Terms and Conditions
This document (hereinafter referred to as “Agreement”) records the terms and conditions that apply to the access and use of the Website shepays.com (hereinafter called as the Website) and the mobile Application (ShePays App) which is owned by ShePays Financial Services Limited (hereinafter referred to as “the company” or “ShePays” “we” or “our” or “us”), a company incorporated under the Companies Act, 2013 having CIN U67100HR2021PTC095899 and having its registered office at 68, Akashneem Marg, DLF Phase 2, Sector 25, Gurugram, Haryana 122002, (ShePays Website and mobile Application hereinafter together referred to as the “ShePays Platform”).
These Terms and Conditions (hereinafter called as Terms) constitute a legally binding agreement between user or you (as defined below) and ShePays regarding your use of the ShePays Platform, the ShePays debit card, and other associated services. Please read these Terms carefully before accepting. By accepting the Terms you agree that you have read, understood, acknowledged and accepted these Terms a, Tariff of Schedule to access ShePays product and services.
ShePays reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms at any time by posting the amended Terms. Please check these Terms periodically for changes. Your continued use of the ShePays Platform after the posting of changes constitutes your binding acceptance of such changes. In addition, when using any particular services, you may be subject to any posted guidelines or rules applicable to such services. All such guidelines or rules are hereby incorporated by reference into the Terms. If you do not agree with the Terms, please do not use the ShePays Platform.
For the purpose of this Terms, wherever the context so mentions “user” or “you” or “your” it shall mean any natural or legal person who has visited ShePays Platform and/or has agreed to or has enquired open an account and/or initiated the process of opening an account with ShePays.
In addition, when you use any Service (e.g. Savings account, Digital Gold, Investment, Insurance, Loans, any contest), you will also be subject to the terms, guidelines and conditions as applicable specifically to that Service T&C’s. If these Terms are inconsistent with such T&C’s, the T&C’s will control or prevail.
DEFINITIONS
NBFC means and includes any partner NBFC which ShePays has partnered with, towards offering any Services.
Branch means the branch of any partner Bank/NBFC which is linked to the Savings/Credit Card/Loan Account.
Business Days means days in which banks are open for business in Mumbai (India), New Delhi (India) and Bengaluru (India).
Debit Card means a virtual debit card or a physical VISA/Mastercard/RuPay Debit Card issued on opening the Savings account and includes any replacement or renewed card issued by us and/or our Partner Bank to you at your request or otherwise.
RBI means the Reserve Bank of India.
SEBI means the Security and Exchange Board of India.
SERVICES means and includes the following features in the mobile application and/or website as provided by ShePays, collectively referred to as the “Services”.
- Online Savings Account
- Co-branded virtual/ physical Debit Cards/Credit Cards
- Investments
- Mutual Funds
- Stocks
- Digital Gold
- Loans
- Offers and discounts
- Insurance Products/Services (as permitted by IRDA)
- E-commerce transaction
- She Pays Rewards
- Any other product/service offered by She Pays, as and when launched.
THIRD PARTY SERVICE PROVIDER / THIRD PARTY means and includes a bank, association, company, partnership or any such entity whose facilities are used by us to provide the Services to Users (defined below) throughout our Platform.
PERSONAL INFORMATION refers to the personal information provided by you to ShePays.
TRANSACTION OR PAYMENT TRANSACTION means (a) a payment request sent by you for sending or receiving payments; or (b) payment instruction sent by you for a debit in his or her account; (c) fixed deposit, (d) recurring deposit, (e) buying mutual funds, (f) checking account balance, etc.
PAYMENT SYSTEMS PROVIDER means the banks and other financial institutions (as defined in the Payments and Settlement Systems Act, 2007) with whom the Company has agreed to facilitate Payment Transactions.
USER means any person (“You”) who signs up on the Company’s app using the ShePays Platform, also applies to those who transact or avail our Services through the Platform.
UPI means the Unified Payments Interface operated by the National Payments Corporation of India (NPCI).
