Terms And Conditions
This document Agreement (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 (She Pays App) which is owned by She Pays Financial Services Limited (hereinafter referred to as “the company” or “She Pays” “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, (She Pays Website and mobile Application hereinafter together referred to as the “She Pays Platform”.
These Terms and Conditions (hereinafter called as Terms) constitute a legally binding agreement between user or you (as defined below) and She Pays regarding your use of the She Pays Platform, the She Pays 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 She Pays product and services.
She Pays 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 She Pays 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 She Pays 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 She Pays Platform and/or has agreed to or has enquired open an account and/or initiated the process of opening an account with She Pays.
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.
PARTNER BANK means and includes any Bank which She Pays has partnered with, towards offering any Services. Currently, She Pays has partnered with NSDL Payments Bank for opening of savings account and providing requisite Services.
NBFC means and includes any partner NBFC which She Pays 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 She Pays, collectively referred to as the “Services”.
- Online Savings Account
- Co-branded virtual/ physical Debit Cards/Credit Cards
- Mutual Funds
- Digital Gold
- 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 She Pays.
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 She Pays 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, She Pays 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 She Pays or any other person or She Pays 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 She Pays.
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.
SHE PAYS PRODUCTS AND SERVICES
- SAVINGS BANK ACCOUNT
- This account comes pre-loaded with attractive features and benefits to help you access your funds with maximum convenience. You have the flexibility to save or withdraw money in any amount, with no requirement of a minimum balance. And even as you have the convenience of liquid funds, your account will continue to earn interest on a daily balance basis. As a customer, you get all the facilities of regular savings account like a transfer facility, anytime access to your account with phone and net banking.
- Account Opening:
- The account opening formalities are governed by the policies of partnered bank and may be revised from time to time. The users need to submit duly filed application form(s) along with prescribed set of documents designated as ‘officially valid documents’, including Permanent Account No. (PAN) to the satisfaction of the Bank. The Customer shall provide PAN or any other document as may be prescribed from time to time for opening the Account for the completion of the Know Your Customer (“KYC”) requirements.
- Furthermore, any account opening (or maintenance) is subject to the rules & regulations introduced (or amended) from time-to-time by the RBI or any other regulatory body, including but not limited to e-KYC authentication, background check and risk related due diligence on the User.
SAVINGS ACCOUNT WITH NSDL
- Terms and Conditions- https://nsdlbank.com/terms_and_conditions.php
She Pays, in partnership with NSDL Bank, provides a She Pays Debit Card co- branded with RuPay which can be used around the nation and will have additional features.
By completing the sign-up process for availing any of the Debit Cards, you are deemed to have expressly read, understood and accepted each and every specific Terms for issuance of Debit card mentioned herein, along with the General Terms and Conditions specified on our Platform and amended from time to time. All the rules and regulations framed under the Reserve Bank of India (RBI) Regulations, Exchange Control Regulation of the RBI (“The Act”) and as amended/modified/applicable from time to time and any other corresponding enactment in force from time to time. You will also continue to remain bound by the terms and conditions of operation of your Savings Bank Account with NSDL Payments Bank and She Pays.
Unless indicated otherwise, the capitalized terms listed below shall have the following meanings:
- “Account” shall mean all present and future account(s) of the Customer (held in any form whatsoever including but not limited to the services and any kind of banking relationship), operated singly at She Pays.
- “Account Holder” shall mean the Account holder above the age of 18 years.
- “ATM” refers to Automated Teller Machine whether in India or overseas, whether of Partner Bank, or of any other bank on a shared network, at which amongst other things, the Cardholder can use his Debit Card to access his funds in his account(s) held with Partner Bank.
- “Card” shall mean personalized or non-personalized Debit and ATM card in electronic or physical format issued by Partner Bank under the aegis of Card Schemes.
- “Card Schemes” shall mean organisations or card networks (including but not limited to VISA, MASTERCARD, RUPAY etc.) that process and settle debit card transactions as per the relevant rules formulated by such organisations or card networks.”
- “Cardholder” shall mean the Account Holder to whom the Card linked to the Account has been issued by She Pays.
- “Merchant” or “Merchant Establishments”, shall mean establishments wherever located which accept/honour the Card and shall include amongst others: stores, shops, restaurants, airline organizations etc. advertised by NSDL Bank.
- “OTP” shall mean one time password valid only for a single transaction or login session to authenticate the Customer.
- “PIN” means the Personal Identification Number allocated in relation to the Card to the Cardholder by She Pays or as chosen by the Cardholder from time to time
Issuance of Card
The Card shall be issued by NSDL Payments Bank in the name of Cardholder to transact online and provides access to the Account. The Card shall be issued by NSDL Payments Bank to the Cardholder in electronic format upon the opening of the Account or in physical format (only upon the specific request of the Card Holder).
