Legal Notice
1. Introduction
Credmarg Technologies Private Limited (hereinafter referred to
as "the Company"), through its Website and Mobile Application
called "Kilope", runs an employee financial wellness platform.
It allows the employee users to track their salary and enables
them to withdraw the earned amount of salary at any point of
time, at an agreed transaction fee which extends the credit by
Non-Banking Financial Companies with whom the Kilope has made
arrangements.
Is an intermediary as defined under Section 2 (w) of the
Information Technology Act, 2000, and this Legal Notice is in
consonance with the provisions of Rule 3 (1) of the Information
Technology (Intermediaries Guidelines) Rules, 2011.
By clicking "Join Now," "Sign Up," registering, accessing, or
using the Kilope Platform, you agree to enter into a legally
binding contract and be bound by the present Terms of Use. If
you do not agree to any of the Terms of Use, you should not
click "Join Now" (or similar) and should not access or otherwise
use the Kilope Platform or the Product and Services. If you wish
to terminate this agreement at any time, it can be done by
closing the user account and no longer accessing or using the
Kilope Platform or Products and Services.
Even otherwise, when you use the Kilope Platform, you agree to
all of these Terms of Use. The use of this Platform is also
subject to companies' other policies, but not limited to the
Privacy Policy, which covers how Kilope collects, uses, shares,
and stores the personal information of users.
You acknowledge that you have read these Terms of Use and the
other Policies, including but not limited to Privacy Policy, and
agree to all its terms and conditions. Kilope reserves the
right, at its sole discretion, to change, modify, add or remove
portions of these Terms of Use. We shall notify You of any
updates or changes in the Terms of use. Post such notification;
It shall be your responsibility to review the updated Terms of
use. Your continued use of the Kilope Platform following the
posting of changes to the Terms of Use and the notification
mentioned above shall be deemed to mean that you have reviewed
the updated Terms of Use and accept and agree to the updated
Terms of use. Kilope reserves the right to terminate Your
Account/this agreement and/or refuse to provide You with access
to the Kilope Platform if it is brought to Kilope's notice or if
it is discovered that you are not eligible to use the Kilope
Platform. These Terms of Use shall be deemed to be an electronic
record laying down the mutually acceptable terms for the use of
the Kilope platform by You. An electronic record generated by or
through a computer system does not require any physical or
digital signatures.
2. Definitions
i. "Employee" shall mean any person employed in full-time
service with the Employer, having a minimum service/employment
history of 3 months with the Employer and a fixed salary.
1. "Employer" shall mean any organization or entity which
employs the User Employee, with whom Kilope has a separate
agreement for facilitating the extension of Salary Advance
Facility from the NBFC to the User Employee and who has agreed
to repay the Salary Advance Facility to NBFC by debiting the
salary of the User Employee, on behalf of the User Employee.
2. "NBFC" shall mean the Non-Banking Financial Company that has
agreed to consider extending the Salary Advance Facility to the
User Employee subject to the User Employee executing the Salary
Advance Facility Documents and paying the Transaction Fees.
3. "Transaction Fees" shall mean the charges payable by the User
Employee to NBFC for availing of the Salary Advance Facility.
4. "Products and Services" shall mean products, features,
services, technologies, software, etc., that are being offered
on the Kilope Platform.
5. "Repayment Nodal Account" shall mean a bank account
designated by the NBFC to collect all the sum of money due to be
repaid by the User Employees. The Employer would deposit the
said sums after deducting the same from the salary of the User
Employee.
6. "Salary Advance Facility" shall mean the amount sanctioned in
the form of loan/credit facility as advance salary subject to
appraisal by the NBFC and Kilope and agreed to be disbursed to
the User Employee by NBFC as per Salary Advance Facility
Documents; irrespective of whether such disbursement is in whole
or parts, as per the request of the User Employee through the
Platform belonging to Kilope platform.
7. "Salary Advance Facility Documents" shall mean the Agreements
or any other document (as amended, restated, or modified from
time to time) executed by the User Employee with NBFC for the
grant of Salary Advance Facility, capturing the terms and
conditions for the grant of Salary Advance Facility by NBFC
including but not limited to loan application,
facility/loan/credit facility agreement, security documents,
etc. or any other document stipulated by NBFC from time to time.
8. "User Employee" shall mean any Employee employed with the
Employer who is a registered user of the Kilope Platform and has
agreed to draw advance salary by availing Salary Advance
Facility from NBFC on the basis of leads/reports generated by
the Kilope Platform. These Terms of Use set out the binding
terms and conditions for use by a User Employee ("You") of the
kilope Platform and the related Services as defined hereinbelow.
