Uni Terms and Conditions

 

This document is an electronic record in accordance with the Information Technology Act, 2000 and rules, as amended from time to time.

 

We at Uniorbit Technologies Private Limited (“Uni”, “us” “our” or “we”) have developed the Uni Cards mobile application (“App”) and are happy to have you with us. Please read these terms of use (“Terms”) carefully before you use the App and the Platform since they constitute the agreement between: You and (a) us; or (b) Uniorbit Platform Services Private Limited (“Co-Brand Entity”); or (c) any other licensed partner whose services are made available on the App/Platform (“Uni Partner”) depending on the Services you are availing. Co-Brand Entity and Uni Partner shall collectively be referred to as (“Partners”).

 

If you do not agree with any of these Terms, including any future modifications to these Terms, You must immediately cease accessing and/or using the App/Platform and Services. Uni shall have the right to modify these Terms at any time and publish the same on the App/Platform. It is your responsibility to check this page periodically for changes. Following the posting of any changes, your continued use of or access to the App/Platform or the use of Services constitutes acceptance of such revised terms of use.

 

Your acceptance of these Terms will operate as a binding agreement between You, Uni and its Partners, in respect of Your use of Services and the App/Platform.

 

1.         Definitions

All of the defined and capitalized terms in these Terms will have the meaning assigned to them here below:

(i)             “Account” shall mean and refer to the account created by the User on the App/Platform, for availing the Services.

(ii)           “Applicable Laws” shall mean and include all applicable statutes, enactments, acts of legislature or the Parliament, laws, ordinances, rules, bye-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any governmental authority, tribunal, board, or a court and applicable international treaties and regulations, in force at the relevant time in India.

(iii)         “Card” shall mean the co-branded credit card distributed by the Co-Brand Entity in partnership with various banks authorised to issue such Cards by the RBI (“Card Issuer”) under the brand name “NX Wave”.

(iv)         “Group Company(ies)” means the affiliates and subsidiaries of Uni.

(v)           “Lending Partner” shall mean and include RBI regulated entities like banks, non-banking financial institutions and other credit providers that provide loans to You via the App/Platform.

(vi)         “Loan” shall mean and refer to the loans and advances offered by Lending Partners to You via the App/Platform as per your agreement with such Lending Partners.

(vii)       “Merchant” shall mean a third-party merchant/seller registered on Uni’s online e-commerce marketplace to sell its products and services to the Users via the App.

(viii)     “Merchant Platform” shall mean the mobile or other application, web-application, weblink or any other platform owned and/or operated by the Merchant for sale of its products/services.

(ix)         “Platform” refers to the website or mobile application or any other internet platform managed and operated by Uni or its licensees for the provision of the Services.

(x)           “Privacy Policy” shall mean the privacy policy of Uni and its Group Companies available at https://www.uni.cards/privacy-policy-main/?tab=privacyPolicy.

(xi)         “RBI” means the Reserve Bank of India.

(xii)       “Transaction” shall mean every request made by the User for sending or receiving of payments on the App.

(xiii)      “Services” shall include the following services offered by the Uni or its Partners via the App/Platform (a) acting as a lending service provider and providing a digital lending application to facilitate loan services from various RBI regulated banks and non-banking financial institutions and other ancillary services, (b) facilitation, maintenance and management of various credit facilities, (b) offering a technology platform for facilitation of various financial products and services to its Users, (c) providing an e-commerce marketplace where Users can avail products and services offered by various Merchants (“Rewards Store”), and (d) distribution of the co-branded credit cards by the Co-Brand Entity in partnership with various Card Issuers (“Co-Brand Services”). Uni reserves the right to add, remove or modify any features in the Uni Services as and when it deems fit.

(xiv)      “User” shall mean and refer to any individual or legal entity who registers with Uni and its Partners to avail any of the Services provided on the App/Platform (also referred to as “You” or “you” or “your”).

 

2.         Eligibility

In order to use the App/Platform and Services, you acknowledge and represent that: (i) You are 18 years of age or older; (ii) You are capable of entering and authorized to enter into a legally binding agreement; (iii) You are not barred or otherwise legally prohibited from accessing or using the Platform or Services under Applicable Laws; and (iv) You are a tax resident of India with an active Indian mobile number and bank account.

 

3.         Services

You undertake not to access or attempt to access the Services by any means other than through the interface that is provided by Uni or its licensed partners and in the manner permitted thereby. You specifically undertake not to access or attempt to access the Services through any automated means (including by use of scripts or web crawlers). To provide the Services, Uni may partner with third party entities at its sole discretion.

 

Please keep in mind the following terms while availing the following Services:

 

A.     Loan

(i)             You understand that Uni may facilitate Loans to you from Lending Partners via its App. If you wish to avail a Loan, you will be required to satisfy additional conditions set by other third parties including the Lending Partners. Your relationship with the Lending Partner is governed solely by their terms of use and privacy policy, and other agreements executed between you and the Lending Partner or their co- lending partners.

