Welcome to HappyCredit! At HappyCredit, our vision is to simplify rewards and money for millions and millions of Online Shoppers who are embracing digital modes of paying and managing money. We aim to constantly delight our users with seamless ways to enjoy rewards and cashback, making shopping a delightful and rewarding experience, save more money and take informed money-related decisions.

1. 1. GENERAL

1. This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

2. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of https://happycredit.in and the App (defined below).

3. The domain name https://happycredit.in ("Website"), and the corresponding mobile apps are owned and operated by Cybergenes Innovations Pvt. Ltd., a private company limited by shares, registered under the provisions of the Companies Act, 2013, and having its registered office at #677, 1st Floor Suite 973, 13th Cross Road, 27th Main Road, Sector -1, HSR Layout, Bengaluru, Karnataka - 560102, India., where such expression shall, unless repugnant to the context thereof, be deemed to include its respective representatives, administrators, employees, partners, officers, agents and their successors and assigns (“Company”).

4. For the purpose of these Terms of Use (“Terms”), wherever the context so requires,
1. The term ‘User’ shall mean any legal person or entity accessing or using the services provided on this App, who is competent to enter into binding contracts, as per the provisions of the Indian Contract Act, 1872. For the purposes of these Terms, the gender neutral term ‘it’ shall be used to refer to Users of all genders.
2. The terms ‘Party’ & ‘Parties’ shall respectively be used to refer to the User and the Company individually and collectively, as the context so requires.

5. The headings of each section in these Terms are only for the purpose of organizing the various provisions under these Terms in an orderly manner, and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal or contractual value.

6. The use of the App by the User is solely governed by these Terms as well as the Privacy Policy (“Policy”, available at https://happycredit.in/terms/#privacy-policy), and any modifications or amendments made thereto by the Company from time to time, at its sole discretion. Using the App and/or using any of the Services provided on the App shall be deemed to signify the User’s unequivocal acceptance of these Terms and the aforementioned Policy, and the User expressly agrees to be bound by the same. The User expressly agrees and acknowledges that the Terms and Policy are co-terminus, and that expiry / termination of either one will lead to the termination of the other, save as provided in Section 3 hereunder.

7. The User unequivocally agrees that these Terms and the aforementioned Policy constitute a legally binding agreement between the User and the Company, and that the User shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by the App, and that the same shall be deemed to be incorporated into these Terms, and shall be treated as part and parcel of the same. The User acknowledges and agrees that no signature or express act is required to make these Terms and the Policy binding on the User, and that the User’s act of visiting any part of the App constitutes the User’s full and final acceptance of these Terms and the aforementioned Policy.

8. The Company reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the User, and the User expressly agrees that any such amendments or modifications shall come into effect immediately. The User has a duty to periodically check the Terms and stay updated on its requirements.  If the User continues to use the App following such a change, the User will be deemed to have consented to any and all amendments / modifications made to the Terms. In so far as the User complies with these Terms, it is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to enter and use the App, and avail of the Services (defined below) provided therein.

9. The Website has been designed by the Company to assist the User by aggregating credit, debit, and cash card offers being offered by various banks, websites, and mobile applications, across various sectors, including without limitation travel, shopping, food & dining, entertainment, services, health and wellness, flowers, gifts and recharges, allowing Users to view all offers currently being offered, and thereby enabling the User to select the offer that best suits it, and further allowing the User to filter offers by bank, category, and stores (mobile applications, platforms, and websites). Users can click on any of the offers listed on the Website and will be redirected to the third-party website / application where it can make the purchase and avail of the offer in question. The Company has further developed the App to additionally provide Users with its ‘Aishback’ service - the opportunity to instantly earn cashback from purchases made through linked-credit cards, debit cards, wallets, and/or UPI accounts, which  in turn may be transferred as credit to the User’s chosen bank account (“Cashback”). The User may also receive information about the offers delivered to them via email, text messages, push notifications on the User’s device, notifications on the User’s web browser, and/or whatsapp,  if the User so desires (collectively, the “Service”).