3. Acceptance of Terms of Use
Kilope Platform, along with the Products and Services, is
licensed and not sold (hereinafter together referred to as "the
License") to You for use only and solely in line with the
present Terms of Use.
This License is being provided by the Company having its
registered address at Plot no 10, Nectar Gardens, Kavuri Hills
Road, Hyderabad, Telangana-500081. The terms Kilope and the
Company are used interchangeably in the Terms since Kilope is a
platform owned and run by the Company.
4. Account Creation
i.In order to use the Kilope Platform and Product and Services,
you will be required to create an account ("Account"). As part
of the Account opening process, you have to provide your name,
gender, date of birth, age, phone number, photograph, other
personal details, an email address, and a password, etc., which
is to be used for logging into the Account in the future.
Further, in order to avail the Salary Advance Facility, You will
have to inter alia provide details including but not limited to
your employee identification number with the Employer, official
email id, your employment history with the Employer, attendance
details, KYC details (PAN, Aadhar Card, Address Proof, Salary
Slip, account details and bank statements, income tax returns,
etc.).
1. You hereby agree and undertake that you will not transfer or
share your Account details and password with anyone. The
confidentiality of your username and password is to be
maintained by you as your sole responsibility. In case of any
misuse or unauthorized access to the Account, you shall be
solely liable for the same. Further, in case of any such misuse
or unauthorized access, it would be your responsibility to
inform and notify Kilope immediately.
5. User eligibility and the conditions of use
You explicitly agree, represent, and warrant that you:
i.can enter into legally binding contracts are not "incompetent
to contract" under the Indian Contract Act, 1872 and have the
capacity to enter into the present contract.
1. Shall not give access to your respective Account to others or
transfer the Account to anyone else.
2. You or your Account has not previously been disabled by
Kilope for violations of its terms or policies.
3. Are not prohibited from using the Kilope Platform or the
Products and Service under applicable laws or
orders/directions/judgments of courts.
4. Shall not do anything that is unlawful, misleading,
discriminatory, or fraudulent.
5. Shall not upload viruses or malicious code, or do anything
that could disable, overburden or impair the proper working or
appearance of Kilope Platform or interfere with or circumvent
the security features of the Kilope Platform or the Products and
Services, or any related mobile application, other mobile
applications, or the Internet.
6. Shall not access or collect data from Kilope platform using
automated means or attempt to access data for which there is no
permission to access.
7. Shall not breach these Terms or any other Terms and policies
that apply to the use of the Kilope platform.
8. agree, undertake and covenant that, during the use of the
Kilope Platform; you shall not use, host, display, upload,
modify, amend, publish, transmit, update or share any
information or content, including but not limited to User
Content that:
• Belongs to another person or entity and in relation to which
you do not have any right.
• Is grossly harmful, harassing, blasphemous, defamatory,
obscene, pornographic, pedophilic, libelous, invasive of another
person's privacy, hateful or racially or ethnically
objectionable, or encouraging money laundering or gambling, or
otherwise unlawful in any manner whatsoever.
• Is misleading or false in any way.
• Involves the transmission of "junk mail," "chain letters,"
unsolicited mass mailing, or "spamming."
• Infringes upon or violates any third party's rights including,
but not limited to, intellectual property rights, rights of
privacy (including without limitation unauthorized disclosure of
a person's name, email address, physical address, phone number,
photographs), or rights of publicity.
• Provides instructional information about illegal activities
such as violating someone's privacy or providing or creating
computer viruses and malware such as spyware, worms, trojans,
etc.
• Tries to gain unauthorized access or exceeds the scope of
authorized access to the Kilope Platform or the account
information of other Users etc.
• Engages in commercial or business activities, including but
not limited to activities for gain, contests, sweepstakes,
barter, advertising, etc.
• Interferes with another user's use of the Kilope Platform.
• Contains software viruses or any other computer codes, files,
or programs designed to interrupt, destroy or limit the
functionality of any computer resource; or contains any trojan
horses, worms, or other computer programming routines that may
damage, detrimentally interfere with, diminish the value of,
covertly intercept or steal any system, data or personal
information.
• Harms minors in any way;
• Threatens India's unity, integrity, defense, security or
sovereignty, friendly relations with foreign states, or public
order or causes incitement to the commission of any cognizable
offense or prevents investigation of any offense or is insulting
to any other nation.
• Is misuse or unauthorized use of the Kilope Platform or is a
use prohibited by law or is unlawful.
