Terms & Conditions

Background and Objective

Date of last revision: 4th June, 2020These terms of use (‘Terms’) mandate the terms for use of the Services provided through access and registration on the domain name www.savvyapp.in (‘Website’) and/or mobile application ‘Savvy’ (‘Mobile Application’) is owned, operated and managed by Yellow Sky Technologies Private Limited (hereinafter referred to as ‘Company’ or ‘Us’ or ‘We’ or ‘Our’), which will collectively be known as (‘Savvy Platform’). Yellow Sky Technologies Private Limited is a wholly owned subsidiary of Moo-Lah Technologies Pte Ltd, a company incorporated and registered in Singapore, having registration number 201610830W.‘Services’ for the purpose of these Terms shall mean and include the website, mobile applications, self-service financial planning and monitoring tools, aggregation of financial and non-financial products, services and data from third party service partners and personal finance and investment related information. We are constantly changing and improving our Services. We may add or remove functionalities or features, and / or we may stop a Service altogether. In each case, we will give you reasonable advance notice.If you (‘User’) do not agree with these Terms, please stop using the Services. Continued usage of the Services will constitute acceptance of all the Terms. By accessing, browsing or using the Savvy Platform, you accept, without limitation or qualification, the Terms, which together with our privacy policy and any other applicable policies that are incorporated herein by way of reference or available by hyperlink on the Savvy Platform, shall govern the Company's relationship with you in relation to the Savvy Platform. Accessing the Savvy Platform on its online technology platform through any medium, including but not limited to the Website and on Mobile Application, is also subject to these Terms. These Terms shall act as an Agreement between us and you (‘Parties’).If you have any questions, comments, or concerns regarding these Terms or the Services, please contact us at hello@savvyapp.in

Use of Services

You represent and warrant that you are 18 years of age or older and are fully able and competent to enter into, and abide by, the contract created by these Terms. The Savvy Platform renders investment options to residents and non-residents of India, except those living in the United States of America and Canada, by opening their account with the Company in a single mode and individual capacity. They also agree that they will provide residential address under the address details requirement and its associated address proof. If the above details are not met or are not accurately provided Company reserves the right of refusal in opening your account and cancel the account opened under false/incomplete details. Also, Company cannot guarantee that all fund houses on the Savvy Platform will render investment options to non-resident Indians. This decision is left to the discretion of the concerned fund house.You warrant that all details and information provided by you on registration for the purposes of using the Savvy Platform is correct, accurate and genuine. You further warrant that you are using the Savvy Platform for legitimate investments only and shall at no time, misuse services provided by the Company for any illegitimate or illegal purpose or in contravention of any legal and statutory terms, rules and regulations as specified by government of India and market regulators, as updated from time to time via market vide circulars and gazettes.If you have provided us with your contact details, such as email or phone number or any other form of electronic communication, we may send you announcements, messages or information on our Services and how to use them. We may also make customer service-related calls on the phone number. You may opt out of some of these messages unless they are necessary for the delivery of Services, for ex. password change alerts etc.When you register with the Savvy Platform, Company may contact you from time to time to provide the offers/ information of such services/investment schemes that they believe may benefit you.If you are accessing our Services from any jurisdiction outside India, the onus of compliance with the local laws lies on you.Please don’t misuse our Services. For example, don’t disrupt our Services or try to access them using a method other than the interface and the instructions that we provide. If you interrupt, destroy or limit the functionality of our Services, we may stop providing our Services to you and pursue legal remedies.

Fees

While currently, the Company does not charge a convenience fee for the Services, User acknowledges that the Company reserves the right to levy any such charges / fees in the future for the Services or any other services offered by the Company. Any such changes will be communicated by the Company via email and duly informed to you via the Platform.

Identity and Authentication

The Company will establish your identity on its Services by means of a phone number or email and will authenticate it by either a password selected by you, or a one-time password (OTP) sent to your email or mobile phone, or third party authentication services provided by Google and Facebook, or biometric identification enabled by your device. Any instructions provided to, or communication with, the Company or its third party service providers which are so authenticated will be considered to have originated from you. When you select UPI (Unified Payments Interface) as the payment mode, you confirm that the UPI identity/address/handle entered by you is linked to your bank account. The Company will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of your Login Details or other account details or payment details.

Your Privacy and Data Protection

Our Privacy Policy explains how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that the Company can use such data in accordance with our Privacy Policy.Company is bound by the (Indian) Information Technology Act, 2000, and comply with all its provisions. As per Section 43A of the (Indian) Information Technology Act, 2000, Company is obliged to maintain reasonable security procedures to safeguard the user data received or provided by the User.Under Regulation 5 of the Information Technology (Reasonable Security and Procedures and Sensitive Personal Data or Information) Rules, 2011; we are obliged to provide every registered user of Savvy Platform/Company with a readable copy of the personal information you have provided us.