(ii)           To avail the Loan, the Lending Partners may seek your KYC. The Lending Partner has authorised Uni to collect your KYC information on its behalf and you agree to submit the same to Uni for any verification. You are responsible to ensure that your KYC details with the Lending Partners are current, updated, and accurate at all times.

(iii)         The Loan may be used through multiple form factors, as enabled for you by the Lending Partners or Uni, including through cards or bank transfer. If you opt for any of these features, then additional KYC or such other requirement may be placed on you.

(iv)         You agree that you shall fully read and understand the terms of use of the Loan, or such other documentation entered into between you and the Lending Partner, before availing the Loan. It is to be noted that the Lending Partner shall have the discretion to determine your eligibility to avail the Loan. There shall be no recourse to Uni for such decisions made the Lending Partners. For this purpose, you authorise Uni to share your information with Lending Partners. You may also refer to our Privacy Policy for further information on how your data will be used.

(v)           We shall maintain necessary records in respect of the Loan availed by You and Transactions made using the Loan and such other information as required under Applicable Law. You agree that such records shall be sufficient proof of the Transactions entered into between you and Merchant/Lending Partners or others, which you shall not dispute.

(vi)         Uni shall send communications regarding the Loan to you from time to time, on the App/Platform or otherwise.

(vii)       You shall use the Loan only for purposes permitted by the Lending Partner and in accordance with Applicable Laws.

(viii)     For any repayment towards the Loan or other applicable charges, you have authorised the Lending Partner, Uni and any of their service providers to collect such amounts from you from time to time and take all steps necessary to collect such payments.

(ix)         We accept no responsibility for the provision of Loans or its consequences. We only provide a third-party link to install the App. We are not liable for any losses that may occur as a result of the acts or omissions of the Lending Partner or the co-lending partner.

 

B.      Co-Brand Services

(i)             You understand that the Co-Brand Entity may facilitate the issuance of the Card to you from Card Issuers under a co-branding arrangement entered in line with the RBI’s Master Direction – Credit Card and Debit Card – Issuance and Conduct Directions, 2022 and any amendments thereto. It is to be noted that the Co-Brand Entity is merely acting as a marketing and distributing agent for the Card and the Card Issuer will be entitled, at its sole discretion, to determine whether to issue or renew a Card to any person. There shall be no recourse to the Co-Brand Entity for such decisions made the Card Issuer.

(ii)           You are responsible to ensure that your KYC details with the Card Issuers are current, updated, and accurate at all times.

(iii)         The Cards shall be governed by the Card Issuer’s terms and conditions, which shall be communicated to the User of the Card, as part of the card application or card member agreement or any letter or communication in this regard. You agree that you shall fully read and understand the terms of use of the Card, or such other documentation entered into between you and the Card Issuer. The terms of use of the Card shall be available for reference on the Platform.

(iv)         We maintain necessary records in respect of the Card and such other information as required under Applicable Laws.

(v)           Uni may send communications regarding the Card to you from time to time, on the App/Platform or otherwise.

(vi)         You agree that you shall use the Card only in accordance with the terms of the Card Issuer and as per Applicable Laws.

 

C.      Rewards Store

For availing of the Rewards Store service, you note that Uni bears no responsibility for the sale of any products/ services by Merchants on the App and these terms and conditions are independent of any other terms you may agree to for making purchases from Merchants or other third parties on the Rewards Store.

 

Uni will not be responsible or liable to You for any loss incurred by You as a result of your interaction with a third-party product or service on the App/Platform.

 

4.         Uni Account

(i)             You can register as a User by providing necessary information that we may deem fit and may require from time to time. This will be communicated to you on the App/Platform. You understand and agree that you are responsible for the accuracy of the information you provide for account creation. We shall bear no liability for false, inaccurate or incomplete information provided by you.

(ii)           Please note that we reserve the right to terminate or suspend your account at any time, if any information provided by you is false, inaccurate or incomplete or if we discover that you are not eligible to use Services or for any other reason that we deem fit and we are not obliged to provide you the reasons for such termination or suspension. Note that in case of any change or modification in the information provided by you, please inform us immediately. 

(iii)         You agree that the information provided by you will be used to determine your eligibility to use the Services. Further, the information shared by you may also be shared with third parties for determining your eligibility to use third party services, as and when required.

(iv)         You will receive an identification and password for your account. Please keep your account details confidential. We shall not be liable for any loss that you may incur as a result of someone else using your password or account or accessing your device, either with or without your knowledge. You will be responsible for all the activity on your account. Your Account is non-transferable. We shall not be liable for any claims, damages, liabilities, etc. that may be suffered by you or any third party as a consequence of any unauthorized use of your account, and you shall be solely liable for the same.