1. 2. ELIGIBILITY

The User represents and warrants that it is competent and eligible to enter into legally binding agreements and that it has the requisite authority to bind itself to these Terms, as determined solely by the provisions of the Indian Contract Act, 1872, and in the case of a legal entity, that the User is the authorised representative of such legal entity, and has the requisite authority to bind the said legal entity to the contents of these Terms. The User may not use this App if it is not competent to contract under the Indian Contract Act, 1872, or is disqualified from doing so by any other applicable law, rule, regulation, or judicial precedent currently in force.

1. 3. TERM

These Terms will remain in full force and effect while the User continues to access the App and avail of the Services and/or is in possession of an active account. The User is aware that the Company may terminate or suspend the User’s account at any time, without cause or notice, if the Company believes that the User has breached the Terms, or for any other reason, in its sole discretion. The User is further aware and expressly agrees that even after the User’s account is terminated for any reason, these Terms and the Policy shall survive such termination, and shall continue to operate in full force and effect, except for any terms that by their nature expire or are fully satisfied.

1. 4. TERMINATION

The Company reserves the right, in its sole discretion, to unilaterally terminate the User’s access to the Services offered on the App, or any portion thereof, at any time, without notice or cause. The User shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that the User shall not have the right to terminate these Terms till the expiry of the same, as described in Clause 3 hereinabove. In the event of termination of the Terms/Policy and/or the User’s account, the User shall be prohibited from using the App or availing of the Services.

1. 5. USER ACCOUNT

The User may, if it so desires, create an account on the App, by providing the Company with certain information, including without limitation, the User’s name, email id, and mobile number.

1. 6. ACCOUNT SECURITY

The User is responsible for maintaining the confidentiality of its account, and the User is solely responsible for all activities that occur under the User’s account, and the User expressly agrees to be bound by any actions originating from the User’s account. The User agrees to immediately notify the Company of any disclosure or unauthorized use of the User’s username or password, or any other breach of security with respect to the User’s account, and also ensure that it logs out from its account at the end of each session.

1. 7. COMMUNICATION

By using this App, and providing its contact information to the Company through the App, the User hereby agrees and consents to receiving calls, autodialed and/or pre-recorded message calls, push notifications (both through App and web browser) e-mails and SMSs from the Company and/or any of its affiliates or partners at any time, subject to the Policy. In the event that the User wishes to stop receiving any such marketing or promotional calls / email messages / text messages, the User may send an e-mail to the effect to info@happycredit.in. The User agrees and acknowledges that it may take up to seven (7) business days for the Company to give effect to such a request by the User.  

The User expressly agrees that notwithstanding anything contained hereinabove, it may be contacted by the Company or any of its affiliates / partners relating to any Service availed of by the User on the App, or anything pursuant thereto. It is expressly agreed to by the Parties that any information shared by the User with the Company shall be governed by the Policy.

1. 8. PROPRIETARY RIGHTS

The User is aware that the Company owns and retains all proprietary rights in the App, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. The App contains the copyrighted material, trademarks, and other proprietary information of the Company and its licensors, and the User agrees not to copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible through the App, without first obtaining the prior written consent of the Company, or if such property is not owned by the Company, the owner of such intellectual property or proprietary rights. The User agrees to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.

1. 9. CHARGES

The use of this App by the User, including browsing the App and availing any of the Services offered therein is free of cost. However, the Company reserves the right to amend this no-fee policy and charge the User for any or all Services offered / rendered. In such an event, the User will be intimated of the same when it attempts to access the App, and the User shall have the option of declining to avail of the Services offered on the App. Any such change, if made, shall come into effect immediately upon such change being notified to the User, unless specified otherwise.

