at any point of time during any transactionbetween User and Merchant, take the ownership of any of Products nor does it atany point assert any rights or claims over the Products offered or operationalcredit facilities offered by the Merchant to Users.

Simpl shall collect and hold all payments received from theUsers towards their payments due to merchants, including without limitation,post-dated cheques, demand promissory notes, correspondence and recordsrelating to the payments for the Products, in trust and as an agent for theMerchant.

Simpl shall maintain necessary records in respect of thetransactions entered into by the User with the Merchants and amounts due inrespect of Products and the User agrees to sharing of such records by Simplwith the Merchant in order to facilitate the Service. The User agrees that suchrecords as maintained by Simpl shall be sufficient proof of the transactionsentered into between the User and Merchants and the amounts due thereto, whichthe User shall not dispute.

Simpl reserves the right to change the nature of Servicesfrom time to time without any prior notice.

User acknowledges and agrees that Simpl may stop(permanently or temporarily) providing the Services (or any features within theServices) to you or to users generally at Simpl’s sole discretion, without prior notice to you.

User eligibility

Users selected by Simpl and approved by Merchants shall havethe right to use the Service provided by Simpl.

The Service is available only to User who can form legallybinding contracts under the Applicable Law.

User must not be a minor as per Applicable Law i.e. Usermust be at least 18 years of age to be eligible to use our Service.

Simpl advises its Users that while accessing the Website,Service they must follow and abide by the Applicable Laws. Simpl at all thetimes reserves the right to deny the Service.

User Accounts, Offers And Promotions

Simpl collects general user data including name, email-id, address, contact details etc. to facilitate Services by creating an account of the User on the Website in accordance with Applicable Laws. Simpl also collects relevant user data from the Merchants to facilitate the Service efficiently. The collection, verification, audit and maintenance of correct and updated User information is a continuous process and Simpl reserves the right, at any time, to take steps necessary to ensure User’s compliance with all relevant and applicable KYC requirements, if any.

It is assumed that all information provided by the User for signing up on the Website is correct accurate and up to date. Simpl can verify the information that User have provided and choose to refuse the Service or use of the Website without providing reasons. Also, Simpl reserves the right to terminate its Services on account of misuse and misrepresentation of any information provided by the User will lead to automated termination of Service without any 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 malafide 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 shall be indefinitely suspended. Simpl reserves the full discretion to suspend a User's account in the above event and does not have the liability to share any account information whatsoever.

Simpl Rewards Program

Simpl rewards program has been discontinued in its entirety with effect from May 15th, 2024. No new reward points shall be issued / accrue after the above date. Users may manually redeem their existing reward points against existing redemption offers provided by Simpl, on or prior to May 31st, 2024. All accrued and unredeemed Reward Points shall stand automatically cancelled on June 1st, 2024.

Simpl reserves the right to make any further modifications to the above terms at any time and at its sole discretion, without any prior notice to Users.

Usage conditions

Users agree to use the Services only for purposes that are permitted by a) the User Terms and b) any Applicable Laws as amended from time to time for the time being in force.

By using the Website You agree not to:

• authorize others to use your account;
• 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;
• use the Service or Website with an incompatible or unauthorized device
• 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;
• disclose information designated as confidential by Simpl, without Simpl’s prior written consent; and
• copy or distribute the Service or Website or other Simpl content without written permission from Simpl.

You are solely responsible for any breach of your obligations under this agreement (including financial obligations) and for the consequences (including any loss or damage which Simpl may suffer) of any such breach.

Payment conditions

• 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 shop, website, e-commerce website and mobile based application, shall have effected a transaction whereby the User agrees that the amounts due under such transaction may be recovered by Simpl on behalf of the Merchant by Simpl. The User shall not contest to right of Simpl to recover such amounts on behalf of the Merchant. Upon payment of such amounts to Simpl, the User shall not have any liability to the Merchant in respect of such amounts paid to Simpl.

• A Simpl bill is generated every fifteen (15) days depending on your bill generation cycle. Your Simpl bill becomes due and payable immediately upon bill generation and You get a grace period of three (3) days from Your bill generation date to repay Your bill (“Grace Period”).
• In case of Pay in 3 (staggered payment option provided by the Merchant), Users shall make payments in the following manner:
  • If your purchase is made between the 1st and 20th of the month -
    • The first instalment is paid at the time of purchase;
    • The second instalment will be due by the last day of current month; and
    • The third instalment will be due by the last day of the following month.
  • And if your purchase is made between the 21st and the end of the month (30th/31st) -
    • The first instalment is paid at the time of purchase.
    • The second instalment will be due by the last day of the following month; and
    • The third instalment will be due by the last date of the subsequent month.
• The Grace Period (3 days from the due date) shall remain the same for Pay in 3 transactions as well.

