"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;
Simpl offers a technology platform on www.getsimpl.com and at merchant shop, website and mobile based application.
Simpl’s technology platform enables Users to avail a tab offered by third party merchants at their shops, websites and mobile applications ("Merchant") for transactions made with or through such Merchant.
Simpl shall procure 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 facilitates the provision of a tab and a hassle-free buying experience by the 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 through the Merchant’s shop, website or mobile application. The provision of the Products by the Merchant to you and any liability therefrom is therefore subject to the agreement (to be) entered into between you and the Merchant. Simpl is not privy to such agreement.
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.
For enabling the Service, Simpl may partner with one or more banks, financial institutions or other entities ("Financial Partner").
Simpl shall collect and hold all documents, writings, agreements, cheques, drafts, other instruments received from the Users including without limitation, post dated cheques, demand promissory notes, correspondence and records relating to the payments for the Products, in trust and as agent for 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 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.
Simpl reserves the right to change the nature of Services from 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 the Services) to you or to users generally at Simpl’s sole discretion, without prior notice to you. You may stop using the Services at any time, provided that amounts that are due from you to Simpl under the User terms shall be discharged by you. You do not need to specifically inform Simpl when you stop using the Services.
The User acknowledges that each transaction shall be assessed by Simpl in accordance with its own internal standards for processing of such transactions and Simpl shall have the right to deny the processing of any transaction at its sole discretion.
Users as approved by Simpl, shall have the right to use the Service provided by Simpl.
The Service is available only to User 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 the Service.
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.
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:
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.
User further agrees to:
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.
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.
Without prejudice to the above, Simpl makes no representation or warranty that:
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.
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.
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.
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.
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.
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.
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 or the Financial Partner. Simpl encourages Users to notify any complaints that User may have against any Merchant that User may have.
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.
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.