6. Availing of the Products and Services
You may, after opening an Account on the Kilope Platform, apply
for the Salary Advance Facility by submitting your request on
the Kilope Platform through a form on the Kilope Platform which
shall contain the details of the proposed Salary Advance
Facility, including but not limited to the amount, the date of
repayment, mode of disbursement, etc. (hereinafter referred to
as the "Application Form").
1. As a part of the application for Salary Advance Facility, you
shall be required to provide details and documents relating,
including but not limited to, income, employment, or
professional status, such other information as NBFC may require
in terms of the KYC Regulations applicable to it ("Preliminary
Information").
2. You hereby also authorize the NBFC and Kilope to get your
credit information report from one or more credit information
companies from time to time.
3. You shall also be required to sign and execute the Salary
Advance Facility Documents, as may be required by the NBFC, from
time to time.
4. The Application Form, Preliminary Information, Salary Advance
Facility Documents, and other reports/information shall
thereafter be provided to the NBFC for KYC and e-KYC
verification and/or to such other verification by any agency
such as lawyers, search clerks, accountants, or valuers as may
be appointed or designated by the NBFC.
5. Pursuant thereto and subject to due diligence/approval by the
NBFC, the Salary Advance Facility may be extended to You subject
to your agreeing to pay the Transaction Fees as provided in the
Salary Advance Facility Documents.
6. You agree and understand that the Salary Advance Facility
would be extended strictly in terms of the Salary Facility
Documents executed between You and the NBFC and the present
Terms of Use and the Privacy Policy.
7. You hereby also irrevocably authorize the Employer to deduct
the amount of the Salary Advance Facility, interest accrued
thereon as per the Salary Advance Facility Documents and the
Transaction Fees, whenever the same is due as per the Salary
Advance Facility and deposit the same in the Repayment Nodal
Account as designated by the NBFC.
8. The present Terms of Use, Privacy Policy, Application Form,
Salary Advance Facility Documents, and all other documents
executed by You shall form the entire understanding for
extension of the Products and Services.
7. License and its scope
As long as You comply with these Terms of Use and other policies
including but not limited to Privacy Policy, Kilope grants you a
personal, non-exclusive, non-transferable, limited privilege to
access and use the Kilope Platform and Product and Services.
You may not rent, lease, lend, sell, redistribute or sublicense
the Kilope Platform for any purpose, including but not limited
to any business or commercial use. You may not copy, decompile,
reverse engineer, disassemble, attempt to derive the source code
of, modify, or create derivative works of the Kilope Platform
and/or Products and Services, any updates, or any part thereof.
The terms of this License will govern any upgrades provided that
replace and/or supplement the original Kilope Platform and/or
Products and Services unless such upgrade is accompanied by a
separate license, in which case the present Terms of Use and the
terms of the License for that upgrade will govern.
8. Specific permissions, consent, and authorizations given by
you
You hereby agree, permit, consent, authorize and provide:
i.A non-transferable, non-sublicensable, and limited right to
Kilope to use, store, copy, update, process, and share
information, details, documents, etc. relating to You that You
provide on or through the Kilope Platform with your voluntary
and informed consent solely to provide the earned Wage advance
facility. You agree and provide your consent to share your
information accessed by Kilope provided on or through the Kilope
Platform for providing the earned wage advance facility for the
following purposes:
· For extending and facilitating the earned wage advance
facility.
· For KYC verification and authentication by agencies duly
authorized by Kilope.
· For legal and regulatory purposes.
· For providing You with an improved and a better user
experience.
Further, sharing of your information with any third party for
purposes except as outlined above shall be subject to prior
intimation and your consent.
ii. Consent and authorize the Employer to share Your attendance
data, other details, etc., to enable calculation of the maximum
Salary Advance Facility that You may be eligible to draw based
on the number of hours/days you have worked with the Employer.
1. Consent to receive all communications at the mobile number
provided, even if this mobile number is registered under
DND/NCPR list under TRAI regulations. And for that purpose, I
further authorize Company to share/disclose the information to
any third-party service provider or any affiliates, group
companies, their authorized agents, or third-party service
providers.
2. Consent to using 3rd party service to verify KYC details,
including PAN (through NSDL or other portals), phone number, and
bank account
3. Specific consent to share the Application Form, Preliminary
Information, and all other details and information relating to
You, including personal information, KYC documents, etc., with
the NBFC.
4. Consent to collect and share the duly executed Salary Advance
Facility Documents, repayment cheques/NACH/ECS, etc., with the
NBFC, on your behalf.
