‘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.
The Company is in the business of software development and information technology services, providing these services to Financial Institutions and/or Merchants, and using the Payment Aggregation services of entities, all three categories collectively referred to as its partners (“Partners”). The Company also provides a technology platform for its “’SavvyPay: Save Now, Buy Later’ service” (“SavvyPay Services”), a shopping checkout solution for multiple brands and products, through the Savvy Platform.
“Customer” shall mean and include any existing or new individual or legal entity using the Partner’s app/website/technology infrastructure/platform/services.
“SavvyPay Services” means the service offered by the Company which allows the individual Customers of a Partner to save money for purchasing the desired Products from the Merchants catalogue made available to the Company and displayed on the Savvy Platform or on the Partner’s website/mobile application or any other digital asset.
SavvyPay Services can be offered in collaboration with any Merchant desirous of collaborating with the Company to offer the SavvyPay Services to Customers in relation to the Merchant’s catalogue of select products (“Products”), and the Company has agreed to collaborate with the Merchant for the same.
Upon the maturity of the SavvyPay Service journey, the Customer has an option to buy the Product by making the payment directly to the Merchant, through their own personal bank account or not going ahead with the purchase of the Product. The Company is in no manner liable or responsible for any actions or inactions of such Customer. The Company does not guarantee any sale to the Merchant pursuant to the collaboration under this Agreement.
The Merchant shall be responsible for the Products, or fulfilling the consumption of the Products in the manner as provided for in the Terms and Conditions of the User Agreement as provided for on the Merchant website, to the Customers who have confirmed the purchase of the Products, and provide the confirmation to the Company. All Product related matters will be solely between the Merchant and the Customer.
The Company’s agreements with its Partners shall be valid from the Execution Date of the respective agreement and shall continue until terminated in accordance the relevant termination clause/s in the respective agreement. Following expiry or termination of the Company’s agreement with a Partner, the Partner shall continue to comply with the terms agreed with the Customer in relation to Products that have originated prior to termination or expiry thereof.
During the Term of agreement with its Partners, the Company shall provide the following Services, directly or through third parties subject to the terms and conditions of the respective agreement:(i) Assist the Partner to list Products and offers for a Customer;(ii) As agreed between the Partner and the Customer, if required facilitate payment gateway services that can be used by the Customers, to purchase the Product offered by the Merchant; The Parties involved may modify the Services from time to time as may be mutually agreed between the Parties in writing.
“Payment Mechanism” shall mean the mechanism of making payment by utilizing the facilities of various Partner Banks, Card Associations, card payment systems, NPCI platforms and through such other modes and mechanisms for payments and collections as facilitated by a payment gateway partunder its platform or services and as may be mutually agreed between CAMS and the Client.
If you have any questions, comments, or concerns regarding these Terms or the Services, please contact us at email@example.com
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.
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.
When accepting investments or payments for its Partners, the role of the Company is primarily of a facilitator and a catalyst and in no circumstances the Company or its personnel will accept any deposits directly from any Customer by way of/in cash or bearer cheques.
In consideration of the Services rendered by the Company to its Partners, the Company will enter into a separate commercial agreement with every Partner.
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.
The Partner shall be solely responsible for making the decision for issuing its Product (financial or non-financial) to the Customer. It will be the responsibility of the Partner to determine KYC compliance of every customer before opening an account in their name or extending any Product (financial or non-financial) to them.
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.
The Company shall process the Customer data (including personal data) received from the Customers who have availed the SavvyPay Service, started or finished saving for the Products and expressed confirmation to proceed with the purchase of the Products, and will share such data with the Merchant for sale and invoicing of the Products, and for billing and collection of purchase price of the Products. The Merchant agrees to comply with all Applicable Laws including applicable data protection laws, in relation to processing of such data. The sharing of such data will be subject to extant statutory guidelines.
Any rights to the data that the Merchant uses or processes in pursuance to its obligations to deliver the Product’s to the Customer shall solely lie with the Merchant.
If the Company is engaged by more than one Partners, the customer database and account details will be kept separately and there will not be any co-mingling of data.
Company may send you links to use integrated services from third party service providers for investing, borrowing, insurance, data aggregation, payment services, 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.
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.
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.
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.
The above mentioned Services are offered/availed through/by two legal entities:
1. Yellow Sky Technologies Pvt Ltd. (YSTPL), which is a technology firm. This is referred to as the “Company” in these ‘Terms and Conditions’.
2. Yellow Funds India Pvt Ltd. (YFIPL), which is a mutual fund distribution firm, with an ARN code (ARN: 170338), relevant where the Partner business is not a mutual fund distributor, and mutual fund distribution is required to be enabled on/through the Savvy Platform.
YFIPL uses the technology platform of YSTPL (the Company) for distributing Mutual Funds and there are relevant agreements in place between the two entities.
The Company signs the relevant agreements - TSP (technology service provider) agreement with Financial Institutions and Merchants, and Service Recipient agreement with Payment Aggregators, to enable the seamless integration and execution of its Services.
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.
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.