(v)           You hereby expressly consent to receive communications from us or from any person authorized by us, on your registered phone number (via phone calls/SMS) and/or e-mail id. You agree that any communication so received by you will not amount to spam, unsolicited communication or a violation of your registration on the national do not call registry.

(vi)         You hereby agree and consent to using the Account, App/Platform and Services in accordance with Applicable Laws and only for its intended purpose.

(vii)       You understand that we have the right at all times to disclose your information as necessary to comply with Applicable Laws, or any valid government/other authority’s request.

(viii)     We do not warrant that the functions contained in the App/Platform will be uninterrupted or error free, and we shall not be responsible for any interruptions (including, but not limited to, power outages, system failures or other interruptions that may affect the receipt, processing, acceptance, completion or settlement of Transactions).

(ix)         We may, directly or through service providers, monitor your Transactions for high-risk practices or for fraudulent transactions. Uni retains the right to suspend your Account, if Uni believes that there is suspicious or unusual activity on your Account.

(x)           Note that we retain the right to reject a Transaction and/or settlement of payments at our sole discretion without assigning any reason, including but not limited to reasons of risk management, suspicion of fraudulent, illegal or doubtful Transactions, selling of prohibited items, etc.

(xi)         Uni may be required to undertake action on the Account as per directions from a statutory or governmental authority or as may be mandated by the Merchant/Lending Partner or others (as applicable).

 

5.         Closing Account

You shall continue to be registered with Uni unless you request closure, deletion or deactivation of your User Account. Once deactivated, you will no longer be able to access your Account or the Services. However, it is clarified that Uni can suspend/ terminate your Account at the request of the Lending Partner/Card Issuer/Merchant (where applicable) or at its sole discretion for any reason whatsoever with prior intimation.

 

6.         Charges

You agree and acknowledge that in addition to any charges applied on you by third parties, including our Partners, for using their services, Uni may also charge you for the Services. The same will be communicated to you on the App/Platform from time to time. Any charges applied to you by Uni shall be subject to applicable taxes.

 

7.         Privacy

As between the parties, User and its licensors retain all right, title, and interest (including any and all Intellectual Property Rights) in and to the user data and any modifications made thereto. Subject to the terms of these Terms, User hereby grants to Uni, its Partners and its Group Companies a non-exclusive, worldwide, royalty-free right to process the user data solely to the extent necessary to provide the Services and maintain or improve the Platform and perform all related obligations owed to User under these Terms and for availing the Services, or as may be required by law. User is solely responsible for the accuracy, content, and legality of all user data. You warrant that you have and will have sufficient rights in the User data to grant the rights to Uni under these Terms. User data is User’s Confidential Information under these Terms. You agree and specifically consent that we may collect, store, share and use your personal data and any communications made through the Platform, in accordance with Applicable Laws and our Privacy Policy.

 

The Co-Brand Entity will not access any of your transactional data.

 

The Privacy Policy explains how we treat your data and protect your privacy. Notwithstanding anything to the contrary in these Terms, Uni may collect and use any data that is derived from the use of the Services that is anonymized and aggregated such that such data could no longer directly or indirectly identify User, or any natural person (“Usage Data”) to operate, improve and support the Services and for other lawful business practices, such as analytics, benchmarking and reports.

 

8.         Confidentiality

Each party will protect the other’s Confidential Information from unauthorized use, access, or disclosure in the same manner as it protects its own Confidential Information of similar nature or importance, and in any event, using no less than reasonable care. Except as otherwise expressly permitted pursuant to these Terms, the receiving party may use the disclosing party’s Confidential Information solely to exercise its respective rights and perform its respective obligations under these Terms, and will disclose such Confidential Information solely: (i) to those of its respective employees, representatives, and agents who have a need to know such Confidential Information for such purposes and who are bound by obligations to maintain the confidentiality of, and not misuse, such Confidential Information; (ii) as necessary to comply with an order or subpoena of any administrative agency or court of competent jurisdiction; or (iii) as reasonably necessary to comply with any applicable law or regulation. The provisions of this section will supersede any non-disclosure agreement by and between the parties entered prior to these Terms that would purport to address the confidentiality of any information shared by the parties, including Personal Information, and such agreement will have no further force or effect with respect to the foregoing. The receiving party acknowledges that disclosure of Confidential Information would cause substantial harm for which damages alone would not be a sufficient remedy, and therefore that upon any such disclosure by the receiving party, the disclosing party will be entitled to seek appropriate equitable relief in addition to whatever other remedies it might have at law.