KNOW YOUR CUSTOMER (“KYC”) means the various laws and regulations issued by the RBI from time-to-time. To fulfil such KYC requirements, ShePays procures personal identification details from You before any Services can be delivered.
IRDA means the Insurance Regulatory and Development Authority.
SUSPECTED ACTIVITY shall mean any act of commission or omission committed by You:
- That raises the suspicion that such act intends to commit fraud, forgery, cheating, criminal breach of trust or any other offence against ShePays or any other person or ShePays associates;
- That raises suspicion that such act intends to violate any applicable law; and
- That raises suspicion that it intends to adversely affect the interests of ShePays.
1. ELIGIBILITY:
By accessing the She Pays Platform, you agree to be bound by these Terms:
- You are a resident of India,
- Above 18 (Eighteen) years of age,
- Have the capacity to enter legally binding contract as specified under the Indian Contract Act, 1872, while availing the Services offered by the Company.
- You are not barred or otherwise legally prohibited from accessing or using the Services under the laws of India or any applicable law.
If you allow anyone to use your account, including individuals under 18 years of age, you will still be responsible for ensuring that such individuals comply with these Terms. You will be responsible for all actions these individuals take in and/or through your account. You also acknowledge that She Pays does not have the responsibility of ensuring that you meet the aforesaid eligibility requirements.
1. BILL PAYMENTS
ShePays facilitates bill payment services that allows you to view your bills or eligible plans and make payments to billers through the ShePays. ShePays has contractual arrangements with third party aggregators. Such aggregators have tie-ups with billing merchants and therefore to avail the ShePays bill payment services, you may be required to provide us with your bill account information for Billers with whom You would like to make payments (this may include the customer ID etc.) and any other information necessary for us to access your account and bill/plan details with such Billers. You further understand that Third Party only facilitates bill presentment and bill payment and is either (i) an agent, in accordance with applicable laws, where the Biller is registered with NPCI for BBPS; or (ii) a bill payment facilitator.
- DIGITAL GOLD
ShePays has entered into contractual arrangements with a Third-Party Digital Gold India Private Limited (DGIPL) under its brand name “SAFEGOLD” for the purchase of gold to the users/customers while using the ShePays Platform.
DEFINITION:
“Customer” shall mean any person, who as the counterparty transacts using the Platform for buying Precious Metal, taking delivery of Precious Metal and/or selling back the Precious Metal to DGIPL or any other buyer as outlined in these Terms.
“Precious Metal” means physical gold, silver and/or other precious metals in bullion form (as the case may be), with purity as displayed on the Platform or on a Partner Platform, in a manner deemed fit by Partner.
“Partner” shall mean any entity facilitating collection of payment for Precious Metal products or any other products and services offered by Digital Gold India Private Limited (DGIPL).
The Platform acts as a technology platform and is only providing the Services provided on the Platform. Platform has no control of the information, gold accumulation plan, quality, safety, storage, morality or legality of any aspect, truth or accuracy of the listed Digital Gold using the Platform. Platform in any way does not guarantee that you/ Customer will actually complete a transaction and is also not responsible for unsatisfactory or delayed performance of service/damage/delays offered by Partner. Transfer of legal ownership is between a Customer and Partner as per the Terms and Conditions of the Partner and is not managed by the us.
The Platform does not accept any liability of any errors, whether on behalf of itself or the Third-Party. All commercial /contractual terms such as price of the Digital Gold, quality, dispatch, delivery, warranties, applicable taxes, etc., are bipartite contracts between the Customer(s) and Partner. The ShePays Platform’s role is limited to provide technology platform to the Customers to avail the Services and address the queries related to the Service.
The terms and conditions and privacy policy applicable to opening an account for the purchase of Digital Gold with Digital Gold India Private. Limited can be found here:
- Terms and Conditions of Safegold – https://www.safegold.com/terms-of-use
- Privacy Policy of Safegold – https://www.safegold.com/privacy-policy
The Platform may contain links to third party website that are not operated by us. We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.