She Pays facilitates bill payment services that allows you to view your bills or eligible plans and make payments to billers through the She Pays. She Pays has contractual arrangements with third party aggregators. Such aggregators have tie-ups with billing merchants and therefore to avail the She Pays 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.
The purpose of She Pays is to keep a track as well as manage your personal finances and investments made by you. The company offers you a technology platform via the She Pays Platform which helps you track and manage your investments in mutual funds obtained by you on the Platform. The company as an intermediary platform enables you to browse through various Third-Party Entities and choose to invest in products from such Third-Party Entities that are best suited for your needs.
Investments in Mutual funds and securities are subject to market risks and there can be no assurance that the objectives of the schemes will be achieved. There is no guarantee for any returns on investments made in Mutual Fund scheme(s). Past performance of mutual fund schemes is not indicative of future performance and may not necessarily provide a basis of comparison with other investments.
She Pays, in partnership with smallcase Technologies Private Limited (“hereinafter referred to as “smallcase”) has enabled the user to invest in stocks of companies listed in the stock exchange. For smooth and transparent transactions, the company has partnered with multiple brokerage firms listed with National stock exchange.
She Pays 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 She Pays Platform.
“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.
“Platform” shall mean, and include, the mobile application and website by the name and style of “www.safegold.com”, that the Customer accesses for the transactions, including all contents, services and technology offered through the Platform.
“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 She PaysPlatform’s role is limited to provide technology platform to the Customers to avail the Services and address the queries related to the Service.
- Terms and Conditions of Safegold- https://www.safegold.com/terms-of-use
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.
She Pays in affiliation with Third Party provides its user the Insurance facilities. She Pays has solutions to cater to your various needs. Enjoy freedom from financial worries by purchasing the insurance plan most suited to your requirements.
Ensure regular investment and security for life by purchasing a life insurance policy. She Pays, in partnership with Third party, offers a variety of solutions that combine savings and protection, for different life stages. Buy the right product now based on your needs and lead a stress-free life.
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. She Pays in partnership with Third Party offers a range of comprehensive home, motor, and travel insurance plans to suit your needs.
Stay financially prepared for medical emergencies with our health insurance plans.
She Pays 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. She Pays is not a party to such loan agreements and its role in such transactions shall be limited to that of an intermediary technology platform.
She Pays offers its users rewards in various forms for their regular and continuous use of the She Pays App. She Pays may from time to time may provide incentives/rewards in the form a scratch cards She Pays digital currency/rewards to users.
- SHE LEARNS
She Pays 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.
- LINKS TO OTHER PLATFORMS
Links to Third-Party content or platforms may appear on She Pays 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 She Pays 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 She Pays Platform, or is suitable or appropriate for use or viewing.
- TERMINATION OF ACCOUNT AND VIOLATION OF TERMS: –
- She Pays 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 She Pays 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.
She Pays 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 She Pays 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.
She Pays 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.
- FEES AND BROKERAGE
The user agrees to pay She Pays 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, She Pays or the Third-Party
All fees, brokerage, and charges on She Pays platform are subject to change from time to time, subject to complying with rules prescribed by the Exchanges and SEBI, as She Pays 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. She Pays 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, She Pays 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.
- FORCE MAJURE:
She Pays shall not be liable if any transaction does not fructify or may not be completed or for any failure on the part of, She Pays 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 She Pays, 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.
In the event where an existing Partner Bank or any of the affiliates (hereinafter called as Terminating Party) of She Pays discontinues or terminate the association with She Pays; 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 She Pays 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.
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.
- DISPUTE REDRESSAL MECHANISM
- You can raise a complaint with respect to any dispute on the She Pays Platform. The complaint can be raised for both the types of transactions i.e. fund transfer and merchant transactions.
- You can raise a complaint with She Pays 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.
- You shall be kept communicated by She Pays by means of updating the status of your complaint on She Pays App or any other means such as Email, Telephone.
- SEVERABILITY, SURVIVAL, HEADINGS AND ENTIRE AGREEMENT:
- 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.
- 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 relationship prior to such termination or expiration.
- 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.
- This Agreement is the entire agreement between you and She Pays relating to the subject matter hereof and this Agreement will not be modified except by a change to this Agreement made by She Pays in accordance with the terms of this Agreement.
- 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 She Pays Platform, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights of She Pays, She Pays 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.
- GOVERNING LAW AND JURISDICTION
- 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.
- 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.
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.
- DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
You expressly understand and agree that, to the maximum extent permitted by applicable law, the She Pays 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.
- Service Provider Agreement
This is to certify that Shepays Financial Services Pvt. Ltd. is respon for the security of sensitive information and PII Data ( Personal identification information data) of the user.