5. Consent to the receipt of communication from Kilope or the
NBFC by way of, including but not limited to SMS, emails,
WhatsApp, and newsletters. This consent and permission shall
supersede and prevail over any preferences set or registration
done with the Do Not Disturb (DND Register)/ National Customer
Preference Register (NCPR).
6. Consent to use and gather technical information about Your
device, system, and application software and peripherals to
facilitate the provision of software updates, product support,
other services, technology, and improve products and services
related to the Kilope Platform or Products and Services.
7. Irrevocably authorize the Employer to deduct, at source, the
amount of the Salary Advance Facility, interest accrued thereon
as per the Salary Advance Facility Documents and the Transaction
Fees, and deposit the same in the Repayment Nodal Account
designated by the NBFC towards repayment to the NBFC.
8. Permission to track your location and your whereabouts in
order to ensure that the repayment of the Salary Advance
Facility, interest accrued thereon as per the Salary Advance
Facility Documents, and the Transaction Fees can be pursued and
ensured. The said tracking shall continue during the provision
of the Products and Services, and even in case You discontinue,
stop or cease to use or avail the Products and Services, through
deletion or uninstallation of the Kilope Platform or otherwise,
till the event the amount due to the NBFC stands repaid in full.
9. Consent to receive sponsored content and show ads Kilope
thinks will be relevant to you. Kilope may use Your data and/or
information to help determine which ads to show to You.
9. Intellectual Property Rights belonging to Kilope
These Terms of Use do not transfer to you any Intellectual
Property Rights and other proprietary information, including but
not limited to the copyright, trademarks, service marks,
graphics, and logos used in or in connection with the Kilope
Platformor the Products and Services. The said Intellectual
Property Rights are owned by Kilope or third parties, and all
rights, titles, and interests in and to such property will
remain solely with Kilope Platform or third parties, as the case
may be. Your use of Kilope Platform or Products and Services
grants you no right or license to reproduce or otherwise use any
Kilope or third-party Intellectual Property Rights. You cannot
copy, post, distribute, or reproduce any copyrighted material,
trademarks, or other proprietary information of Kilope, third
parties, etc.
10. Links to Third Party Applications or Websites
Kilope Platform may contain links and interactive functionality
interacting with the websites or applications of third parties,
including but not limited to payment gateways, links to
advertisements, etc.
Kilope is not responsible for and has no liability for the
functionality, actions, inactions, privacy settings, privacy
policies, terms, or content of any such third-party website or
application. Kilope shall not be liable or responsible for any
such interactions that you may have with any such third-party
websites, applications or links, etc.
11. Disclaimer of warranties and liabilities
You expressly acknowledge and agree that the use of Kilope
Platform or the Products and Services is at your sole risk and
that the entire risk as to the satisfactory quality,
performance, accuracy, etc., is with you. Kilope Platform and
the Products and Services are provided on an "as is" and "as
available" basis, with all faults and without warranty of any
kind.
Kilope hereby disclaims all warranties and conditions to the
Kilope Platform and Products and Services, either express or
implied, including, but not limited to the implied warranties
and/or conditions of merchantability, satisfactory quality,
fitness for a particular purpose, accuracy, of quiet enjoyment
and non-infringement of third party rights. Kilope does not
warrant interference with your enjoyment of the Kilope Platform
and Products and Services, that the functions contained in or
services performed or provided by the Kilope Platform will meet
your requirements, that the operation of the Kilope Platform or
Products and Services will be without delays, disruption or
imperfections, uninterrupted or error-free, or that defects in
the Kilope Platform will be corrected. Kilope shall not be
liable under any circumstances for damages arising out of or
related in any way to your inability to access, or your
difficulty in accessing the Kilope Platform, any hacking
attacks, malware infection, bugs, viruses, trojans, or the like,
which may be transmitted to or through the Kilope Platform by
any third party (even though all efforts will be made to secure
the Kilope Platform); any loss of your data or your failure to
keep your password or Account details secure and confidential.
Kilope shall have no responsibility for any damage to your
mobile handset or computer system or loss of data resulting from
downloading any content, materials, document, or information.
Kilope Platform may contain views, advice, and statements of
third parties, but Kilope does not endorse the accuracy or
reliability of any views, advice, or statements. You relying on
such views, advice, and statements shall be solely at your risk
and cost.