2. INSURANCE
ShePays in affiliation with Third Party provides its user the Insurance facilities. ShePays has solutions to cater to your various needs. Enjoy freedom from financial worries by purchasing the insurance plan most suited to your requirements.
GENERAL INSURANCE
With the right general insurance policy, you won’t need to worry about damage to your home, vehicle or expensive gadgets on account of natural calamities or accidents. Similarly, with the right travel policy medical emergencies while travelling will no longer be a concern. Buy the right policy online in an end-to-end paperless manner. Get instant protection for your possessions. ShePays in partnership with Third Party offers a range of comprehensive home, motor, and travel insurance plans to suit your needs.
HEALTH INSURANCE
Stay financially prepared for medical emergencies with our health insurance plans.
3. LOAN
ShePays provides a technology platform for display of Loan Facility offers from Credit Institutions to you. You understand and agree that the terms of such Loan Facility shall be governed by the loan agreements executed between you and the credit institution. ShePays is not a party to such loan agreements and its role in such transactions shall be limited to that of an intermediary technology platform.
4. REWARDS
ShePays offers its users rewards in various forms for their regular and continuous use of the ShePays App. ShePays may from time to time may provide incentives/rewards in the form a scratch cards ShePays digital currency/rewards to users.
4. SHELEARNS
ShePays in association with The Fin Lin Project, provides its users a platform to make finance and fintech simple and accessible to everyone. We believe that a strong foundation of financial literacy can support various life goals, such as saving for education or retirement, to create a budget, investing techniques, track personal spending etc. Financial literacy can be obtained through reading books, listening to podcasts or subscribing to financial content or talking to a finance professional. A user can speak with experts available on The Fin Lin Project.
2. LINKS TO OTHER PLATFORMS
Links to Third-Party content or platforms may appear on ShePays Platform from time to time. We completely deny all sorts of obligations and liabilities with respect to the content or product/services on any such Platforms accessible via any link(s) on ShePays Platform. All content on Third-Party Platforms is outside of our control, and we do not represent or warrant that such content is related to us or ShePays Platform, or is suitable or appropriate for use or viewing. Any Third-Party platform accessible via a link on ShePays Platform may collect and process your information. We are not responsible for any data-processing activities carried out by any Third-Party platform which is linked to/from ShePays Platform, and we disclaim any and all liability in respect of the same. You should check the privacy policy of any such Third Party to establish how they may use your information before you decide to use their platform and its features.
3. TERMINATION OF ACCOUNT AND VIOLATION OF TERMS: –
ShePays may delist you or block your future access to the Platform or suspend or terminate your account if we believe, in its sole and absolute discretion that you have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms or anyway otherwise acted unethically. Notwithstanding anything in this clause, these Terms will survive indefinitely unless and until we choose to terminate them. If you or ShePays terminate your use of the Platform, we may delete any content or other materials relating to you and we shall have no liability to you or any Third Party for doing so. However, your transactions details may be preserved by us for purposes of tax or regulatory compliance.
4. OFFERS
ShePays may invite you to participate in any offer from time to time. You agree that participating in such an offer is subject to your agreement to the respective offer and terms. You also understand that the offers might be provided by third parties on ShePays Platform and you may require to agree to respective terms and conditions of third parties. You further agree that offers provided to any user may vary from user to user. ShePays reserves the right to disqualify you from any offer in case you do not meet the eligibility criteria for such an offer or any other reasons thereof including but not limited to misuse of offer, misrepresentation, fraud or suspicious transactions/activities, including but not limited to PMLA directives or any at our sole discretion without further notice.