Example:

• If you make a purchase using ‘Pay in 3’ on 18^th August, your payment schedule will look like this:
• First instalment: 18^th August (day of purchase);
• Second instalment: Due by 31^st August and Grace Period expires on 3^rd September; and
• Third instalment: Due by 30^th September and Grace Period expires on 3^rd October.
  

• If you make a purchase using ‘Pay in 3’ on August 25th, your payment schedule will be:
• First instalment: 25^th August 25th (day of purchase)
• Second instalment: Due by 30^th September and Grace Period expires on 3^rd October; and
• Third instalment: Due by 31^st October and Grace Period expires on 3^rd November.
• In case You breach the T&Cs and fail to pay Your Simpl bill prior to expiry of your Grace Period, You will be liable to pay Penalty and Reactivation Fees, as applicable. For example, if Your Simpl bill is generated on 1^st October, and your Grace Period is three (3) days, a Penalty will be levied if you don’t pay Your bill on or before 4^th October.
• Details on Your Penalty, Reactivation Fees, etc are provided here - https://my.getsimpl.com/help/category/?subcat=false&id=1070000093010

• Simpl or its representatives may notify (including by means of post, emails, SMS, phone calls, automated phone calls) the User at any time (including on and after 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 and can also opt for recurring payments for the Products purchased via Service to Simpl through UPI, Credit Card, Debit Card and eNach (authenticated through Net Banking or Debit Card) for amounts which are due. Acceptance of recurring transactions shall be in accordance with the applicable RBI guidelines. Details of recurring payments are set out below :

• The User shall be notified of the due date of payment, his/her grace period for making payment and late fee applicable, if any, as per the provisions of this User Terms. Details on Simpl bill cycle, repayment date, grace period, late fees, etc are provided here - https://my.getsimpl.com/help/category/?subcat=false&id=1070000093010
• In the event of a User violating the provisions of these User Terms for reasons attributable to the User, Simpl shall (i) impose a Penalty (with applicable taxes); (ii) be entitled to gather information in accordance with Applicable Law from third parties in respect of the User for the purpose of collection of amounts due from the User; (iii) be entitled to engage third party collection agencies for the purpose of collection of amounts due from the User and (iv) be entitled to report any information relating to non-payment of amounts due from the User to credit bureaus or any other person having the authority to collect such information in accordance with Applicable Law. Simpl reserves the right to vary any Penalty or impose any other fine in addition to or in replacement thereof.
• If the User does not pay the amounts due for a period of 30 days from the date such amounts are due, Simpl may suspend the usage of the account of the User at its discretion and notify the Merchants regarding such suspension of User’s account. User agrees to sharing of such information by Simpl to the Merchants. Simpl may revoke such suspension upon imposing any additional terms and conditions on the User and such additional terms and conditions shall be deemed to constitute a part of the User Terms.
• Simpl reserves the rights to proceed against You in any manner as Simpl may deem fit (including but not limited to any court process in a jurisdiction of Simpl’s choice) as per Applicable Law in relation to any amount due to any Merchants.
• User further agrees to:
  have understood the contract and terms and conditions laid therein with Simpl for Website usage and you have clearly understood the Service;
• use the Services for personal purpose only (applicable in case of individuals);
• use an access point or 3G/4G data account which you are authorized to use;
• the business entity, organisations and body corporate shall use the Services for authorised purpose only;
• keep account information confidential or any other identification provided by Simpl which allows access to the Service and the Website;
• provide with proof of identity/address reasonably requested by Simpl;
• comply with all Applicable Law while using the Website and the Service; and
• access or (attempt to access) any of the Services by any means other than through the interface that is provided by Simpl.
• you acknowledge and accept that if you use Simpl’s platform for recharges and bill payments after the 15th of December 2022, Simpl may levy a platform access fee of up to INR 39 per billing cycle. The platform access fee will be appropriately debited from your Simpl account.
• Convenience fee: Simpl reserve the rights of levying a convenience fee to the Users opting to pay for prepaid mobile recharges using Simpl as per below-mentioned rates:
• Convenience fee for < 100 INR transaction amount- Rs. 1.00
• Convenience fee in between 100-300 INR transaction amount- Rs. 2.00
• Convenience fee for > 300 INR transaction amount- Rs. 3.00
• *Convenience fee mentioned herein is inclusive of all applicable taxes Notwithstanding anything contrary contained herein Simpl reserves the rights to amend the T&Cs and Simpl's decision in this regard shall be binding and conclusive.
• 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.