12. Limitation of liability
To the extent not prohibited by law, in no event shall Kilope be
liable for personal injury or any exemplary, incidental,
special, indirect, or consequential damages whatsoever,
including, without limitation, damages for loss of profits, loss
of data, information, content, personal loss, business
interruption or any other commercial damages or losses, arising
out of or related to your use or inability to use the Kilope
Platform or Products and Services, however, caused, regardless
of the theory of liability (contract, tort or otherwise) and
even if Kilope has been advised of the possibility of such
damages. Notwithstanding anything contained herein or the
Privacy Policy or any other policy, in no event shall Kilope's
total liability to you for all and any damages, losses, claims,
etc. exceed the number of Transaction Fees paid by you to the
NBFC for availing the Salary Advance Facility.
13. Indemnification
You agree to indemnify and hold Kilope and its affiliates,
directors, officers, employees, and agents harmless from and
against any liabilities, losses, damages, or costs, including
reasonable attorneys' fees incurred in connection with or
arising from your breach of any of the Terms of Use or other
policies including but not limited to the Privacy Policy and any
third-party allegations, claims, actions, disputes or demands
asserted by any of them as a result of or relating to your use
of Kilope Platform and Products and Services or breach of any of
the present Terms of Use or other policies including but not
limited to the Privacy Policy.
14. Force Majeure
Notwithstanding anything contained herein or the Privacy Policy
or any other applicable policy, Kilope shall under no
circumstances be held liable for any damages, losses, loss of
Products and Services, etc. resulting directly or indirectly
from causes beyond its reasonable control, including, without
limitation, acts of nature, failures of the Internet or
computer/telecom equipment, change in regulations such as
Reserve Bank of India regulations, or other government
regulations, riots, epidemics, storms, civil disturbances,
floods, etc.
15. Termination
The agreement is effective until terminated by You or Kilope.
You can terminate this agreement by closing the user account and
no longer accessing or using the Kilope Platform or Products and
Services.
Your rights under this agreement will terminate without notice
if You fail to comply with or breach any of the Terms of Use or
any other policies, including but not limited to the Privacy
Policy, or if it is discovered that you are not eligible to use
the Kilope Platform Upon termination of the License, You shall
cease all use of the Kilope Platform and Products and Services
and destroy all copies, full or partial, of the Kilope Platform.
In case of any termination by either You or Kilope or in case of
deletion, uninstallation, or discontinuation of use of the
Kilope Platform, You will not be absolved from your obligation
and liability of repaying the outstanding dues, including but
not limited to the amount of the Salary Advance Facility,
interest accrued thereon as per the Salary Advance Facility
Documents and the Transaction Fees, to the NBFC nor any rights
of recovery in relation to it would be waived off.
16. Governing Law, Jurisdiction, and Arbitration
i.The formation and interpretation of these Terms of Use,
Privacy Policy, or any other applicable policy and any disputes
arising in relation thereto shall be governed by India's
substantive and procedural laws. Courts at Hyderabad, Telangana,
India, shall have exclusive jurisdiction in or in relation to
any matter arising under the present Terms of Use or connected
policies, including but not limited to the Privacy Policy.
1. In the event of disputes, differences, or claims arising out
of or in connection with these Terms of Use and/or the other
applicable policies, including but not limited to Privacy Policy
or in any way relating thereto or any term, condition, or
provision herein mentioned or the construction or interpretation
thereof or otherwise in relation thereto, Kilope and You shall
first endeavor to settle such differences, disputes or claims by
amicable settlement and failing such settlement, the same shall
be resolved by arbitration by a sole Arbitrator to be appointed
mutually by Kilope and You. The arbitration proceedings shall be
held in accordance with the Arbitration and Conciliation Act,
1996, or any statutory modification or re-enactment thereof for
the time being in force. The place of Arbitration shall be
Hyderabad, and the proceedings shall be conducted in the English
language.
17. Amendments and Modifications
Kilope reserves the right to modify this Terms of Use or
policies including but not limited to Privacy Policy relating to
the Kilope PlatformPlatform or Products and Services at any
time, effective upon posting of an updated version of this Terms
of Use or the said policies, as the case may be, on the Kilope
PlatformPlatform. Upon doing so, the revised updated date shall
be reflected at the bottom of the page containing the Terms of
Use or the said policies. Continued use of the Kilope
PlatformPlatform or Products and Service after any such changes
shall constitute your consent to such changes to the Terms of
Use or said policies.
18. Mechanism for Grievance Redressal
In accordance with the Information Technology Act, 2000 and
Rules made thereunder, the contact details for raising
grievances, if any, are provided below:
Address: Credmarg technologies Private Limited, Plot no 10,
Nectar Gardens, Kavuri Hills Road, Hyderabad, Telangana –
500081.
Contact Number: +91 9672421830
E-mail: hey@kilope.com