5. FEES AND BROKERAGE
The user agrees to pay ShePays or the Third-Party any brokerage, commission, fees, service tax and other taxes and transaction charges as agreed upon and due from time to time for the services that the user receives either from, ShePays or the Third-Party All fees, brokerage, and charges on ShePays platform are subject to change from time to time, subject to complying with rules prescribed by the Exchanges and SEBI, as ShePays discretion, with due notification to the user. Any fees or commission levied by the Third Party will be at the discretion of the Third Party. ShePays will not be liable for any fees or brokerage levied by the Third-Party. Each time there is any change with respect to fees, charges, and brokerage, ShePays would notify all users by an email and/or SMS to their registered email ID and contact number with all details, along with the date of such changes being effective.
6. FORCE MAJURE:
ShePays shall not be liable if any transaction does not fructify or may not be completed or for any failure on the part of, ShePays to perform any of its obligations under these Terms or those applicable specifically to its services/facilities if performance is prevented, hindered or delayed by a Force Majeure event (defined below) and in such case its obligations shall be suspended for so long as the Force Majeure event continues.
“Force Majeure Event” means any event due to any cause beyond the reasonable control of ShePays, including without limitations, unavailability of any communication systems, breach, or virus in the processes or payment or delivery mechanism, sabotage, fire, flood, explosion, acts of god, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorised access to computer data and storage devices, computer crashes, malfunctioning in the computer terminal or the systems getting affected by any malicious, destructive or corrupting code or program, mechanical or technical errors/failures or power shut down, faults or failures in telecommunication etc.
7. PRIVACY
In order to provide the services to you we collect some of your personal information. We have described our collection and use of personal information in our Privacy Policy. Please review the privacy policy. You must agree to the processing of your personal information as laid out in our Privacy Policy (as may be updated from time to time). You agree that we may disclose personal information provided to us, including the data entered into the Website, if required to by law or on government request or as specified in the Privacy Policy.
8. DISCLAIMER
In the event where an existing Partner Bank or any of the affiliates (hereinafter called as Terminating Party) of ShePays discontinues or terminate the association with ShePays; the user will be given an option to transfer its accounts into the new Partner Bank or new affiliates. If the user chooses to transfer its accounts to new Partner Bank or new affiliates, then the terms and conditions of the new Partner Bank or new affiliates will be applicable to the user. If the user is not willing to transfer the account into the new Partner bank or new affiliates, then the Terminating Party will be responsible for maintaining the accounts and ShePays would have no control or authority over the accounts of the user. The terms and conditions of the Terminating Party would apply to such users.
9. WAIVER
Failure to enforce any rights conferred by these Terms or any law shall not be deemed to be a waiver of any such rights or operate so as to the exercise or enforcement thereof at any subsequent time.
10. DISPUTE REDRESSAL MECHANISM
1. You can raise a complaint with respect to any dispute on the ShePays Platform. The complaint can be raised for both the types of transactions i.e. fund transfer and merchant transactions.
2. You can raise a complaint with ShePays with respect to any grievances / complaints on our Platform. In case the complaint /grievance remains unresolved, the next level for escalation will be the Partner Bank, followed by the bank (where you maintain your account) and NPCI, in the same order. After exercising these options, you can approach the Banking Ombudsman and / or the Ombudsman for Digital Complaints, as the case may be.
3. You shall be kept communicated by ShePays by means of updating the status of your complaint on ShePays App or any other means such as Email, Telephone.
11. SEVERABILITY, SURVIVAL, HEADINGS AND ENTIRE AGREEMENT:
1. If any provision of this Agreement is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent required, and the remaining provisions will remain valid and enforceable.
2. Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration as applied to transfers and relationships prior to such termination or expiration.
3. The heading references herein are for convenience purposes only and they do not constitute a part of these Terms and will not be deemed to limit or affect any of the provisions hereof.
4. This Agreement is the entire agreement between you and ShePays relating to the subject matter hereof and this Agreement will not be modified except by a change to this Agreement made by ShePays in accordance with the terms of this Agreement.
12. INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that the Company, or our licensors, owns all legal right, title and interest in and to the Services, including any Intellectual Property Rights which subsist in the Services.
Unless you receive our express authorization in writing, you agree that in using the Services or accessing our Platform, you shall not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
All material on the ShePays Platform, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights of ShePays, ShePays entities or business partners. Material on Website is solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other platform or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited.