General customer behaviour while using service

It is expected that a reasonable behaviour shall be followed by the Users while utilizing the Services offered by the Website and/or CC.

All the calls made to the Simpl’s CC are recorded by Simpl for quality and training purposes.

Amendment to terms of contract

Simpl reserves the right to add, vary or amend any or all these terms and conditions at any time without prior notice and the User shall be bound by such addition, variation or amendment once such addition, variation or amendment are incorporated into these User Terms at Simpl’s website at www.getsimpl.com on the date that Simpl may indicate that such addition, variation or amendment is to come into effect.

Simpl also reserves the right to freely transfer or assign its rights and obligations vis-à-vis the user under these User Terms (including the transfer or assignment of the account of the User maintained with Simpl and the provision of Services to the User) to any third party, without the requirement of seeking any further consent from the User.

Intellectual property rights

Simpl is the sole owner or lawful licensee of all the rights to the Website and its content. Website content means its design, layout, text, images, graphics, sound, video etc. 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 licensor's of Simpl content, as the case may be.

These User Terms do not constitute a sale and 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 otherwise claimed under this contract by www.getsimpl.com are hereby reserved. The information contained in 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 (collectively, the "Content") 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. Simpl reserves the right to make changes and corrections to any part of the Content of this Website at any time without prior notice.

We accept no responsibility for any errors or omissions, or for the results obtained from the use of this information. All information on this Website is provided "as is" and “as available” with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. Nothing herein shall to any extent substitute for the independent investigations and the sound technical and business judgment of the User(s). In no event shall Simpl be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the Service. User(s) of this Website must hereby acknowledge that any reliance upon any content shall be at their sole risk. Simpl reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service. It reserves the right to moderate, publish, re-publish, and use all user generated data, contributions and comments (including but not limited to reviews, comments, likes, favorites, votes) posted on the website as it deems appropriate (whether in whole or in part) for its product(s), whether owned or affiliated. It is not liable to pay royalty to any user for re-publishing any content across any of its platforms.

Simpl reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the Services or the Website.

Trademark

All related icons and logos are registered trademarks or service marks of Simpl in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights Applicable Laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.

Copyright

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 of Your access to and use of Simpl's Services, 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 the account of a User(s) 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.

Arrangement between you and the issuing bank

All valid credit / debit/ cash card/ and other payment instruments are processed using a credit card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between You and the respective issuing bank and payment instrument issuing company.

All online bank transfers from valid bank accounts are processed using the gateway provided by the respective issuing bank which support payment facility to provide these services to You. All such online bank transfers on payment facility are also governed by the terms and conditions agreed to between You and the respective issuing bank.

Indemnification & limitation of liability

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 including but not limited to the User's non­compliance with the Service’s terms, malfunction, partial or total failure of any network terminal, data processing system, computer telecom transmission or telecommunications system or other circumstances whether or not beyond the control of Simpl or any person or any organization involved in the above mentioned systems.
Simpl will not be liable for any damages of any kind arising from the use of the Products offered by the Merchant including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

Simpl shall not be liable for any Content that you may find indecent, offensive or objectionable. You shall use the Services at your own risk.

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Simpl will take all reasonable measures to ensure that Merchant should fulfill his duty properly but there may be exceptions and therefore Simpl will not be held liable for any such compensation on account of the Merchant not meeting expectations of Users.

Simpl shall not be liable for any conduct of the Merchant. Simpl encourages Users to notify any complaints that User may have against any Merchant that User may have.

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No advice or information, whether oral or written, obtained by you from Simpl or through or from the services shall create any warranty not expressly stated in the terms.

Simpl disclaims any and all liability in respect of the Merchant and their Products provided thereof.

User agrees to indemnify and keep Simpl, its affiliates and licensors indemnified against all costs, expenses, damages, losses and liabilities incurred or suffered by Simpl or its affiliated companies related to any User content posted or transmitted by User during the use of the Website or Service or any unauthorised use of the Website or Service in contravention of this Agreement.

Governing law & dispute resolution

These User Terms shall be governed by, and construed in accordance with, the laws of India, without reference to principles of conflicts of law. The parties agree that the courts of Bangalore 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 forums non convenience or any other basis.

Simpl Guest Checkout ("Guest Checkout")

Simpl allows visitors to make transactions on merchant platforms without creating a Simpl account. It simplifies the buying process for occasional shoppers. Except for order specific information that is required by Simpl and the merchant to facilitate execution of a Guest Checkout order, no personal information of a guest user (including the guest user's name, phone number, email id, delivery address, payment method, card details, etc) will be stored by Simpl.By using Simpl's Guest checkout service, You agree to be bound by Simpl's User Terms and Privacy Policy. You further agree and consent to receive communications from Simpl regarding (a) information / order updates relating to your Guest Checkout order; (b) payment details on your Guest Checkout order; and (c) other information on Simpl's services related to your Guest Checkout order.Simpl reserves the right to terminate or restrict guest user access at any time and without prior notice.