Terms of use of third party service provider(s)

Company may send you links to use integrated services from third party service providers for investing, borrowing, insurance, data aggregation, etc. the use and operation of such services (‘Third Party Services’) will be additionally governed by the relevant service terms and contracts of the respective third party service providers at your sole risk. Further, if specific advice or execution services are being sought by you from any of the third party service providers through the Company, you will enter into a separate agreement for that purpose. These Terms would not cover such an arrangement. By using such Third Party Services, you acknowledge and agree that the Company is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such third party services or platforms.

Liability, Indemnity and Disclaimers

The information we provide through our Services does not constitute investment advice, financial planning advice or tax planning advice and shall not be relied upon by you while making investment decisions. Other than as expressly set out in these Terms, Company does not make any specific promises about the Services. We don’t make any commitments about the content within the Services, the specific functions of the Services, or their availability to you at all times.When permitted by law, Company and third party service providers will not be responsible for lost profits, revenues, or any form of data, financial losses, or any damages that may arise from or in relation to these terms and conditions or due to the use of Savvy Platform or due to the investment made using Savvy Platform. User agrees that Company shall not be held liable for any losses, damages, expenses, costs, liabilities and claims of whatsoever nature caused by fraudulent or unauthorized use or access of user information, and/or signatures.User agrees that you shall be solely responsible for any investment decision taken by you on the Services and Company shall not be liable for any loss or damage caused to you or other users of Savvy Platform due to such investment decision, or any kind of reliance upon it. Company or Savvy Platform will be under no duty to verify compliance with any restrictions on User's investment powers.Company shall not in absence of gross negligence on the part of Company, be liable to user for any act, omission or for any claims which user may suffer or incur as a result of or in course or discharge by Company or its employees, officers, directors, nominee or agent of Company's duties. Without prejudice to the above, Company shall not be held liable for any loss or damage or failure to comply or delay in complying with its obligations under these Terms which is caused directly or indirectly by any event or circumstances beyond Company's reasonable control. These include system failure, network errors, delay or loss of data due to the above and in circumstances of acts of God, floods, epidemics, quarantine, riot, civil commotion and/or war.Company will not be liable for any loss, damage, cost, charges or expenses directly or indirectly caused by reasons of any defects or imperfections or mechanical or other failure with relation to computer, cable, telex, telephone or postal system. While Company will make every effort to have its computer systems available at all times, Company makes no guarantees with respect to the availability of such systems. Company will make every effort to resolve availability issues such as network problems, virus attacks etc. in an expeditious manner. Notwithstanding these, Company will as such not be liable for any loss, damage, cost, charges or expenses directly or indirectly caused by reasons of lack of such availability.

Intellectual Property

Company owns all intellectual property rights in respect of the Services including any literature, audio content, reports, data, drawings, copyrights, designs, diagrams, tables, software, source code or object code or other information or materials (‘Content’), howsoever stored or held, acquired, created, developed, designed or in any way prepared, by Company.The “Savvy” name and logos and all related names, trademarks, service marks, design marks, and slogans are the trademarks or service marks of Yellow Sky Technologies Private Limited (‘Savvy Trademark’).Using our Services does not give you ownership of any intellectual property rights, including any branding or logos, in our Services or the Content you access. Except for your own personal and non-commercial use; you may not copy, reproduce, sell, redistribute, publish, enter into a database, display, perform, modify, transmit, license, create derivatives from, transfer or in any way exploit any part of any Content available from or through Savvy Platform without obtaining our written permission prior to use, and attribute ownership appropriately.You acknowledge that the software and hardware underlying the application as well as other Internet related software which are required for accessing the application are the legal property of either the Company or respective third party service providers. The permission given by the Company to access the application will not convey any proprietary or ownership rights in the above software/hardware. You agree that you shall not attempt to modify, translate, disassemble, decompile or reverse engineer the software/hardware underlying the application or create any derivative product based on such software/hardware.You may not use the Savvy Trademark in any manner that is deceptive or disparaging, or in connection with any product or service that the Company does not explicitly endorse..

Confidentiality

You acknowledge that, in the course of your relationship with the Company and in using the Services, you may obtain information relating to the Services and/or Savvy Platform (‘Proprietary Information’). Such Proprietary Information shall belong solely to the Company and includes, but is not limited to, the features and mode of operation of the Services, trade secrets, know-how, inventions (whether or not patentable), techniques, processes, programs, ideas, algorithms, schematics, testing procedures, software design and architecture, computer code, internal documentation, design and function specifications, product requirements, problem reports, analysis and performance information, benchmarks, software documents, and other technical, business, product, plans and data. In regard to this Proprietary Information:You shall not use (except as expressly authorized by this Agreement) or disclose Proprietary Information without the prior written consent of the Company unless such Proprietary Information becomes generally publicly available without your breach of these Terms.You agree to take reasonable measures to maintain the Proprietary Information and Services in confidence.