 

9.         Intellectual Property

Uni and its licensors retain all right, title, and interest in and to the App/Platform and Usage Data User acknowledges that the App/Platform is offered as an online, hosted solutions, and that User has no right to obtain a copy of the underlying computer code for any Services, except (if applicable) for any downloadable software, in object code format. Uni may freely use and incorporate into Uni’s products and services any suggestions, enhancement requests, recommendations, corrections, or other feedback provided by User relating to Uni’s products or services. We do not grant you any rights to the Intellectual Property Rights in the Platform or Services. Nothing contained herein shall authorize you to use, apply, invade or in any manner exploit or infringe the Intellectual Property Rights of Uni without prior written consent.

 

10.      Third Party Services

We do not take responsibility or liability for the actions, products, content, and services on the Platform, which are linked to Partners and/or third-party web applications, platforms, etc. using Our APIs or otherwise. In addition, we may provide links to the third-party web-applications, platforms, etc. and certain other businesses on the Platform. We assume no responsibility for examining or evaluating the products and services offered by such third parties.

 

11.      Disputes and Grievances

We are not obligated to mediate disputes between You and another User or any Partner or other third party including the Lending Partners, Merchants or Card Issuers as applicable. We can assist in enabling communications regarding a dispute. In case of any complaint regarding the Platform or the Services, please contact us using the below methods:

Grievance Redressal Officer: Danish Mirza

Email Id: gro@uni.club

Phone Number: 080 6821 6821

 

You may also write to care@uni.club in case of any issues.

 

12.      Disclaimer

Except for our role as provided under these Terms, Uni and its Partners are not involved in any underlying transaction between You, and the Merchant, Lending Partner, or Card Issuer (as applicable) or any other third party. Uni and the Co-Brand entity only helps you gain access to financial services. We do not independently provide any financial services. You are contracting such a service directly from the provider of the financial service, as identified at the time of provision of the respective service. Uni and the Co-Brand Entity accept no responsibility for the provision of such financial services or its consequences. We are not liable for any losses that may occur as a result of the acts or omissions of the relevant financial service provider. Uni is also not a deposit taking company or a chit fund or a company offering any investment schemes as per the rules and regulations for the time being in force in India.

 

Services and the App/Platform are provided on an "as is" and "as available" basis. We disclaim all warranties of any kind, whether express or implied, including without limitation, any representation or warranty for accuracy, availability, continuity, uninterrupted access, timeliness, sequence, quality, performance, security, merchantability, fitness for any particular purpose, non-infringement or completeness.

 

13.      Indemnity and Limitation of Liability

You agree to indemnify, defend, and hold harmless Uni and its Partners and their directors, officers, employees, and other applicable third parties (collectively "Indemnified Parties") from and against any and all claims, demands, causes of action, debt, or liability, including reasonable attorney fees, arising out of or relating to: (a) your use of the App/Platform or Services, and (b) any breach by you of these Terms or Applicable Laws.

 

SUBJECT TO APPLICABLE LAW AND NOTWITHSTANDING ANYTHING ELSE IN THESE TERMS, IN NO EVENT WILL UNI OR THE PARTNERS BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION DOWNTIME COSTS, LOSS OF DATA, RESTORATION COSTS, LOST PROFITS, OR COST OF COVER) REGARDLESS OF WHETHER SUCH CLAIMS ARE BASED ON CONTRACT, TORT, WARRANTY OR ANY OTHER LEGAL THEORY. UNI AND THE CO-BRAND ENTITY’S AGGREGATE LIABILITY AND THAT OF ITS GROUP COMPANIES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS, RELATING TO THE PLATFORM AND ANY OTHER ITEM PROVIDED PURSUANT TO THESE TERMS WILL NOT EXCEED AN AMOUNT EQUAL TO INR 100,000/- (INDIAN RUPEES ONE LAKH ONLY). THE LIMITATIONS AND EXCLUSIONS ALSO APPLY IF THIS REMEDY DOES NOT FULLY COMPENSATE USER FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE.

 

14.      Termination

Term: These Terms are effective as of the Effective Date and will continue until terminated by either party by providing a 60 (sixty) day prior written notice.

 

You may terminate these Terms with a 15 (fifteen) day written notice for any breach that has not been cured by Uni or Co-Brand Entity within thirty (30) days of receiving a notice.

 

Uni and/or the Partners reserve the right to terminate or suspend the Services to you and/or to sever its relationship with you, at any time, for any cause, including, but not limited, to the following: i) For any suspected violation of the rules, regulations, orders, directions, notifications, laws, statutes, from time to time, ii) For any breach or suspected breach of these Terms. iii) If you indulge in any abusive or aggressive or threatening behaviour or any intimidation or harassment of any kind (be it verbal, physical, or written) against any employee / representative /agent of Uni or its partners or any other user; and iv) As required as per applicable regulations. v) If the agreement between you and the Lending Partner/Merchant/Card issuer (as applicable) is terminated.

 

15.      Miscellaneous