Simpl Select Membership

1. Introduction

These Terms and Conditions ("Simpl Select Terms") govern your participation in the 'Simpl Select' membership program ("Program") offered by Simpl ("Company", "we", "us", "our"). By subscribing to the Program, you agree to these Terms in addition to the existing User Terms and Conditions.

2. Membership Fee

The membership fee for the Program will be charged at prices provided for in your Simpl mobile application and shall be charged on a monthly basis (“Simpl Select Membership Fee”). The fee will be automatically charged to your Simpl bill.

3. Auto-Renewal

Your membership will automatically renew each month unless you cancel it. You authorize us to charge the monthly membership fee to your Simpl bill until you cancel your subscription.

4. Cancellation Policy

You may cancel your membership at any time using your Simpl mobile application or by contacting the Simpl support team.

If you cancel your membership, there will be no refund of the membership fees already paid for the current month, and your membership will remain active until the end of the current month. However, your subscription will be cancelled for the upcoming month and no further fees will be charged for the upcoming month.

5. Membership Benefits

As a 'Simpl Select' member, you will receive the following benefits:

• BillBox with Pay Later (BBPL) - Pay your bills using your Simpl spend limit. Set up Simpl billbox autopay using your Simpl limit and never miss a bill again. Simpl will further not charge any access fee and convenience fee for using this feature.
• Conflict Cushion - Get a repayment extension on transactions for ongoing order disputes with merchants (order placement, order cancellation, refund, billing, and payment related disputes), for up to 20 days (with a maximum forward bill movement of 2 cycles). Beat the anxiety and mess of having your funds locked with sellers pending resolution of your disputes with the merchant.
  Please note that users can create up to 2 (two) active disputes at any given point in time. Disputes with merchants pertaining to deficiency in service / goods sold are not covered and will need to be resolved with the merchant directly.

• Priority Support - Request help, and we will call you back within 2 business hours (on weekdays between 8 am to 8 pm). Get priority on-call support for all issues pertaining to your Simpl account and payments made via Simpl. Business hours are from.

6. Limitation of Liability

In no event or under any circumstance shall Simpl be liable to the User, in contract, tort or otherwise for indirect, special, incidental, exemplary, punitive, or consequential damages of any kind whatsoever even if advised of the possibility of such damages. Notwithstanding anything contrary contained elsewhere in the Agreement, the total cumulative liability of Simpl to the User or to any person claiming under or through the User, shall not exceed the Simpl Select Membership Fee paid by the User for the relevant month in dispute.

7. Changes to Terms

We reserve the right to change the Simpl Select Membership Fees and/or modify these Simpl Select Terms at any time. Any changes will be effective upon posting of the same on our website terms and conditions section or on the Simpl mobile application. Continued use of the Program after the changes are posted constitutes your acceptance of the modified Terms.

8. Contact Information

If you have any questions or concerns about these Terms or the Program, please contact us at help@getsimpl.com

Grievance Redressal Mechanism

The grievance redressal mechanism and contact details provided below are in compliance with the Information Technology Act, 2000 and the rules made thereunder.

1. Contact Us:

Legal Entity Name: One Sigma Technologies Private Limited

CIN: U72900KA2020PTC142722

Registered Address: 7th Floor, Tower B, #701-717, Diamond District Entry Gate, Old Airport Road, Near Domlur Flyover, Domlur, Bengaluru – 560008, Karnataka, India.

Contact Details: help@getsimpl.com

2. Grievance Redressal Mechanism:

Customer Care Channels

For any issues related to Simpl’s Services, you may first reach out to us via chat support on our app for real time basis resolution.

Alternately, You may write to us at help@getsimpl.com and we will strive to resolve your grievance within the timelines prescribed under applicable laws.

In case you do not receive a satisfactory response from the chat support and help@getsimpl.com as the case maybe, you can escalate the matter to our Grievance Officer by giving reference of the ticket number and we shall address your concern within an estimated time of seventy-two (72) hours.

Details of the Grievance Officer

Mr. Sagar Talele, Grievance Officer, Simpl

7th Floor, Tower B, #701-717, Diamond District Entry Gate, Old Airport Road, Near Domlur Flyover, Domlur, Bengaluru – 560008, Karnataka, India

Contact/email: https://simplgrievance-cell.freshdesk.com/support/home ; help@getsimpl.com

Time: Monday - Friday (10:00 a.m. to 06:00 p.m.)