1. 10. SECURITY

All information entered by the User when transacting on the App is encrypted with 256-bit encryption to protect the User against unintentional disclosure to third parties. The User’s credit and debit card information is not received, stored, or retained by the Company / App in any manner. The Company / App shall, however, in no manner whatsoever be responsible for the security of the User’s data/information on any partner webpages or links, even if the same are through legitimate links or redirects from the App.

1. 11. MODIFICATIONS TO SERVICE

The Company reserves the right at any time to add, modify or discontinue, temporarily or permanently, the App or the Services (or any part thereof) with or without notice. The User agrees and acknowledges that the Company shall not be liable to the User or to any third party for any such addition, modification, suspension, discontinuance or permanent removal of the same. To protect the integrity of the App, the Company reserves the right to block users from certain IP addresses from accessing the App, at any time and at its sole discretion.

1. 12. USER OBLIGATIONS

The User agrees and acknowledges that it is a restricted user of this App, and that it:

1. is bound not to cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the App. Any such use / limited use of the App will only be allowed with the prior express written permission of the Company. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information contained on the App is expressly prohibited.

2. agrees not to access (or attempt to access) the App and/or the materials or services by any means other than through the interface provided by the App. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the App or its content, or in any way reproduce or circumvent the navigational structure or presentation of the App, materials or any content, or to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the App will lead to suspension or termination of the User’s access to the App, as detailed in Section 11 hereinbelow. The User acknowledges and agrees that by accessing or using the App or any of the services provided therein, it may be exposed to content that it may consider offensive, indecent or otherwise objectionable. The Company disclaims any and all liabilities arising in relation to such offensive content on the App. The User expressly agrees and acknowledges that Services displayed on the App are not owned by the Company/App, and that the same are the exclusive property of certain third parties who have chosen to market their products through the Company’s App, and that the Company/App is in no way responsible for the content of the same. The User may however report any inaccurate content, which the Company may then remove from the App, at its sole discretion.

3. The User understands and accepts that not all products, Services and rewards offered on the App may be available in all geographic areas, and agrees that it may not be eligible for any/all the products, Services and rewards displayed on the App. The Company and its partners reserve the right to determine the availability and eligibility for any product, Service and reward offered on the App.

4. Further undertakes not to:
1. Engage in any activity that interferes with or disrupts access to the App or the services provided therein (or the servers and networks which are connected to the App);
2. Probe, scan or test the vulnerability of the App or any network connected to the App, nor breach the security or authentication measures on the App or any network connected to the App. The User may not reverse look-up, trace or seek to trace any information relating to any other user of, or visitor to, the App, or any other customer of the App, including any user account maintained on the App not operated/managed by the User, or exploit the App or information made available or offered by or through the App, in any manner;
3. Disrupt or interfere with the security of, or otherwise cause harm to, the App, systems resources, accounts, passwords, servers or networks connected to or accessible through the App, or any affiliated or linked websites;
4. Collect or store data about other users of the App.
5. Use the App or any material or content therein for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of this App or any other third parties;
6. Violate any terms or conditions which may be applicable for or to any Service offered on the App;
7. Violate any applicable laws, rules or regulations currently in force within or outside India;
8. Violate any portion of these Terms or the Policy, including but not limited to any applicable additional terms of the App contained herein or elsewhere, whether made by amendment, modification, or otherwise; or
9. Commit any act that causes the Company to lose (in whole or in part) the services of its internet service provider (ISP) or in any manner disrupts the services of any other supplier/service provider of the Company/App;

5. The User hereby expressly authorises the Company/App to disclose any and all information relating to the User in the possession of the Company/App to law enforcement or other government officials, as the Company may in its sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes. The User further understands that the Company/App might be directed to disclose any information (including the identity of persons providing information or materials on the App) as necessary to satisfy any judicial order, law, regulation or valid governmental request.

6. The User expressly agrees and acknowledges that the Company/App has no obligation to monitor the information posted on the App.