13. GOVERNING LAW AND JURISDICTION
1. Any disputes arising from or in relation to the agreement or any documents they refer to, whether contractual or non-contractual, shall be governed by and construed in accordance with the Indian Law.
2. The courts/Tribunals/Authorities in India situated in Gurugram shall have exclusive jurisdiction over any claims or disputes arising from or in relation to these Terms and any documents they refer to.
14. INDEMNIFICATION
You agree to indemnify the Company and/ its group entities and affiliates, its directors and employees from any losses, damages, penalties, claims, costs and demands (including reasonable attorney fees and legal costs) arising out of your breach or non-performance and/or non-observance of the duties and obligations, representations, warranties and covenants under the Terms or due to your acts or omissions. You further agree to hold the company and/or its group entities and affiliates harmless against any claims made by any third party due to, or arising out of, or in connection with, your use of the Platform, any misrepresentation with respect to the data or information provided by you, your violation of the Terms, or your violation of any rights of another, including any intellectual property rights. In no event shall the company and/ or its group entities and affiliates and their officers, partners, consultants, agents and employees, be liable to you or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, arising out of or in connection with your use of or access to the Platform or Content on the Platform. The limitations and exclusions in the Terms apply to the maximum extent permitted by applicable laws.
15. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
You expressly understand and agree that, to the maximum extent permitted by applicable law, the ShePays Platform and other content are provided by the Company on an “as is” basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, the Company makes no warranty that (i) the Platform will meet your requirements or your use of the Platform will be uninterrupted, timely, secure or error-free; (ii) the results that may be obtained from the use of the Platform will be effective, accurate or reliable; (iii) any errors or defects in the Platform will be corrected. No advice or information, whether oral or written, obtained by you from the company and/or our group entities or affiliates shall create any warranty not expressly stated in the Terms.
The company will have no liability related to any user content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. The Company also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user Content. Further, the company will not be liable for any loss that you may incur as a consequence of unauthorized use of your Account or Account information in connection with the Platform or the Platform Services either with or without your knowledge.
16. Service Provider Agreement
This is to certify that Shepays Financial Services Pvt. Ltd. is responsible for the security of sensitive information and PII Data
17. Communication Policy:
By accepting our Terms and Conditions, you consent to our communication methods (emails, SMS, push notifications, etc.). Despite our efforts, communication disruptions due to factors beyond our control may occur (like phone being off, inaccurate details, or network issues). You understand ShePays isn’t liable for non-delivery of alerts or losses due to communication issues.
You’re responsible for updating your contact details. You authorize us and potential third-party service providers for ShePays-related communication. Registering implies consent for receiving promotional messages on your registered email/phone about our company’s products, services, and offerings, along with those from our vendors, partners, or associates.
I, hereby provide my explicit consent and acknowledgment to the terms and conditions outlined by ShePays Financial Services Limited –
Acceptance and Changes to Terms:
I acknowledge that my access and use of the ShePays Platform are contingent upon my acceptance of the terms and conditions. I understand that ShePays reserves the right to modify these terms, and my continued use constitutes my acceptance of any changes. User Eligibility:
I confirm that I am a resident of India, at least 18 years old, and legally capable of entering contracts. I understand that I am solely responsible for any account use, even if individuals under 18 access it.
Services and Definitions:
I understand that ShePays provides various financial services, and I have familiarized myself with the definitions provided in the agreement for terms such as NBFC, UPI, KYC, etc.
Specific Service Terms:
I acknowledge that each service offered by ShePays (Bill Payments, Digital Gold, Insurance, Loans, etc.) has specific terms detailed in the agreement. I agree to be bound by both overarching terms and specific service terms.
Communication and Privacy Policy:
I consent to receiving communication from ShePays through emails, SMS, and other means. I understand that I am responsible for updating my contact details. I acknowledge that ShePays is not liable for communication disruptions. I further understand and agree