Terms & Conditions
1. INTRODUCTION
Thank you for using our platform (“Platform”) and Services (as defined below) through our mobile application and website (hereinafter referred to as the "App" or "Website"). Our platform is owned by QUELLARA FINTECH PRIVATE LIMITED (hereinafter referred collectively to as "Earnizy") platform. These Terms of Service (hereinafter referred to as the "Agreement," or "Terms") apply to access and use of the software including but not limited to Mobile application, Web Application, and any other relevant medium. This Agreement is a legally binding agreement between you (hereinafter referred to as the "you", "your", User(s)") and Earnizy and/or its subsidiaries and affiliates (together referred to as "we", "us" or "our(s)"), governing the rights and obligations between you and Earnizy in respect of the Platform and Services. By accessing and using our Platform, Website or App in any way, including, without limitation, browsing the Website, using any information, using any content, any services, etc., available therein, you agree to and are bound by these Terms of Service. If you do not accept these Terms of Service in full, please cease using our Platform, Website or App immediately, and contact us at support@earnizy.in.
THESE PLATFORM TERMS HAVE BEEN DRAFTED IN ACCORDANCE WITH THE PROVISIONS OF RULE 3 (1) OF THE INFORMATION TECHNOLOGY (INTERMEDIARIES GUIDELINES) RULES, 2011 (AS AMENDED) THAT REQUIRE PUBLISHING THE RULES AND REGULATIONS, PRIVACY POLICY AND TERMS OF SERVICE/USER AGREEMENT FOR ACCESS OR USAGE OF THE APP AND RELATED SERVICES. THESE TERMS AND THE PLATFORM PRIVACY POLICY ARE COMPLIANT WITH INFORMATION TECHNOLOGY (REASONABLE SECURITY PRACTICES AND PROCEDURES AND SENSITIVE PERSONAL DATA OR INFORMATION) RULES, 2011 (AS AMENDED) WHEREVER APPLICABLE IN ANY MANNER. PLEASE READ THE TERMS CONTAINED IN THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. BY USING THE PLATFORM BY DOWNLOADING AND INSTALLING THE APP YOU ACCEPT THIS AGREEMENT AND AGREE THAT (A) YOU HAVE READ AND UNDERSTOOD THE AGREEMENT, AND (B) YOU ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS AND THE PLATFORM PRIVACY POLICY, REFERENCED HEREIN.
You represent and warrant to us that you will use the Platform in a manner consistent with all Applicable Laws, as defined in Section 2. We reserve the right to refuse access to use the Platform or to terminate access granted to existing Users at any time without according any reasons for doing so.
2. DEFINITIONS
In this Agreement, unless otherwise provides, the following words shall mean: i. "Applicable Laws" means any applicable Indian statutes, laws, ordinances, regulations, rules, orders, by-laws, administrative interpretation, writ, injunction, directive, judgment or decree or other instruments which have a force of law in India, as is in force from time to time. ii "Confidential Data" means any information related to the User, which the User shares with Earnizy or submits on the App and/or Website and the proprietary information relation to Earnizy or which the User may have come into possession of or pursuant to this Agreement.
3. THE PLATFORM AND SERVICES
Earnizy, through its Platform, allows agents to sell various financial and non-financial products and services such as Demat account, credit, loans, saving accounts, etc to their clients ("User-Clients"), and allows Users to manage money through our Platform ("Services"). All results generated by the Platform are made available on an as-is and available basis based on the information you provide us.
4. TERRITORY
Platform, Website, and the App are only available for use and download within the territory of India. If you have any questions regarding this Section, please email us at support@Earnizy.in.
5. PRIVACY POLICY
Our Privacy Policy describes how we handle the personal and business information (collectively "Personal Information") you provide to us when you use or register on the Platform, the Website, or the App. You understand that through your use of our Platform, Website, or the App, you consent to the collection, processing, and use (as set forth in the Privacy Policy) of this information. Upon your written request, Earnizy will provide you with a list of all personal information that we store concerning you within sixty (60) days of receiving your request. Also, upon your prior written request, Earnizy will delete any such information within sixty (60) days of receiving your request. Notwithstanding this, Earnizy can deny such requests reasonably and in its sole discretion if it suspects fraud, misinformation, or any other situation permitted by law. Further, notwithstanding this, if you ask Earnizy to delete all such information, we will not be able to continue to provide access to the Website, App, or Platform to you.
6. ELIGIBILITY & ACCESS RESTRICTIONS
To be eligible to use our Platform, Website, or the App, you must meet the following criteria and represent and warrant that you: (1) are not currently restricted from accessing our Platform, Website, or the App or not otherwise prohibited from having an account, (2) are not our competitor, or are not using our Platform, Website, or the App for reasons that are in competition with us: (3) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (4) will not violate any of our rights, including intellectual property rights such as patent, copyright, and trademark rights; and (5) agree to provide at your cost all equipment, browser software, and internet access necessary to use our Platform, Website, or the App.
7. REGISTRATION ON OUR PLATFORM
You can access and use the Platform via (i) the App which can be downloaded and installed from the Google Play Store, or (ii) the Website at (https://www.earnizy.in/). By registering on our Platform, you understand that a. At the time of registration, you may be required to complete a verification process ("Verification") as part of setting up your User account, as applicable, that would enable you to use the Platform and access our Services ("Account"). Once you have successfully completed the Verification, as applicable, and have set up your Account, you will be given a username and your mobile number will be registered with the Platform using a One-time-Password ("OTP") (together hereinafter referred to as "Access Credentials"). You are responsible for maintaining the confidentiality of your Access Credentials and are fully responsible for all activities that occur through your Account. Should there be instances of any unauthorized use of your Account or Access Credentials or any other breach of security, you are required to notify Earnizy to stop processing requests from your Account until further instructions. b. During the registration process, you may be asked to provide Earnizy with yours and/or your User-Client's mobile numbers, email, and any other information reasonably required to allow Earnizy or its subsidiaries, third party partners or financial institutions ("Brand Partners") to provide you with Services through our Platform. c. By registering yours or your User-Client's phone numbers with Earnizy, you consent to be contacted by Earnizy via phone calls, WhatsApp, SMS notifications, or instant messages, in case of verifications and in case of subscription/service/promotional updates. You may opt out of subscription/service/promotional updates upon following due procedure as highlighted by the support personnel over authorized channels. d. if you provide Earnizy with your User-Client's mobile number, email id, or any other information, you certify and represent that you have their consent and permission to do so under all applicable laws. You further indemnify Earnizy from any claims, actions, or liabilities arising from your breach of this Section 7. e. It is your responsibility to provide a correct mobile number and email id for yourself and your User-Clients so that Earnizy can communicate with via various communication channels. You understand and agree that if Earnizy sends a communication to you but you do not receive it because the you have provided a mobile number that is incorrect, out of date or blocked or because you, or your User-Client, are otherwise unable to receive SMS, Earnizy shall be deemed to have provided the communication effectively.
8. USING THE PLATFORM
By visiting our website or mobile application and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as "Resources"), you agree to use these Resources only for the purposes intended as permitted by this Agreement and/or Applicable Laws. Wherein, you understand that a. in order to access our Resources, you may be required to provide certain accurate, corrected, and updated information about yourself as stated and described in our Privacy Policy. b. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical, or unconventional means. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.