1. 13. SUSPENSION OF USER ACCESS AND ACTIVITY

Notwithstanding other legal remedies that may be available to it, the Company may in its sole discretion limit the User’s access to the Service by immediately removing the User’s access credentials either temporarily or indefinitely, or suspend / terminate the User’s account, and/or refuse to provide User with access to the App, without being required to provide the User with notice or cause:

1. If the User is in breach any of these Terms or the Policy;
2. If the User has provided wrong, inaccurate, incomplete or incorrect information;
3. If the User’s actions may cause any harm, damage or loss to the other users or to the App/Company, at the sole discretion of the Company.

1. 14. INDEMNITY AND LIMITATIONS

1. The User hereby expressly agrees to defend, indemnify and hold harmless the App and the Company, its employees, directors, officers, agents and their successors and assigns and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon the User's actions or inactions, including but not limited to any warranties, representations or undertakings, or in relation to the non-fulfilment of any of the User’s obligations under these Terms, or arising out of the User's infringement of any applicable laws, rules and regulations, including but not limited to infringement of intellectual property rights, payment of statutory dues and taxes, claims of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers, or the infringement of any other rights of a third party.

2. In no event shall the Company/App be liable to compensate the User or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not the Company/App had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the User’s use of or access to the App and/or the products, services or materials contained therein.

3. The limitations and exclusions in this section apply to the maximum extent permitted by applicable law, and the Parties expressly agree that in the event of any statute, rule, regulation or amendment coming into force that would result in the Company/App incurring any form of liability whatsoever, these Terms and the Policy will stand terminated one (1) day before the coming into effect of such statute, rule, regulation or amendment, and the User shall be prohibited from using the App or availing of the Service.. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.

4. The User is aware and agrees that the Company is merely an aggregator of publicly available information, and is in no way responsible for the veracity or suitability of any offer displayed on the App, or the quality of any products/services listed on the Company’s partners’ websites. The User alone shall be responsible for any actions or inactions pursuant to viewing offers displayed on the App, or any other part of the Service.

1. 15. CASHBACK

1. The User is aware that nothing contained herein will give it a right to receive any Cashback, and that any Cashback credited to the User’s account shall be at the sole discretion of the Company and the Company’s partners.

2. In order to obtain the Cashback, the User will be required to complete transactions directly on the Company’s partners’ websites/platforms, and its account will thereafter be credited with Cashback by the Company. The User is aware and agrees that each Cashback offer shall be subject to individual offer terms & conditions.

3. The User is aware and agrees that certain Cashback offers may require the User to activate the same, including without limitation by clicking on a specific link, or by using a coupon code. If the User fails to activate the offer, or the offer status is not pre-activated, the User will not be entitled to receive any Cashback, even if it has successfully completed a valid transaction within the term of the Cashback offer.

4. The User is aware and agrees to direct any cashback related queries to the Company’s customer support, contactable onhelp@happycredit.in, and not contact the Company’s partners.  

5. The User is aware and agrees that any Cashback credited into its account can be reversed / rolled back if the Company’s partner raises any objection related to the validity or authenticity of the User’s transaction, at the sole determination of the Company.

6. The User is aware and agrees that the Company shall not be responsible for crediting Cashback to it if it has shared inaccurate banking information. Further, any Cashback credited to the User’s account shall have a validity of 1 year, within which period the User will be required to transfer the same into its bank account, failing which the Company shall have the right to reverse / roll back the same.

7. In order to avail of the Cashback, the User is aware that it must agree to the specific terms and conditions displayed on the Cashback offer page. The User agrees that its participation in any Cashback offer constitutes its understanding & agreement to the specific offer terms and conditions listed alongside any Cashback / reward offer.

8. The User agrees not to use any other 3rd party cashback app or website to claim cashback while shopping at the Company’s partners’ websites / applications. In the event of the User being in breach of the same, the Company reserves the right to reverse / cancel the User’s Cashback, and frequent actions can result in suspension of the User’s account.