About These Terms

By using the services provided through Savvy, you shall be deemed to have accepted the Terms of Use herein including the amended terms and conditions published on the application from time to time.These Terms govern the relationship between Company and you. They do not create any third party beneficiary rights. If you do not comply with these Terms, and we do not take action immediately, it will not be construed as our consent to your non-compliance.If any term contained in these Terms is unenforceable, it will not affect the other Terms.

Governing Law And Dispute Resolution

This Agreement shall be governed by and construed under the laws of India, without regard to the conflicts of law provisions thereof and the courts at Mumbai shall have exclusive jurisdiction.Any dispute, controversy or claims, arising out of or relating to this Agreement or the breach, termination or invalidity thereof, between the Parties shall be resolved exclusively by arbitration and such dispute may be submitted by either Party to arbitration within thirty (30) days of the failure of negotiations.The arbitration shall be held in Mumbai and shall be conducted in accordance with the Arbitration and Conciliation Act, 1996 by a one-member arbitration panel. The arbitration proceedings shall be conducted in the English language and arbitration award shall be final and binding on both Parties.

Cancellation & Refund Policy

Amount once paid through the payment gateway shall not be refunded/cancelled. Refund will only be processed in the below scenario:If the money has been debited from your account, but the units were not allocated within 2-3 business days. You can then contact Savvy by either WhatsApp, Email or call with details such as name, phone number and transaction ID. Savvy team will investigate the transaction and if indeed the units were not processed, the money will be refunded back to the customer within 10 business days to the bank account mentioned during the KYC process.Any cancellation in respect to a confirmed booking, will be as per the Merchant’s terms and conditions.Savvy has no role in any refund of booking amount or cancellation of a confirmed booking and so the respective Merchant should be contacted.You are responsible for updating the bank details/ UPI ID for deposits and withdrawals. Savvy will not be responsible if the updated account number/ UPI ID is incorrect and if the withdrawn funds were credited to the incorrect account.Savvy assumes no responsibility and shall incur no liability if it is unable to affect any auto-save payment instruction(s) on the payment date owing to any one or more of the following circumstances:- If the auto-save instruction(s) issued by you is/are incomplete, inaccurate, invalid and delayed,- If the payment account has insufficient funds/limits to cover for the amount as mentioned in the payment instruction(s),- If the funds available in the payment account are under any encumbrance or charge,- If your bank or the National Clearing Centre refuses or delays honouring the payment instruction(s),- If payment is not processed by biller upon receipt,- Circumstances beyond the control of Savvy (including, but not limited to, fire, flood, natural disasters, bank strikes, power failure, systems failure like computer or telephone lines breakdown due to an unforeseeable cause or interference from an outside force)In case the auto-save is not processed for any reason, you will be intimated about the failed payment by an email.Savvy is a payment gateway to various Merchants. Bookings subjected to the respective Merchant’s terms and conditions. Savvy requests you to contact the Merchant in order to get further clarifications and confirmation or the same can be confirmed on the Merchant’s website. You are requested to please go through the Merchant’s provided terms and conditions before making any bookings.Savvy is not responsible for the customer’s inability to access such terms and conditions or for any loss resulting from such terms and conditions. Savvy shall not be deemed liable for any fault in the services provided by the Merchant. Savvy is also not responsible for setting or controlling the prices applicable to such bookings. All bookings are provided by the Merchants and are subject to the terms and conditions imposed by the concerned Merchant. Savvy does not control or prevent changes in the published details and descriptions of websites/apps operated by the Merchant and is not responsible for any content therein. Savvy has no control over the quality, safety or legality of items displayed and the ability of the Merchant to sell products or provide services. Savvy does not at any point of time during any transaction between you and Merchant take the ownership of any of the bookings offered by the Merchant nor does Savvy at any point assert any rights or claims over the same offered by the Merchant.You explicitly agree and acknowledge that:The actual purchase contract is directly between you and the Merchant. Availing any bookings/services will be subject to the terms and conditions by the respective Merchant.Savvy is not responsible for any issues or disputes regarding the services/ bookings. This will be addressed as per the terms and conditions of the Merchant/vendors.Savvy shall not be held liable for any losses suffered. You should contact the Merchant for their terms and conditions, privacy policy, complaints and clarification governing various features and offers or the products and services offered by them.Cancellation/refund: The cancellation of a confirmed booking or refund of any booking amount will also be governed as per the terms and conditions of the Merchant. Savvy has no role in governing refund/cancellation charges. The Merchant is solely responsible for the bookings made and you should contact the respective Merchant directly in relation to the above-mentioned queries.Use of Information: By accepting T&Cs in general, you accept that Savvy may send alerts/ reminders to the mobile phone number/ e-mail address provided by you or to any such number/e-mail address replaced and informed by you subsequently.If you are not satisfied with the services offered by Savvy and would like to share suggestions/ feedback, please write to the following E-mail: hello@savvyapp.in