1. 16. INTELLECTUAL PROPERTY RIGHTS

1. Unless expressly agreed to in writing, nothing contained herein shall give the User a right to use any of the App’s trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports and other distinctive brand features, save according to the provisions of these Terms. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by the App and other distinctive brand features of the App are the property of the Company. Furthermore, the Company is the exclusive owner of all the designs, graphics and the like, related to the App.

2. The User may not use any of the intellectual property displayed on the App in any manner that is likely to cause confusion among existing or prospective users of the App, or that in any manner disparages or discredits the Company/App, to be determined at the sole discretion of the Company.

3. The User is aware that the products displayed on the App are the exclusive intellectual property of their respective owners, and that all intellectual property rights, including but not limited to copyrights, relating to said products resides with the said owners, and that at no point does any such intellectual property stand transferred from the aforementioned owners to the App/Company, or to the User. The User is aware that the Company merely provides a platform through which the Services are provided to the users of the App, and the neither the Company nor the App owns any of the intellectual property relating to the information displayed on the App.

4. The User is aware that any reproduction or infringement of the intellectual property of the aforementioned owners by the User will result in legal action being initiated against the User by the respective owners of the intellectual property so reproduced / infringed upon. It is agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.

1. 17. DISCLAIMER OF WARRANTIES AND LIABILITIES

1. Except as otherwise expressly stated on the App, all Services offered on the App are offered on an "as is" basis without any warranty whatsoever, either express or implied.
2. The Company/App makes no representations, express or implied, including without limitation implied warranties of merchantability and fitness for a particular purpose.
3. The User agrees and undertakes that it is accessing the App and transacting at its sole risk and that it is using its best and prudent judgment before purchasing any product/service listed on the App, or accessing/using any information displayed thereon.  
4. The App and the Company accepts no liability for any errors or omissions, whether on behalf of itself or third parties, or for any damage caused to the User, the User’s belongings, or any third party, resulting from the use or misuse of any product purchased or service availed of by the User from the App.
5. The Company/App does not guarantee that the functions and services contained in the App will be uninterrupted or error-free, or that the App or its server will be free of viruses or other harmful components, and the User hereby expressly accepts any and all associated risks involved with the User’s use of the App.
6. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.

1. 18. SUBMISSIONS

Any comments, ideas, suggestions, initiation, or any other content contributed by the User to the Company or this App will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for the Company to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display worldwide, or act on such content, without additional approval or consideration, in any media, or technology now known or later developed, for the full term of any rights that may exist in such content, and the User hereby waives any claim to the contrary. The User hereby represents and warrants that it owns or otherwise controls all of the rights to the content contributed to the App, and that use of such content by the Company/App does not infringe upon or violate the rights of any third party. In the event of any action initiated against the Company/App by any such affected third party, the User hereby expressly agrees to indemnify and hold harmless the Company/App, for its use of any such information provided to it by the User. The Company reserves its right to defend itself in any such legal disputes that may arise, and recover the costs incurred in such proceedings from the User.

1. 19. GOVERNING LAW & JURISDICTION

The Parties expressly agree that the Terms and Policy shall be governed by the laws, rules and regulations of India, and that the courts at Bengaluru, Karnataka, shall have exclusive jurisdiction over any disputes arising between the Parties.

1. 20. NOTICES

Any and all communication relating to any suggestions, feedback, complaints, disputes or grievances experienced by the User may be communicated to the Company by the User reducing the same to writing, and sending the same to the Company by email, toinfo@happycredit.in

1. 21. MISCELLANEOUS PROVISIONS

1. Entire Agreement: These Terms, read with the Policy form the complete and final contract between the User and the Company with respect to the subject matter hereof and supersedes all other communications, representations and agreements (whether oral, written or otherwise) relating thereto;

2. Waiver: The failure of either Party at any time to require performance of any provision of these Terms shall in no manner affect such Party's right at a later time to enforce the same. No waiver by either Party of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms.

3. Severability: If any provision/clause of these Terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.